Cornell university Library 
 KF 15111867 
 Manual of theaS-Bang^^^^ 
 
 Cornell University Law Library 
 
 The Moak Collection 
 
 PURCHASED FOR 
 
 The School of Law of Cornell University 
 
 And Presented February 14, 1893 
 IN nenoRY of 
 JUDGE DOUGLASS BOARDMAN 
 
 FIR3T DEAN OF THE SCHOOL 
 
 By his Wife and Daughter 
 A. M. BOARDMAN and BLLBN D. WILLIAMS 
 
BANKKUPTCY, I., II. 
 
 iSankruptcg. 
 
 I 
 
 ikiupfe 
 
 I. 
 II. 
 
 III. 
 
 IV. 
 V. 
 
 VI. 
 
 VII. 
 
 VIII. 
 
 IX. 
 
 X. 
 
 XI. 
 
 " 5gi. 
 
 XIII. 
 XIV. 
 
 XV. 
 
 XVI. 
 
 XVII. 
 
 XVIII. 
 
 XIX. 
 
 General principles. 
 Jurifdidtion in bankruptcy. 
 What is an aft of bankruptcy. 
 Effeft of an aft of bankruptcy. 
 Of the petition. 
 
 (a) Yoliiniary banhi'upicy. 
 
 (h) Involuntary hankruplcy. 
 EfFeft of the inftitution of proceedings. 
 CommiHioners in bankruptcy. 
 Evidence. 
 
 Praftice in bankruptcy. 
 Of the decree. 
 Of the difcharge. 
 EfFeft of the difcharge. 
 What property vefts in the aflignee. 
 Wliat may be allowed to a difcharged 
 
 bankrupt. 
 Rights and liabilities of affignees. 
 Suits by and againft affignees. 
 Probate of debts. 
 Diftribution. 
 Colls. 
 
 1. General principles. 
 
 1. The English rule that an assignee in bank- 
 ruptcy is vested with the personal property of 
 the bankrupt in a foreign country, and which 
 i^ecognises the title of a foreign assignee to pro- 
 perty in that country, does not prevail in the 
 United States. Booth v. Clarlc, 17 H. 322. 
 
 2. The preference of the United States in 
 cases of bankruptcy and insolvency, extends to 
 all its debtors, tfnited States v. Fisher, 2 Cr. 358. 
 
 3. The United States are entitled to a prefer- 
 ence, though the debt was contracted in a 
 foreign country, and the government proved the 
 same under the commission, and voted for an 
 assignee. Harrison v. Sterry, 5 Cr. 289. 
 
 4. The bankrupt law of a foreign country 
 cannot operate a legal transfer of property here. 
 Ibid. 
 
 5. A discharge under a foreign bankrupt law, 
 is no bar to an action on a contract made in this 
 country. McMillan v. McNeill, 4 Wh. 209. 
 
 6. If the bankrupt himself be one of the as- 
 signees of the estate, he may discharge a debtor 
 thereto, on the receipt of negotiable paper. 
 Bandon v. Tohy, 11 H. 493. 
 
 7. If the character of a claim in favor of a 
 bankrupt be so indistinctly stated in his schedule 
 as to give no information of its value, and the 
 bankrupt himself, in the name of a third person, 
 purchase from the assignee at a public sale, all 
 his effects, for a nominal sum, this is a fraud on 
 the bankrupt law, and void. Clark v. Clark, 
 17 H. 315. 
 
 See Conflict op Laws, VI. 
 
 CoNsiiT|;Tio:.AL.LAy,^^ja;^ 
 
 II. Jurisdiction in bankruptcy 
 
 8. Extent of the jurisdiction in bankrupt] 
 under the act of 1800. Sands' Case, 1 U.' 
 Law J. 15. Lucas v. Morris, 1 Pa. 396. MoiM '. 
 Estate, Crabbe 70. • 
 
 9. The district courts could not remove ti 
 assignees, or compel them to account. LuMk^ } 
 Morris, 1 Pa. 396. See 1 U. S. Law J. 3llpi 
 
 10. Such jurisdiction was, however, vestea J 
 the circuit court. Ibid. .,5, 
 
 11. The district courts had power to sui 
 sede a commission of bankruptcy after the rej 
 of the act. Morris' Estate, Crabbe 70. 
 
