Buchanan County bulletin and guardian. (Independence, Iowa) 1866-1869, 1867-07-05

The rules established by the su-
preme court Of the United States reg
I'ating the proceedings in bankruptcy.
have At last been promulgated; few
have as yet been circulated for the
use Of the public, bnt IN few days =
full supply can BE found at all the
principal book stores. The delay ID
their publication was caused by the
very imperfect manner IN which they
were reported t. the court, requiring
much time and labor to correct and
re-arrange the details.
The petition is required to be fled
with the clerk of the district ccart,
who is required to indorse on the same
the day and the bour of the day on
which il is filed. The other duties of
the clerk are similar to tie duties re-
quircd to be performed 10 other pro-
ceedirgs 10 court.
EuLE, g. Provides that : process
summons. and subpoena, shall be issued
out Of the court, tested by the clerk
with the seal of the court attached,
and blanks may be furnished to the
registers.
Rule 8. Proceedings may be con-
Quoted by the bankrupt in person. BY
attorney, or by a petitioning or op-
posing crcditor-a creditor, however.
Is only permitted to represent his in
diyidual interests.
RULE 4. Petitions in voluntary bank
ruptcy, when fled, are referred to such
register as may be designated BY the
court, and when so referred, the peti
toner must furnish register with cop
les Of all papers iIcd in the case. The
order Of reference names . day in
which the petitioner must appear be-
fore the register, and from that time
he shall be subject TO the orders fthe
court, and is entitled to have from the
register protection against arrest.
RULE 5. The time when and the
place where the register shall act upon
the matters 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.
RULE 6. Registers are required to
use all reasonable dispatch 10 the dis
charge Of their duties, and shall not
adjourn except tor good cause shown.
Six hours shall constitute a days ses.
sion. it business requires.
Rule Z. Relates to the examina alton
and filing Of papers. &c.
The foregoing synopsis contains the
substance Of the rules, in the COM
mencement ofthe proceedings AZ the
rules will be in general circulation In
few DAYS. NC deem it unnecessary
70 attempt to give the substance OF the
remaining thirty rules.
Rules a9, 80 and 81, relating to the
fees Of officers and the security re-
quired for 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 compell-
ed to perform the duties required of
them by the parties requiring such
"~'F*NN attti sti NsACI Va NIhlicSstS, tlltII
fees shall be rendered or paid st the
time of service of the summons or
subpoena; and shall include their ,rav-
cling expef ses to and from the place
at which ey may be summoned TO
attend. The court may order the
whole or sach 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.
To the clerk ofthe court-For each
notice required to be sent BY mail
when signed by the clerk. ten cents !;
the postage to be prepaid by the par
~ required to give such notice.
To the clerk of the register-For
every copy Of any paper in proceed
ines in bankruptcy. ;uentv-fye cents
for certifying the same. and in addition
thereto ten cents for each folio Of 100
words.
To the register-For every order
made where notice is required to DC
given, and. and for certifying copy
Of the same 10 the clerk, one dollar.
For every certificate Of question to
be certified to the district judge, un-
der the fourth and sixth sections of
the act, one dollar.
For every proof of .lebt, twenty-five
cents and where testimony is taken.
the fees prescribed by law may be ad
ded. In cases where the debtor has
no means. and makes procf to the sat-
istac,ion of the court that he is unable
to pay the costs prescribed by the
act, and these orders, the Judge, in his
discretion, may direct that the fees
a..i costs therein shall not exceed the
sum required by the act to be deposi-
ted With the clerk.
ln cases of involuntary bankruptcy,
where the debtor resists an adjudica-
ton and the court after hearing. shall
adiudge the debtor \ bankrupt. the
peiitioning creditor shall recover, TO
be paid ont of the fund the same costs
tha. are allowed By law TO . party re-
covering in suit in equity; and in
case the petition shall be dismissed,
the debtor may recover like costs from
the petitioner.
The following is the form Of the
petition and the oath to the same re-
qaired in eases ofvoluntary bankrupt
cy:
PETITION DY DEBTOR.
To the Honorable--, Judge OF the
district court Of the United States,
for the district Of: