The New York herald., 1864-12-15
THE BANKRUPT BILL.
The New Bill as Passed the House of
Representatives. on Monday, Dec. IL,
; 1854, and Sent to the Senate. 4 Il
A Bill Co Establish Untform System OF
Bankruptcy Throughout the United

or COURTS or BANERrPrcY TIER JURspicnoN
Be aeaacted By the Senate House Of Rep eseatairss
OF hs Untd Stofes of Amsxica Grngrcss dsemu d,
That the several district OF the United
and they hereby are, constituted courts bankruptcy,
ana they shall have original jurisdctn In their respec
tive osicts in all matters and proceedings IN bank
rupcy, and they are hereby authorized and ad
Indicate upon the same according provisions OF this
ac Inc sara courts shall DO always for the trans
action OF business under this act and powers and
Jurisdiction hereby granted and conferred shall be exer
cised as weii 10 vacation term time and Judge SIT
ting at chambers shall have same powers and urs
dc'ion, including the power keeping and OF pun
shng any contempt OF his authority as when sitting
n court And the jurisdictiou hereby conferred shall
extend 10 all ontroyerses arising between
bankrupt and any creditor or creditors who shall claim
any deOt or demand under the ban to the cOec
tion OF all the assets OF bankrupt the collec.
tion all the assets OF the bankrupt; the ascertain
ment and liquidation Of the liens and specific claims
there TO the adjustment OF the various prorites and
conflicting interests Of all parties; to the marsnang
as to the rights OF all parties and due dis.
tributou OF the assets among all the creditors;
dnu anu. n,an al t' ACTS matters and things 20 Dc
until the hn1i distribution and settlement O. the
estate Of the bankrupt and the close the proceedings
10 Dankrupcy The SAID courts shall have full authority
to compel obedience TO ali orders aud passed by
them IN bankruptcy. by process OF couem and other
remedial process, to the extent that the circuit
conrs now have In any su pending therein in equity
said courts may SIT for the transaction OF business in
bankruptcy piace In district OF which place.
and the OF holding court, they shall nave given no.
tce as well as at the places designated by law for hold
| ing such courts.
SEQ. 2. AND be further enacted, That the seve
| raj circuit coarts Of the United States within
and for the districts whore the proceedings in
| bankruptcy shall be pending, shall have a gene
| raj snperiotendecce and jurisdiction q all cases
and questions arising under this act and except when
special provision Ia Otherwise mnde. may, upon BILL 20
ttion or other proper process any party aggreved
hear and determine the court OF equity. The
powers aud jurisdiction hereby granted NAV be exer.
csed either by said by any justice thereof in
term time or vacat a. Said circuit shsli also
have concurrent jurisdiction with the courts of
the same district Of all cults at law in equity which
may or shall be brought by the assisnee bankruptcy
against any person Claiming an adverse interest,
ing any property or rights Of property of
said bankrupt. transferable to or vested in
such assgnee but no suit At law in equity SHALL in
case be aintainable by against such assignee
or by against person claiming nieres
touching the property and rights OF property Aforesaid
in any court whatsoever, unless the same shall be
brought within two years from the time the Of
action accrued.
The ADMINISTRATION or THE LAW IN COURTS OF BANK
RUPrCY.
SEC 3. Ana be further enacted. That 1t shall be the
duty OF the judges Of tho circuits courts o. the
Uui;ed States within and for the several districts
TO appoin: in said districts in each circuit al
or before the time this act takes effect, one or
more re- ieters in bankruptcy to assist the Judge the
dsrict court IN tie performance OF his duties
act u case OF disagreement between the judges said
court as 10 such app innien.s, vacancy in
the office district Judge, the presiding judge cir
cut court shall determine the number to
be made aud make such appointments No person be
eligible TO sach tment unless he shall have
counsellor Of sad coat or OF the supreme cour. of tho
ing, or one who holds or who hss held the office OF
Judge OF State court. Before entering upon
the duties OF his office, every person appointed
a register in bankruptcy shail give bona to the
United States. with condition that be will faithfully dis
charge tho duties Of his office In less than ono
thousand doliars TO 90 fixed by said court surees
satisfactory TO SAID court. either ~ the justices
thereof shall In open court take ard subscribe
the OATH prescribed in the entitled An act to pre
scribe an oath OF office, and Tor other purposes )" ap
also that be VIII not during continuance in office be-
directly indirectly, interested 10 benefited by the
fees or emouments arising from suit pend
m Qulr Dtcvf IN thare dur
In his district.