 12. In all cases arising under the bankt" 
 law of 1841, the circuit and district courts 1 
 concurrent jurisdiction. McLean v. La/ay, 
 Bank, 3 McL. 185. s. c. 13 H. 151. 
 
 13. The circuit court had jurisdiction of 
 cases in which a suit was brought by or agaffl 
 the assignee of a bankrupt. Ibid. 
 
 14. The district and circuit courts wer^ia 
 sessed of the full jurisdiction of courts of e^i^^ 
 over all subject-matters arising in bankrup||0' 
 Ex parte Foster, 2 St. 131. Mitchell v. Ori^ 
 Works Milling and Manufacturing Co., Ibf 
 648. Ex parte Martin, 5 Law Rep. 158. 
 
 15. The circuit court exercised jurisdicti(*j| 
 cases of alleged fraud, over distinct intej 
 and parties, to adjust liens and make distrjtt' 
 tion. McLean v. Lafayette Bank, 3 McL. 5ffi| 
 
 16. The circuit court had no jurisdiction oil , 
 bill, at the suit of a creditor who had proved i|'"j 
 debt, to set aside the discharge, on the grouii' 
 of fraud ; the district court alone was compel^ 
 to grant relief. Commercial Bank of Manch^' ' 
 V. Buckner, 20 H. 108. E"] 
 
 17. The circuit court had jurisdiction of a s'-, j 
 by an assignee in bankruptcy on a note in fa^|j 
 of the bankrupt. Pritchard y. Chandl^^U 
 Curt. 488. ^ 
 
 18. The district court had jurisdiction of'tk^ 
 action by an assignee in bankruptcy to recQ 
 a balance due the bankrupt as factor. Keldj 
 Smith, 1 Bl. C. C. 290. 
 
 19. In bankruptcy the jurisdiction depenl 
 on the subject-matter, not upon the pa 
 Ibid. 
 
 20. In what manner a question must be i 
 fled to the circuit court, in order to confer j^ 
 diction on it. Ex parte Marsh, 6 Law Rep.'6'^' 
 
 21. The circuit court had no authority to efj 
 tertain questions in bankruptcy, adjourned fro^ 
 the district court, unless they were distino 
 raised. Ex parte Grant, 5 Law Rep. 303. 
 
 22. The district judge could not sit onl 
 question adjourned into the circuit court. Ni 
 son V. Carland, 1 H. 265. In re Castleinan, Ibic 
 281. Collins v. Blyth, Ibid. 282. 
 
 23. No appeal lay from the decision of tH 
 circuit court; and it was conclusive upon th 
 district judge. Ibid. s. p. Ex parte Christ 
 3 II. 292. Crawford v. Poi7its, 13 H. 11. #; 
 
 'a -ieeiver Jasb||n jlBiiKty', 
 
BANKKUPTCY, II., III. 
 
 ^editor's bill, and the debtor is subsequently 
 iclared a bankrupt, an application for the deli- 
 jry of the estate, by the receiver to the assignee 
 lankruptcy, should be made to the court of 
 hancery. Ex parte Waddell, 1 N. Y. Leg. 
 )bs. 53. 
 !5. The district courts had power to determine 
 validity of a mortgage, alleged to exist on 
 property of the bankrupt. Ex parte Clirishj, 
 fl. 292. Nugent v. Boyd, Ibid. 426. 
 !6. The courts had power to decree the sale 
 
 H8P the mortgaged property of a bankrupt, dis- 
 flisarged of the mortgage ; and to marshal the 
 l^oceeds according to the priorities of the par- 
 3 in interest. Houston v. City Bank of New 
 'leans, 6 H. 486. 
 
 27. The lieu of a judgment-creditor, with 
 
 ^tice, was divested by such sale ; and he was 
 
 Bund by the decree of distribution. Fowler v. 
 
 Wart, 13 H. 373. 
 
 ■".8. The district courts had no power to decree 
 
 it a lien acquired by the service of an attaoh- 
 
 ;gnt on mesne process, out of a state court, was 
 
 iivalid. Peclc v. Jenness, 7 H. 612. Colby v. 
 eddeti. Ibid. 626. 
 ,29. The federal courts, under the bankrupt 
 w had power to grant injunctions without 
 Yvioe. Ex parte Smith, 1 N. Y. Leg. Obs. 291. 
 jx parte Carlton, Ibid. 292. s. c. 5 Law Hep. 
 
