Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-03-11

= u
may also, If they think a., agreed. IN al dp,n
the question OF questions raised BY such spe-
cisl case beng hhaliy decided, ,ssum Of mo.
by The CONT, or In such manner as tue court
may ciIeef, or any propFrty. or tha amount
of any disputed debt or claim, shall be paid,
del Sered or transferred by one OF snch parties
80 the other OF them either with or without
costs. .t. .se. E..rs8 j
SEC :. And be q further enGct.d. Tbst parties
ana witnesses summoned before A register
shall bs bound 20 attend in pursuance of such
summons At the place and tim" designated
therein, and shall be. entitled TO protection,
and be liable 10 process OF contempt N ike
manner as parties and witnesses are now
liable thereto IN case of default in attendance
under any writ of subpoena. and ali persons
wilfully and corrupfly swearing or affirming
falsely before register shall be liable to ali
the Del alties, penishments, and conseq uences
of perjury. Ii any person examined before a
register shall refuse or decline To ans wer, or
TO swear 10 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 10 pay the costs thereby
oscasIoned, II such person be compellable by
law To answer such question or to sign such
examination, and such person shall also be
liable 10 be punished for contempt. .-.i
oN APPEALs AND PRACTICE
SEC. = And be a. further enacted, That ap-
peaIs may be taken from the distric, TO the
circuit courts in all cases ia eq and writs of
error may be allowed 10 said circuit courts from
said district courts in cases at law under the
jurisdiction created by this act W ben the debt
or damages claimed amount TO more than n We
hundred dollars, and any supposed creditor.
whose claim is wholly or in part reiec ted or
an assignee who is dissatisfied with tile allow
ance of claim. may appeal from the decision
OF the district court TO the circuit courr from
the same district: but no appeal shall be AL
lowed IN any case from the district to the cir
cunt court unless II Is claim ed nd mott &c given
thereof 10 the clerk OF the district court, to be-
entered with the record OF the proceedings
and also 70 the assignee or creditors as tina
case may be, or 10 the defeated party in go u,ty
" thin Ten days after the entry of the decree or
entered AT the term of the cIrcult court winch
shalt be first held within aud for the district
next after the expiration of ten days from the
Tune OF claiming the same. But If the appel
laDtln writing valves his appeal before any
decision thereon, proceedings may be had in
the district court as If no appeal had been
taken: and no appeal shall be allowed unless
The dppe liant AT the Time of claiming the same
shall give bond in manInerl now required by
Law in cases OF such appeals. No writ of error
snail be allowed unit SIS the party claiming L
shan comply with the statutes re ulating the
granting OF such writs.
SEC. 3 And be it further enacted, That in
cases arising under his act 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 thousand dollars
SEC. TO- And be IL further enacted, Tha, the
J Justices of the Supreme Court of the United
shall frame general orders for the follow wing
purposes: .--.-
E0rreg ulating the practice and procedure of
the districts courts In bankruptcy, and the
several forms of petitions, orders, aud other
proceedings TO be used in said courts in all
matters under this act;
For regulating the duties Of the various OIL
GERS OF said courts;
For regulating the fees payable and the
charges and costs to be allo wed, except such AZ
are established by this act or by law, with re.
spect 10 all proceedings in bankruptcy before
said courts, not exceeding the rate of fees ov
allowed by law for similar services in other
proceedings.
For regulating the practice and procedure
upon appeals
For regulating The filing, custody, and IN
spection of records;
And generally for carrying the provisions
ofthis act into effect.
After such general orders shall have been so
framed Trey or any OF them may be rescinded
or varied, and other general orders NAV be
framed an manner aforesaid; and all such gem
eral orders SO framed shall from time TO time
be reported 10 Congress, with sGch sukpes-
tons as said justices may think proper.
VOLUNTARY OBSERVATION-DISCLOSURES
OF PROCEEDINGS.
SIC. H. And be AZ further enacted. That if
any person residing within the jurisdiction of
the United states, owing debts provable un-
der this act exceeding the amount of three
hundred dollars. shall apply by petition ad.
dressed TO The Judge of the judicial district in
which such debtor has resided or carried ON
business for the six months next immediately
preceding the time OF filing such petition. or
for the longest period during such SIX months
settlng forth his place Of residence his ina
billy 10 pay ali his debts in full his willing
ness 70 surrender all his estate and effects for
the benefit of his creditors and his desire 10
ob'aIn the benefit of this act, and shall annex
10 his petition schedule, verified by GA, h be-
fore the court or before a register in bang
ruptcy. or before of the commission
eTs OF The CIrcuIt Court Of tue United S,ites
m - a fnl q rrna
debts, and, as far as possible. TO whom due
with The place of residence of each creditor
II known TO the debtor, and if not kno gn the
Iact 10 be so stated, and the sum dine TO each
creditor; also, the nature OF each debt or de.
mand, whether founded on written security
obligation. contract or Otherwise and also the
Iue cause ard consideration OF such indie pted-
mess In each case, and the place where such
Indebtedness accrued, and statement OF any
existing mortgage, pledge. lien, Judgment or
collateral or other security given for the pay
ment OF the same; and snail also annex to his
petition an accurate inventory, verified In like
manner, of all his estate, both real and per.
sODal, assignabie under this act, describing the
same and stating where il is situated, and
Wnetner there are any, and IL so, what incum
ORANGES thereon, the filing OF such petition
shall be an act of bankruptcy, and such ne
utioner SHAH be adjudged a bankrupt: Prori-
des, That All citizens of the United States ne
utioning TO be declared bankrupt shall. on
filing such petition, and before any proc red.
lpes thereon. take and subsc be an oath of al.
FsIdnce anu HGeHty 10 the nited States which
oath shall be filed and recorded with the pro-
cetdings in bankruptcy. And the Judge OF the
strlctCourt, or, IL there be no opposing party
any register Of said court, to be designated ky
the Judge, shall forth with If be tina,
the debts due from the petitioner sx coed three
hundred dollars issue warrant to be signed
by such Judge or register, directed to the mar.
shai OF said district. authorizing him forth
win, as messenger, 10 publish notices in su oh
newspapers as the warrant specific to serve
written or printed notice. BY mail or person
ally, ON all creditors upon the schedule filed
with The debtors petition, or whose names NAV
be- gwen 10 him in addition by the debtor. and
10 give such personal or other notice TO any
persons concerned as The warrant specifies.
which netice shall state:
flrst That a warrant in bankruptcy has
been issued against the estate of the ebtor
Second. That the payment of any debts and
the delivery OF any property beloug inc to su g d
Debtor 10 him or for his use. and the trans fe '
OF any property by him are forbidden by law
Third That meeting of the creditors OF
the debtor, giving the names, residences and
amounts, so Tar AS known, 10 prove their debts
ana choose one or more ass ienees of his es Ia "a
VIII be hello at a court OF bankruptcy. 10 he
bolden az time and place designated IN the
wuIrsbt, not less than ten nor more than nine.
" days after the issuing or the same - -
ITO BR Continued
1-Judge Dnval, of Texas, has decided tina
nngL rr.ll