The tri-weekly standard., 1867-04-18
Official.


resolution not been passed; and such consent AM
| the proceedings hereunder shall be as binding il
all respects on any creditor whose debt is prova
bic, who has not signed the same, as il he hat
signed it, and OH any creditor whose debt, if pro
| vabe, is not proved, as if he had proved it; ant
the court by order, shall direct all acts and thing
ncedul to be done to carry into effect such resol
| ution of the creditors and the said trustees shal
proceed to wind up and settle the estate unde
| the direction and inspection OF such committee D
! the creditors, for the equal benefit OF all suct
creditors, and the winding up and settlement
| any estate under the provisions OF this section
| shall be deemed to be proceedings in bankruptcy
under this act; and the said trustees shall have
all the rights and powers OF asslgnees in bank
! ruptcy, The court, Oh the application OF such
trustees, shall have power to summon and exam
ine or Ton] oath or otherwise, the bankrupt and
| any creditor, and any person indebted to the es-
| tate, or known or suspected OF laVlng any OF the
estate in his possession, orany other perso whose
| examination may be material or necessary to aid
the trustees in the execution OF their trust, and 10
compel the attendance ofsuch persons and the pro-
duction of books and papers i'll the same manner
as in other proceedings in bankruptcy under tins
act: and the bankrupt shall have the like right 10
apply for and obtain discharge after the passage
| OF such resolution and the appointment OF sucn
trustees il such resolution had not been passcd
and us if all the proceedings had continued in the
| manner provided i'll the preceding sections OF TINS
| act If the resolution shall not be duly reported,
or the consent of the creditors shall not be duly
| filed, or if, upon its filing, the court shall not
think fit to approve thereof, the bankruptcy shall
| proceed as though no resolution had been pas
| sed and the court may make all necessary orders
! for resuming the proceedings. And the period OF
time which shall have elapsed between the date OF
the resolution and the date of the order for assu-
| ming proceedings shall not be reckOncd in colcu-
latng periods Of time prescribed by this act.
PENALTIES AGAINST BANKRUPTs.
| SEC A. Ind be it tit5ther eHactea That if any
| Judge register clerk, marshal messenger, as
s-nee, or any other officer of the several courts
OF bankruptcy shall, for anything done or preten
dcd to be done under this act, or under color OF
| doing anything hereunder, wilfuly demand or
take or appoint or allow any person whatever to
| take for him on his account, or Tor or on ac-
count of any other person, any fee emoiument,
gratuity sum of money, or anything OF value
whatever, other than Is allowed by this act, or
which shall be allowed under the authority tncre-
Of such person, when convicted thereof, shall for
felt and pay the sum of not less than three hun
dr,d dollars and not exceeding five hundred dol
lars and be imprisoned not exceeding three years.
SEC 45. And be it TarthcI endcfc l. That, if any
person shall forge the signature OF Judge, regis
fer, other officer OF the court, or shall forge or
counterfeit the seal of the courts knowingly
concur III using any such forged or counterfeit
signature or seal for the purpose of authentica-
ting any proceeding or document, or shall tender
in evidence any such proceeding or document
with false counterfeit signature of any such
Judge register other officer, false or cOun-
tcrfeit seal of the court, subscribed or attached
thereto, knowing such signature or seal 10 be
false counterfeit, any such person shall be gull
ty of felony, and upon conviction thereof shall be
liable to a fine of not less than five hundred dol
lars and not more than five thousand dollars,
and TO I've imprisoned not exceeding five years, at
the discretion OF the court.
PENALTIES AGAINST OFFICERS.
