Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-03-21


said district courts in cases 90 law under the
jurisdiction created by this &C; when the debt or
3 damages claimed amount TO more than i've
/ hundred dollars, and any supposed creditor,
whose claim is wholly or in part rejected, or On
assignee who is dissatisfied with the allowance of
I a claim, may appeal from the decision Of the
| district court to the circuit court from the same
I district; but no appeal shall be allowed in any
case from the district to the Circuit court unless
il Is claimed. and notice given thereof to the
clerk of the district court 10 be entered with the
record fthe proceedings. and Oto the assignee
OF creditor. as the NAY be- or to the defeated
party IN equity, within zen days after th3 eatry
/ Of the decree or decision appealed from. The
appeal shall be entered at the term Of tn e 1It
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 IL the
! appellant in writing valves his appeal before
/ any decision thereon. proceedings nay be had
! in the district court as il ms aFpeai hals been
! taken and no appeal shall be allowed uAless
| the appellant at the time of claiming the same
/ shall give bond in man neri now required by law
in case of such appeals, No writ Of error shall
be allowed unless the party claiming II shall
1 comply with the Statutes Fsxalaiing thegTaatlng
! ut sufh IA
Eases arising under this aet no aefell OF xrit 81
| error shall be allowed ia any case from the
! circuit courts TO the Supreme Court Of the
Il United States, unless the matter Ia dispute in
/ such case shall exceed two thousand dollars.
Sec. 10. And be it further enacted, That the
1 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
| the district courts in bankruptcy, and the seve
raj forms Of petitions, orders. and other pro-
ceedings to be used in said courts in all matters
! under this act
For regulating the duties of the various Off
| GERS of said courts:
For regulating the fees paya bic and the charges
and costs te be allowed. except such as are es-
tRblished by this act or by law, with respect to
oil proceedings in bankruptcy before said courts,
| not exceeding the rate of fees now allowed by
Law for similar services in other proceedings;
For regulating the practice and procedure up
on appeals;
For regulating the filing, custody, and inspec-
tiOn of records;
And generally for carrying the provisions of
this act into effect
After such general orders shall have been so
framed, they or any of them may be rescinded
| or varied, and other general orders may be
framed IN 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 NEUTRALITY-SUSPICIOUS. OF
| PROCEEDINGS.
Sec IL. And be it further enacted. That if
any person residing within the jurisdiction of
the United States, owing debs proyable under
this act exceeding the amount of three hundred
dollars. shall arply by petition addressed to the
judge of the Judicial district in 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 six months, setting forth his
| place of residence, his inability to pay all his
debts in full his willingness to surrender all 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 petition n schedule,
verified by oath before the court or before
register in bankruptcy, or before one of the COM
mssioners 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 Ofresidence of each creditor
if known to the debtor. and if not known the
fact to be so stated, and the sum due to each
creditor; also, the nature of each debt or de-
| mand, whether founded on written security
| obligation, contract or otherwise, and also the
true cause and consideration of such indebted
| ness in each case, and the place where such in
| deqtedness accrued. and a statement of any ex-
isting mortgage, pledge, lien, judgment. or col
lateral or other security given for the payment
| ofthe same and shall also annex to his petition
an accurate inventory. verified in like manner, of
| all his estate both real and personal assignable
under this act, describing the same and stating
where it is situated. and whether there are any
and if so, what incumberances thereon, the filing
| of such petition shall be an act of bankruptcy
and such petitioner shall be Adjudged a bank
rapt Provided. That all citizens Of the United
! States petitioning to be declared bankrupt SHALL
on filing such petition, and before any proceed
| ngs 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, II there be no opposing
| party, any register of said court to be desig-
| mated BY the judge, shall forthwith, if he be
| satisfied that the debts due from the petitioner
| exceed three hundred dollars issue a warrant
to be signed by such judge or register, directed
to the marshal of said district authorizing him
| forthwith, as messenger, to publish notices in
such newspapers as the warrant speclhes; to
| serve written or printed notice, by mail or per
| sonally, on all creditors upon the schedule filed
with the debtors petition, or whose names may
T be given to him IN addition by the debtor and
to give such personal or other notice to any per
sons concerned as the warrant specifies, which
notice shall state:
First That a warrant in bankruptcy has been
| issued against the estate of the debtor.
| Second. That the payment of any debts and
the delivery of any property belonging to such
debtor to him or for his use, and the transfer OF
| any property by him, are forbidden by law.
