Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-03-20

uments arising from either of said trusts.
The fees oe said registers as established by
this Act, and by the general rules and orders
required to be framed under it, shall be paid
to them BY the parties for whom the services
may be rendered in the course of proceed
ings authorized by this Act.
SEC. 5. And be it further enacted, That
the Judge of the District Court may direct a
register to attend at any place within the
district for the purpose of hearing such vol
untary applications under this Act as may
not be opposed, Of attending any meeting of
creditors, or receiving any proofs of debts,
and, generally, for the prosecution of any
bankruptcy or other proceedings under this
Act ;and the travelling and incidental expenses
of such register, and of any clerk or other
officer attending him, incurred in SO acting,
shall be settled by said court in accordance
with the rules prescribed under the tenth sec
ton of this Act, and paid out Of the assets Of
the estate in respect OF which such register
has SO acted; or if there be no such assets,
or if the assets shall be insufficient, then such
expenses shall form part of the costs in the
case or cases in which the register shall have
acted in such journey, to be apporIioned by
the Judge. aud such register. so acting, shall
have and exercise all powers, except the power
Of commitment, vested in the District Court
for the summoning and examination of per-
sons or witnesses, and for requiring the pro
duction Of books, papers aud documents; (;
Provided always, That all dep1sitions of per
sons ard witnesses taken before said register,
and all acts done by him, shall be reduced 10
oc.r, Nv Shall
filed in the clerks office as part of the pro-
ceedings. Such register STALL be snbject to
removal by the Judge Of the District Court,
aud all vacancies occurring by such removal,
or by resignation, change of residence, cath
or disability, shall be promptly filled by her
ct persons, unless said court shall deem the
continuance c. the particular Office unneces
Sary.
SEC. 6. And be it further enacted, That
any party shall, during the proceedings be-
fore q register, be at liberty t. take the opip
ion of the District Judge upon any point or
matter arising in the course Of such proceed
inrs, 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 il he approve thereof;
and such certificate 50 signed, shall he bind
ing on all the parties to the proceedings; bit
every such certificate may be discharged CT
varied by the judge at chambers or in open
court. In any bankruptcy, or in any other
proceedings within the jurisdiction of the
court, under this Act, the parties concerned,
or submitting t. such jurisdiction, may al
any stage of the proceedings, by Consent,
state any question Or questions in Special
case Cor tic opinion cl the court, and the
Judgment OF the cur; shall he final. unless i,
b. agreed and stated in such special case
.h.i tithcr party NAV appeal, il, in such case,
An appeal is allowed Ivy this Act. The par
eies may also, If they ,hiai; fit, agree i!la;
upon the question or qleS;ionS raise. hy such
special ease being finally decided, & sum OF
money. tixei 10y the parties, or 20 be aScer-
,;,inef lv the court, or in S,lah r.annci rs
tho cn,Itt mar tlirec-, ,ver any properly, or tne
amount Of ANY disputed deb; or claim, shall
be paid, delivered or transferred jy one OF
sIch parties To the other Of tbcni, either with
or witkou, casts.
SEC. I. Ard be it further en'cted. That
oar:ies and witnesses summoned before
register slal ba b2urd TO attend in pursuance
Of such summons at the place and time des-
irra,el thcreia and shall! be ent;icd 10 pro-
lection, and be liable TO process Of contempt
in like manner Is parties ard witnesses arc
now liable thereto in case OF default In atten
dance under any wri. OF subpoena, and al
persons willfuily and cOrrnpt!y swearing CT
affirming falsely before a register shall be
liable to all the penalties, puniSlinentS ana
consequences Of perjury. Ii any person cx-
amined before register shall refuse or decline
to answer, or 10 swear to or sign his eNamlna-
ton when takeuth4 register shall refer the mat
ter to the judge, who shall have power 20 order
the person 50 acting to pay the costs thereby
occasioned, il such person be compe!iabie by
law to answer such question or to sign such
examination, and such person shall also be
liable to he punished for contempt.
OF APPEALS AND PRACTICE.
SEC S. And lie it further enacted, That
appeals may be taken from the District to the
Circuit Courts in all cases in equity, and
wri,s of error may be allowed 10 said Circuit
Courts from said District Courts in cases at
law under the jurisdiction created by this
Ac, when Inc debt or damages claimed amount
to more than $500, and any supposed credi
tor, whose Claim is wholly or in part rejected,
or an assignee who is dissatisfied with the
allowance OF u claim, may appeal from the
decision Of the District Court to the Circuit
Court for the same district; but no appeal
shall be allowed in any case from the District
to the Circuit Court unless it is claimed. and
notice given thereof to the Clerk Of the Dis
,rict Court, to be entered with the record Of
the proceedings, and also to the assignee or
creditor. as the case may be, or to ibe defeat
ej p.rty in equity, within ten days after the
eatry of the decree or decision appealed
from. The appeal shall be eutered ut the
term OF the Circuit Court which shall be frs;
held within and for the district next after the
expiration OF ten days from the time Of claim.
ing the same. But if the appellant, in wri-
ting, valves his appeal bsfore any decision
thereon, proccedin IS may be had IN the Dis
trio. Court as il no appeal Lad been taken,
and no appeal Shall be alowcd unless the ap-
pelant, at tue time OF Ginning the .me,
Shall give bond in manner now required by
law in cases of such appeals No writ of
error shall be allowed unless the party claim
ing it sha! co;aply With the statutes regula-
ting the granting of such writS.
SEC. o. And be it further enacted, That in
cases arising under this Act no appeabor writ
OF error shall be allowed in any case from the
Circuit Courts to the Supreme Courts of Inc
United States, unless the matter in dispute in
such case stall exceed s. 600.
SEC TO- And be it further enacted, Tha,
the justice Of the Supreme Court ot the Uni
ted Safes. subject to the provisions of this
Act, shall frame general orders for the follow.
ing purposes:
For regulating the practice and procedure
of the District Courts in bankruptcy, and the
several forms OF petitions, Orders and other