Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-03-21
u niou aud 9ispateh.
THURSDAY. MARcH ri. 1857.
largest Circulation in City and state.
THE BANKRUPT Law.
OFFICIAL COPY.

THE BAhkkURT Law.
OFFICIAL COPY.
AN ACT TO establish q uniform system Of bank
ruptcy throughout the United States.
Be Il enacted by the Senate and House Of Repre-
seRtatiUes Of The UHited States Of America ~
Congress assembled, That the seyas.A district
courts of the United States be. and tl3ey hereby
are, constituted cOHrts Of bankruptcy, and they
shall have original jurisdiction in their respective
districts 10 all matters and proceedings IN bank
ruptcy, and they are hereby authorized 20 hear
and adjudcate upon the same according 70 the
provisions OF this act The said court shsll DE
always open for the transaction of business un-
der this act and the powers and jurisdiction
hereby granted and conferred shall be exercised
as well in vacation as in term time and a judge
sitting in chambers shall have the same powers
and Jurisdiction, including the power Of keeping
order and of Furnishing any contempt Of his au-
ihOrity, ns when sitting IN court. And the Jurls-
dicti0n hereby conferred she'll extend 10 all
eases and controversies arising between the
bankrupt and any creditor OF creditors who shall
claim any debt or demand underline bankruptcy;
TO the collection of all the assets ot the BANK
rupf; 10 the 1lefTi TiGtntneaf ani hsnidhNJG @!
the liens add OthSr SPECIFIC claims thefeoA; Is
the adjustment Of the various priorities and con
aicting Interests of all parties; and 10 the mar
sbaling and disposition Of the different funds
and assets 50 as 20 secure the rights OF all parties
and due distribution of the assets among all the
creditors; and to all acts. matters, and things to
be done under and in virtue Of the bankruptcy.
until the final distribution and settlement OF the
estate Of the bankrupt, and the close of proceed
ings in bankruptcy. The said courts shall have
full authority TO compel obedience 10 all orders
Anddecrees passed by them in bankruptcy, by pro
| cess OF contempt and other remedial process. 10
| the same extent that the ercnit courts now have
| in any suit pending therein in equity. SAID
courts may sit for the transaction of business IN
bankruptcy az any place in thedistrict, OF which
| place aud the time of holding court they shall
have given notice, well as at the places desig-
mated by law for holding such courts.
SEC. 2 And be il further enacted That the
several circuit courts of the United States within
and for the districts where the proceedings in
| bankruptcy shall be pending, shall have gen
eral superntendence. and jurisdiction OF al
| cases and questions arising under this act; and
| except when special provision is otherwise made
may, upon bill petition, or other proper process
| Of any party aggrieved, hear and determine the
case as q court OF equity. The powers and luris-
dictiOn hereby granted may be exercised either
by said court or by any justice therOf in term
time or vacation Said circuit courts shall a lSo
| have concurrent jurisdiction with the district
courts of the sane district of all suits at law or
| in equity which may or shall be brought by the
| assignee in bankruptcy against any person
| claiming an adverse interest, OF by such person
| against such assignee, touching any property or
rights Of property Of said bankrupt transferable
to or vested IN such assignee; but no suit at law
or in equity shall in any case be maintalnable by
| OF against such assignee, or by or against any
| person claiming an adverse interest, touching
the property and rights of property aforesaid, IN
any court whatsoever, uuess the same shall be
OF action accrued, for or against such assignee
/ Provided, That nothing herein contained shall
| revive right of action barred at the time such
| assignee is appointed.
OF THE ADMINISTRATION OF THE LAW IN COURTS
OF BANKRUPTCY.
| SEC 3. And be it further enacted That it
| shall be the duty of the judges Of the district
| courts of the United States. within and for the
several districts TO appointin each Congressional
district in said districts, upon the nomination and
1 recommendation of the Chief Justice of the Su-
| preme Court of the United States, one or more
| registers in bankruptcy. to assist the judge OF
the district court in the performance of his duties
| under this act. No person shall be eligible TO
| such appointment unless he be q counselor OF
said court, of some one of the courts of record
of the State in which he resides. Before entering
| upon the duties of his office, every person so ap-
| pointed a register in bankruptcy shall give a
| bond to the United States, with condition that
| he will faithfully discharge the duties Of his
| Office, in a sum not less than one thousand dol
lars to be fixed by said court, with sureties salts
factory TO said court to either of said justices
thereof; and he shall. in open court, take and
subscribe the oath prescribed in the act entitled
| An act to prescribe an oath of Office, and for
| other purposes" aDplpyed July second, eighteen
/ hundred and sixty two, and also that he will not
/ during his continuance IN Office be, directly or
indirectly. interested in or benefited by the fees
1 or emolumentS arising from any suit OF matter
pending in bankruptcy, in either the district or
| circuit court in his district.
