« ForrigeFortsett »
3 March 1869.
ure to report.
at the expense of the association; and such proof of publication shall be furnished as may be required by the comptroller. And the comptroller shall have power to call for special reports from any particular association, whenever in his judgment the same special reports. shall be necessary in order to a full and complete knowledge of its condition. Any Penalty for failassociation failing to make and transmit any such report shall be subject to a penalty of one hundred dollars, for each day after five days that such bank shall delay to make and transmit any report as aforesaid ; and in case any association shall delay or refuse to pay the penalty herein imposed when the same shall be assessed by the comptroller of the currency, the amount of such penalty may be retained by the treasurer of the United States, upon the order of the comptroller of the currency, out of the interest, as it may become due to the association, on the bonds deposited with him to secure circulation; and all sums of money collected for penalties under this section shall be paid into the treasury of the United States.
71. In addition to said reports, each national banking association shall report to the Ibid. 2 2. comptroller of the currency the amount of each dividend declared by said association, Reports of diviand the amount of net earnings in excess of said dividends, which report shall be dends and net
earnings. made within ten days after the declaration of each dividend, and attested by the oath of the president or cashier of said association, and a failure to comply with the provisions of this section shall subject such association to the penalties provided in the foregoing section.
I. JURISDICTION IN BANKRUPTCY.
41. Right of set-off.
42. Claims of lien-creditors. 1. Original jurisdiction of the district courts. How exercised. 2. Extent of jurisdiction in bankruptcy.
43. Probate of debt to be a waiver of action against the bank.
rupt. Suits at law to be stayed. 3. Powers of the courts
44. Debts due in several rights. 4. Jurisdiction of the circuit courts. How exercised.
45. Before whom probate to be inade. 5. Concurrent jurisdiction. Limitation of actions.
46. How debts to be proved. 6. Courts of the District of Columbia and of the territories,
47. Effect of probate. Circuit court powers.
48. When probate to be postponed. II. REGISTERS.
49. Preferred creditors to surrender their securities. 7. Appointment of registers. Qualifications. Bonds. Oath. 50. Allowance of probate. Attorneys in fact. 8. Powers and duties of registers.
51. Appeal from rejection of probate. 9. Disqualifications. Payment of fees.
52. Surrender of instruments proved. 10. Attendance of registers. Expenses, how paid. 11. Removal. Vacancies, how filled.
VII. SALE OF PERISHABLE PROPERTY, ETC. 12. Opinion of the judge may be taken, on certificate.
53. Sales of perishable property. 13. Special cases. Submission of questions to the court.
51. Sales of property the title to which is in dispute. Proceeil's 14. Protection of parties and witnesses. Process of contempt. to be deemed measure of value. Not to bar actions agailbe 15. Power to administer oaths.
assignee. III. PRACTICE.
VIII. EXAMINATION OF THE BANKRUPT, ETC. 16. Appeals and writs of error from district to circuit courte.
55. Examination of bankrupts. 17. Appeals and writs of error to the supreme court.
66. Of other persons. Process of contempt. 18. General orders.
57. Examination where the bankrupt is disabled from attendIV. VOLUNTARY BANKRUPTCY.
58. Bankrupt to be subject to the order of the court until dis19. Who may be adjudged bankrupt. Petition. Schedules. charged. To execute proper instruments. Inventory. Oath.
59. When default to be excused. 20. Reference to register. Warrant. Notice.
60. Power to amend schedules, 2. Return of warrant. Proceedinge not to abate by death.
61. Examination of bankrupt's wife. V. OF THE ASSIGNMENT.
62. Bankrupts not to be liable to arrest, pendente lite. 22. Choice of assignee. Approval of the jndge.
IX. DISTRIBUTION OF THE BANKRUPT'S ESTATE. 23. Assignee may be required to give bond. Approval. In
63. Creditors to share pro rata. Preference of wages. Suredefault, to be removed. 24. Assignment to be executed. Effect thereof.
