Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-03-27
The Bankrupt Bill.

~ ACT TO ESTABLISH UNIFORM system OF
BANKRUPTCY THROUGHOUT THE UNITED STATES.
b. 1t enacted by the Senate and House of
Representatives, of the United States of Anacrica
IN Congress assembled, That the several dis
trict courts of the United States be- and thev
hereby are, constituted courts of bankruptcy.
and they shall have original jurisdiction in
their respective districts in all matters and
proceedings in bankruptcy, and they arc here
by authorized TO hear and adJudlcate upon
the same according to the provisions of this
act. The said courts shall be always open
for the transaction of business under this act,
and the powers and jurisdiction hereby grant
ed and conferred shall be exercised as well in
vacation in term time, and Judge sitting
at chambers shall have the same powers and
jurisdiction. including the power of keeping
order and of furnishing any contempt of his
authority, as when sitting in court. And
the jurisdiction hereby conferred shall extend
70 all cases and controversies arising between
the bankrupt and anv creditor or creditors
who shall claim any debt or demand under
the bankruptcy to the collection of all the
assets of the bankrupt To the ascertainment
aud liquidation of the liens and other specific
claims thereon; to the adjustment of the
rious prIprItics and conflicting interests of all
parties and 70 the marshaling and DISPOSE
tiln Of the different funds and assets, 80 ar
r. secure the rights of all parties and due
distribution of the assets among all creditors
and 70 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
the proceedings in bankruptcy. The said
courts shall have full authority TO compel
obedience to all orders and DEGREES passed by
them in bankruptcy, by process of contempt
and other remedial process, TO the same ex-
rent that the circuit courts now have in any
suit pending therein in equity. Said courts
may sit for the transaction of business in
bankruptcy at any place in the district. of
which place, and the time of holding court,
fhev shall have given notice. as well as at the
places designated by law for holding such
courts
SEC. > ind be n FURTHER enacted. That the
several circuit courts of the United States
within and for the districts where the pro-
ceedings in bankruptcy shall be pending shall
have general superintendence and jurisdic-
ZION of all cases and questions arising under
this act and, except when special provision
is otherwise made. may, upon bill, petition
OF other proper process. of anv party ag-
gricved. hear and determine the case as
court OF equity. The powers and jurisdic-
;ion hereby granted may be exercised either
~ said court, or by any justice thereof, in
term time or vacation. Said circuit courts
shall also have concurrent jurisdiction with
the district courts of the same district Of all
suits at law cor in equity, which may or shall
be- brought by the assignee in bankruptcy
against any person claiming an adverse in
tercst, or by such person against such as
eIgnec, touching any property or rights OF
property of said bankrupt transfera bic To oI
Vested IN such assignee but suit at law
or IN equity shall, in any case, be maintain
able by against such assignee. or by or
against any person claiming adverse in
tercst- touching the property and rights OF
property aforesaid, in any court whatsoever,
unless the same shall be brought within two
years from the time the cause of action ac-
crued. for or against such assignee Prorided
That nothing herein contained shall revive q
right of action barred at the time such as
7ignee isappointed.
OF THE ADMINISTRATION OF THE LAW COURTS
OF BANKRUPTCY.
SO. . 4std b. II further enacted, That il
-hall be the duty of the Judges of the district
courts Of the nitcd States. within and for the
several districts, u appoint in each congress
sIDual district in said districts. upon the nom
inatIon and recommendation Of the Chic
Justice of the Supreme Court of the UniteC
States. one or more registers in bankruptcy
To- assist the Judge of the district court in tn,
performance of his duties under this act. y,
person shall be eligible to such appointment
unless he be d counsellor Of said court, or q
some one Of the courts of record of the STATE
III which he resides. Before entering upoI
rhc duties of his office. every person SO ap
pointed register in bankruptcy shall give
bond t. the United States, with condition
that hc will faithfully discharge the duties o
his office, in sum not less than one thou
sand dollars, 70 be fixed by said court, witt
sureties satisfactory to said court, or to eithc
of the said Justices thereof and he shall il
open court. take and subscribe the oath pre-
scribcd in the act entitled :. An act to pre-
scribe oath of office, and for other pur
poses" approved July ,, 1862; and ais
that he will not during his continuance il
Office be. directly or indirectly, interested il
or benefited by the fees or emoluments arisin,
from any suit or matter pending in bank
ruptcy in either the district circuit cour
in his district.
SIC + And be 1t further enacted. Tia
every register in bankruptcy, 20 appointe
and qualified. shall have power. and it sinai
he his duty. 10 make adjudication of bank
ruptcy. to receive the surrender OF anv bank
rupt, t. administer oaths in all proceeding
before him, to hold and preside at meeting
Of creditors, to take proof Of debts. to max
all computations of dividends, and all order
of distribution, and ~ furnish the assignc
-
the schedules of creditors and assets filed i
each case, to audit and pass accounts of ae
sIgnees, TO grant protection, to pass the lac
examination of any bankrupt in cases wheI
ever the asst ignee creditor do not Oppos.
and 10 sit III chambers and despatch ther
such part of the administrative business
the court and such uncontested matters :
shall he defined in general rules and order,
the district Judge shall in any particl
lar matter direct and he shall also max
short memoranda Of his proceedings in eac
case in which he shall act, in a docket TO /
kept by him for that purpose, and he sha
forthwith as the proceedings are taken, TO
ward 70 the clerk of the district court ce
tilted copy of said memoranda, which sha
bc entered by said clerk in the proper mil
ute-bOok TO be kept in his Office, and any re;
lster OF the court may act for any other re,
Istcr thereof; PrOuidcd hOicerer, That notl
ing in this section contained shall empower
register to commit for contempt, or TO hear
disputed adjudication, or any question of Il
allowance or suspension of an order of di
charge; but in all matters where an issue
fact or of law is raised and contested by al
party to the proceedings before him. it sha
bc his duty TO cause the question or issue
bc stated by the opposing parties in writin;
and he shall adjourn the same into court Fl
decision by the judge. No register shall
of counsel or attorney, either in out
court. in any suit or matter pending in ban
ruptcy in either the circuit or district cou
of his district. nor in appeal thcrefron
shall he be executor, administrato
guardian, commissioner. appraiser, divide
assignee. Of or upon anv estate within Il
jurisdiction Of either of said courts Of ban
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