The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-03-09


The blood clost round her heart felt glued
Too tight for all expressin',
TIL mother see how matters stood,
And GIN 'em both her biessn'.
Then back her red came like the tide
Down to the Bay O. Fundy,
An all know is they was cried
In meeting come mex Sunday.
THE BANKRUPT BILL.
SUMMARY OF ITS PROVISIONS
THE BILL SIGNED BY THE PRESIDENT.
The following is full summary Of the proyi-
sions of the Bankrupt Bill, which has been signed
by the President and is now law
1. The United States District Courts are const:-
tuted Courts Of Bankruptcy; q judge Sitting in
chambers having the same powers as when sitting
id court Bankruptcy cases may be hearn m u: any IN,
place in each Judicial district, on due notlce by the
court of time and place.
3. The United States Circuit Courts are empow-
cred to exercise general superintendent and Jur1s
dction in bankruptcy proceedings anu may slt as
5. Registers in Bankruptcy to be appointed in
each Congressi onal District by the district
on the nomination of the Chief Justice OF the Su-
preme Court. No person to be eligible as register
trict Court or q Court of Record in the State in
which he resides. His bond to be not less than
$1,000 and the oath taken as prescribed by the oath
act Of July 2, 1862. ,,.
cations of Bankruptcy, to receive the surrender OF
any bankrupt to administer oaths in all proceed
ings before him, to hold and preside ut meetings
of creditors, to take proof of debts, to make all
computations Of dividends and all orders OF dlstrl,
bnton. and to furnish the assignee with certified
COPY OF such orders, and Of the schedules OF cred
itors and assets edn each case, to audit anu pass
accounts Of asHgnees, to grant protection, to pass
rhe last examination OF any bankrupt IN cases
whenever the assignee or creditor DO not oppose,
and to sit in chambers and dispatch there such
part of the administrative business Of the Court
and such uncontested matters as shall be defined
in general rules and orders, or as the DISTRICT
Judge shall III any particular manner drect; ano
he shall also make short memoranda OF his pro-
ceedings in each case in which he shall act,
in a docket to be kept by him for that pur-
pose, and he shall forthwith, as the proceed
ings are taken, forward to the Clerk OF the
da. which .shall be entered by said clerk in the
proper rninuts-book to be kept in his Office, and
any Register of the Court may act for any OTTER
register thereof: Provided, however, That nothing
to commit for contempt, or to hear disputed
adjudication, or any question Of the allowance or
suspension Of an order Of discharge; but in I'll
matters where issue Of fact or OF law is raised
or contested by any party to the proceedings be-
tion or issue TO be stated by the opposing parties
in writing, and he shall adjourn Che same into
court for decision by the jndge No register shall
be Of counsel attorney either In or out OF court
in any SUIT or matter pending in bankruptcy in
either the Circuit District Court Of his district,
or in an appeal therefrom; nor shall he be execu-
tor, administrator, guardian, commissioner, ap-
praiser divider or assignee OF or upon any estate
within the jurisdictca OF either Of said courts OF
bo;p fod inf tho foaa nrn0l11-
nents arising from either Of said trusts. The fees
ofsaid registers, as established by this act, and by
the general rules and orders required to be framed
under il. shall be paid to them by the parties tor
whom tbs services may be rendered In the cour se
Of ofproceedinls authorized by this act.
s.. The district judge may direct register to at
tend at any place within the district Registers
are subject to removal by the dist.i,t judges in
each district.
s. During proceedings before q register, the
opinion Of the judge may be taken by either party
appearing on any point.
Il. Psrhes and Witnesses summoned before reg
lister shall he bound to attend at the place and
time designsted, and shall be entitled to protec.
ton, and be liable to process Of contempt; and all
persons coruptly swearing or affirming falsely be-
FORE register, shall be iaple to all the penalties,
punishments and consequences Of perjury.
g. Appeals may be taken from the District to
the Circuit Courts in all cases In equity, and writs
of error may be- allowed to Circuit Courts from
District Courts when the debt or damages claimed
amount to more than $500; and any supposed
creditor whose claim is wholly or in part rejected,
or sn assignee who is dissatisfied with the allow.
ance OF claim, may appeal from the decision OF
same district. 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 ex-
pirstion Of ten days from the time Of claim. But
Il the appellant, in writing, valves his appeal be-
fore any deoision thereon, proceedings may be Lad
kI~eT %ot HrrYysf ~ M h0H IAN
taken, and no appeal shall be allowed unless the
appellant, at the time Of claiming the same shall
give bond III manner now required by law in cases
Of such appeals. No writ OF error shall be allow
the statutes regulating the granting Of such writs
8. No appeal or writ Of error from circuit courts
TO the United States Supreme Court shall be allow
ed in cases less than $4,000.
10. General orders and regulations are to be es-
tablished by the Justices Of the Supreme Court to
carry the Law into effect.
II. Persons owing provable debts exceeding $500
may apply for relief under this law, by petitoning
the district judge in the district in which said dsbt-
or has lived or carried on business for the preced
said ax months. This petition must set forth the
debtors place Of residence his inability to pay all
his debts in fn, his Willingness to surrender all
his estate md effects for the benefit Of his credit
ors and his desire to obtain the benefit Of this act
and schedule must be annexed verified by oath
",
cy, or before one Of the Commissioners of the CIR
cult 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
known, tbs fact to be stated, and the sum due to
each ceditor; Also the nature Of each debt or de-
msnd, Whsther founded on written security, obi
gaien, contract or otherwise, and also the true
cause and consideration Of such indebtedness in
each case, and the place where such Indebtedness
accrued, ind 3 statement of any existing mort
gage, pledge, lien, Judgment or collateral or other
security given for the payment Of the same; and
shall also annex to his petition an accurate invent
ory, verified in Like manner of all his estate, both
scribing The came, and stating where it is situated,
and whether there are any, and if so, what incum.
brances thereon; the fling of such petition shall
be an act Of bankruptcy, and such petitioner
sha ahl b be aaudged, +. bankrupt e9 Provided
tioning 10 be declared bankrupt SHALL on fling
such petition, and before any proceedings
thereon. take and subscribe an oath of al.
lsgiance and fidelity to the United States, which
oath shall be fled and recorded with the proceed
triot Court, or If there be no opposing party, any
register Of said court, to be designated by the
Judge, shan forthwith, if he be satisfsd that the
debts dns from the petitioner exceed $500, issue a
directed 10 the marshal OF said district, aathori,
zing him forthwith, as messenger, to publish no.
tices in such newspapers as the warrant specifies
to serve written or printed notice, by mail or per-
sonai!y, on All creditors upon the schedule fled
with the debtors petition, or whose names may be
given to him, in addition, by the debtor, and to
give such personal or other notice to any persons
concerned as the warrant specifies, which notice
shall state: A0''o0
First--That 3 warrant in bankruptcy has been
issued against the estate Of the debtor.
Secona.Thet the payment of any debts and the
delivery OF any property belonging to such debtor,
to hm or for his use, and the transfer of any bro
perT By him. are forbidden by law.
Third.Ihat q meeting of the creditors of the
debtor, giving the names, residences and amounts,
30 Tar as known. to prove their debts and choose
one or more assgaees Of his estate viii be held at
Court Of Bankruptcy, to be holden at time and
place designated in the warrant, not less than ten
nor more than ninety days after the issuing of tho
same. - WV
H. + the debtor dies after the issuing of the
warrant, the proceedings may be continued and
concluded in Like manner as if he had lived "A'o
Is. The creditors, after the first meeting in nrc.
sence OF register, shall choose one or more =
80 No. c4n&n 80