 RSO. What was such residence as conferred 
 *&isdiction on the district court, on the petition 
 (f_^a bankrupt. Ex parte Kinsman, 1 N. Y. 
 |eg. Obs. 309. 
 
 31. Proceedings in bankruptcy could be insti- 
 led against a member of a firm, either in the 
 j^trict where he resided, or where the partner- 
 
 Viip was established. Ex parte Hall, 5 Law 
 Rep. 269. 
 
 32. The court first acquiring jurisdiction re- 
 tained it over all the partners, and all their 
 Woperty joint and several. Ibid. 
 
 i 33. The jurisdiction, under the bankrupt law, 
 vas not confined to oases originally brought in 
 Ihe court from which relief was sought. Ex 
 parte Martin, 5 Law Rep. 158. 
 ^ 54. What was such a trading or retailing of 
 fciefchandise as would support an adversary ap- 
 plication for a decree in bankruptcy. Ex parte 
 Eeles, 5 Law Rep, 273. s. c. 1 N. Y. Leg. Obs. 
 S4. Ex 2}arte Hoyt, Ibid. 132. Baldwin v. 
 Siosseau., Ibid. 390. Hall v. Coolq/, 3 N. Y. Leg. 
 Obs. 282. Wakeman v. Hmjt, 5 Law Rep. 309. 
 . 85. Any pnrHon engaged in business requiring 
 Hie purchase of artich^M to be sold nsain, either 
 in the same, or in an improved shape, used "the 
 trade of mcrchandi.'<e," within the meaning of 
 the bankrupt law. Wakeman v. Hoyt, 5 Law 
 Rep. 309. 
 
 36. A livery-stable keeper was not liable to be 
 proccfidod against as a trader under the bank- 
 rupt law. Hall V. Coolly, 3 N. Y. Log. Obs. 282. 
 .31iJLti'iider who had withdrawn from busi- 
 
 ness might be proceeded against in inviium, on 
 debts contracted whilst he was in trade. Everett 
 V. Derby, 5 Law Rep. 225. 
 
 38. By the filing of a petition for the benefit 
 of the bankrupt law, the court acquired jurisdic- 
 tion over the property of the bankrupt. Ex 
 parte Harris, 3 N. Y. Leg. Obs. 152. 
 
 39. And might order a sale, with his consent, 
 before decree. Ex parte Vila, 5 Law Rep. 17. 
 
 40. A debt payable infuturo would support a 
 decree. Ex parte King, 1 N. Y. Leg. Obs. 276. 
 
 41. A debt of a petitioning-creditor, not yet 
 due, would support an adverse decree. Ex parte 
 Tower, 1 N. Y. Leg. Obs. 8. s. c. 5 Law Rep. 214. 
 
 42. A debt contracted prior to the passage of 
 the act, was within its operation, and would sup- 
 port an adverse decree. Ex parte Hull, 1 N. Y. 
 Leg. Obs. 1. 
 
 43. The word insolvency in the act, as applied 
 to voluntary applications, meant inability to 
 meet engagements. Ibid. 
 
 44. But as applied to compulsory proceedings 
 it meant the bankruptcy of the debtor as desig- 
 nated by the act. Ibid. Ex parte Johnson, Ibid. 
 166. 
 
 45. Effect of the passage of the bankrupt law 
 upon cases pending under the state insolvent 
 laws. Ex parte Holmes, 1 N. Y. Leg. Obs. 211. 
 s. c. 5 Law Rep. 360. Ex parte Eames, 2 St. 
 322. 
 
 46. If the petitioning-creditor's debt appeared 
 to be less than $500, the case was dismissed 
 for want of jurisdiction. Culver v. Calender, 5 
 Law Rep. 125. 
 
 III. What is an act of bankruptcy. 
 
 47. The execution of a deed on the 30th May 
 1800, which would have amounted to an act of 
 bankruptcy after the 1st June LSOO, when the 
 bankrupt law went into operation, did not have 
 such effect, by reason of its being acknowledged 
 and recorded on the 14th June following. Wood 
 V. Owings, 1 Or. 239. 
 
