The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1867-03-29
THE BANKRUPT BILL.

been signed by the President, and is now
law;
|. The United States District Courts ore con-
stituted Courts Of Bankruptcy Judge sitting In
chambers having the same powers as when sitting
in court. Bankruptcy cases may he heard in any
place in each judicial district ON due notice by the
court OF time and place,
2. The United States Circuit Courts arc cmpow-
cred to exercise general superintendence and uris
dietion in bankruptcy proceedings, and may sit as
courts uf equity.
3. Registers in Bankruptcy 10 be appointed In
each Congressional district, by the district Judges
ON the nomination Of the Chief Justice of the
! Supreme Court No person to be eligible as reg
lister unless he is counsellor OF the United States
District 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 2, 1862.
4. the registers are empowered 10 make Ndju-
dicatons of bankruptcy, tc receive the surrender
Of any bankrupt, TO administer oRths in all pro-
ccedings before him, tO hold and preside at meet
ings of creditors, to take proof debts, to make all
eomputationso Of dividends and all orders of dis
tribution, and to furnish the assignee with GER
tilted copy of such orders, and Of the schedules of
creditors and assets filed in each case TO audit
and pass accounts Of assgnces, to grant protection
| to pass the last examination of any bankrupt In
| cases whenever the assignee or r creditor do not
oppose aud to sit in chambers and dispatch there
such part OF the administrative business Of the
Court and such uncuutcstcd matters Os shall be
defined in general rules and orders or as the Dis
trict Judges shall In any particular manner direct
and he shall also mako short memoranda OF his
| proceedings IN each case in which he shall act, m
| u docket kept by him for that purpose, and lie
shall forthwith, MS the proceedings are taken, fur.
| ward H. the Clerk of the District Court a certified
copy Of said memoranda, which shall be entered
by said clerk in the proper mnute-hOo to be kept
| in his Office, and any Register Of the Court may
! act for any other register thereof Prov ided,
| however, that nothing in this section contained
| oh all "A ~ tn fnr MI
or to hear disputed adjudication, or any question
of the allowance or suspension OF an order of dis
| charge, but in all matters where an issue of fact
or of law is raised or contested by any party to
the proceedings before him, il shall be his duty to
| cause that question or issue to be stated by the
opposing parties in writing, and he shall adjourn
the same into court for decision by the judge. No
register shall be Of counsel attorney either in or
out ot court in any suit or matter pending in bank
| ruptcy in either the Circuit or District Court nj
his district, or in an appeal thereirom nor shall
he be executor, administrator, guardian, commits
| sioner, appraiser divider or assignee of or upon
any estate within the jurisdiction Of either of said
courts of bankruptcy, be interested in the fees
or emoluments arising from either of said trusts.
The fees of 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 proceedings authorized by this
act.
8. Tho district Judge may direct register 10
| attend AT any nuOUc plNCc Wnhln inc ulst lCt.
Registers are subject &c removal by the district
judges in each district.
| 9. During proceedings before register, the
opinion of the judge may be taken by either par
ties appearing on any point.
Z. Parties and witnesses summoned before n
register sLall be bound to attend at the place and
time designated, and shall be entitled to protection
and be liable to process of contempt and all per-
sons corruptly swearing affirming falsely before
register shall be liable to all the penalties, puu-
| ishmCuts and cunsPounCrs of Derirry.
| 8. Appeals may be taken from tho District to the
Circuit Courts in all cases of equity, and writs OF
error may be allowed in Circuit Courts from Dis
trict Courts when the debt or damages claimed,
amount to more than $500; and any supposed
creditor, whose claim is in part rejected or an as
signce who is dissatisfied with the allowance Of II
claim, may appeal from the decision of the Dis
Iict Court 10 the Circuit Court for the same Dis
trlct. The appeal shall be entered at the term OF
the Circuit Court which shall be first held within
and for the district next after the expiration of ten
days from the time of claim. But If the appel
liant in writing valves his appeal before any de-
cison thereon, proceedings may be had in the Dis
trict Court If no appeal had been taken and nc
appeal shall be allowed unless the appellant Al
the time of claiming the same shall give bond in
manner now required by law in cases of such
appeals. No writ of error shall be allowed unless
the party claiming it shall comply with the stat
ues regulating the granting of such wris.
o. No appeal or writ OF error from circuit courts
to the United States supreme Court shall be al
TO- General orders and regulations are to be es
tablished by the Justices of the Supreme Court &
carry the law into effect.
II. Persons owing provablc debts exceeding
$500 may apply for relief under the law, by pc
titionng the district Judge in the district in which
said debtor has lived or carried On business for th'
preceding six months or for the largest perioC
during said six months. The petition must Sc
forth the debtors place Of residence, his inability
to pay all his debts in full, lis willingness 10 sur
render all his estate and effects for the benefit o
his creditors, and his desire to obtain the bench
of this act, and schedule must be annexed yeri
fed by oath before the Court, or before Regste
in bankruptcy, or before one ot the commissioner
of the Circuit Court of the United States, contain
, ing full and true statement of all his debts am
as far as possible, to whom due, with the place q
residence Of each creditor, if known to the debtor
and ifnOt known, the fact TO be so stated, and th
sum due to each creditors also, the nature of en- cl
debt or demand, whether founded on written sc
curity, obligation, contract or otherwise, and ais
the true cause and consideration of such indebted
ness in each case, and the place where such in
debtedness accrued, and statement Of any exist
ing mortgage, pledge, lien, judgment or colatera
or other security given for the payment OF tn
same and shall also annex to his petition an nc
eurate inventory verified in like manner, Cf all hi
estate, both real and personal, assignabe under
this act pescribing the same, and stating where
is situated, and whether there are any, and il so
what incumberances thereon the filing of such pc
titon shall be an act of bankruptcy, and such pc
~
That all citizens of the United States pehtioning
be declared ba lkrupt shah, on filing such petition
aud before any proceedings thereon, take and sub
scribe an oath of allegiance and fidelity to tn
United States, which oath shall be filed and re
corded with the proceedings in bankruptcy. An
the Judge Of the District Court, or f there be NJ
opposing party, any register of said court, TO D
designated by the Judge, shall forthwith, If he b
satisfied that the debts due from the petitioner ex
ceed $500, issue warrant, to be signed by sucl
judge or register, directed to the marshal OF SAT-
disrie', authorizing him forthwith, as messenger
TO publish notices in such newspapers as the war
rant specifies To serve written or printed notice
by mail or personally, on all creditors upon th
schedule fled with the debtors petition, or who's
names be given to him, in addition, by the debtor
and u give such personal or other notice to an
persons concerned as the warrant specifies, whicl
notice shall state;
First-Thal warrant in bankruptcy has beel
issued against the estate OF the debtor.
Second That the payment Of any debts and IN
delivery Of any properly belonging to such debto
10 him or for his use, and the transfer Of any prop
erty by him, are forbidden by law.
Taird-That meeting OF tho creditors OF th
debtor giving the names, residences, and amounts
so far as known to prove their debts and ehoos
one or more assignees Of bis estate, will be held
the Court Of Bankruptcy, to he holden at tint
and place designated In the warrant, not less tbal
ten nor more than ninety days after the Issuing 0
the same. ..
~. If the debtor dies after the issuing Of th
warrant, the proceedings may be continued an'
concluded in like manner as If he had lived.
49, The creditors, af the first meeting in pres
ence of register, shall choose one OF more assig
nees of the estate of the debtor, the choice 10 b
made by the greater part in value and in numbe
| of the creditors who have proved their debts.
no choice be made by the creditors, the judge, q
il there be no opposing interest the register shal