| SEC. 4. And be it further enacted That every
| register ia bankruptcy, so appointed and quail
fed shall have power, and 1t shall be his duty to
| make adjudication of bankruptcy, to receive the
| surrender of any bankrupt, TO administer oaths
| in all proceedings before him, to hold and preside
at meetings of creditors, to take proof of debts,
| 70 make all computations of dividends, end all
orders of distribution, and TO furnish the assignee
| with certified copy OF such orders, and of the
schedules Of creditors and assets hled in each
case, to audit and pass accounts OF asslgnees, 10
grant protection, to pass the last examination OF
1 any bankrupt in cases whenever the assignee or
creditor do not oppose; and TO SIT IN chambers
and despatch there such part OF the administra-
tive business Of the court and such uncontested
| matters as shall be defined in general rules and
orders; or the district judge shall in any par
/ ticular matter direct; and he shall also make
| sbort memoranda of his proceedings in each case
| in which he shall act, in dOck to be kept by
| him for that purpose, and he shall forthwith, as
the proceedings are taken, forward TO the clerk
| of the district cOnrt certified copy OF said
| memoranda, which shall be entered by said clerk
in the proper minute book to be kept in his Office
and any register Of the court may act for any
other register thereof: Provided, however, That
| nothing IN this section contained shall empower
a register TO commit for contempt, or 70 hear a
disputed adjudication, OF any question OF the
allowance or suspension OF an order OF discharge;
but in all matters where an issue of fact OF OF
/ law is raised and contested by any party TO the
| proceedings before him, it shall be his duty to
cause the qestion or issue to be stated By the OPP
| posing parties in writing, and he shall adjourn
| the same into court for decision by the judge.
| No register shall be of counsel or attorney.
| either in or out Of court, in any suit or matter
pending in bankruptcy in either the circuit court
or district court Of his district nor in an appeal
therefrom nor shall he be executor, admInlstra-
tor, guardian. commissioner, appraiser, dlvideT,
| or assignee of OF upon any estate within the
| jurisdiction Of either of said courts Of bank
/ ruptcy, nor be interested IN the fees OF emslu-
| nents ising from either of said trusts. The
fees of said registers as established by this act
| and by the general rules and orders required 10
| be framed under II, shall be paid to them by
| the parties for whom the services may be rem,
dered in the course of proceedings authorized
| BY this act.
See. 5. And be it further enacted. That the
judge Of the district court may direct register
10 attend at any place within the district for the
4 purpose of hearing such voluntary applications
| under this act as may not be opposed, of attend
1 ing any meeting Of creditors, of receiving any
| proof Of debts, and generally, for the prosecu-
/ ton Of any bankruptcy OF other proceedings
| under this act and the travelling and incident
al expenses Of such register, aud Of any clerk o.
/ other officer attending him, Incurred IN so act
] ing shall be settled by said court in aceordance
to the rules prescribed under the tenth section OF
this act and paid out of the assets OF the estate
In respect of which such register has 50 acted
or IL there be no such assets or f the assets shall
! be insufficient. then such expenses shall torH 9
part of the cost in the case or eases IN which the
register shall have acted in such journey, te be
| apPortoned By the Judge and such register, Sc
acting shall have and exercise all powers, except
| the power Of commitment, vested IN the district
! court for the summOnng and examination OF
| persons OF witnesses, and for requiring the pro-
| ductiOn of books, papers and documents: Pro-
| yided always, That all dispositions Of persons
| and witnesses taken before sald register, anu hll
acts done by him, shall be reduced to writing
and be signed by him. and shall be filed in the
| clerks office az part ofthe proceedings. Such
| register shall be subject 10 removal by the judge
l Of the district court, and all vacancies occurrlns
| by such removal, OF by resignation, change o.
| residence, death OF disability. shall be promptly
1 filled by other ft persons, unless said court shall
deem the continuance Of the particular office un
| necessary.
Sec g. And be it. further enacted, That any
| party shall, during the proceedings before
register. be at liberty 10 take the opinion Of th'
| district Judge upon any point or matter arislni
In the course Of such proceedings, or upon th'
result Of such proceedings. which shall be State'
By the register in the shape of short certl hcat
| 10 the Judge. who shall sign the same u he an
prove thereof and such certificate. so signed
shall be binding on all the parties-to the pro
eeedinE: but every such Certificate may be dis
/ CHARGED or varied by the Judge al chambers o
/ In open court In any bankruptcy. or in an,
other proceedings within the jurisdiction Of th
court under this act the parties concerned, o
submitting TO such jurisdiction, m sy at any stag
/ Of the proceedings, by consent, state any CUES
fiou or questions in special case for the opinion
Of the Court and the judgment Of the Cour
shall be final unless il be agreed and stated u
snch special case that either party ma
appeaL IL in such case, an appeal
| Allowed by this act. The parties may also, l