SIC a. and ,e further enacted, That every register
power and it shall his duty TO make adjudication Of
bankruptcy TO receive the surrender any bankrupt
and preside at meetings OF creditors take proof OF
debts to make all OF dividends and orders
tfed of such ORDERS The Of crcd
tors aud assets aed 10 each case audit and pass ac
the last examination Of any bankrupt 10 cases
wherever the assignees and creditors do not
there such part Of ID. admin Sasness
Of the court and such uncoptosted shall be
judge shall In any particular manner direct; and he
shall also keep Of all n which be aha act
cases which docket shall kept In the Office OF tho
clerk OF the district court and shall form part the
register Of the court may act for other register
thereof; Provided, however, that nothing In this
section COZ tanned shan empower register to commit
question Of the allowance suspension of OF
DISCHARGE but n all matters where issue OF fact or
OF law IS raised and contested by any prty to tbs
ceednrs before bim, shall be his duty to cause the
question issue 10 be stated by the opposing parties ia
wrtug. ami he shall ad the court de-
cision by the udge. No register shat be Of or
attorney. either in Of court any suit mntter
pending in bankruptcy either the circuit or district
OF his district nor in appeal thercfrom: nor
shall he be executor administrator, guardian commits
sicner. appraiser divder or assignee OF or any
within the jurisdiction OF either or said
bankruptcy nor be Interested In the emolumes
arising from either oi said trusts. The salaries OF
raniet ball ha GxoA hu
o. the court shall exceed any case the
OF two thousand dollars per um, In addition
the necessary travelling and inc dental expenses, and
shall be paid the order OF their appointment out Of
the hereinafter required be paid cour ne OF
proceedings authorized by this act No greater amount
shall paid than shall be received for
fees, and there shall be surplus Of
paying the ssar,es such surplus shall be invested under
SEC. o. Ard oe IL further endctd. That the Judge
Of tho district court may direct register
for the purpose or bearing such voluntary
applications under this act may not be opposed
tending any meetog OF creditors or receiving any proofs
debis and generally, for the prosecution any bnuk
rupcy other proceedings under act and the travel
ling and Incidental expenses register and OF any
clerk or other officer attending him. incurred in SO act.
Ing sha be settled by said paid OF
sets Of the estate 10 rescct Of which such register has
acted; or there be no such assets. II the assets
shall be insufficient, then such expenses shall part
Of the 10 the in which register shall
have acted in such journey, TO be apporoped by the
judge and such reg ster, so acting shall have and
exercise s powers, except the power OF imminent,
animation OF persons witnesses, requiring
production Of books, papers and documents Provided
awsys That oil depositions Of persons and witnesses
taken before said register, and all by him,
sha be reduced TO writing and be signed BY him. and
shall be hIed in the clerks Office as part Of the proceed
ings. Such register shall be subject TO removal by
judges of the circuit all vacancies occurring
by snch removal or BY resignation change OF residence
death disability shall be promptly flied BY other nt
persons, said court shall deem the continuance OF
the.particular Office unnecessary.
SEC o. And le fuher eaactcd That any party shall,
during the proceedings be ore register be at liberty
to take to opinion Of the district Judge upon any point
ings or upon the result Of such proceedings, which
shs be stated by the register In the shape Of short
approve thereof and such csrtdoa,e signed, shall
be binding a the parties TO the proceeding but
sucb certificate may be discharged or varied by the
Judge at chambers or In open court any bankruptcy,
or 10 any other proceedings within The Jurisdiction OF the
court under this act che parties concerned or submit
ting to such Jurisdiction may al any stage OF the pro-