Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1867-03-22
Z w. A. LEE AND HUGH WILSON,

of error shall be allowed unless the party
claiming it shall comply with the statutes
regulating the granting of such writs.
0. No appeal on a writ of error from Cir
cult Courts to the United States Supreme
| Court shall be allowed in cases less than
$4,000.
10. General orders and regulations are
to be established by the Justices of the
Supreme Court to carry the law into effect
II. Persons owing provable debts ex-
ceeding $500 may apply for relief under
this law, by pet'ioning the District Judge
in the district in which the said deb:or has
lived or carried on business for the preced.
ing six months, or for the largest period dur
ing said six months. This petition must set
forth the debtors place of residence, his ina
bility to pay all his debts in full, his will
ingness to surrender all his estate and ef-
fects for the benefit of his creditors, and his
desire to obtain the benefit Of this act, and
a schedule must be annexed verified bv
oath before the court, or before register
| in bankruptcy, or before one of the com
missioners Of the Circuit Court Of the Uni
ted States, containing a full and true state
ment Of all his debts, and as far as posi-
bic, to whom due, with the place Of resi-
dence of each creditor, if known TO the
debtor, and if not known, the fact to De so
stated, and the sum due to each creditor ::
also, the nature Of each debt or demand
whether founded on written security, obl;-
CATION, contract or otherwise, and also the
true cause and consideration Of such in
deLtedness in each case, and the place
where such Indebtedness accrued, and a
statement Of any existing mortgage, pledge,
lien, judgment or collateral or other secu-
rity given for the payment of the same !;
and shall annex to his petition an accurate
inventory, verified in like manner, of his
estate, both real and personal, assignable
under this act, describing the same, and
stating where it is situated, and whether
there are any, and if go, what membranes
thereon; the filing Of such petitions shall
be an act of bankruptcy, and such petition
er shall be adjudged a bankrupt. Provid
ed, That all citizens Of the United States
petitioning to be declared bankrupt, shall,
on fling such petition, and before any pro-
ceedings thereon, take and subscribe an
oath of allegiance and fidelity to the Uni
ted States, which oath shall be filed and
recorded with the proceedings in bankrupt
cy. And the Judge Of the District Court,
or if there be no opposi,ing party, any reg
lister OF said court to be designated by the
Judge, shall forthwith, if he be satisfied
that the debts due from the petitioner ex-
ceed $500, issue warrant, to be signed
BY such Judge or register, directed to the
marshal of said district, authorizing him
forthwith, as messenger, TO publish notices
in such newspapers as the warrant speci-
fies; to serve written or printed notice, by
mail or personally, on all creditors upon
the schedule Sled with the debtors petition,
or whose names may be given 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 delivery Of any property belonging
to such debtor to him or for his use, and
the tranfer Of any property by Lin, are for
bidden by law.
Ihird.-That meeting Of the creditors
Of the debtor, giving the names, residences
and amounts so far as known, TO prove
their debts nd choos. one or more assiguees
Of his estate, will be held at court Of
bankruptcy, TO be holden at a time and
place designated in the warrant, not less
than ten nor more than ninety days after
the ,ssuings Of The same.
IL. If the debtor dies after the issuing of
the warrant, the proceedings may be con-
tinued and concluded in like manner as if
he had lived.
-1s. The creditors, after the first meeting
IN presence OF register, shall choose one
or more assignees of the estate of the Debt
or; the choice TO be made BY the larger
part in value snd in number of the creditors
who have proved their debts. II no choice
is made by the creditors, the Judge, or, if
there be opposinginterest, the register, sball
appoint one or more assignees. If an as
signee, so chosen or appointed, fails with.
in five days to express 10 writing his ac-
ceptance Of the trust, the Judge or register
may FIJI the vacancy. All, elections or ap-
pointmeuts of assignees shall be subject to
the approval Of the Judge. The Judge