ties to make proof of payment. 25. Exempt property. Not to pass by assignment. Chattel
61. General meeting of creditors. Duties of assignee.
65. Dividend to be declared. List of creditors. mortgages not to be affected.
66. Second and final dividends. 26. Choses in action to vest in the assignee. Power to prose cute and defend suits. Certified copy of assignment to be evi
67. Power to sell uncollectable claims. depce. Trust property not to pass.
68. Dividends not to be disturbed by subsequent proof of 27. Notice to be given of intended action against assignee.
claims. Possession of books. Suits not to abate by death or removal 69. Accounts of assignoe, prior to final dividend. Examination
of assignee. of assignee. Power to redeem mortgages, &c. Further assur
70. Compensation of assignee. ancos. 29. Notice of appointment. Assignment to be recorded.
71. Power to order meetings of creditors. Record to be evidence.
72. Priority of debts and claims. 29. Powers of the assignee. Sales. Accounts.
X. OP THE DISCHARGE. 30. Remedies of the assiguee. Muy prosecute pending actions. Suits not to abate by death or removal.
73. Application for discharge. Notice. 31. Deposit of funds. Investments.
74. Conditions of discharge. Onth of bankrupt. 32. Notice of meetings, &c. Compensation. Arbitrations.
75. Discharge on second bankruptcy, when granted. 33. Removal of assignee. Vacancies, how filled. Effect of
76. Opposing creditors.
77. Form of discharge. resignation or removal. Preferred crelitors not to vote for, or be
78. What debts not to be affected by the discharge. chosen as assignees. Process of contempt against assignees.
79. Effect of the discharge. VI. PROBATE OP DEBTS.
80. When the validity of the discharge may be contested. 34. What debts may be proved.
Application. Notice. Decree. 33, Claims in trover. 36. Liabilities as endorser, &c.
XI. FRAUDULENT PREFERENCES AND CONVEYANCES. 87. Contingent liabilities.
81. Preferences given within fonr months to be void. 3x. Clairns of pureties, &c.
82. Fraudulent conveyances avoided. 39. Rents and other periodical payments.
83. Contracts for withdrawal of opposition to be void. Peralty 40. Culiquidatel damages.
for entering into such contract.
XII. PARTNERSHIPS AND CORPORATIONS. 84. Bankrupt partnerships. Probate of debts. Aseignees. Distribution. Separate estates. Joint estates. Discharge. Jurisdiction.
85. Joint stock companies and corporations. Fraudulent conveyances. Distribution.
XIII. INVOLUNTARY BANKRUPTCY. 86. What to be deemed acts of bankruptcy. Petition. 87. Rights of assignee. 88. Proceedings on the petition. Injunctions. 89. Arrest of debtor. 90. Service of order to show canse. 91. Proceedings on return of order. 92. Decree of bankruptcy. 93. Proceedings in default of appearance.
XIV, OF THE SUPERSEDEAS. 94. Proceedings may be superseded by agreement of creditors. Nomination of trustees.
95. Court to confirm. Estate to be conveyed to trustees on filing consent of creditors. Jurisdiction of the court over the trustees. Powers of trustees.
96. Examination of the bankrupt and others. Discharge. 97. When proceedings in bankruptcy to be resumed.
XV. PENAL CLAUSES. 98. Penalty for fraudulent concealment of property, documents, &c. Fraudulent conveyances. Gaming. Fictitious claims and losses. Fraudulently obtaining credit, &c. Punishment on conviction.
99. Punishment of extortion, &c.
XVI. FEES AND COSTS.
103. Tariff of other fees may be established. Fees may be reduced.
XVII. MISCELLANEOUS PROVISIONS. 104. Filing petition to be commencement of proceedings. 105. Records. 106. Affidavits and commissions. 107. Explanation of terms. 108. Computation of time. 109. When act to take effect.
14 Stat. 517.
tion of the district courts.
diction in bank.
