Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-07-13
MEMPHIS APPEAL MEBUN .BASERVGTA
'AgNUUNCED BYaJUDGEG aF.
TRIGGa IN bGOugT6 AT
'nai75 KN0xEILLE, July s,
A Very Important DOeunent 90
y Lawyers and The COmmu-
Id en- 80. ATTY Generally

-AN'A 49, ~ - 80. 49, 49,
enter the same upon the minutes Of the
IcQurt, and furnish a copy thereof to each
ofthe registers within The district as soda
as Prsettcshle attgrthe same shall have
been 50 entered:
Rule /. In uOJhatGry bankruptcy, the
petition sha Ibs referred, by form NJ,
to The register Ia. thk cOugreskbnhl Usl
: trict which embraces the county stated
In the petition as shat wherein the debt
7 Or, Whether ga indvidu4I a eospartner-
ship, a corporation, or a joint stock COM
pany, has resided or carried On business
for the-six months~next Immediately
|. precediug the bimeofsfling3tR petsdon,
I or for the longest period during such six
months. A petition may be otherwise
/ referred Tor special ressonsg or In cases
not herein provided for.
The order, form No. i, designating the
register to act upon the petitioni IN VOttbI-
} tdEF bankruptcy when the petition
states the residence or place Of business
of the debtor to be IN the county Of Knox,
Davidson or Shelby, shall specify as the
pldcs where the register shall act upon
the matters arising under the case, and.
~the7Yarrant, form No. 81 IN Involuntary
baBkrBptcy, shall in a Ike case, specify
as the Place where the meeting OF the
creditors wiz be held, the Office of the
4EEA1A|A G1.ANTAHA4AN1 ~ AAAA - . VI
ting filed with the CLERK. And in case Of
the residence or place OF business Of the
debtor being in any county other than
That Of Knox, Davidson, or Shelby, the
order, form No. IN voluntary bank
FUPtcy, shall specify as the place where
the register shall act upon the matters
arising Ender the case, and Office Of the
register, as designated by him in like
manner, in his district, which is the
place of residence OF the petitioner, or
the place of businessof the c~opartnership,
corporation or joint stock company, as
z set i0Eth in thu petition; and ms ike
cass, in the warrant, form No, 50, in in
~UOluatdgy bankruptcy, the place for the
meeting Of creditors will be designated
with reference to the special cIrcum-
stances Of the case.
The day named in the order, form No.
4,ygr the a~ttendanee Of thu bankrupt
before the register IN voluntary bank
ruptcy, and the day named in the war
rant, form AoIb9, for the nesting Of
creditors, in m~UOhgitdry bankruptcy,
will be fixed with reference to the cou-
venient and speedy progress Of the case.
Every register shall, by a writing filed
with the clerk, designate The days on
which he will attend at a place or places
within his district, other than the
ties of Knox, Davidson and Shelby.
u Every register may in any case re-
feTr, i to him, tx the times when he Will
act upon the several matters arising I'M
der such case, other than the attendance
of the bankrupt, as fixed by the order,
7 form No. 4, ana the meeting Of creditors
as fixed by the warrant, form No. 50;
FbuSthe register shall not, without leave
Of the court, be at liberty to change the
place specified M the order, form No. 4
or to act upon the matters arising under
8 case in Involuntary b~aukT4gtfY a any
other place than the one specified in the
warrant, form No. SO, as the place for the
meeting Of creditors.
