The New York herald., 1864-12-15

otner busines p the court, within such reasonable
time az the interests OF the suors demand than
IL shall be lawful for the President and au
thcrty Is hereby granted 10 him, TO appoint aud
mission, by and with the advie and consent OF the
Sensie or more assistant district judges Who shall
sit In bankruptcy only aud the the bus
ness o thai court arising under the jurisdiction thereof
created by this act and assistant district judges
shall have all the powers OF the district Judge In ba k
ruptcy, and exercise all the jurisdiction conferred upon
said court By this act the sairies OF said assistant
judges snail 90 the same as the salary liked TOR the dis
trict judge by law, and shall be paid OF the Trea
sury OF the United States and all orders and DEGREES
mads and rendered by an assistant district judge In
ceedngs before him shall have tie effect
thorty as renderedsby the district udge and any Of
said assistant judges may hold district court in blnk
ruptcy or cit at chambers in proceedings under this
while the district judge acting 10 the capaoty
sac @ns Be- dssn.r snaesd Tna. wheneSs by
reason OF cases and proceedings under the jurisdiction
created by ths act the business OF the circuit court
10 any circuit shall have accumulated that the
business Of said court cannot be performed by the
judges thereof within such reasonable time as the in
terests OF sutors therein demand, and such fact
is made known to the President Of the United States
by the circuit judge and all the district judges OF said
hereby authorized by and with the advice and consent
OF the Senate TO appoint and commission assistant
circuit judge for said circuit and such assistant circuit
judge shall have all the powers and authority OF the
circuit Judge 10 hearing and determining arising
under the jurisdiction by this act and all orders
and DEGREES made and in said circuit while
said assistant judge may be sitting therein n cases.
shall have the effect and authority II the circuit
judge coucnrred thersn aud the circuit court in bank
ruptcy, held by said assistant circuit judge, with or
without the concurrence OF ary district Judge, shall be
always open. and may be held Notwithstanding the cir
cult Judge may be exercising the jurisdiction at
chambers during the regular terms OF said court No
person shall be eg BILE to said Office Of assistant district
been counsellor OF said court Of at least stand
ing or holds, has held the office OF Judge in Of tn
superior courts Of tho states within said circuit The
salary OF said assistant circuit judge shall be S5 900
annum and shall be paid out OF the treasury OF the United
States.
OF ArrEArs AND PRACTICE
SEC TO- And be ID fntbsr enacted. That appeals
be taken from the district the circui, In all
10 equity, and writs OF may be allowed
said circuit from said district courts In
law under the Jurisdiction created by this act when the
debt or damages claimed amount to moro than five hun
dred dollars; and any supposed creditor. whose claim Is
wholly or In part rejected, or an assignee who is dis
satisfied with the all vance OF claim may appeal from
the decision Of the district court to the circuit court for
the district but appeal shall be allowed In any
case from the district to the circuit court unless 1t is
claimed and notice given thereof TO the clerk of the dis
rict to be entered with the record OF the proceed
ngs and also to the assignee creditor the may
be, or TO the defeated rarty in equity within ten DAYS
after the decision appealed from Tho appeal shall be
entered at the term Of the circuit court which shall be
first held within and for district after the exp
ration OF ten days time OF claiming tho same
but il the appellant in writing valves his appeal before
the entry thereo proceedings may be had In the district
court as no appeal had been taken and no appeal shall
be allowed unless the appellant at the time Of claiming
the same shall give bond In manner now required by law
In cases Of such appeals Of error shall be allowed
unlsss the party claiming It shall comply with the statutes
regulating the granting of such writa
Sgc IL. And be ii ftith.r enacted That no appeal or
writ OF error shall be allowed IN any case from the circuit
courts to the Supreme Court OF the United states unless
the matter in dispute in such case shall exceed two thou
sand dollars or unless the circuit court before which
such shall be tried shall certify that the questions
at issue therein OF such that they deserve
consideration and decision by The court Of highest
SEC H. And te u furthsr enacted That the Supreme
Court shall designate OF their number who, with the
assistance OF vc commissioners to be appointed by said
justice SO designated and subject to the provisions
this act shall frame general orders the following pur.