Third. That q meeting of the creditors of the
debtor. giving the names, residences, and
amounts. so far as known, to prove their debts
| and choose one or more assignees of his estate.
will be held at q court Of bankruptcy, to be hold
| en- at a time and place designated in the war
| rant not less than ten nor more than ninety
4 days after the issuing OF the same.
OF ASSIGNMENTS AND AssIGEEEs.
Sec. IL. And be it further enacted. That at the
meeting held in pursuance OF the notice, one OF
the registers of the court shall preside, and the
messenger shall make return of the warrant and
of his dOings thereon; and if it appears that the
notice 10 the creditors has not been given as re-
| auired in the warrant, the meeting shall forth
with be adjourned and q new notice given as
| required. Ifthe debtor dies after the issuing OF
the warrant the proceedings may be continued
| and concluded in like manner as II be had lived.
Sec. l3. And be it further enacted. That the
creditors shall at the first meeting held after
| due notice from the messenger, in presence OF a
| register designated by the court. choose one or
more assignees of the estate OF the debtor: the
choice to be made by the greater part IN value yalos
| their debts. If no choice Is made by the cred
itors at said meeting. the judge or If there be no
opposing interest. the register, shal appoint one
| or more assgnees If an assignee, 80 chosen or
appointed fails within FIVE days to express in
writing his acceptance of the trust, the Judge or
register may ill the vacancy. All elections or
ap ppOintments of assgnees shall be sub ect TO the
approval of the judge and when in his iudg-
| nent ii is for any cause needtul or expedient'
he may appoint additional assignees, or order a
new election. The judge at any time may. and
| upOn the request in writing of any creditor who
has proved bis claim. shall require the assignee
To give good and sufficient bond to the United
States with a condition for the faithful perform
ance and discharge of his duties; the bond shall
be approved BY the judge or register by his en-
, dorsement thereon, shall be filed with the
record Of the case and inure to the benefit OF all
creditors proving their claims and may be
| prosecuted in the name and for the benent OF
any injured party. If the assignee fails to give
, | the bond within such time as the Judge orders,
| not exceeding ten days after notice to him OF
| such order the judge shall remove him and ap-
| point smother in his place.
/ Sec IA. And be il further enacted, That as
soon as said assignee is appointed and qualified.
the judge or where there Is no opposing inter-
, est the register. shall, by an instrument under
his hand, assign and convey to the assignee all
the estate real and personal, Of the bankrupt,
, With all his deeds, books. and papers relating
thereto and such assignment shall relate back
, | to the commencement Of said proceedings in
, | bankruptcy, and theTeup0n, by operation OF
| law, the title to all such property and estate
both real and personal shall vest IN said assignee
| although the same is then attached on mesne
| process as the property of the debtor and shall
| dissolve any such attachm ent made within fOui
| months next preceding the commencement OF
, | said proceedings: Provided however. Thai
! | there shall be excepted from the operation
; | Of the provisions of this section the neces.
! | sary household and kitchen furniture, and
such other articles and neeeasarles of such bank
rupt as the said assignee shall designate and sci
| apart. having reference in the amount To tbs
| family, condition, and circumstances Of tht
| bankrupt, but altogether not TO exceed in value
. in any case, the sum OF hve hundred dollars
? | and also the wearing apparel OF such bankrupt
: | and that Of his wife and children, and the uni
Z | form, arms, and equipments of any person whG
Is or has been q soldier in the militia or in tht
: | property as now is hereafter shall be ex
4 execution By the laws Of the United States, anS
\ | such other property not included in the fore
, | going exceptions as IS exempted from levy ans
Z | sale upon execution or other process order o.
Z | any court By the laws Of the State IN which th
= bankrupt has his dOuicile at the time Of tn
= commencement Of the proceedings IN bankrn pt
a | cy 20 an amount not exceeding that allowed b,
= such State exemption laws IN force in the yea
: I eighteen hundred aud sixty -four: Provided
> / That the foregoing exception shall operate as
: limitation upon the convey Ence Of the property
: ] Of the bankrupt 20 his assignees; and in no cas-
% | shall the property hereby accepted pass TO th