The New York herald., 1867-03-05

taken and no appeal shall be allowed unless the appel
ian. ~ ne mo 2, I'm Inc ~ ss
No writ OF shall be allowed unless the party claim
ing 1t shall comply with the statutes regulating the
SEC o. And bo 1t further enacted That In arising
under this act appeal or writ OF error shall be allowed
Courts of the United States unless the matter in dispute
In such shall exceed $4,000
SEC TO- And be further enacted Thatthe Justices Of
the Supreme Court OF the United States subject TO the
provisions Of this act shall frame general orders for the
following purposes
For regulating practice and procedure Of tho Dis.
trct bankruptcy and the several forms of petit
ons orders and other proceedings 70 be used In said
courts In all matters under this act;
For regulating the duties OF the various officers OF said
courts;
For regulating the fees payable and the charges and
this by law with respect TO all proceedings in
bankruptcy before said courts not exceeding the rate Of
tees now allowed by law forsimiar services in other
For regulating the practice and procedure upon ap
peals;
For regulating the filing, custody and inspection Of
records;
And generally for carrying the provisions Of this act
After such general orders shall have been framed
they any of them may be rescinded varied. and
other general orders may be framed IN manner afore
said and all such general orders framed shall from
time be reported to Congress- with such suggeS-
tons as said justices may think proper
VOLUNTARY RANKRUpTcY- COMMENCEMENT PROCEEDINGS
SEC H. And be II further enacted, That il any person
residing within the jurisdiction of the United States
owing debts provabe under this act exceeding the
amour. Of $500 shall apply by petition addressed to the
resided or carried business for the six months next
Immediately preceding tho tmc OF filing suoh petition,
for the longest period during such six months setting
forth his place Of residence his inability to all his
debts In full his Willingness TO surrender all his estate
and effects for the benefit of his creditors and his desire
TO obtain the benefit Of this act and shall to his
petition schedule, verified by oath before the court or
before register IN bsnkrupscy or r before one Sa the
containing full and true statement of all his debts
and far possible, to whom due with the place OF
residence Of such creditor IL known TO the debOr and
not known the fact be stated aud the due
TO such CREDITOR also the nature Of each debt
demand, whether founded written security, obiga.
ton, contract otherwise and also cause and
consideration Of such Indebtedness in each case and the
place where such Indebtedness accrued and staemen mt
Of any existing mortgage, pledge, lien, judgment or
collateral other security given for the payment Of the
same; and shall also to his petition accurate
inventory, verified in like manner OF all his estate both
real and personal assignabe under this act describing
the same, and stating where is situated and whether
there any, and what membranes thereon the
filing Of such petition shall be act Of bankruptcy, and
such petitioner shall be adjudged bankrupt Provided.
thai ali citizens Of the United States petioning be
declared bankrupt shall on fling such petition, and
before any proceedings thereon take and subscribe
oath OF allegiance and fidelity to the United States which
oath shall be filed and recorded with the proceedings in
bankruptcy And the judge Of the District Court Or il
there be no opposing party any register OF said court TO
be designated by the Judge shall forthwith II he be
satisfied that the debts due from the petitioner exceed
$780, issue . warrant 70 be signed BY such Judge
register directed to the marshal Of said district author
such newspapers the warrant specifies; TO serve
written or printed notice, by mail personally, all
creditors upon the schedule filed with the debtors
petition, whose names may be gwen TO him, IN
addition, by the debtor and TO give SUCH personal or
other notice TO any persons concerned as the warrant
specifies, which notice shall state:-
First-That warrant in bankruptcy has been issued
against the estate of the debtor
Second-That the payment OF any debts and the de-
livery of any properly belonging to such debtor him
for his and the transfer Of any property By him.
are forbidden by law.
Tard-That meeting Of the creditors Of the debtor,
giving the names residences and amounts, 30 far
known, to provo their debts and choose one more
ruptcy to be holden at time and place designated in
the warrant not less than ten more than ninety days
after the issuing OF the same.
