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


ment Of any estate under the provisions Of this
section shall be deemed to be proceedings in
bankruptcy under this act and the said trustees
shall have all the rights and powers of assigneeg
IN bankruptcy. The court, on the application
Ofsuch trustees, shall have power 20 summon
and examine, or lon oath or otherwise, the
bankrupt and any creditor, and any person
indebted TO the estate, or Known Oh suspected Of
having any Of the estate IN bis possession OF any
other person whose exam nation may be mate
rial or necessary % aid the trustees IN the exc
cution Of Their trust, and 90 compel the aiten-
dance Of such persons and the production Of
books and papers IN the same manner as 10
other proceedings IL bankruptcy Under this act.
and the bankrupt shall have the like right 10
apply for and obtain a discharge after the
passage OF such resolution and the appointment
OF such trustees as IL such resolution had not
been passed, and as If all the PROCEEDINGS had
continued IN the manner provided in the pre-
ceding sections Of this act. If the resolution
shall not be duly reported, or the consent Of the
creditors shall not be duly filed, or IT, upon its
filing, the court shall not think fit to approve
thereof the bankruptcy shall proceed as though
no resolution had been passed, and the court
may make all necessary orders for resuming the
proceedings. And the period of time which
shall have elapsed between the date of the reso-
luton and the date Of the order for assuming
proceedings shall not be reckOned in calculating
periods Of time prescribed by this act
PENALTIES AGAINST RANKRUPrs.
Sec A. And be il further enacted, That from
and after the passage ofthis act If any debtor or
bankrupt shall, after the commencement Of pro-
ceedings in bankruptcy secrete or conceal any
property belOngingto his estate, or part with,
conceal, OF destroy. alter mutilate or falsify OF
cause TO be concealed, destroyed, altered, mutt
lated, or falsiied, any book, deed. document. or
writing relating thereto, or remove, or cause to
be removed, the same or any part thereof, out
of the district, or otherwise dispose Of any part
thereof, with intent 20 prevent il from coming
into the possession ofthe assigned in bankruptcy
or to hinder impede. or delay either Of them in
recovering or receiving the same, or make any
payment gift, SALE assignment, transfer, or con-
veyance Of any property belonging to his estate
with the Ike intent OF spends any part thereof
IN gaming; or shall with intent TO defraud, will
fully and fraudulently conceal from his assignee
or omit from his schedule any property or effects
whatsoever; or If, in case of any person having,
to his knowledge or belief proved false or fc-
tltlous debt against his estate, be shall fail 70
disclose the same 70 bis assignee within one
month after coming TO the knowledge or belief
thereof; or shall attempt TO account for any Of
his property by fictitious losses or expenses; or
shall, within three months before the commence
ment Of proceedings in bankruptcy. under the
false color and pretence Of carrying on business
and dealing in the ordinary course of trade, OBJ
tain on credit from any person any goods or chat
tells with intent to defraud or shall, with in
tent 20 detraud his creditors, within three months
next before the commencement of proceedings
in bankruptcy, pawn, pledge or dispose Of, other
wise than by bona fde transactions in the Ordi-
nary way OF his trade any OF his goods or chat
tells which may have been obtained on credit and
remain unpaid for, he shall be deemed guilty Of
amisdemean0r and, upon conviction thereofin
i
b. imprisonment, with or without hard labor,
Tor a term not exceeding three years.
PENALTIES AGAINST OFFICERS.
Sec. As. And be it further enacted. That if
any judge, register, clerk, marshal, messenger
assignee, or any other officer Of the several courts
Of bankruptcy shall, for anything done or pre-
tended to be dcne under this act or under color
Of doing anything Hereunder wiifully demand
or take, or appoint or allow any person what
ever to take for him or on his account or for or
on account of any other person, in trust for
him or for any other person, any fee. emolu-
mCnt, gratuity, sum Of money, or anything Of
value whatever other than is allowed by this
act, or which shalt be allowed under the au-
thOrlty thereof, such person when convicted
thereof, shall forfeit and pay the of not less
than three hundred dollars and not exceeding
five hundred dollars and be imprisoned not ex-
ceeding three years. r
Sec. 40. And be it further enacted. That il any
person shall forge the signature Of judge, regis
ter or other officer of the court. shall forge or
counterfeit the seal Of the courts, or knowingly
concur in using any such forged or counterfeit
| signature OF seal for the purpose of authenti-
eating any proceeding or document, or shall
tender in evidence any such proceeding or dOcu-
ment with a false or counterfeit signature of any
such judge, register, or other officer, or false
or counterfeit seal Of the court, subscribed or
attached thereto, knowing such signature OF
seal TO be false OF counterfeit any such person
shall be guilty Of felony, and upon CONVICTION
thereof shall be liable to a fine of not less than
five hundred dollars. and not more than 1--WE
thousand dollars, and 20 be imprisoned not ex-
ceeding five years at the discretion ofthe court.