I. JURISDICTION IN BANKRUPTCY.(a) 2 March 1867 2 1. 1. That the several district courts of the United States be and they hereby are con
stituted courts of bankruptcy; and they shall have original jurisdiction, in their respecOriginal jurisdic- tive districts, in all matters and proceedings in bankruptcy, and they are hereby
authorized to hear and adjudicate upon the same, according to the provisions of this act.(6)
The said courts shall be always open for the transaction of business under How exercised. this act; and the powers and jurisdiction hereby granted and conferred shall be
exercised as well in vacation as in term time; and a judge sitting at chambers shall have the same powers and jurisdiction, including the power of keeping order and of
punishing any contempt of his authority, as when sitting in court. Extent of juris- 2. The jurisdiction hereby conferred shall extend to all cases and controversies ruptcy.
arising between the bankrupt and any 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 and liquidation of the liens and other specific claims thereon; to the adjustment of the various priorities and conflicting interests of all parties; and to the marshalling and disposition of the different funds and assets, so as to secure the rights of all parties and due distribution of the assets among all the creditors ; (c) and to 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.(d)
3. The said courts shall have full authority to compel obedience to all orders and decrees passed by them in bankruptcy, by process of contempt and other remedial process, to the same extent that the circuit courts now have, in any suit pending therein
Powers of the courts.
(a) The constitution provides that congress shall have power lently confessed a judgment in contemplation of bankruptcy, to establish uniform laws on the subject of bankruptcies through with a view to give a preference to the judgment-creditor, and out the United States. Art. I. sect. 8. Under this clause, the the latter had reasonable cause to believe that such was the inpower to pass bankrupt laws is exclusively in congress. Golden tent, he may be enjoined, either by the district court in bankv. Prince, 3 W.C. C. 313. The bankrupt law of 1841 was a constitu- ruptcy, or in a distinct proceeding in the circuit court. Irving tional exercise of this power. Ex parto Klein, 1 How. 277. The v. Hughes, 16 Am. L. R. 209; and see Ex parte Jacoby, 6 Int. R. constitutional requirement that the system of bankruptcy should Rec. 149; Ex parte Metcalf, Ibid. 223; Ex parte Reed, Ibid. 21 ; be uniform throughout the United States, is fulfilled, if the bank- 8. c. 24 Leg. Int. 196 ; Ex parte Wallace, 2 Bank. Reg. 52; Ex parte rupt law operate uniformly upon whatever would have been lia- Kerosene Oil Co., Ibid. 164; 8. C. 2 Am. L.T. Bank. 79. A district ble to execution, if no such law had been passed, though the sub- court has no power to grant an injunction to stay proceedings in jects of its operation may not be, in all respects, the same in another court, hy reason of the pendency of proceedings in bank. every one of the states. Ex parte Appold, 1 Bank. Reg. 178. 8.0. ruptcy in another state, and before another tribunal.
Ex parte 16 Am. L. R. 624. The object of the act is to compel an equal Richardson, 2 Bank. Reg. 74. A proceeding by the assignee to distribution of the bankrupt’s assets among all his creditors. restrain the suit of a lien-creditor, may be by potition; it is not Morgan v. Mastick, 2 Bank. Reg. 163.
