Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-06-21
Rules in Banlxrsiptcx.

proceedings. in bankruptcy, have at last
been promulgated; few have as yet been
circulated for the use of the public, but in
a few days full supply can be found at all
the principal book stores. Il The sdelayin
their publication was caused by the very
imperfect manner in which they were re-
ported to the Court, requiring much time
and labor to correct and re-arrange the de-
tails.oo ~ .Nrrrt- e,f- O. brP su.rfnf,fe) {
The petition is required to be filed with
the Clerk of the District Court. who is re-
quired to indorse on the same the day and
the hour 1.-The day on which it is filed.
The other duties of the Clerk are similar
to the duties required to be performed in
other proceedings in Court. -'
ttoRULE q Provides that all process, sum-
mons, and subpoena, shall issue out of the
Court, tested by the Clerk with the seal of
the Court attached, and blanks may be fur
I-nished TO the Registers. tn N''. " +
RULE 8. Proceedings may be conducted
by the baDkruptin person. by attorney, or
by a ipetitioning Or opposing rcreditOr-a
creditor, however, is only permitted to rep
resent his individual interest 7'i 7i'oJ
RULE 4. Petitions in voluntary bankrupt
cy, when filed, are referred to such Regis--
ter as may be designated by the Court, and
when SO referred, the petitioner must fur
nish such Register with copies of all papers
filed in the case. The order of reference
names day in which the petitioner must
time he shall be subject to the orders
of the Court. and is entitled to have from
the Register protection against arrest.i
= RULE 5. The time when and the place
where the Register shall act upon the mat
tiers arising under the several cases referred
to him, shall be fixed by special order of the
Court, or by the Register acting under the
authority of a general order. t..,,
RULE 6. Registers are required to use
all reasonable dispatch in the discharge of
their duties, and shall not adjourn except
for good cause shown. Six hours shall
constitute days session, if business re-
quires.
RULE z. Relates to the examination and
filing of papers, SC. T'a : ID.
The foregoing synopsis contains the SUBJ
stance of the Rules, in the commencement
of the proceedings. AS the Rules will be
in general circulation in a few days, we
deem it unnecessary to attempt to give the
substance OF the remaining thirty Rules.
Rules 20, 30 and 81, relating to the fees of
officers and the security required Tor the
payment of the same are as follows:
The fees of the Register, Marshal and
Clerk, shall be paid or secured in all cases
before they shall be compelled to peform
the duties required of them by the parties
requiring such service; and in the case of
witnesses, their fees shall be rendered or
paid at the time of the service of the sum-
travelling expenses to and from the place at
| which they may be summoned to attend
| The Court may order the whole or such
portion of the fees and costs in each case,
to be paid out of the fund in Court in such
case, as shall seem just.
lss To the Clerk of the Court-For each notice
required to be sent by mail when signed by
the Clerk, ten cents; the postage to be pre-
| paid by the party required to give such
notice. L-f'T 1881 tHI 7F''a s
To the Clerk and Register-For every
copy of any paper in proceedings in Bank
ruptcy, twenty-five cents for certifying the
same, and in addition thereto ten cents for
each folio of 100 words. a. "..'-E
ed To the Register--FOr every order made,
where notice is required to be given, and
for certifying a copy of the same to the
Clerk, one dollar. "'''i tu' -' -'.- .H-
For every certificate of question to be
certified to the District Judge, under the
fourth and sixth sections of the act, one
| dollar.
For every proof of debt, twenty five
cents; and where testimony is taken, the
fees prescribed by law may be added. In
cases where the debtor has no means, and
makes proof to the satisfaction of the Court
that he is unable to pay the costs pre-
scribed by the act, and these orders, the
Judge in his discretion may direct that the
fees and costs therein shall not exceed the
sum required by the act TO be deposited
In cases of Involuntary Bankruptcy
where the debtor resists an adjudication.
and the Court after hearing, shall adjudge
the debtor bankrupt, the petitioning cred
itor shall recover, to be paid out of the fund
the same costs that are allowed by law to
party recovering in a suit in equity;
and in case the petition shall be dismissed,
the debtor may recover like costs from the
petitioner. . ,,--. -.- .....,,f -..-,,,,--
The following is the form of the Petition
and the oath to the sime required in cases
of voluntary bankruptcy: ,f-r7i.- ,enI
,l5.,s Hsa PETITION BY DEBTOR. as 9alJ
To the Honorable--. Judge of the Dis
trict Court of the United States, for the
The petition of --, of the -- of
~, in the county of -, and State of
-, = -, and District aforesaid, respectfully
represents: That he has--for- -
months, next Immediately preceding the
| filing of this petition, at ---, within said
Judicial District; that he owes debts ex-
! ceeding the amount of three hundred dol
full; that he is willing to surrender all his
estate and effects Tor the benefit of his
Creditors. and desires to obtain the benefit
of the Act entitled IAN Act to Establish a
Uniform System of Bankruptcy. through
out the United States" approved March 2,
1867:
That the Schedule hereto annexed. mark
ed A, and verified by Your Petitioners
Oath, contains full and true statement
of all his debts, and ESQ far as it is possible
to ascertain) the names and places of resi-
dence of his creditors, and such further
statements concerning said debts as are re-
quired by the provisions of said Act:
That the Schedule hereto annexed, mark
ed B, and verified by Your Petitioners
oath contains An accurate inventory OF all