Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-02-13
HEADQUARTERS.
PETITION FROM WILMINGTON
FOR AN APPROPRIATION
FOR THE RIVER AND
BAR.
BANKRUPTCY RESUMED IN THE
SENATE.

SENATE.
WASHINGTON, February 6-Noon.-
SENATE MIR. Merrimon presented q
petition from the citizens of Whining
ton, n. c., and the Chamber of Com
merce of that city, asking for an ap-
priation of $3.50, 600 to complete the
improvements at the mouth of the
Cape Fear River, which was referred
to the Committee on Commerce.
HoUsE-To-day being private bill
day, a number of private bills were
reported and acted on.
WASHINGTON. Feb. 6-Night.-The
Senate took mp the bankrupt bill, and
resumed the consideration of the
fix the limit of time at ninety days in
which party dishonoring his CONNER
cial paper can be adjndgeda bankrupt,
Yeas Is, nays 20.
The amendment requiring the cred
itors to force debtor to bankruptcy
was rejected.
Mr.. Thurman said the clause pro-
posed to be amended had been subjec-
ted to the severest examination and the
closest criticism by the Committee. and
after the most careful consideration,
one-fourth of the number and one
third of the debts had been agreed
upon.
Other amendments, reported with
four verbal changes, were adopted as
reported by the Judiciary Committee.
The Committees amendments. as
passed by the Senate, fix the time at
forty days, within which period any
banker, broker, trader, merchant, man
ufacturer or dealer, who has stopped
or suspended and not resumed pay
ment of his commercial paper, shall
be deemed bankrupt, and pre-
scribe that the fees, commissions
charged, and allowances, excepting the
actual and necessary disbursements of
and to be made by the officers, agents,
marshals, messengers, assignees and
registers, in cases of bankruptcy, shall
be reduced to one-half of the allow
ance heretofore provided for the JUS
tees of the Supreme Court, who are
to make new rules and regulations in
this respect.
The law empowers the consolidation
of duties of the register, assignee, mar
shall, and clerk, and to reduce the cost
of charges to the end that proximity,
delay, and unnecessary expense may
be avoided.
Mr.. Edmunds offered new amend
ment, comforting Jurisdiction in bank
rupt cases upon any Circuit or Dis
trict Court of the United States. which
was agr ED to. He also offered an
amendment dispensing with personal
service of notice in all cases of claims
not exceeding $50, providing in cases
where the amount should be under
that sum notice could be given by
publication in newspapers; agreed to.
He also offered an additional section
to the bill, providing that it should be
the duty of the Marshal of each Dis
trict, in the month of July of each
year, to report to the Clerk of the
District Court, in tabular TO: m, to
be prescribed by Justices of the SUI
preme Court of the United States
LIST. The number of cases in ban
kruptcy in which warrants have come
to his hands. End. How many of such
warrants were returned, with the fees,
costs, expenses and emoluments
thereof. Sd. The total amount of all
other fees, costs, expenses and emolu-
ments earned and received by him
during the year, from or in respect to
any matters of bankruptcy. 4th. A
summarized statement of such fees,
costs and emoluments, exclusive of
actual disbursements in bankruptcy,
earned or received during the year.
9Th. A summarized statement of all
actual disbursements in such cases,
also requing every Register to report
in like manner, the number of volun-
tary and compulsory cases in bank
ruptcy coming before him during the
year, the amount of assets and liza
bilities of bankrupt, the amount and
rate per cent. of all dividends declar-
ed, the disposition of all such cases;
every assignee is required to make a
similar return, aud the Clerk of such
Court, in the month of August in each
year, is required to transmit to the
Attorney-General report of all cases
pending and disposed of, dividends de-
clared, disposition of cases, whether any
officer has failed to make his report
&c. Any violation of this section
to be punished by dismissal from
office, and the party offending be
guilty of misdemeanor, and upon con-
vlctiOn to be fined not more than $500,
or imprisoned not exceeding one
year. The section was adopted.
Mr.. Thurman offered an amendment
abolishing the office of Register in
Bankruptcy, and authorizing several
District Courts to make such orders
and to take such steps as may be nec-
essary to adiudicate and dispose of all
such matters or proceedings in bank
ruptcy, now pending before such reg
lister, and also giving the District
Courts power, where it may appear to
be necessary or advisable, to appoint
special mater commissioners to per-
form any of the duties heretofore per-
formed by Registers, such power to
be also exercised by Judge in Cham
bers. No fees or compensation shall
be paid to any such committee, except
such as shall be allowed by the Court.
Mr.. Thurman in advocating the
adoption of this amendment said in
three-fourths of the Districts of the
United States, Judges had ample time
to discharge all duties which would
devolve upon them, if the office of
Register in Bankruptcy should be
abolished, and in consideration of the
complaints from all quarters of the
large amounts received by these Off
GERS as fees, he thought it a move in
the right direction to abolish the Office.
The amendment of Mr.. Thurman
had been considered in the Committee
and rejected. In the amendments
agreed upon it is provided for reduc-
ton in fees; to have work. done effectu-
ally under the bankrupt law, it must
be paid for, and he did not think it
advisable to impose this duty upon the
Courts. Pending the discussion on
the amendment to abolish the Office of
register, the Senate, on motion of Mr..
Cameron, went into Executive session.
and after half an hour the doors re-
opened and adjourned.
No combinations were made.
Admiral Wilkes, of the U. 8. Navy,