pecessary to file a bill. Ex parte Kerosene Oil Co., 2 Bank. Reg. (b) The jurisdiction of the district courts, sitting as courts of 164. The court will not enjoin a suit in the state court, against bankruptcy, is superior and exclusive, in all matters arising the marshal, for seizing the goods of a third person, under a warunder the bankrupt act. Ex parte Barrow, 1 Bank. Reg. 125. rant against the bankrupt. Ex parte Marks, 2 Bank. Reg. 175. They have full and adequate jurisdiction in all matters relating (d) This does not authorize the district courts to enjoin the to bankruptcy, at law and in equity. Ex parte Bowie, 1 Bank. state courts, or their suitors. Ex parte Campbell, 16 Am. L. R. Reg. 185. The power to pase uniform laws on the subject of 100. Contrà, Ex parte Reed, 24 Leg. Int. 196; 8. c. 6 Int. R. Rec. bankruptcleg, is not limited by the principles on which the Eng- 21: Ex parte Jacoby, Ibid. 149; Ex parte Metcalf, Ibid. 223, A lish bankrupt laws are founded. Ex parte Klein, 1 How. 277. judgment cannot be assailed in the district court, but the Congress has a complete constitutional authority to enact a assignee and creditors must resort to the state court to test its bankrupt law, giving to the district and circuit courts full juris- validity. Ex parte Burns, 16 Am. L. R. 105; and see Atkinson r. diction, in law and equity, Mitchell v. Great Works Milling and Puriy, Crabbe 551. Where there is no conflict of jurisdiction Manufacturing Co., 2 Story 648. They had power, under the con between the officers of the state courts and court of bankruptcy, stitution, to bring all parties, estates and interests connected the latter will not interfere with its summary process, to prevent with a bankrupt, into the district court for adjudication; but by such conflict. Ex parte Davidson, 2 Bank. Reg. 49. A court of the act of 1867 they have not done so. Ex parte Campbell, 16 bankruptcy has power to dispose of the encumbered property of Am. L. R. 100; Ex parte Burns, Ibid. 105. The district courts the bankrupt in any manner deemed best for the interest of all have power to order a sale of mortgaged property, discharged of concerned. Ex parte Salmons, 2 Bank. Reg. 19; Dwight v. Ames, the encumbrances. Dwight v. Ames. 2 Bank. Reg. 147.
Ibid. 147. Its jurisdiction, however, to sell real estate and pay (c) The district court may ascertain and liquidate a prior lien off liens, is not exclusive. Ex parte Bowie, 1 Bank. Reg. 185. A on the bankrupt's property. Ex parte Winn, 1 Bank. Reg. 131. creditor may petition the court for relief, to be paid a judgment A claim for damages for a collision against a vessel in the hands against the bankrupt, out of moneye in the hands of the assignee; of the assignee. inust be determined in bankruptry. Ex parte but the proper way to bring the creditor into the case is by petiPeople's Mail Steamship Co., 2 Bank. Reg. 170. It will not re- tion, not by motion. Ex parte Smith, 2 Bank. Reg. 98. The strain the proceedings of a bona fide lien-creditor for the collec- conrt has power to supersedo the proceedings in bankruptcy, tion of his debt. Ex parte Donaldson, 16 Am. L. R. 213. But in with the consent of the creditors. Ex parte Miller, 1 Bank. Reg. case of involuntary bankruptcy, is the bankrupt have fraudu. 105; Ex parte Sherburno, Ibid. 155; Morris's Estate, Crabbe 70.
2 March 1867.
14 Stat. 518.
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 they shall have given notice, as well as at the places designated by law for holding such courts.
4. The several circuit courts of the United States, within and for the districts where Ibid. & 2. the proceedings in bankruptcy shall be pending, shall have a general superintendence Jurisdiction of and jurisdiction of all cases and questions arising under this act; (a) and except when the circuit special provision is otherwise made, may, upon bill, petition or other process, of any party aggrieved, hear and determine the case in a court of equity.(6) The powers and low exercised. jurisdiction hereby granted may be exercised either by said court, or by any justice thereof, in term time or vacation.
5. Said circuit courts shall also have concurrent jurisdiction with the district courts Concurrent jurisof the same district, of all suits at law or in equity, which may or shall be brought by the assignee in bankruptcy against any person claiming an adverse interest, or by such person against such assignee, touching any property or rights of property of said bankrupt transferable to or vested in such assignee; but no suit at law or in equity shall Limitation of
actions. in any case be maintainable by or against such assignee, or by or against any person claiming an adverse interest, 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 accrued, for or against such assignee :(c) Provided, that nothing herein contained shall revive a right of action barred at the time such assignee is appointed.
6. All the jurisdiction, power and authority conferred upon and vested in the district Ibid 2 49. court of the United States by this act, in cases in bankruptcy, are hereby conferred Courts of the disupon and vested in the supreme court of the District of Columbia, and in and upon the trict and territosupreme courts of the several territories of the United States, when the bankrupt resides in the said District of Columbia or in either of the said territories. And in those Circuit court judicial districts which are not within any organized circuit of the United States, the power and jurisdiction of a circuit court in bankruptcy may be exercised by the district judge.