SEC 46. 1nd be ii, ,tu,ther enacted, That from and
after the passage OF this act if any debtor or bank
rupt shall, after the commencement of proceed
ingS in bankruptcy, secretc or conceal amy pro-
perty belonging to his estate part with. con-
cca or destroy, alter mutate, or lalSty, or cause
to be concealed, destroyed altered, mutilatrd, or
taieiiigd, any book, deed, document, or writing
relating thereto, or remove, or cause to be reno
we'd, the same or any part thereof, out of the dis
trict, or otherwise dispose or any part thereof,
with intent to prevent it from coming into the |
possession OF the as iTncc i'll bankruptcy, to |
hinder, impede, or delay either of them i'll rpcov-
cring or receiving the same, or make any pay !
mcnt, gift sale. assignment, transfer, convey
aHcc OF any property belonging to his estate with |
the like intent, or spend any part thereof in gam
ing; shall, with intent to drfraud wliuliS and
traudulcntly conceal from his assignee or omit |
from his schedule amy property or effects what |
sucvcr; if i'll case of any person having to his |
knowledge or belief, proved false fictitious |
debt against his estate, he shall fail to disclose
the to his assignee within one month after |
coming TO the knowledge or belief thereof; or |
shall attempt TO account Tor any OF his property |
by fictitious losses or expenses; shall within
three months before the commencement of pro- !
ceedinge IN bankruptcy, under the false color and
Hrctence OF carrying on business and dealing in |
the ordinary corTs, OF trade, obtain On credit from
any person al.j go IDS ciiattels with intent to
dcfaud; or Slal with intent to defraud his cred
itors, within three months next before the com
mencemciIt ~ proceedings in bankruptcy pawn |
pledge, or dIa rose of, otherwise than by bona |
iidc transactions in the ordinary way his trade
any of his goods or chatteiS which have been oh |
tanned on credit and remain unpaid for he shall |
be deemed guilty OF misdemranor, and, upon
conviction thereof in any court OF the United !
States, shall be punished by imprisonment, with |
or without hard labor, for q term not exceeding
three years.
FEES AND COSTS
SEC. II. 1nd je it tt1thcr .n0cted That in each |
case there shall be allowed and paid in addition |
to the fees Of the clerk of the court rs now estab
llshed by law, or may be established by General
order, under the provisions Of this act, for fees
IN bankruptcy, the following fees which shall be
applied to the payment for the services OF the re-
gisters:
For issuing every warrant, two dollars.
For each day in which meeting is held, three |
For each order for divident three dollars
For every order substituting an arrangement |
by trust deed for bankruptcy, two dollars
For every bond with surcties, two dollars
For every supplicaton for any meeting in any |
matter under this act, one dollar.
For every days service while actually employ- |
ed under special order of the court, sum not |
exceeding five dollars, to be allowed by the
court.
For taking dispositions, the fees now allowed
by law. |
For every discharge when there is no opposition.
two dollars.
Such fees shall have priority of payment over
all other claims out of the estate, and before |
warrant issues the petitioner shall deposit with |
the senior register of the court or with the clerk
to be delivered to the register fifty dollars as Sc
curity for the payment thereof; and if there are
not sufficient assets for the payment of the fees
the person upon whose petition the warrant is |
issued shall pay the same, and the court NAV is |
sue an execution against him to compel payment |
to the register.
Before any dividend is ordered the assignee |
snail pay out OF the estate to the messenger the
following fees, and no more:
First. For service of warrant, two dollars.
Second For all necessary travel, at the rate of |
five cents mile, each way.
Third. For each written note to creditor named |
in the schedule, ten cents
Fourth. For custody of property, publication |
OF notices, and other services, his actual and ne
cessary expenses upon returning the same in spe-
cific Items, and making oath that they have been |
actually incurred and paid by him. and are just |
and reasonable, the same to be taxed or adjusted |
ty the court and the oath of the messenger shall |
not be conclusive as to the necessity of said eX-
penseS.
For cause shown, and upon hearing thereon,
such further allowance may be made as the court J
in its discretion, may determine. |
The enumeration of the foregoing fees shall not |
prevent the judges, who shall frame general rules
and orders in accordance with the provisions of |
section ten, from prescribing tariff Offices for all
other services of the officers of courts of bank
ruptcy, from reducing the fees prescribed in |