prses-For regulating the practice and procedure 0f the
district courts in bankruptcy and the several forms q
NSnno nPdn nd inuQ IN la
said courts all matters under this act for regulating
the duties OF tho various officers OF said courts; for
regulating the fees payable and the charges and
coats to be allowed, except such as are es
tabIished by this act or by law, with respect
regulating the practice and procedure appeals
for regulating the fling, custody and inspection OF
records and generally for carrying the provisions Of this
30 framed they any OF them, may be re.cinded or
varied and other general orders may be framed n men
ner aforesaid; and all such general orders so framed
shall, from time TO tme whom approved by the justice
Of the Supreme Court designated be reported to Con-
greee with such suggestions said justice may prove.
The district judges shall be eligible TO act such
missioners.
VOLUNTARY RArxRuprcY-coxMxscxxxr oy PRocEzpsxGs
SSc lS And be It further enacted, That n any person
residing within the ursdctin or the United States.
owing debts provaele under This acs exceeding the
petition addressed 20 tho Judge OF the judicial dsti lot in
Which such debtor has resided carried business ov
the six months next immediately preceding the time OF
filing such petition, for the longest period during such
six months setting forth his pace Of residence his
surrender ali hia effects for tho benefit OF
his creditors and his doeire obtain the benefit OF
this act and shall annex TO hts petition schedule
fed by oath before the court. before register In
bankruptcy before of the OF the
true statement OF all debts, and az far possible to
whom due, with the place Of residence Of each creditor
so stated and the due to each creditor also the
ture OF each debt or demand, whether founded writ
ten security, Obligation contract or otherw and also
the true cause and consideration OF such indebtedness in
each case, aud the place where such Indebtedness
aocrued, r,ssso and s,, ss,temeus % Of any rSs.ug
other security gwen for the yment o; the
same and shall also his petition accurate
inventory verified iu ike manner o all his estate both
real and personal assignable under this act, describ
ing the same, and stating where II is situated, and
whether there are any. and II so, what encumbrances
thereon aud in like manner OF all the pr pery
be claims exemption from the operation OF this act de.
signaling the same ns such property tho filing OF such
petition shall be an act Of bankrupicy and such petit
touer shall be adudaed bankrupt. And the Judge OF
the district court II there be opposing party any
forthwith IL he be satisfied that the debts duo from the
petitioner exceed two hundred aud fifty dollars issue
warrant to be sgucd by such judge or register directed
to the marshal OF sad district or to OF bis deputies
or to some suitable person specially deput2ed Tor that
purpose authorizing him forthwith az messenger to take
possession OF all tho estate real ard personal cf
debtor except such may be by the laws Of the State
In whcbsuch judicial district is situated eyemptfrom
achment OF al his deeds books oaccounts ana pa.
pers. and keep the safely until the appointment
an ass2nce To publish notices In such newspapers the
warrant spec es send written or printed notice by mail
the deotors petition whose names be given to
addition by the debtor and TO give such personal
or other notice TO concerned the warrant
specifies; which notice shall stae:-First-Thar
rant has been issued against the estate OF the debtor
SccondThat the payment OF any debts and the delivery
OF any property belonging 10 such debtor him
bis usc and the transfer OF any property by him
forbidden by law. Thrd-rhat meeting OF the cred.
ors Of the debtor. TO prove their debts and choose
one or more assignees or his estate, will be
held at q court OF bankruptcy. 10 be holden at
and place designated in the warrant less than
ten more than ninety days after tho issuing Of the
same.
ASSIGNMENTS lesiGNrIs.
SIC H. And b. further en1cted That the messenger
SHALL soon may be- demand and receive from tie
debtor and other persons all the estate 10 his their
possession respectively, which herein ordered to be
assigned with all the deeds books OF account and papers
OF the debtor relating thereto and upon demand made
therefor the debtor shall forthwith deliver 10 the
senger such OF the estate and other things demanded
as is within this possession or power, and shall dis.
close tho situation OF such parts thereof In
tho possession OF any other person, as to enable
the messenger to demand and receive the AZ the
meeting held In OF She notice. the