 48. The performance of certain formalities, 
 requisite to complete an imperfectly executed 
 transfer, is not an act of bankruptcy. Ex parte 
 Potts, Crabbe 469. 
 
 49. What is such a fraudulent assignment, as 
 amounts to an act of bankruptcy. Ex parte 
 Tower, 1 N. Y. Leg. Obs. 8. s. c. 5 Law Rep. 
 214. 1 Penn. L. J. 209. Jones v. Sleeper, 2 N. 
 Y. Leg. Obs. ]:U. Ex jiarte I'liila. Crabbe 469. 
 Ex parte Shoiisc, Ibid. 482. Van Kleech v. 
 Thnrha-, 1 Pcnn. L. J. 402. 
 
 50. An assignment by an insolvent firm, with 
 preferences, is an act of bankruptcy. Ex parte 
 Galhrailh, 1 N. Y. Log. Obs. 5, n. Ex parte 
 Hoyt, Ibid. 132. B(ddwin v. Bosscau, Ibid. 39' 
 Ex parte Brenanan, Crabbe 456. Ex parte 
 Toiver, I Pcnn. L. J. 209. s. c. 5 Law Rep. 214. 
 Wnkeman v. Hoyt, Ibid. 310. 
 
 51. A conveyance, by a trader, of the whole 
 of his propstt^Js an act of bankruptcy, though 
 
BANKRUPTCY, III., IV. 
 
 &' 
 
 Y'ithout preferences. Jojies v. Sleeper, 2 N. 
 Y. Leg. Obs. 131. Gassett v. Morse, 3 N. Y. 
 Leg. Obs. 350. Coutril, Anon., 1 Ponn. L. J. 
 323. 
 
 ^''2. A partial assignment is not an act of 
 bankruptcy, unless made voluntarily and in 
 contemplation of bankruptcy. Gassett v. Morse, 
 3 N. Y. Leg. Obs. 350. Ex parte Ptarce, 6 Law 
 Rep. 261. s. p. McLean r. Lafayette Bank, 3 
 McL. 587. 
 
 53. A bond fide transfer of a security, if made 
 contemporaneously with the receipt of an ad- 
 vance of money, is not an act of bankruptcy. 
 Ex parte Shouse, Crabbe 482. 
 
 54. The giving of a mortgage to a particular 
 creditor, in contemplation of bankruptcy, and 
 for the purpose of giving him a preference, is 
 an act of bankruptcy. Arnold v. Maynard, 2 
 St. 349. 
 
 55. The giving of such security is not, per se, 
 an act of bankruptcy, unless done willingly or 
 fraudulently ; and it is not fraudulent, if given 
 to a bond fide creditor, unless the debtor con- 
 templated bankruptcy. Btickingham v. McLean, 
 13 H. 152. Ex parte Bonnet, 1 N. Y. Leg. Obs. 
 310. Jones v. Sleeper, 2 N. Y. Leg. Obs. 131. 
 Dennett v. Mitchell, fi Law Rep. 16. Contr^, 
 Arnold v. Maynard, 2 St. 349. Morse v. Godfrey, 
 3 St. 364. Everett v. Stone, Ibid. 446. Winsor 
 V. Kendall, Ibid. 507. Peckham v. Burrows, Ibid. 
 544. Asliby v. Steere, 2 AY. & M. 347. Eutchms 
 V. Taylor, 5 Law Rep. 289. Wakeman v. Hoyt, 
 Ibid. 310. Atkinson v. Farmers' Bank, Crabbe 
 529. McLean v. Lafayette Bank, 3 McL. 185. 
 McLean v. Eockey, Ibid. 235. Ex parte Gar- 
 wood, Crabbe 516. ' 
 
 56. A power of attorney to confess judgment, 
 is a security within the meaning of the 2d sec- 
 tion of the act of 1841. Buckingham v. McLean, 
 13 H. 152. See Ex parte Bonnet, 1 N. Y. Leg. 
 Obs. 310. 
 