II. REGISTERS. 7. It shall be the duty of the judges of the district courts of the United States, within 2 March 1867 & 3. and for the several districts, to appoint in each congressional district in said districts, upon the nomination and recommendation of the chief justice of the supreme court of Aprwintment of the United States, one or more registers in bankruptcy, to assist the judge of the district court in the performance of his duties under this act. No person shall be eligi- Qualifications. ble to such appointment unless he be a counsellor of said court, or of some one of the courts of record of the state in which he resides. Before entering upon the duties of Bonds. his office, every person so appointed a register in bankruptcy shall give a bond to the United States, with condition that he will faithfully discharge the duties of his office, in a sum not less than one thousand dollars, to be fixed by said court, with sureties satisfactory to said court, or to either of the said justices thereof; and he shall, in open court, take and subscribe the oath prescribed in the act entitled “An act to prescribe Oath. an oath of office, and for other purposes," approved July 2d 1862,(d) and also that he will not, during his continuance in office, be, directly or indirectly, interested in or benefited by the fees or emoluments arising from any suit or matter pending in bankruptcy, in either the district or circuit court in his district.
8. Every register in bankruptcy, so appointed and qualified, shall have power, and Ibid. 24. it shall be his duty to make adjudication of bankruptcy; to receive the surrender of Powers and duany bankrupt; (e) to administer oaths in all proceedings before him ; to hold and ties of registers. preside at meetings of creditors; to take proof of debts; to make all computations of dividends, and all orders of distribution, and to furnish the assignee with a certified copy of such orders, and of the schedules of creditors and assets filed in each case ; to audit and pass accounts of assignees; to grant protection; to pass the last examina
(a) Nn appeal lies to the circuit court from an adjudication of within that category all decisions of the district court, or of the bankruptcy. Ex parte O'Brien, 6 Int. R. Rec. 182. Nor on any district judge at chambers, which cannot be reviewed upon apother question arising in the course of the proceedings. Ex parte peal or writ of error, under that section. Ex parte Alexander, 2 Reed, 2 Bank. Reg. 2; Ruddick v. Billings, 3 Bank. Reg. 14. Am. L. T. Bank. 81. R. C. 17 Am. L. R. 423. 3 Bank. Reg. 6.
(6) Any creditor who considers himself aggrieved by the dis- (c) This has no application to a cause of action arising in favor charge of a bankrupt, has a right to be heard in the circuit court, of the assignee for injury to property, or a disseisin of lands hy bill or petition. Ruddick v. Billings, 3 Bank, Reg. 14; and veated in him by the proceedings. Stevens v. Hauser, 39 N. Y. see Irving v. Hughes, 16 Am. L. R. 209; Langley v. Perry, 2 302. See Parks v. Tirrell, 5 Allen 15. Bank. Reg. 180; 8. c. 17 Am. L. R. 427. The circuit court has (d) See tit. “Oaths," 1. jurisdiction of a bill in equity brought by the assignee to redeem (e) The register may receive a surrender of the bankrupt's å chattel mortgage; Dwight v. Ames, 2 Bank. Reg. 147; and may effects. As soon as the party has been adjudged a bankrupt. Ex enjoin a sale under a power contained in the mortgage. Ibid. parte Hasbrouck. 1 Ben. 402. And appoint a watchman to take The only construction which gives due effect to all parts of the care of the property, at the expense of the estate. act relating to revisory jurisdiction, seems to be that, which, on Bogert, 2 Bank. Reg. 178. The court will grant an order for an the one hand, excludes from the category of general superin- immediate surrender of the assets to the resister, and the appoint. tendence and jurisdiction of the circuit court the appellate juris- ment of a proper custodian. Ex parte Shaler, 2 Bank. Reg. 178. diction defined by the 8th section; and in the other, brings
2 March 1867. tion of any bankrupt, in cases whenever the assignee or a creditor do not oppose; and
to sit in chambers and despatch there such part of the administrative business of the court and such uncontested matters as shall be defined in general rules and orders, or as the district judge shall, in any particular manner, direct; (a) and he shall also make short memoranda of his proceedings, in each case in which he shall act, in a docket to be kept by him for that purpose, and he shall forthwith, as the proceedings are taken, forward to the clerk of the district court a certified copy of said memoranda, which shall be entered by said clerk in the proper minute-book to be kept in his office; and any register of the court may act for any other register thereof: Provided, however, That nothing in this section contained shall empower a register to commit for contempt, or to hear a disputed adjudication, or any question of the allowance or suspension of an order of discharge; but in all matters where an issue of fact or of law is raised and contested by any party to the proceedings before him, it shall be his duty to cause the question or issue to be stated by the opposing parties in writing, and he