OF ASSIGNMENTS AND AssroxEn
SEC II. And be It further enacted That at the meet
ing held In pursuance OF the notice. Of the egis-
ers OF the court shall preside and the messenger shall
make return OF the warrant and OF his dongs theleon
and appears that the notice to the creditors has
been given required IN the warrant, the meeting shall
quired II the debtor dies after the issuing or the war.
rant the proceedings may be continued and concluded
in like manner as II he had lived.
SEC Is And be it further enacted, That the creditors
shall the first meeting held after due notice from the
messenger, in presence Of register designated by
court choose assgnees OF estate OF the
debtor the choice be made by the greater part in
value and in number OF the creditors have proved
their debts II no choice is made by the creditors
said meeting, the judge II there be opposing
teresi the register, shall appoint assgnees
II assignee CHOSEN or appointed, fails within i've
express MS acceptance OF the
the Judge register may all the vacancy All elections
appointments OF assgnees shall be subject the an.
proval Of tho judge and when In his judgment It is for
any cause neediu or expedieni, he may appoint addi
tional assigneos, order election The judge
any time may, and upon the request in writing of any
creditor who has proved his claim SHALL require the as
sgnee to give good and sufficient bond to the United
states, with condition for the faithful performance and
discharge OF his dutes the bond shall be approved by
the judge register by his endorsement thereon shall
be filed with the record OF the case and nure 70 the
benefit of all creditors proving their claims and may
party. IL The assignee fails TO give the bond within such
tune as the Judg orders not exceeding ten days alter
notice TO HIM of such order the judge shall remove him
and appo nj another Ia his place.
SIC a. And be 1t further enacted, That a. soon az
said assignee Is appointed and qualified the Judge or
where there no opposing interest," the register, shall
the assignee all the estate real aud personal OF the
bankrupt with all his deeds, books and papers relating
thereto and such assignment shall relate back to the
cqmmencement Of said proceedings In bankruptcy, and
therenpon by operation OF law the title 10 all such
property and estate both real and personal shall vest in
said assignee, although the same is then attached on
mcne process the property Of the debtor and shall
dissolve any such attachment made within four months
next preceding the commencement Of said proceedings
provided. however, that there shall be excepted from
the operation OF the provisions Of this section the
sarv household and kitchen furniture and such other
articles and necesares Of such bankrupt the said
gnec shall designate and set apart having reference in
the amount TO the family, condition and circum.
stances OF the bankrupt but altogether not TO
exceed in value, In any case the Of $780, and also
the wearing apparel OF such bankrupt and that OF
MS vile enu children, anu the uniform, arms ana
equipments Of any person who 10 or has been a sol
der In tho militia or In tho service Of the United
States; and such other properly is hereafter
shall be exempted from attachment seizure, levy
execution by the laws Of the United States and such
other properly not included In the foregoing excmp
tons Is exempted from levy and sale upon execution
other process order OF court by the laws Of the
State in which tho bankrupt has his domicle at the
time Of the commencement Of the proceedings In bank
ruptcy, 10 an amount not exceeding that allow.
cd by such state exemption laws in force
In the year 1854; provided that the foregoing
exception shall operate as q limitation upon
the conveyance Of the property Of tho bankrupt
10 his hssgnees and In shall the property here
by excerted pass 10 the assgnees tho title Of the
bankrupt thereto be impaired or affected by any Of the
provisions OF this at aud the determination OF tho
sqnees In the matter shall, on exception taken, be sub
ject the na decision Of the said court And pro.
ved further that mortgage OF any vessel or OF any
other goods or chaticls made as security for debt
or debts IN good faith and for present considerations
and oiherwse VALID and duly recorded pursuant 10 any
statute o the untod states OF any State, shall be
validated affected hereby and all the property convey
ed by the bankrupt in fraud OF bis credors a rights
IN equity choses in action patents and patent rsnts
and copyrighs all debts due him. or any person Tor
bis use, and al liens and securities therefor; ana a