 57. Creditors who have executed releases ac- 
 cording to the terms of a voluntary assignment, 
 are deemed to have been thereby preferred over 
 others who have not released. Ex parte Aspirv- 
 tcall, 3 Penn. L. J. 212, 380. 
 
 58. An assignment fraudulent in law, though 
 not in fact, is an act of bankruptcy. Wakeman 
 V. Soyt, 5 Law Rep. 310. 
 
 59. The dissolution of a partnership, and the 
 .transfer by one member, of all his interest in it, 
 to his copartner, is not an act of bankruptcy, 
 though he have no other property. Ex parte 
 Shouse, Crabbe 482. 
 
 60. Otherwise, if the object of the transfer be 
 to conceal a fraud. Ibid. 
 
 61. To render a confession of judgment an 
 act of bankruptcy, it must not only have been 
 intended as a preference, but must have been 
 also given in contemplation of bankruptcy. 
 Atkinson v. Farmers' Bank, Crabbe 529. 
 
 02. What is a procuring of oneself to be 
 arrested, which amounts to an act of bank- 
 
 ruptcy. Van Kleech v. Thiirber, 1 Penn. R^ J, 
 402. Wakeman v. Hoyt, 5 Law Rep. 310. ^ 
 
 63. If a trader wiUimj/y procure himself to b( 
 arrested, or his goods to be attached, it is an ac 
 of bankruptcy, though not fraudulent on hj 
 part. Wakeman v. Hoyt, 5 Law Rep. 310. •■* 
 
 64. If a debtor voluntarily aid a creditor il 
 taking his property on an attachment, or in p(*| 
 fecting an attachment previously incomplete, i' 
 is an act of bankruptcy. Fisher v. Currier, j 
 Law Rep. 217. s. c. 1 Penn. L. J. 270. « 
 
 65. If a debtor's goods be attached, and hi 
 remain passive, doing no act to aid the creditoa' 
 it is not an act of bankruptcy. Jones v. Sleeper, 
 2 N. Y. Leg. Obs. 131. 
 
 66. Partners cannot be declared bankrupt! 
 in invitum, on the ground of insolvency alon?' 
 Ex parte Johnson, 1 N. Y. Leg. Obs. 166. s. d; 
 5 Law Rep. 313. ^ 
 
 Ji 
 IV. Effect of an act of bankruptcy, 'f 
 
 67. A security is void, if given in contemplrf 
 tion of bankruptcy ; but it is not enough tha'^ 
 the debtor contemplated a state of mere inscfl 
 vency. Buckingham v. McLean, 13 H. 15P 
 s. c. 3 McL. 185. Jones v. Sleeper, 2 N. Y. Leg^ 
 Obs. 131. .Ex parte Pearce, 6 Law Rep. 261" 
 Contr^, Arnold v. Maynard, 2 St. 349. Peckhai 
 V. Burrows, 3 St. 544. Ashby v. Steere, 2 W. ^ 
 'M. 347. Ex parte Powell, 2 N. Y. Leg. Obs. 28f! 
 
 68. What amounts to a preference in conteiii'^ 
 plation of bankruptcy. Ashby v. Steere, 2 WJ 
 M. 347. Ex parte Galbraith, 1 N. Y. Leg. OW 
 5, n. Ex parte Quackenboss, Ihid. 146. Expaj^ 
 Johnson, Ibid. 166. s. c. 5 Law Rep. 313. A 
 parte Holmes, 1 N. Y. Leg. Obs. 211. Ex parP 
 Ely, Ibid. 343. Ex parte House, Ibid. 348. ^ 
 parte Pearce, 2 N. Y. Leg. Obs. 267. s. c.i 
 Law Rep. 261. Ex parte Powell, 2 N. Y. Lej" 
 Obs. 285. s. c. 6 Law Rep. 298. Ex parte Gd^ 
 wood, Crabbe 516. Atkinson v. Farmers' Ban% 
 Ibid. 529. Gassett v. Murse, 3 N. Y. Leg. Ob' 
 350. . fc 
 
 69. A creditor is not held to be unduly pW^ 
 ferred, unless he understand, at the time, th& 
 he is dealing with the bankrupt, or his avow^ 
 agent, for security or payment out of the banif' 
 rupt's funds. Winsor v. Kendall, 3 St. iQlp,: ' 
 
