, 1867-06-14
LAWS OF THE UNITED STATES,
Passed at the Second Sesson of the Thirty
Ninth Congress.
1PUBLIc-No. OIL.

ruptcy throughout tue OplteO OtaLeS,
Be it enacted By the Senate and House of Repre-
seRtdhUes Of the United States Of America in Com
yress assembled That the several district courts
of the United States be, and they hereby are,
constituted courts of bankruptcy, and they shall
have original jurisdiction in their respective dis
tricts in all matters and proceedings in bank
ruptcy, and they are hereby authorized to hear
and adjudicate upon the same according to the
provisions Of this act The said courts shall be
always open for the transaction of business un-
der this act, and the powers and jurisdiction
hereby granted aud conferred shall be exercised
as we'll in vacation as in term time, and judge
sitting at chambers shall have the same powers
and jurisdiction, including the power of keeping
order and of Furnishing any contempt of his au'
thority, as when sitting in court. And the juris-
dicton hereby conferred shall extend to all
cases and controversies arising between the
bankrupt and any creditor or creditors who shall
claim any debt or demand under the bankruptcy;
TO the collection of ali the assets of the bank
rupt to the ascertainmeut and liquidation of
the liens and other specific claims thereon to
the adjustment of the various priorities and con-
ficting interests of all parties and to the mar
shalliDg and disposition of the different funds
and assets, 50 to secure the rights of all par
ties and due distribution of the assets among ell
the creditors and to all acts, matters and things
until the final distribution md settlement of the
estate of the bankrupt, and the close of the pro-
ceedings in bankruptcy. The said courts shall
have full authority to compel obedience to all
orders and DEGREES passed by them in bankrupt
cy, by process of contempt and other remedial
process the same extent that the circuit courts
now have in any suit pending therein in equity.
Said courts may sit for the transaction of busi-
ness in bankruptcy at any place in the district,
Il. vla Nla nFk kA1A
they shall have given notice, as well as at the
places designated by law for holding such courts.
Sec. 2. And be ii further enacted, That the sew
eral circuit courts of the United States, within
and for the districts where the proceedings in
bankruptcy shall be pending, shall have gems
eral superintendent and jurisdiction ofall cases
and questions arising under this act and, ex-
cept when special provision is otherwise made,
may, upon bill, petition, or other proper pro,
cess, of any party aggrieved, hear and determine
the case as court of equity. The powers and
jurisdiction hereby granted may be exercised
either by said court or by any justice thereof in
term time or vacation. Said circuit courts shall
also have concurrent jurisdiction with the diss
trict courts of the same district Of all suits at
law or in equity which may or shall Oe brought
by the assignee in bankruptcy against any perS
son claiming an adysrse interest, or by such
person against such assignee, touching any
property or rights of property of said bankrupt
transferable to or vested in such assignee but
no suit at law or in equity shall in any case be
maintainable by or against such assignee; or by
or against any person claiming an iverse inter.
est, 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 cause of action accrued, for or
against such assignee: ProUided, That nothing
herein contained shall revive a right of action
barred at the time such assignee is appointed.
OF THE ADMINISTRATIONS OF THE LAW IN COURTS OF
BANKRUPTCY.
Sec. 3. And be it further enacted. That it shall
be the duty of the judges of the district courts
of the United States, within and for the several
districts, to appoint in each Congressional dis
trict in said districts, upon the nomination and
recommendation of the Chief Justice of the Su-
7reme Court of the United States, one or more
registers in bankruptcy, to assist the judge of
the district court in the performance of his du.
ties under this act. No person shall be eligible
to such appointment unless he be a counsellor
of said court, or of some one of the courts OF
record of the State in which he resides Before
entering upon the duties of his office, every per.
son so appointed register in bankruptcy shall
give a bond to the United States, with condition
that he will faithfully discharge the duties of his
Office, in a sum not less than one thousand dol,
satisfactory to said court, or to either of the
idjustces thereof and he shall, in open court
take and subscribe the oath prescribed in the
act entitled "Au act to prescribe an oath OF
office, and for other purposes" approved July
second, eighteen hundre1 and sixty-two, and also
that he will not during his continuance in Office
be, directly or indirectly, interested in or bene
fitted by the fees or emolumenls arising from any
SUIT or matter pending in bankruptcy, in either
the district or circuit court il bis district.
Sec. 4. AHk be Il further enacted, That every
register IN bankruptcy, so appointed and quali>
fed, shall have power, and it shall be bis duty
to make adjudication of bankruptcy, to receive
the surrender Of any bankrupt, to administer
oaths in all proceedings before him, to hold and
preside at meetings or creditors to take proof of
debts, to make all computations or dividends
and all orders of distribution and to furnish the
assignee with certified copy of such orders
and of the schedules of creditors and assets filed
Ia each case, to audit and pass accounts of as
Sgnees, to grant protection, TO pass the last ex,
animation OF any bankrupt in cases whenever
the assignee or a creditor do not oppose, and to
sit In chambers and despatch there such part of
the administrative business Of the court and such
uacontested matters as shall be defined in gen,
neral rules and orders, or as the district judge
shall In any particular matter direct; and he
shall also make short memoranda of his proceed
ings in each case in which he shall act, 10 a
docket to be kept by him for that purpose, and
he shall forthwith, as the proceedings are taken,
forward TO the clerk Of the district court certi-
fed copy of said memoranda, which shall be en- :
tered BY said clerk in the proper minute book
to be kept in his office, an6 any register of the
court may act for any other register thereof:
PROVIDED, horeUer, That nothing in this section
contained shall empower a register to commit
for contempt, or to hear a disputed adjudication,
or any question Of the allowance or suspension
Of an order Of discharge but in all matters
where an issue Of fact or Of law is raised and
contested by any party to the proceedings before
him, 1t shall be bis duty 10 cause the question
or issue to be stated by the opposing parties in
writfsg5sSnd be shall adjourn the same into
court of@deesion by the Judge. No register
shall be of counsel or attorney, either in or out
oteourt, in any suit or matter pending in bank
~ruptey in either the circuit or district court of
his district, nor in an appeal therefrom nor
shall he be executor, administrator, guardian,
commissioner, appraiser, divider, or assignee Of
or upon any estate within the jurisdiction Of
either OF said courts of bankruptcy, nor be in
interested in the fees or emolumsnts arising from
either Of said trusts. The fees Of said registers,
as established by this act Aad by the general
rules aud orders required to be framed under it,
shall be paid to them by the parties for whom
tue services may be rendered in the course OF
proceedings authorized bv this act