Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1867-03-22
THE BANKRUPT BILL.

Ao6 oANhhUfT BILL.
The following is a full summary of the pro-
visions of the Bankrupt Bill, which has been
signed by the President and s now law:
l. The United States District Courts are
constituted Courts ofBankruptcy Judge
sitting in chambers having the same powers
as when sitting in court. Bankruptcy cases
may be heard in any place in each judicial
district, on due notice by the court of time
and place.
2. Tho United States Circuit Courts are
empowered to exercise general superintend-
ence and Jurisdiction in bankruptcy pro-
ceed'ngs, and may sit as courts of equity.
8. Registers in Bankruptcy to he ap-
pointed IN each Congressional district, bv
the District Judges, on the nomination of
the Chief Justice Of the Supreme Court.
No person TO be eligible rs register unless
he is counsellor of the United States Dis
trict Court or Court of Record in the
State in which he resides. His bond to
be not less than 81 900, and the oath taken
AS prescribed by the oath act of July Q
1862.
4. The registers are empowered 10 make
adjudica,ions of bankruptcy, to receive the
surrender of any bankrupt, to administer
oaths in all proceedings before him, to hold
and preside at meetings of creditors, to take
proof Of debts, to make all computations Of
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 in each case, to
audit and pass accounts Of assignees, to
grant protection, 10 pass the last examina-
tion of any bankrupt in cases whenever the
assignee or creditor do not oppose, and
to sit in chambers and despatch there such
part of the administrative business of the
court and such uncontested matters as
shall be defined in general rules and orders,
or as the District Judge shall in any par
ticular manner direct and he shall also
make short memoranda of his proceedings
IN each case in which be shall act, in
docket to he kept by him for that purpose,
aud he shall forthwith, as the PROCEEDINGS
are taken, forward 10 the Clerk of the Dis
trict Court certified copy Of said memo
randa Which shall be entered by said clerk
in the proper ninute-brok to lie kept in
bis office, and any register of the court
may act for any other register thereof.
Provided, however, That nothing in this
section contained shall empower register
TO commit for contempt, or to hear dis
pnted adjudication, or uny question of the
allowance or suspension OF an order of dis
charge; but in all matters where an issue
OF lact or OF law is raised or contested By
any party to the proceedings before him,
1t shall be his duty TO cause that question
or issue to be stated by tie opposing par
ties in writing, and be shall adjourn the
aame into court for decision by the judge.
No register shall be counsel or attorney
either in or out of court, in any suit or
matter pending in bankruptcy in either the
Circuit or District Court Of his district, or
IN an appeal therefrom; nor shall he be
executor, administrator, guardian, commits.
sioDer, appraiser, divider or assignee of or
upon any estate within the jurisdiction Of
either OF said courts of bankruptcy, nor be
interested in the fees or emoluments arising
from either of said trusts. The fees of said
registers, as established in 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 proceedings au-
thorized by this act.
S. The District Judge may direct reg
lister to attend at any place within the dis
trict. Registers are subject to removal by
the District Judges in each district.
8. During proceedings before a register,
the opinion of the Judge may be taken by
either party appearing on any point.
7. Parties and witnesses summoned be-
fore a register shall be bound to attend at
the place and time designated, and shall
be entitled 10 protection, and b. liable to
process of contempt; and all persons cor
suptly swearing or affirming falsely before
q register, shall be liable to all the penal
ties, punishments and consequences of per-
jury.
3. Appeals may be taken from the Dis
triet to the Circuit Courts in all cases in
equity. and writs Of error may be allowed
: to Circuit Courts from District Courts when
the debt or damages claimed amount to
more than $500; and any supposed credi-
tor, whose claim.js wholly or in part re-
jeoted, OR an assigaes who is dissatisfied
With the allowance Of a claim, may appeal
from the decision Of the District Court to
the Circuit Court for the same district.