FEEs AND COSTS
Sec AZ. And be it further enacted That i'm
each case there shall be allowed and paid in ad-
diion to the fees Of the clerk Of the court as now
established by law, or as may be established by
general order, under the provisions of this act,
for fees an bankruptcy, the following fees. which
shall be applied to the payment for the services
| Of the registers
For issuing every warrant, two dollars
For each day in which a meeting is held,
three dollars.
For each order for a dividend, three dollars.
For every order substituting an arrangement
By trust deed for bankruptcy, two dollars.
For every bond with sureties, two dollars.
For every application for any meeting in any
matter under this act one dollar.
For every days service while actually en-
ployed under special order of the court q sum
not exceeding Eve dollars, to be allowed by the
court.
For taking Dispositions, the fees now allowed
by law.
For every discharge when there is no opposi-
ton, two dollars. .r
Such fees shall have priority of,payment over
an other claims cur o. ne estate and before
the senior register Of the court, or with the
clerk. TO be delivered TO the register, fifty dol
lars as security for the payment thereof; and if
there are not sufficient assets for the payment of
the fees the person upon whose petition the
warrant Is issued shall pay the same, and the
court may issue an execution against him to
compel payment 20 thearegister.
Before any dividend is ordered the assignee
shall pay out Of the estate to the messenger the.
following fees and no more:
First. For service Of warrant two dollars.
Second. For all necessary travel at the rate of
five cents a mile, each way.
Third. For each written note to creditor
named in the schedule ten cents.
Fourth. For custody of property. publication
Of notices, and other services. his actual and
necessary expenses upon returning the same in
specific items, and making oath that they have
been actually incurred and paid by him. and
are just and reasonable, the same to be taxed
or adjusted by the court, and the oath of the
messenger shall not be conclusive as to the ne
For cause shown. and upon hearing thereon,
such further allowance may be made as the
court in its discretion may determine.
The enumeration Of the foregoing fees shall not
prevent the judges, who shall frame general
rules and orders in accordance with the pro-
visions Of section ten, from prescribing tariff
Of fees for all other services Of the officers
Of courts of bankruptcy, or from reducing the
fees prescribed in this section in classes of cases
to be named in their rules and orders.
OF MEANING OF TERMS AND COMPILATION OF
TINE.
See As. And be il further enacted, That the
word assignee" and the word creditor shall
include the plural also; and the word "messen-
ger shall include bis assistant or assistants,
EXCEPT IN the provision for the fees Of that
officer. The word marshal" shall include the
mnrshnls deputies; the word person" shall
also include corporation :; and the word
oath" shall include Affirmation" And in
ell eases in which any particular number Of
days Is prescribed by this act, or shall be men
toned in any rule or order of court. or general
order which shall az any time be made under
this act. for the doing of any act or for any
other purpose, the same shah be reckOned in
the absence Of any expression TO the contrary
exclusive Of the 6rst and inclusive of the last
day, unless the last day shall fall on a Sunday,
Christmas day, or on any day appointed by the
President of the United States as a day Of pub
lie fast or thanksgiving. or on the Fourth Of
July, in which case the time shall be reckone ed
exclusive Of that day also.
Sec. ~. And be IL further enacted, That all
the jurisdiction, power and authority conferred
upon and vested in the District Court Of the
United states by this act in cases in bankruptcy
are hereby conferred upon and vested in the
supreme Court Of the District of Columbia and
On and upon the supreme courts Of the several
Territories Of the United States, when the
bankrupt resides in the said district Of Columbia
or in either Of the said Territories. And in
those Judicial districts which are not within an
organized circuit Of the United States, the
power and jurisdiction Of circuit court in
bankruptcy may be exercised by the district
Judges.
See. 50. And be il further enacted. That this
act shall commence and take effect as to the APP
pOintment Of the officers created hereby aud
the PRONUNCIATION of rules and general orders.
from and after the dafe of its approval: Pro-
yided, That no petition or other proceeding IN
der this act shall be fled, nreceived. or com
menced before the first day OF June. Anne
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