Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-03-22

assets or if the assets shall be insufficient then
| such expenses shall form part OF the costs i'll
the case or cases in which the register shall have
acted in such journey, to be appOrtiOned by the
Judge; and such register, acting, shall have
and exercise all powers, except the power of COM
mltment, vested III the District Court for the sum-
mOning and examination of persons or witnesses,
and for requiring the production of books, pa
pers, and documents PrOrided QtlcayS, That all
dispositions OF persons and witnesses taken be-
fore SAID register, and all acts done by him, shall
| be reduced to writing and be signed by him, and
shall be filed in the Clerks office as part of the
proceedings. Such register shall be subject to re-
moval by the Judge of the District Court, and all
vacancies occurring by such removal, or by resig-
nation, change of residence, death, or disability,
shall be promptly filled by other fit persons unless
said court shall deem the continuance Of the par
| ticular office unnecessary.
! SECTION 6. Ard be ii further enacted, That any
party shall, during the proceedings before a reg
ister be at liberty to take the opinion Of the Dis
| trIct Judge upon any point matter arising in
| the course OF such proceedings, or upon the re-
suit OF such proceedings which shall be stated by
the register i'll the shape Of short certificate to
the Judge, who shall sign the same If he approve
thereof; and such certificate, signed, shall be
binding on all the parties to the proceeding but
every such certificate may be discharged or varied
| by the Judge at chambers, or in open court. IN
any bankruptcy, OF in any other proceedings with
in the jurisdiction of the court under this act the
parties concerned, submitting to such jurisdic-
ton, may at any stage of the proceedings by con-
sent, state any question or questions in special
case for the opinion of the court and the julg
ment OF the court shall be final unless it be agreed
and stated in such special case that either party
may appeal If. III such case, an appeal IS allowed
! by this act. The parties may also, If they think
lit, agree that, upon the question questions
raised by such special Case being finally decided,
sum Of money, fixed by the parties, Or to be as
certalned by the court, or IN such manner as the
court may direct or amy property, or the amount
of any disputed debt or claim, shall be paid, de-
lWered, Or transferred by one Of such parties to
the other Of them either with or without costs.
SECTION Z. Ind be a FURTHER e3tGcted That par
ties and witnesses summoned before register
shall be bound To attend III pursuance OF such
summons at the place and time designated there
in and shall be entitled to protection, and be liza
bic to process Of contempt in like manner as par
ties and witnesses are now liable thereto in case
of default in attendance under any writ Of sub
pu'na; and all persons wiilfulIy and cOrruptly
swearing affirming falsely before register shall
be liable to all the penalties, punishments and
consequences of perjury. II any person exam
med before a register shall refuse or decline TO
answer, or to to or sign his examination
when taken, the register shall refer the matter TO
the Judge, WHO shall have power to order the per-
acting, to pay the costs thereby occasonedf
such person be compellabe by law to answer such
question or to sign such examination, and such
person shall also be liable to be punished for con-
tempt.
OF APPEALS AND PRACTICE.
SECTION g. Ind he 1t further enGcted, That APP
peaIs may be taken from the District to the Cir
cult Courts in all cases in equity and writs of error
may be allowed to said Circuit Courts from said
District Courts in cases at law under the jurisdic
lion created by tins act, when the debt or damages
posed creditor whose claim Is wholly or In part re-
jectcd, or assignee who is dissatisfied with the
allowance Of a claim, may appeal from the decis-
OF the District Court to the Circuit Court for
the same district but no appeal shall be allowed
in any from the District to the Circuit Court
unless it is claimed, and notice given thereof to
the Clerk of the District Court to be entered with
the record Of the proceedings and also to the
signee or creditor, as the case may be, or to the
defeated party III equity, within ten days after the
| entry OF the decree or decision appealed FROM
OF
Circuit Court which shall be first held within and
for the district next after the expiration OF ten
days from the time of claiming the same. But if
the appellant, III writing valves his appeal before
any decision thereon, proceedings may be had III
the District Court as il no appeal had been taken,
and no appeal shall be allowed unless the appel
liant at the time OF claiming the same shall give
bond i'll manner now required by law IN cases Of
such appeals. No writ of error shall be allowed
unless the party claiming 1t shall comply with the
/ statutes regulating the granting Of such writs.
SECTION 8 Alld be it further enacted, That in
cases arising under this act no appeal or writ Of
error shall be allowed in any case from the Cir
cult Courts to the Supreme Court of the United
States, unless the matter III dispute III such case
shall exceed 81, 600.
SECTION TO- And be It further enacted That the
Justices of the Supreme Court Of the United
States subject to the provisions Of this act shall
frame general orders for the following purposes
For regulating the practice and procedure of
eral forms OF petitions orders, and other proceed
ings to be used in said courts i'll all matters under
| this act;
For regulating the duties Of the various officers
of said courts:
For regulating the fees payable, and the charges
and costs to be allowed, except such az are cstab-
IShed by this act by law with respect to all pro-
ceedings in bankruptcy before said courts not eX-
ceedlng, the rate OF fees allowed by law for
similar services in other proceedings;
For regulating the practice and procedure upon
appeals;
For regulating the filing, custody, and inspeo-
ton Of records;
AID +l,n OF
act into effect
After such general orders have been so framed,
they, or any of them, may be rcscinded or varied,
and other general orders may be framed III manner
aforesaid, and all such general orders so framed
shall, from time to time, be reported to Congress,
with such suggestions as said justices may think
proper.
VOLUNTARY BANKRUPTCY ACCOMPLISHMENT CT
PROCEEDINGS.
SECTION II. -i3td he Il 'tEey' enacted, That if
any person residing within the jurisdiction Of the
United states owing debts prOYabIe under tins act
exceeding the amount Of $500 shall apply by pcu-
ton, addressed 20 the Judge of the Judicial Dis
trict il 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 sixmOnths setting
forth his place OF residence, his inability TO pay
al his debts III full his willingness to surrender
ali his estate and effects for the benefit OF his
creditors and his desire to obtain the benefit of
this act, and shall annex to his petitions sched-
ule verified By oath before the court or before
register III bankruptcy, or before one OF In6 COL
missioners Of the Circuit Court Of the United
States, containing full and true statement of all
his 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 known, the fact
to be stated and the sum due to such creditor;
also the nature of each debt Or demand, whether
founded written security, obligation, contract,
or otherwise, and also the true cause and cOnsid
Grafton Of such Indebtedness in each case, and
the place where such Indebtedness accrued, and a
statement OF any existing mortgage, pledge, lien,
Judgment collateral or other security given for
| the payment of the same and shall also annex
to his petition accurate inventory, verified in
like manner, or all his estate, both real and per-
| sonal, asslgnable under this act, describing the
same, and stating where it is 81 -uated, and wheth-
| er there are any, and if what, membranes
thereon, the filing Of such petition shall be an
of bankruptcy, and such petitioner shall be adj
judged bankrupt. Preceded, That all citizens
of the United States petitioning to be declared
bankrupt shall, filing such clifton, and be-
fore any proceedings thereon, take and subscribe
an oath of allegiance and fidelity to the United
States, which oath shall be filed and recorded
with the proceedings in bankruptcy. And the
Judge of the District Court, or if there be OPP
posing party, any register, OF said court, to pc
designated by the Judge, shall forthwith, If he be
satisfied that the debts due from the petitioner