The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-06-26

ceedlngs In bankruptcy, and are re-
quired to be always open for trans
acting business under tina act, exer-
cising the same powers in vacation as
in term time. The principal duties,
however, involved in the process Of
procuring certificate of discharge
are to be performed by the Registers
in Bankruptcy. The powers of the
Registers are, to make adjudication of
bankruptcy, to receive the sur
render of the bankrupt, to admins
ter oaths in all proceedings
before him. to hold and preside at
meetings of creditors, to take proof of
debts, to make all estimates of divI-
| dends and all orders of distribution.
to audit the accounts Of assignees, to
pass the final examination when no
creditor opposes the discharge, and to
sit in chambers dispatch there all ad-
ministrative business connected with
the law which the court or the general
orders may prescribe The orders pro-
vide that the time and place of the
Registers acting upon the cases in
bankruptcy at their different stages,
shall be fixed by special order of the
District Court. or by the Register
himself, acting under the authority
of general order made by the Dis
trict Court.
The form of petition of debtor to
be declared bankrupt is given 10 the
rules provided by the Supreme Court.
Before any warrant issues, the petit
toner must deposit fifty dollars with
the Register, as security for the pay
ment of all fees under the proceedings,
which are to have priority of payment
over all other claims out of the es-
tate. 1t is next made the duty of
the Register, if satisfied as to the facts,
to issue a warrant in bankruptcy
against the estate Of the debtor, Iii
rected to the Marshal of the District.
authorizing him to publish notices
in such newspapers. as the warrant
specifies, and to serve notices on all
creditors, that the payment of any
debts to the delivery or transfer of
any property of the deb or are forbid
den by law, and then a meeting OF the
creditors will be held at a Court of
Bankruptcy, to be specified in the
warrant, not less than ten nor more
than ninety days after the issue of the
same. 1t is also made the duty of
the Marshal TO take immediate pos
session of the property of the bank
rupt, under the warrant, and to pre-
pare, within three days, an inventory
of all the property, and return to the
Register.
At the first meeting Of the credit
ors of the bankrupt they must choose,
in presence Of the Register, one or
more assignees of the estate of the
debtor. AS soon as an assignee is
appointed and has given security, the
Register must assign and convey to
him all the estate fof the bankrupt, |
with all books and papers relating
thereto. There are excepted and re-
served to the use of the bankrupt the
following, only: Necessary household
and kitchen furniture, in ,the discre-
ton of the assignee, but not exceed
ing five hundred dollars in value;
wearing. apparel of the bankrupt, his
wife and children, and such other
property as may be exempt from ex-
ecution under the laws of the United
States or of the State in which the
resides. The assignee to
receive. out of the sale of the estate,
in addition to all necessary expenses
actually incurred, five per cent. on
under 81 900, two and half
per cent on sums between 81 goo and
s. 900, and one per cent. on all sums
over $1,000. He is to give written
notice of all meetings of creditors, ,
after the first, and of al dividends
payable by him in the discharge of
his trust He is to keep a strict ac-
count of all claims presented and of
all proceedings by him T. as as b
signee. Three months, after an adj
judication of bankruptcy. or earlier,
the Court, upon So reQnest---ot= the 4
assignee, is to call a general meeting
Of the creditors. to hear tie report of
the assignee, which shall be full .
schedule, with vouchers, Of ALL re- ;