shall adjourn the same into court, for decision by the judge.(b) Disqualifications. 9. No register shall be of counsel or attorney, either in or out of court, in any suit
or matter pending in bankruptcy in either the circuit or district court of his district, nor in an appeal therefrom ; nor shall he be executor, administrator, guardian, come missioner, appraiser, divider, or assignee of or upon any estate within the jurisdiction
of either of said courts of bankruptcy, nor be interested in the fees or emoluments Payment of fées. arising from either of said trusts. The fees of said registers, as established by this
act, and by the general rules and orders required to be framed under it, shall be paid to them by the parties for whom the services may be rendered, in the course of pro
ceedings authorized by this act. (c) Ibid 25.
10. The judge of the district court may direct a register to attend at any place within Attendance of
the district, for the purpose of hearing such voluntary applications under this act as registers. may not be opposed, of attending any meeting of creditors, or receiving any proof of
debts, and generally, for the prosecution of any bankruptcy or other proceedings under Expenses, how this act; (d) and the travelling and incidental expenses of such register, and of any paid.
clerk or other officer attending him, incurred in so acting, shall be settled by said court in accordance with the rules prescribed under the tenth section of this act, and paid out of the assets of the estate in respect of which such register has so acted ; or if there be no such assets, or if the assets shall be insufficient, then such expenses shall form a part of the costs in the case or cases in which the register shall have acted in such journey, to be apportioned by the judge ; and such register, so acting, shall have and exercise all powers, except the power of commitment, vested in the district court
for the summoning and examination of persons or witnesses, and for requiring the Depositions. production of books, papers and documents: Provided always, That all depositions of
persons and witnesses taken before said register, and all acts done by him, shall be reduced to writing and signed by him, and shall be filed in the clerk's office as part of
the proceedings. Removal. 11. Such register shall be subject to removal by the judge of the district court; and Vacancies, how all vacancies occurring by such removal, or by resignation, change of residence, death
or disability, shall be promptly filled by other fit persons, unless said court shall deem
the continuance of the particular office unnecessary. Ibid. 26.
12. Any party shall, during the proceedings before a register, (e) be at liberty to
take the opinion of the district judge upon any point or matter arising in the course (a) Registers have the same powers as the district judge, where examination of the bankrupt, the register's fee for such examinthere is no contest. Ex parte Gettleson, 1 Bank. Roz. 170; Ex ation must be paid by the creditor in the first instance. Ex parte Lanier, 2 Bank. Reg. 59; Ex parte Brandt, Ibid. 76. They parto Mackintire, 1 Ben. 277. But a creditor is only bound to
ay allow an amendment of the schedules. Ex parto Morford, 1 pay the expenses of his own examination; the bankrupt, inaking Pen. 267; Ex parte Perry, 1 Bank. Reg. 2; Ex parto Watts, 2 further statements, after the creditor's examination is closed, Bank. Reg. 145; 8. c. 2 Am. L. T. Bank. 74. The register may. of must pay his own expenses. Ex parto Mealy, 2 Bank. Reg. 51; his own motion, after an adjudication of bankruptey, order the and seo Ex parte Moorhead, Ibid. 1. If the assignee examine bankrupt to amend his petition. Ex parte Orne, i Ben. 420. On the bankrupt before the register, he must pay the costs of the a question of auljournment, he must exercise a legal discretion; examination, which, if he be without funds. must be advanced or but, subject to this rule, he has entire legal control of cases be- secured by the creditors. Ex parte lughos, 1 Bank. Reg. 9. A fore him. Ex parte II yman, 2 Bank. Reg. 107. le may make creditor's petition for an adjudication of bankruptcy against the an order for a final discharge, when there is no opposition. Ex estate of a debtor, is the same as a creditor's bill against a de parte Bellamy, 1 Ben. 423. But he has no authority to decide ceased insolvent; all creditors must contribute pro rata to the questions arising front objections properly urged against the expenses of the suit; whether counsel fees shall be allowed, is in bankrupt’s discharge. Ex parte Puffer, 2 Bank. Reg. 17. He the discretion of the court. Ex parte Williams, 2 Bank. Reg. 2. may order the payment of fees and expenses incurred in a case, (d) Where an execution-ereditor has been delayed by an injuncout of assets in the hands of the assignce. Ex parte Lano, 2 tion out of the district court in bankruptcy, be is entitled to a Bank. Reg. 100.