 70. The transfer of partnership property w 
 one of the firm, to pay his separate debts^-^lt 
 void under the bankrupt law. Collins v. Hooc 
 4 McL. 186. is 
 
 71. If one of the members of a firm comm*! 
 an act of bankruptcy, a decree will go again?c 
 all the members. Fisher v. Currier, 5 Lai*^ 
 Rep. 217. s. c. 1 Penn. L. J. 270. Ex pad 
 Hall, 5 Law Rep. 269. jri 
 
 72. If one of the members of an insolvej' 
 firm make an assignment with preferences, »i 
 the partners will be decreed bankrupts. ^<" 
 parte Galbi-aith, 1 N. Y. Leg. Obs. 5, n. |s 
 
 73. The execution of a voluntary assignmeiny 
 preferring a creditor, who has already obtainf 
 
N 
 
 BANKKUPTCY, IV., V., VI. 
 
 fien by judgment which fully secures his debt, 
 oes not affect such creditor's security. Liciiig- 
 \ton V. Bruce, 1 Bl. C. C. 318. 
 
 V. Of the petition. 
 
 (a) TOLUNTAET EANKRUFTCT. 
 
 74. What must be set forth in the bankrupt's 
 jetition and schedule. Ex parte Ii'vberixnn, 1 
 (J. Y. Leg. Obs. 20. Ex parte Mahom, 4 Law 
 ilep. 4S8. Ex parte I'limptdn, Ibid. 488. Ex 
 parte MeCarty, 5 Law Hep. 'i'1'1. Ex parte Ilill, 
 Ibid. 326. 
 
 75. The petition and schedule must include 
 ill the creditors, and the debts due to them 
 espectively. Ex parte Ilardison, 5 Law Rep. 
 55. 
 
 76. A bankrupt is bound to state, upon his 
 jhedule, the nature of a debt, if it be a fiduciary 
 Be ; the omission to do so would be a fraud, 
 nd his discharge would not avail him. Ckap- 
 lan V. Forsyth, 2 H. 202. 
 
 i 77. What is such fraudulent omission of pro- 
 erty from the schedule as will defeat the right 
 ) a discharge. Ex parte Pen-laj, 4 N. Y. Leg. 
 !bs. 254. 
 
 '•■ 78. The petitioner being a clerk at a fixed 
 Mary, and entitled in addition thereto to a per- 
 fentage on the net profits of the business, as a 
 pmpensation for his services, need not return 
 ^ch privilege in his schedule, as an item of 
 iroperty. Ex parte Brown, 5 Law Rep. 121. 
 79. An amendment of the schedule will be 
 Uowed, on payment of costs, where the error 
 rose from inadvertence. Ex parte Frishce, 4 
 law Rep. 483. Ex parte Hill, 5 Law Rep. 326. 
 I 80. Partners cannot apply jointly for a decree 
 1 bankruptcy, after a dissolution. Ex pictrte 
 Xartz, 1 N. Y. Leg. Obs. 39. Ex parte Moritz, 
 I Law Rep. 325. 
 
 I 81. A decree cannot be rendered against a 
 rm, on a voluntary application, unless all the 
 artners unite therein. Ibid. 
 
 82. Where one member of a firm petitions for 
 separate decree, he need not set forth the 
 
 artnership accounts in detail ; they may be 
 iken before a commissioner. Ex parte Nor- 
 •fiss, 1 N. Y. Leg. Obs. 100. s. c. 5 Law Rep. 
 B4. 
 
 83. But he should set forth what proportion 
 : share of the partnership property he claims 
 I be entitled to. Ibid. 
 
 84. The date of i\io j>irrit to the petition is not 
 isenlial. Ex parte Ifdiiiildoii., 4 Law Rep. 4S2. 
 nd see E.c parte Hill, 5 Law Rep. 326. Ex 
 arte Ahrahanta, Ibid. 328. 
 
 85. The sufficiency of a petition in bankruptcy 
 mnot be determined in a collateral proceeding. 
 laclchurn V. Stannard, 5 Law Rep. 250. 
 
 [86. The pendency of a creditor's petition will 
 pt bar the right of the debtor to petition for a 
 lluntary decree. Ex parte Caiifield, 1 N. Y. 
 gg. Obs. 234. 3. c. 5 Law Rop. 415. 
 
