The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-04-18
Off. .ial.

orders, or as the district j. dge shall IN any par
| ticuar matter direct; anu ne snail also iiahc
short memoranda of nis pro eedings IN each case
| in which he shall act in ockeI 10 De kept ny
| him for that purpose. and h Shall 1ortnWitl, Us
the proceedings are taken TO ward TO the clerk OF
the district court a certified 'ppy OF SAID memo
randa, which shall be entered oy saa clerh III inc
proper minute book to be kept III his ounce, ana
any register of tho court may act 10r any otner
register thereof Pro0ided, ho.ceoer, That nothing
| in this section contained shall empower regis
ter to commit tor contempt, or TO near oispu-
ted adjudication, or any questlOn Oh INC alitM
ance or susuension OF an order of discharge; but
in all matters where issue of fact or OF law Is
raised and contested by any party TO the pro
ceedings before him, it shall be his duty 10
cause the question or issue 10 DC stated oy tiie
opposing parties in writing, and he shall au-
i0urn the same into court for decision by the
iudge. No register shall be of counsel or attor-
new either in or out of court, IN any suit or mat
ter pending in bankruptcy in either the circuit
! or district court OF his district, nor IN an a[-
peal therefrom; nor shall he be executor, ad-
| ministrator guardian, commissioner, appraiser,
divider, or assignee of or upon any estate with
in the jurisdiction of either of said courts of
bankruptcy nor be interested in the fees or
emolumcnts arising from either OF said trusts
The fees of said registers as established by this
act and by the general rules and orders requlr-
ed to be framed under it, shall be paid to them by
! the parties for whom the service may be render
cd in the course OF proceedings authorized 10y
this act:
SEC. j. ana Oclt TU!IHeF elftcIed, the
Of the district courts may direct register to at
tend at any place within the district for the pur-
pose of hearing such voluntary applications un-
der this act us may not be opposed, OF attending
any meeting OF creditors, or receiving any proof
! of debts, and generally, for the prosecution OF
any bankruptcy, other proceedings under
this act; and tie travelling and incidental eX-
pcnses of such register, and of any clerk or other
officer attending him, incurred i'll so acting, shall
be set[tlcdl by said court in accordance with the
rLles prescribed under the tenth section OF this
act, and paid out of the assets of the estate in
Respect OF which such register Las so acted; OF
if there be no such assets, or II the assets
shall be insufficient, then such expenses shall
form a part of the costs in the case or cases III
which the register shall have acted in such jour
nev, to be apportiOncd by the Judge, ana sucn
register acting shall have and exercise all
powers, except the power of commitment, vested
in the district court for the summoning and eX
| animation of persons or witnesses, and tor
! quiring the production of books, papers and doc
uInents {: POritI,d, dl~dyS, That all dispositions
! OF persons and witnesses taken before said reg
lister, and all acts done by him. shall be reduced
| to writing, and be signed by him, and shall be
filed i'll the clerks office as part OF the proceed
! ings. Such register shall be subject to removal
| by the judge of the district court, and all vacan
| cleS occurring by such removal or by resignation,
change of residence, death or disability shall be
promptly filled by other tit persons, unless SAID
| court shall deem the continuance of the particu-
! lar office unnecessary
| SEC &. And be it tuytlter euacted That any par
! ty SHALL during the proceedings before a regis
ter be at liberty to take the opinion of the dis
trict Judge upon any point or matter arising in
| the course OF such proceedings, which shall be
stated by the register in the shape of L short
certifcatee to the juuge, who shall sign the same
| if he approve thereof; and such certificate, so
signed, shall be binding on all the parties to the
proceeding; but every such certificate may be
discharged varied by the Judge at chambers
| or in any other proceedings within the juriSdic-
tUn of the court, under this act, the parties con-
| cerned, submitting to such Jurisdiction, may
at any stage of the proceedings, by consent, state
| any question or questions in special case for
| the opinion of the court, and the Judgment of
the court shall be final, unless 1t be agreed and
stated in such special that either party may
appeal, if in such case, appeal is allowed by
this act. The parties may also, If they think iii,
agree, that upon the question questions raised
by such special case being finally decided, sum
OF money, fixed by the parties, or to be aScer-
! tanned by the court, or in such manner the
court may direct or any property, orthe amount
| of any disputed debt or claim, shall be paid de-
livered or transferred by one Of such parties to
the other of them either with or without costs.
! SEC. Z. A5od be 1t tWrther enacted That parties
and witnesses summoned before register shall
! be bound to attend in pursuance of such sum
mons al the place and time designated therein,
and shall be entitled to protection, and be liable
/ to process of contempt in like manner parties
AMI witnesses are now liable thereto i'll of
default in attendance under any writ of fsubpena
and all persons wi!ltully corruptly swearing
or affirming falsely before register shall be i
qucnces of perjury. If any person examined |
before register shall refuse decline to an |
swer, or to swear to or sign his examination when |
taken, the register shall refer the matter TO the
Judge, who Shall have power to order the person |
so acting to pay the costs thereby occasioned if |
such person be compelable by law to answer such |
question or to sign such examination and such |
person shall also be liable to be punished for
tempt.
OF APPEALS AND PRACTICE
SEC s. 1n1 he it further e,,ortoJ That opnoolc
may be taken from the district to the circuit |
courts in all cases in equity, and writs of
may be allowed to said circuit courts from said
district courts in cases at law under the urisdc-
tion created by tiiS act when the debt or DANA
gcs claimed amount to more than five hundred dol
lars, ana any supposed creditor, whose claim is
wholly or in part rejected, assignee who
is dissatisfied with the allowance of claim, may
appeal from the decision of the district court to
tue circuit court from the same district; but no
appeal shall be allowed in any case from the dis
tflct TO the circuit court unless it is claimed, and
notice given thereof to the clerk of the district
court, 10 be entered with the record of the pro-
ceedlngs, and also to the assignee or creditor, as
the case may be- or to the defeated party in equi-
ty, within ten days after the entry of the decree
or decision appealed from. The appeal shall be
entered at the term of the circuit court which
shall be first held within and for the district next
after the expiration of ten days from the time of
ciaming the same. But if the appellant in wri-
ting valves his appeal before any decision there
on, proceedings may be had in the district court
Us IL no appeal nad been taken; and no appeal
shall be allowed unless the appellant at the time
OF claiming the same shall give bond in manIncrl
now required by law in cases of such appcals.-
No writ OF error shall be allowed unless the par
y claiming it shall comply wieS> the statutes reg
ulltlng the granting of such writs.
SEC. and be 1t further enneted, That in cases
arising under this act no appeal or writ of error
snail be allowed in any from the circuit
courts to the Supreme Court of the United Stutes
unless the matter in dispute in such case shall
exceed two thousand dollars.
SEC 10. Amd6eI further enacted, That the JUS
uces OF the Supreme Court OF the United States,
SUBJECT to the provisions of this act shall frame
general orders for the following purposes;
For regulating the practice and procedure of
the district courts in bankruptcy, and the seve-
raj forms of petitions, orders and other proceed
lnSs TO be used in said courts ia all matters un-
der this act
For regulating the duties of the various officers
OF said courts
For regulating the fees payable and the char
ges and costs to be allowed, except such as are
established by this act or by law with respect to
all proceedings in bankruptcy before said courts,
not exceeding the rate of fees now allowed by
law Tor similar services in other proceedings
For regulating the practice and procedure upon
appeals;
For regulating the filing, custody. and ipspec
ton of records;
A! And generally for carrying the provisions of
TINS act into effect.
faa1 alter such general orders shall have been so