summary hearing at any time after the execution of the assign. (b) It must be an issue of fact or law actually raised and ex. ment. Ex parte Hafer, 1 Bank. Reg. 163; 8. c. 25 Leg. Int. 164. isting, and one which has arisen out of proceedings which have (e) If the party argue and submit the question to the judg. taken place; not one likely to arise, or which may be raised there- ment of the register, he waives his right to a certificate; after a
Ex parte Pulver, i Bon. 381. A creditor's opposition to decision by the register, there is no issue to certify. Ex parte an application for leave to amend the schedules does not raise Patterson, 1 Ben. 418. No opinion will be given on an abstract buch issue. Ex parte Watts, 2 Bank. Reg. 145; 8. C. 2 Am. L. T. question certified to the judge. Ex parte Sturgeon, 1 Bank Res. Bank. 74.
131. A question, in order to be properly certified to the judge, (C) The party for whom services are performed by the oMcers must arise regularly in the course of the proceedings before ibe of the court must pay the food incident to such services. Ex register, and between parties having the legal right to raise it. parto Mealy, 2 Bank. Reg. 51. When a creditor applies for an Ex parte Wright, 1 Bauk. Reg. 91.
2 March 1867.
15 Stat. 2.9.
of such proceedings, or upon the result of such proceedings,(a) which shall be stated by the register in the shape of a short certificate to the judge, who shall sign the same opinion of the if he approve thereof; and such certificate, so signed, shall be binding on all the par- judge may be
taken, on certifi. ties to the proceeding; but every such certificate may be discharged or varied by the cute. judge at chambers or in open court.
13. In any bankruptcy, or in any other proceedings within the jurisdiction of the Special cases. court under this act, the parties concerned, or submitting to such jurisdiction, may at any stage of the proceedings, by consent, state any question or questions, in a special case, for the opinion of the court; and the judgment of the court shall be final, unless it be agreed and stated in such special case that either party may appeal, if, in such case, an appeal is allowed by this act. The parties may also, if they think fit, agree, Submission of
the question or questions raised by such special case being finally decided, a questions to the sum of money, fixed by the parties, or to be ascertained by the court, or in such manner as the court may direct, or any property, or the amount of any disputed debt or claim, shall be paid, delivered or transferred by one of such parties to the other of them, either with or without costs. 14. Parties and witnesses summoned before a register shall be bound to attend in
Ibid 7. pursuance of such summons at the place and time designated therein, and shall be protection of entitled to protection, and be liable to process of contempt, in like manner, as parties parties and witand witnesses are now liable thereto in case of default in attendance under
writ of subpoena ;(6) and all persons wilfully and corruptly swearing or affirming falsely tempt. before a register shall be liable to all the penalties, punishments and consequences of perjury. If any person examined before a register shall refuse or decline to answer, or to swear to or sign his examination when taken, the register shall refer the matter to the judge, who shall have power to order the person so acting to pay the costs thereby occasioned, if such person be compellable by law to answer such question or to sign such examination, and such person shall also be liable to be punished for contempt.(c)
15. Registers in bankruptcy shall have power to administer oaths, in all cases and 27 July 1969 2 3. in relation to all matters in which oaths may be administered by commissioners of the circuit courts of the United States; (d) and such commissioners may take proof of debts Power to minin bankruptcy in all cases, subject to the revision of such proofs by the register and by the court, according to the provisions of said act.