 (b) INVOLIINTAF.Y EANKRCPTCT. 
 
 87. What must be set forth in a petition for 
 a decree in iiwiium. Ex parte Bonnet, 1 N. Y. 
 Leg. Obs. 310. Ex parte Potts, Ci!i\>be ^10. Ex 
 parte Shou.ie, Ibid. 4X2. 
 
 88. In case of involuntary bankruptcy the 
 bankrupt is not bound to file an inventory of his 
 estate, or a list of his creditors. Ex parte Ely, 
 1 N. Y. Leg. Obs. 343. 
 
 89. An adversary petition need not specify 
 with minute circumstantiality the particulars of 
 the alleged act of bankruptcy. Ex parte Potts, 
 Crabbe 469. 
 
 90. Where the petition alleges that an act of 
 bankruptcy has been committed in a certain 
 way, a decree will not be made on other 
 grounds not set forth. Ibid. Ex parte Shouse, 
 Ibid. 482. 
 
 91. Creditors need not state the character of 
 the debt on which their petition is founded. Ex 
 jiarte Shouse, Crabbe 482. 
 
 92. If the petitioners be creditors to the 
 amount of $.500, the fact that they purchased a 
 part of their claims from a third person, after 
 the act of bankruptcy and for the purpose of 
 petitioning, does not impair their right. Ex 
 parte Shouse, Crabbe 482. 
 
 93. It is no ground for dismissing an adver- 
 sary petition, that the creditor has since prose- 
 cuted his claim to judgment. Van Kleech v. 
 Thurher, 1 Penn. L. J. 402. 
 
 94. Nor is the pendency of a suit at law an 
 objection to a proceeding in iiiritum, on a distinct 
 demand. Ecerett v. Derby, 5 Law Rep. 225. 
 
 VI. Effect of the institution of 
 proceedings. 
 
 95. The petitioner is privileged from arrest on 
 civil process, pending the proceedings. Vnitcd 
 States V. Dohhins, 5 Law Rep. 81. s. c. 1 Penn. 
 L. J. 9. Ex parte Mifflin, Ibid. 146. Contr^, Ex 
 parte Hoxlins, Crabbe 466. And see Liiu/an v. 
 Biq/Iey, 1 Cr. C. C. 112. Foxall v. Lcri', Ibid. 
 139. 
 
 96. If the presence of the petitioner be neces- 
 sary at the examination, the court will grant 
 him a certificate of protection. Ex parte Putts, 
 1 Penn. L. J. 159. 
 
 97. After the filing of a petition in inritnm, 
 the court will enjoin the debtors from collecting 
 their debts or disposing of their property. Ex 
 parte Calender, 5 Law Rep. 129. 
 
 98. The property of a petitioner is not divested 
 out of him, until decree ; until that time, it is 
 subject to execution by any one of his creditors. 
 Ex parte Bcnnet, 1 Penn. L. J. 145. Ex parte 
 Dudley, Ibid. ;;02. Contrii, Ex parte Allen, 5 
 Law Rep. 362. s. c. 1 N. Y. Leg. Obs. 115. 
 See Dotrner v. BrachfU. 5 Law Rep. 392. 
 
 99. In what cases the court will appoint a 
 receiver of the bankrupt's estate. Mcl^uan v. 
 Lafayette Bank, 3 McL. 503. 
 
BANKRUPTCY, VI., VII., VIIL, IX. 
 
 85 
 
 100. The court will not order a sale of -the 
 bankrupt's real estate, which is charged with 
 encumbrances to its full probable value, whilst 
 proceedings are pending on a prior lien. JEx 
 parte Hahnlen, 1 Penn. L. J. 10. 
 
 101,. In what cases, the court will interfere, 
 by injunction, to protect the assets of the bank- 
 •■ rupt, before a decree. Ex poerte Nightingale, 1 
 N. Y. Leg. Obs. 8. Ex pairte Smith, Ibid. 249. 
 Ex parte Harris, 3 N. Y. Leg. Oba. 152. Ex 
 parte Mdlor, 1 Penn. L. J. 135. 
 