RHs 2-WheneYeTa petition is refer
red to q register in a voluntary case, and
twheneyeI; in an involuntary case an
order l. made on an adjudication Of
bankruptcy, referring the case 10 q regis
ter, the clerk, at the hEIs he sends or
4 delivers 70 the register a copy OF the or /
der II reference, shah pay to him the
sum of twenty dollars out Of the fifty
dollars deposited with the clerk under
section fCrty-seven of the spt, the same
to be- spilled to the payment Of
such fees of the register as are
( ehargeabEe 20 the petitioner making the
deposit. Whenever, by a return Of the
fees so chargeable for services rendered
! BY him, il shall appear that tie Aggre-
gate amount OF such fees exceeds the
1 aggregate payments made thereon to the
register out OF the hfty dollars, the clerk
shall, if required by the register, make
further payments to him thereon to the
amount Of such fees, until the fifty dol
lars shall all Of it be paid out, and there
after the fees of t~he.regisser. which are
c~hargeable 10 such petitioner, shall be
,as1 ,r rg.ofvaI in 1fEa uuoruDp NTH fBa ]
other fees ~preVidedsfOp by rule 20 OF the
/" general orders in bankruptcy"
The foregoing provisions Of this rule
shall not apply TO a case Of voluntary
bankruptcy where, Under rule 80 Of the
" general orders in bankruptcy" the
Judge shall direct that the fees and costs
in the case shall not exceed the sum rel
uuired by the act to be deposited with
clerk but IN every such case, such Of
the disbursements paid ont by the regis
ter and marshall for the purposes specified
in rule u of the general orders in
bankruptcy and returned by them
under OATH under said rule -, as are
chargeable to the petittOnibg debtor, /
shall be refunded to. them seYerally BY
The clerk Dat Of such sum and the clerk,
marshal and register shall perform the
duties required of them by such petitfon-
ing debtor, without first requiring pay
ment or security for their fees, subject to
the application by the court to such fees,
OF 80 much Of spch sum as shall remain
after r~ehIHding such disbursements.
Rule 5.-The register shall, undeF rule
of the general orders in baukruDtcy,n
examine the duplicate copy OF the petit
tien and schedules specified N form a.
and the certificate Of the register, re-
CURED by rule :, as to the correctness in
form Of the petition and schedules, shall
De made in writing, and be signed by
him on the duplicate copy which he so
examined and he shall not issue any
warrant under form No. 6, until ne shcil
have 80 made q certificate, after such ex-
animation, that the petition aud sehed-
ules are correct in form.
Rule 4-The warrant Issued under
section II, or section A.. Of the act, ac-
cOrding TO form No. 6, or form No.
SO, shall specify the newspapers in
which the notices shall be published,
that IS to esysJIn the district Of East
Tennessee if q newspaper is published in
the county stated in the petition as the
one in which the debtor has resided or
carried On business for the six months
preceding the time of filing the petition,
the notices required shall be published
twice ia such newspaper, aud once in the
Free Press, Messenger and Wing, at
Knoxville; bat If no neV spapeF Is pub
lisIfed in such county, then said notices
shall be published twice in each Of said
papers at Knoxville.
IN the district of Middle Tennessee, If
q newspaper IS published III the county
of the debtors residence or place OF busi-
ness, tie notices shall be published twice ]
in tehnewspaper, and once in the Union
and Dispatch, Banner ard Guecte, at
Nashville but il no newspaper is pub
lished in such county, then said notices !
shall be published twice IN each Of said
papers at Nashville. .
In the district of West Tennessee, if q
newspaper be published in the county Of
the debtors residence or place of bust
the notices shall be published twice !
in spch newspaper, and once in the ira i
ldHche, Bulletin and Appeal, at Mem J
phis; but if NJ newspaper is published !
in such county, then said notices shall be ]
published twice in each OF said papers at !
Memphis. |
II the debtors residence or place of
business shall be in the county Of Knox, c
D~avidson-or Shelby and the petition so
states, the warrant issued according TO J
form Nc. O., or form No. SO, shall specify, G
and the notices be published twice in Z
each CT the three papers named in such e
county. {
The warrant shall designate the cred
on whom Personal service is to be q
made, and notice shall be served by mail s
upon all creditors Otherthan those desig- {
mated. No creditor resident out of the C
in which the petition shall be
filed shsil be designated for personal ser-j j,
vice.. .
The wsrrant, form No. 8, shan be re- D
as process under rule , of the Z
general orders in bankruptcy" and d
shall, before it isissued to the marshal. r
IN sdaitien to being ignedby the clerk
and sealed with the seal Of the court, be a
Endorsed by the judge or register, with 4
The date of such Endorsement, in the d
following fofmt " Issued by me, g
ISe district Judge Tor register y
III b~ahkfuptcviPP ftnF HTu !.
,RgHe 5zUnder rule O., Of the general /,
orders in bankruptcy, . an assignee shall
the register Of his acceptance or /,
resignation OF the trust, and the register I
hail Immediately on receiving such !.
report 1t to the clerk of the court.
Rlae every assignee shall, imme- /
on receiving an assignment Of an :
in bankruptcy, send or deliver +
.uch assignment to the clerk Of the court, \
Who shall make g true o Of it, and I,
.r,eh. ,Cr-r r,-l,- - haaI 80 IL T.