Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-03-11
THE EVENING STAR.
LAWS OF THk L hTED STATES.
assoc al abe Second Session OF the Thir.
ty-ninth Cong ess. A I.l.-
TPUBLIc-No. OF

OI
rnp'cy throughout the United STATES
BE a. enacted by To Senate ami House 0f Repre-
SsH'aiiTes II Re E1.itsd States Of .im.ric IN Con-
sytst asstHtIed, THAT the several istrict courts
OF ne MED States De. and they hereby are,
constituted conrts OF bankruptcy, and they
snail nave original jurisdiction m their
specuve districts in all matters and proceed
lbgs N bankruptcy, and they are hereby au-
thOTlZed 70 hear and ad sdIcate upon the same
according TO me provisions Of this act The
said courts shall be always open for the trans
acton Of business under this act, and The 20 "
ers and Jurisdiction hereby granted ana con-
ferred shall be exercised as we'll in vacation as
N term time, and a judge sIttlng al chan bsrs
shan have the same powers and Jurisdiction,
including the power of keeping order ana OF
funishing any contempt OF his authority, as
when sitting IN court And the Jurisdiction
hereby conferred shall extend to all cases and
controversies arising between the bankrupt
and any creditor or creditors who shall claim
any debt or demand under the Bankruptcy: 20
the COLLECTION OF all the assets of tae ban krupt
20 The ascertainment and liquidation OF The
liens and Other specific claims thereon. to the
adjustment OF the various priorities and con-
1IctiBg interests of all parties; and 10 the mar
shalltnE az q disposition of the different funds
and assets 50 as 10 secure the rights OF ali par
ties and due distribHtiou OF the assets among
AL the creditors; and 70 all acts, matters, and
things 10 be done under and In virtue of the
bansFnptey, until the final distribution and
settlement of the estate of The bankrupt aud
the close OF the proceedings in bankru ptcy
The ssd courts shall have fnll authority 10
compel Obedience 70 all orders ana degrees
passed oy them in bankruptcy, by process of
contempt and other remedial process, to the
same extent that the circuit courts now have
il any suti pending therein IN equity. said
courts may sit for the transaction Of business
m bankruptcy AZ any place in the district, of
winch place and the time % holding court thew
shall have given notice, well As at the places
designated hy law for holding such courts
SIC. = And bs /: further enacted, That the
several circuit courts OF the United :: a,es
within and for he districts where the pro-
ceeGIngs IN bankruptcy shall be pending, shan
nave a general superintendent and iurisdic-
tIon Of all cases and questions arising under
this act, and except when special provision
Is Other wise made, may, upon blIi. petition or
other proper process, OF any party aygrievea
near and determine the case as court of
equity The powers and Jurisdiction hereby
gTautEd may be exercised either nv sand court
or by any justice thereorin term time or yaca-
ton S1'd circuit courts shall also have con-
current Irrfs0i ction with the district courts OF
me same district of all suits at law or in euut.
~ which may or shall be brought by the as
signee IN bankruptcy against any person
son aga lst such assignee, touching any pro-
perry OF rights o! property of sIid bankrupt
transferable 10 or vested IN such assignee: bat
no sun AZ law or II equity shall IN any .se
be mainiaInaole by or against such assignee
or by or against any person claiming AN ad-
verse interest, touching the property and
1lehIs ofproperty Aforesaid. IN any court what
sOever. unless the same shall be brought with
In two years from the time the cause of ac,ion
accrued, for or against such assignee: Pror,ded,
That nothing herein contained shall revive "A
right of action barred a. the time such "a
signee - appointed.
" TIE ApMlNIsTRATIoN OF THE LAW IN
COURTS OF BANKRUPTCY.