III. PRACTICE. 16. Appeals may be taken from the district to the circuit courts in all cases in 2 March 1867 2 8. equity, and writs of error may be allowed to said circuit courts from said district courts in cases at law, under the jurisdiction created by this act, when the debt or damages Appeals and claimed amount to more than five hundred dollars; and any supposed creditor, whose from district to claim is wholly or in part rejected, or an assignee who is dissatisfied with the allowance circuit courts. of a claim, may appeal from the decision of the district court to the circuit court from the same district; (e) but no appeal shall be allowed in any case from the district to the circuit court, unless it is claimed, and notice given thereof to the clerk of the district court, to be entered with the record of the proceedings, and also to the assignee or creditor, as the case may be, or to the defeated party in equity, within ten days after the entry of the decree or decision appealed from.(g) The appeal shall be entered at the term of the circuit court which shall be first held within and for the district, next after the expiration of ten days from the time of claiming the same. But if the appellant, in writing, waives his appeal before any decision thereon, proceedings may be had in the district court as if no appeal had been taken ; and no appeal shall be allowed unless the appellant, at the time of claiming the same, shall give bond in manner now required by law in case of such appeals. No writ of error shall be allowed unless
(a) It must be a point or matter which has arisen in the courge arising in the progress of a case in bankruptcy, into the circuit of proceedings which have taken place, or a point or matter court; the only way that the circuit court can exercise its sui **p. which has arisen upon and after the result of proceedings which visory jurisdiction in such cases, is, by a petition addressed to the have taken plare: not a point or matter likely to arise, or which circuit court, stating clearly and specifically the point or quonio may be raised thereafter, or after a result shall have been arrived tion decided in the district court, that the petitioner is aggrieval at. Ex parte Pulver, 1 Ben. 381. As to what questions may be thereby, and praying the circuit court to review and reverse the certified under this section, see Ex parte Pulver. ut supra; Ex decision of the court below. Ex parte Reed, 2 Bank. Reg. 2; 1x parte Patterson, 1. Ben. 448; Ex parte Levy. Ibid. 196; Ex parte parte O'Brien, 6 Int. R. Rec. 182: Ruddick v. Billings, 3 Bark. Patterson, Ibid. 544; Ex parte Fredenburg, 1 Bank. Reg. 31. Reg. 14. The appellate jurisiliction, strictly so called, conferred
(6) No jud. ment can be rendered against a third person, for upon the circuit courts, is limited to controversies betwan contempt in disobeying an injunction issued in aid of the pro- assignees and the claimants of adverse interests, and to contru. ceedings in bankruptcy, without distinct proceedings against versies between assignees and creditor-claimants, touching the him, other than those in bankruptcy. Creditors v. Cozzens, 2 allowance of claims. Ex parte Alexander, 2 Am. L. T. Bauk. 81; West. Jur. 319; 8. c. 16 Pitts. L. J. 236.
s. c. 17 Am. L. R. +23; 3 Bank. Reg. 6. And see Ex parte The (c) A bankrupt is not required to answer a question which New York Kerosene Oil Co.. 2 Balt. L. Tr. 883. No appeal line may subject him to a criminal prosecution. Ex parte Patterson, 1 from a subsequent award of execution for costs against a creditor Ben, 544.
whose claim has been rejecter; the appeal must be from the (d) Ex parte Walker, 1 Bank. Reg. 67; Ex parte Deane, 2 order refusing to allow the claim. Ex parte kyler, 3 Bank. Reg. Bank. Reg. 29.
11. (e) An appeal is not the proper method to take a question (g) Sce Ex parte Kylor, 3 Bank. Reg. 11.
11 Stat. 320.