The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-07

OATH nsy oral by Deposition taken before sun
curt, before any commr soDer spponteh by such
court before dsnerested STATE Judge Of the stale
II which the deposition taken and all proof Of debts Or
other cisins by Creditors entitled 10 prove toe same oy
this act shall De upoer osb solemn affirm as'eo ~
ssid before such court commissioner spponssd
thereby or before snme cs;De state uc Be Of toe
State where the creditors i've such form may be
pr scribed BY the rules sDd regulations herenoeore al
thor2eS to be made and eetsbnbed by toe coaS havcg
jursoicep in bankruptcy ell such proofs Of debts
cher claims sra be open 20 conIestsou IN The pa
Per courts hhvpg % ov.r 'ne prossecnss
sepee she creditors shall have right t. trial by
jury issue 10 he dreceh by sucn crrl 70 ascer
validity amount OF such debts other CLAIMS
.he resui: reoD, unless Trial shall be grant.
3D. fn Of claims shall be evidence Of va
ld.y and Of sccn debts or Other cams. And If
any psrsoD persoos shall, falsely aud corrupt
~ snswer. swear. or affirm. IN ary hearing or
or trial of any matter, or in any proceeding In
tuch cour: in bansruptcy, or before any oommis
soner he and they shall be deemed guilty OF perjury,
sBc puDbsbe therefor IN the manner and 70 the extent
provided ny Law fcs other
Sec And be iuT.Ser eDac,ea That the circuit.
within snd for ths cstrc whs,e tie Of bankruptcy
passed, shall have concurrent jurisc lotion with the ds
u0t curt '1e same uis'rc' OF AL SUITS at law AID In
equity Which and sbal be brough. By any assignee
IN adverse Interest, by such person against
sepee touching sny property rights OF property Of
sao kru transferable to, such assignee;
and DO sui 81 law or II equity shall In any case, be main
tsinah by a. AGAINST such assignee by against any
person Claiming adverse interest touching the property
acd rights OF property aforesaid IN any whatsoever
tie shall 10 brought within years AFTER
toe ceclarsuor decree bankruptcy, or after the
cause ar suit shalt first have accrued.
Sec And be Il further enacted, That all ealos trans
ers and other convey OF the assignee CT the bank
rUP.s property ana rights OF properts shall be made at
such times ard IN such manner shall be ordered and
sppootd by the court In bankruptcy; and all assets
rrCe we'd by the assignee in money shall within sixty
oays ds be paid into the court subject to its
der respecting in future safe and disposition and
the court ipay require Of such assignee bond with at
eSs two sDreties in such il may deem proper,
CONDITIONED TOR the faithful discharge OF ali his
dus and his compliance with the orders and directions
o. The court which bond shall be taken in the name OF
the United Satee and SHALL If there be any breach there
OF be sued and sueabe under the order Of such court
for 'he benen Of toe creators and other persons in in
terctt.
Sec 70 And be further enacted Ttat order to n-
sure speedy So nent and close Of the proceedings In
each Of ban u,cy, shall DO duty Of the
TO order and direct collection OF the assets and re-
duc,ioc Of The same to money and distribution thereof
as easy periods a. Practicable coGs'ssensy WIN
ana dividend ard distribution Of such assets
as shall be CO leotad and reduced to money, 40
much thereof be safely 20 disposed Of cOnsis-
eny with the rights and interests OF third persons having
adverse claims thereto shall be made among the
o,or. vDo have we'd their debts often once in six
mouths from time Of decree declaring the bank
rs cy If such dividends AID distribution TO be
IN some newspaper or ne Ssppers in the district de-
sPpatec ty the court ten dass 81 least before the order
therefor passed anu the tendency of any suit at law
IN EQUITY by against such ,ird persons, shall not
pctpooe srch division and Distribution except SO far as
the assets may be ecessary to sasfc the same and ali
the proceedings in bankruptcy IN each SHALL If prac
ucab,e, be finally adjusted seiec, aud brought to q
close by within years after the decree de-
clsr ps the bankruptcy And where any creditor shall
moi bsve pre yec bis debt un. dividend or distribution
shall have barn made and declared, he shall be entitled
be paid The same amount rata, out OF the remsning
DIVIDENDS distributions thereafter made, as the oher
creditors have already received before the latter shall be
er:ttd TO aDy portion thereof.