Sc ,. Ana be az further enacted. That II shall
be the duty of the judges of the district courts
of the United States, within and for the sew
eral districts, 10 appoint in each Congressional
district IN SAID districts, upon the nomination
and recommendation of the Chief Justice of
the Supreme Court of the United States one or
more registers in bankruptcy, to assist the
Judge OF the district court in the performances
OF his dnties under his act. No person snail
be eilglele 10 such appointment unless he b. a
counsellor of said court or OF some one OF the
courts of record OF the state in which he re-
sIdes- Before entering upon the duties of his
office, every person so appointed q register in
bankruptcy shall give bond to the United
States, with condition that he will faithfully
discharge the duties OF his Office a sum not
less than one thousand collars, to be fixed by
saId court, with sure.ies satisfactory 10 said
court or 10 either OF the said justices thereof:
and be shall. IN open court, take and subscribe
the oath prescribed in the act entitled IAN act
10 prescribe an oath Of office. and for other
purposes" approved July second, eighteen
hundred and sIxty-two, and also tina he will
not during his continuance in office be. directly
or Indirectly, interested IN or benefited by the
ices OF emOluments arising from any suit or
matter pending III bankruptcy, in either the
GlSt-lct OF ere ut court IN his district.
SIC I. Ind BE- Il further enacted, That every
register IN bankruptcy. so appointed and uaIi-
fed, shall have power, and II shall be his duty
10 ma e adjudication of bankruptcy, 10 re-
CfiNe the surrender OF any bankrupt, to adj
minister oa;hs in ell proceedings before him, 10
hold and preside AT meetings OF creditors 10
take proof OF debts, 10 make all compu atoms
OF dividends, and ali orders OF Distribution.
and 70 furnish the assignee with q certified
copy OF such orders, and of the schedules OF
creditors and assets filed in each case, TO audit
and pass accounts OF assgneeS, TO grant pro-
lection. TO pass the last examination OF any
bankrupt IL cases whenever the assignee or a
creditor do not oppose. and 10 sit in Chambers
and despatch there such part of the admins
trative business of The court and su en- uncoa-
Ies,ed matters as shall be defined in general
rules and orders, or a. the district Judge shall
IN any particular matter direct: and he shall
also make short memoranda of his proceedings
IN each case IN which he shall act, in a docket
20 be Kept by him for that purpose, and he
shall forthwith. as the proceedings are taken
forward 10 the clerk of the district court a GER
tihed copy of ssid memoranda, which shall be
entered by said clerk in the proper minute
oook TO be Kept in his Office and any register
of The court may act for any other register
thereoi; Prorided, ho1cerer. That nothing In this
section contained shall empower register 10
commit for contempt, or 10 hear a disputed ad-
lUdIcation, or any question OF the allowance
or suspension OF An order of disc barge; but in
all matters where an issue of fact or of law is
raised and contested by any party to the pro-
ceecings before him. n shall be his duty 10
cause Inc question or issue TO be stated by the
opposing parties in writing, and he shall ad :.
1ouTn the same into court for decision by the
Inose. No register shall be of counsel or at
tCcney, either In or out Of court, in any suit or
matter pending in bankruptcy in either the
circuit or district court OF his district. nor in
an appeal therefrom; nor shall he be executor
n
pIaiser, oINIder, OF assignee of or upon any e.
tate within the jurisdiction of either OF said
courts OF bankruptcy, nor be Interested In IN =
lees or enOlaments arising from either OF SAID
trusts The ices OF said registers, as estab-
iish"d by This act. and by the genera rules aud
CId.Is required tc be framed under il, shall be
pais 70 mem by the parties for " hon the ser.
wees NAV be rendered in the course OF proceed.
IDes authorized by this act.
SIC. D. And be At further enacted That the
luCEe OF the district court NAV direct a regis
h. dI.F rtct
Tor The prrpo-e of hearing such voluntary
applications under this act as may NOT pe on
posed Of attending any meeting OF creditors
or receiving any proof of debts, and generally
Tor me prosecution Of any bankruptcy or thsr
rfCcredlngs under this act and the travelling
and Incidental expenses OF such register, and
OF aIy CLERK or other officer attending him.
incurred IN 40 acting shall be set rledl by said
court IN accordance with the rules pre- sertbed
under n" tenth sscriou OF this act. ard paid
out OF the assets OF the estate in respect OF
which such register has so acted: or II there
ne hO such SS-ris, or If the assets snail be- in :.
sufficient, then such expenses shall form a
n re aNE~z -