Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-03-27

iNptSN VI OtICI Wis dCt =
and the travelling and incidental expenses of
such register. and of any clerk or other Of
fccr attending him, incurred in SO acting.
shall be settled by said court in accordance
with the rules prescribed under the tenth
section of this act. and paid out of the assets
of the estate i'll respect of which such regis
ter has acted; if there be no such as
sets or if the assets shall be insufficient then
such expenses shall form a part of the costs
in the case or cases in which the register
shall have acted III such journey, to be ap-
portiOned by the Judge; and such register,
so 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 for
requiring the production of books, papers.
and documents: Proridcd al,cayS, That all
depositions of persons and witnesses taken
before said register. and all acts done by him,
shall be reduced TO writing and be signed by
him, and shall he filed in the clerks Office az
part of the proceedings Such register shall
be subject to removal by the Judge of the
I circuit district court. and all vacancies oc-
curing bv such removal, or by resignation
change of residence. death or disability. shall
be promptly filled 10y other fit persons. unless
said court shall deem the continuance of the
particular Office unnecessary.
SEC. u ANA Oe N TNTtHST CTlUCfcU, nat dnY
party shall, during the proceedings before a
register, be at liberty 10 take the opinion of
the district Judge upon any point or matter
arising in the course Of such proceedings. or
upon the result of such proceedings, which
shall be stated by the register in the shape of
short certificate To the Judge, who shall
sign the same, if he approve thereof: and
such certificate. 50 signed. shall be binding
on all the parties to the proceeding: but
every such certificate may be discharged or
varied bv the Judge at chambers or in open
court In anv bankruptcy. or in any other
proceedings within the jurisdiction of the
court under this act. the parties concerned,
or submitting to such jurisdiction. may at
anv stage of the proceedings. by consent, state
any question or questions in a special case
for the opinion of the court and the iudg-
ment of the court shall be final, unless ii be
agreed and stated in such special case that
either party NAV appeal. if. in such case, an
appeal is allowed by this act The parties
may also. if they think tit, agree, that upon
the question or questions raised by such
special case being finally decided. a sum OF
money. fixed by the parties, or to be ascer-
tanned by the court. or in such manner az
the court may direct. or any property. or the
amount of any disputed debt or claim, shall
be paid, delivered, or transferred by one OF
such parties TO the other of them. either with
or without costs.
SEC. !. And be II further enacted, That par
ties and witnesses summoned before a regis
ter shall be bound To attend in pursuance o.
such summons ut the place and time dcsig
mated therein. and shall he entitled TO pro
lection, and be liable to process of contemp
in like manner as parties and witnesses arc
now liable thereto in case of default in at
rapIanc.a rrrdnr -rir al blfpn9
all persons wilfuilv and corruptlv swearing
or affirming falsely before a register shall b
liable to all the penalties, punishments, anC
consequences of perjury. If any person. ex
amined before a register. shall refuse or de
cline to answer. or To swear to or sign IN
examination when taken, the register shall
refer the matter to the Judge. who shall hav
power 10 order the person 80 acting TO pa
the costs thereby occasioned, if such persoI
he compellable by law IL answer such ques
ton. or 10 sign such examination. and sucl
person shall also be liable to be punished 70
contempt
OF APPEALS AHD PRACTICE.
SEC. ;. ind BE- It tJoftcr e1acted, That al
peals may be taken from the district 10 tn
circuit courts in all cases III equity, and writ
Of error may he allowed t. said circuit court
from said district courts III cases at law un
der the jurisdiction created by this act whel
the debt OF damages claimed amount to NOR
than FIVE hundred dollars and any suppose
creditor. whose claim is wholly or in part re
ected. or an assignee who is dissatisfied wit
the allowance OF claim. may appeal fror
the decision Of the district court To the eli
cult court for the same district but 10 AZ
peal shall be allowed in any from til
district to the circuit court unless it i claim
ed. and notice given thereof to the clerk
the district court. u be entered with HI
record of the proceedings. and also 10 the Il;
signee or creditor, as the case may be, or I
the defeated party III equity within ten day
after the entry of the decree or decision AZ
pealed from The appeal shall be entered Z
the term of the circuit court which shall :
first held within and for the district next 4
ter the expiration of ten days from the tim
Of claiming the same But if the appcllaG
in writing valves his appeal before any Dc
cision thereon. proceedings may be had
the district court if no appeal had bee
taken, and no appeal shall be allowed unles
the appellant at the time of claiming tt
same shall give bond i'll manner now require
by law in cases of such appeals. No writ
error shall be allowed unless the party claim
ing it shall comply with the statutes rcSul'
ting the granting of such writs.
SEC .. ind Lc 1t FURTHER enacfcd. That
cases arising under this act 10 appeal or WI
of error shall be allowed in any from Il
circuit courts to the Supreme Court of Il
United States unless the matter in dispute
such case shall exceed two thousand dollars
SEC TO- And bc IT further enacted. That Il
Justices of the Supreme Court of the Unit
States subject to the provisions of this a
shall frame general orders for the followir
F purposes
For regulating the practice and procedu
of the district courts in bankruptcy, and Il
several forms Of petitions, orders, and 9th
proceedings to be used in said courts in
matters under this act
; For regulating the duties of the various
6 ficers of said courts;
For regulating the fees payable. and t
charges and costs to be allowed, except su
as are established by this act or by law, wi
respect to all proceedings III bankruptcy |
7 fore said courts. not exceeding the rate
fees now allowed by law for similar service
! other proceedings
For regulating the practice and procedu
upon appeals
! For regulating the filing, custody, and
spection Of records;
And generally for carrying the provisio
of this act into effect.
After such general orders shall have be
so framed. they, or any of them, may be
: scinded or varied, and other general ord'
= = NAV be framed i'll manner aforesaid. and
such general orders so framed shall from III
6 to time, be reported to Congress, with su
:. suggestions as said justices may think prop
II VOLUNTARY BANKRUPTCY--CoMaENc
o PROCEEDINGS
;, SEC IL. And be it FURTHER e7tacted, That
T any person residing within the iurisdicti
e of the United States. owing debts prova
II under this act exceeding the amount of TIN
: hundred dollars, shall apply by petition, I