Sec. H. and be il fur'ner enacted Tina, the assignee
sh ali have full authority under the order and direc
zion Of tho proper court In bankruptcy, TO redeem
and discharge any mortgage or other pledge, or
ps"s Or s "pS able in pTs or 5s"
future csy, am 10 teheer Cue performsn g OF
the CONDITIONS thereof And such assignee shall also have
authority by unoer the order and direction OF the
proper court IA bankruptcy TO compound any debts
ober claims, securities due or belonging 70 the estate
o: the bankrupt but order direction sha be
made until notice Of the application is given in pub
lie newspaper IN toe dstric TO be designated by the
court ten days least before TIE hearing SO that ali Gre
ds anc o,her persens in interest may appear and chow
cause auy they have. at the hearing why the order
direction should rot be Passed
Sec ~ And DE further enacted That II any person.
who sha have been discharged under this act shall af
ter ~srds become bankrupt he shall not be again entitled
sctarge un1eT thus act. unless mis- estate shall pro-
duce (ar s chargesl sufficient to pay every creditor
sevep,y I'VE per cent on the .moun Of the debt which
shall bsve been allowed 10 each creditor.
Sec IS And be further enacted. rhat the proceed
Dgs in eli cases IN bankruptcy snal b. deemed mat.
10 be recorded al large, but shall be carefully Aled
kept and numbered IL the Office OF tbs court,
and docket only, or short memorandum there
Of with the numbers, kept In q book by the
clerk OF the court ana the clerk Of me court for Axing
bis and the seal OF the court TO any form certify
ing copy thereof, when required thereto sha1 be en-
titled TO receive compensation, the OF twenty five
cents and And no officer OF the court, com
missioner. shall be allowed by the court more than
dollar ,or taking the proof Of any debt other claim OF
y creditor or other person, against the estate OF the
bankrupt. but be may be lowed in addition, his actual
travelling expenses for thai purpose
Sec IA And be il further enacted, That where two or
more persons vino are partners in trade, become in
solvent an order may be made the provided in
thus either the petition Of such partners,
Of them the petition OF any creditor OF the partners
which order all the joint stock and property OF the
and also all the separate estste Of each OF the
partners shs be tieD, excepting such parts thereof as
herein exempted; and all the creditors OF the com
pany AM the saparpe creditors OF each partner shall be
aosed 10 their respective debts and the assnees
property OF the company and OF the separate estate
Of each member thereof and after deductng
cut Of the whole amount received by such as.
sgrees the whole OF the expensos aud disbursements paid
by them the net proceeds Of the joint stock sha be APP
propised pay the creditors Of the company, and tho
proc, OF the separate estate OF each partner shall
be appropriated 10 pay his separate creditors and there
shall be bny baarce Of the soarse estate Of any partner
afer the pay meni Of his separate deb, such balance
tbs be sdred % joint stock for the psymen, Of the
Joint ereditors and there sha be any balance OF the
JOIN, stock after payment Of the joint debts such balance
estates Of the several partners according 70 their ro
syeove righ9 Ans ia erests therein and u would have
been the Partnership had been dissolved without any
bankruptcy are ha Appropriated TO the separate
Of partner shall be applied to the paymsn, Of
HE separate de u and the certificate Of his discharge
shall DC granted or refsod partner the same
would ough, be the proco .dngs had been against
him alone under this act aad N all other respects the
maoper a. II they bad been commenced and prosecuted
against one perez alone
Sec Is And be further enacted. That copy OF any
decree Of bankruptcy and the appointment OF assgnec
drectsd by the third section Of this act shall be
cited every deed OF lands be ongng 10 the bankrupt
sold and conveyed by any under and by virtue
OF tbs and that such recital together with certified
copy OF such order shall be foil and compsts evidence
both Of the Bankruptcy and assignment therein reced,
and the uec y OF any other proof Of such
bankruptcy and assignment to vaidate the said deed and
ali deeds conabDg suca recital and supported by such
proof snal be efcctua 70 rs,s the title OF the bank
rup. Of IN and TO- the lands therein mentioned and do