 102. An applicant for a decree in bankruptcy 
 may be examined before a commissioner pi;ior 
 to his being declared a bankrupt ; he is deemed 
 
 a a bankrupt from the time of filing his petition. 
 ^ Ex pairte Lee, 4 Law Rep. 486. s. c. 1 N. Y, 
 l-f Leg. Obs. 83. s. p. Ex parte Smith, Ibid. 249. 
 Ex parte Mdlor, 1 Penn. L. J. 135. 
 
 VII. Commissioners in bankruptcy. 
 
 103. It is the duty of the commissioner to 
 take proofs under the order of reference, on the 
 objections filed in court ; he cannot regard an 
 exception to the competency of the creditor to 
 file the objection. Ex parte King, 1 N. Y. Leg. 
 Obs. 22. 
 
 104. After the bankrupt has been exam- 
 ined by the opposing creditors, his counsel can- 
 not cross-examine him ; but he may give his 
 explanations and corrections, under the advice 
 of his counsel. Ex parte Bragg, 1 N. Y. Leg. 
 Obs. 119. 
 
 105. The examination of the bankrupt taken 
 before a master in chancery may be admitted in 
 evidence by the commissioner, so far as it goes 
 to elucidate the state of his affairs. Ibid. 
 
 106. A sale of the bankrupt's property, if 
 ordered by the court, before decree, should be 
 made by a commissioner ; the time and place of 
 sale being fixed by the court, and duly adver- 
 tised ; and the conveyance executed by the 
 bankrupt, under the direction of the commis- 
 sioner. Ex- parte Vila, 5 Law Rep. 17. 
 
 VIII. Evidence. 
 
 107. The bankrupt cannot be examined as a 
 witness, either in support of the petition, or to 
 defeat it. Ex pairte Banks, 1 N. Y. Leg. Obs. 
 274. 
 
 108. The alleged bankrupt may be examined 
 in relation to his indebtedness to the petitioning- 
 creditor. Ex parte Heusted, 5 Law Rep. 510. 
 
 109. As a general rule, a creditor is not ad- 
 missible as a witness, to defeat the bankrupt's 
 discharge ; nor is his executor. Ex parte Perley, 
 
 ■ , 4 N. Y. Leg. Obs. 254. 
 ; 110. If, however, the executor stand in the 
 position of a stakeholder, or trustee for the 
 bankrupt, he is competent. Ibid. 
 
 111. On a petition for a decree in invitwm, the 
 averments of which are denied on oath, the cre- 
 ditors have the burden of proof. Ex parte 
 Scudder, 1 N. Y. Leg. Obs. 325. 
 
 112. On a jury trial to determine the right of 
 a bankrupt to a discharge and certificate, the 
 opposing creditor has the affirmative of the issue. 
 Anm., 3 N. Y. Leg. Obs. 155. 
 
 IX. Practice in bankruptcy. 
 
 113. Creditors may intervene for their own 
 interest as well before as after a decree. Ex 
 parte Harris, 3 N. Y. Leg. Obs. 152. 
 
 114. If the bankrupt neglect to move for a 
 decree, the creditors may do so. Ibid. 
 
 115. A creditor will not be permitted to inter- 
 vene in proceedings in bankruptcy until he has 
 proved his debt. Button v. Freemam, 5 Law 
 Rep. 447. 
 
 116. Proof of a creditor's debt, if not regu- 
 larly or technically made, is amendable. Ibid. 
 
 117. A creditor must prove his debt abso- 
 lutely, without qualification or reservation. Ibid. 
 
 118. Where a creditor asserts that his claim 
 is a fiduciary one, the court may, before decree, 
 make an order for the production of books and 
 papers. Ex parte Parker, 1 Penn. L. J. 370. 
 
 119. Notice must be given to the creditors, of 
 an application for the sale of the bankrupt's 
 property, before decree. Ex pairte Vila, 5 Law! 
 Rep. 17. 
 
 120. The court has power to grant a new trial,' 
 in a case tried before a jury under the 4th sec- 
 tion of the bankrupt law. Ex parte Corse, 1 N. 
 Y. Leg. Obs. 231. i 
 
 121. In a separate bankruptcy of one member 
 of a partnership, if the firm or the other part- 
 ners are soWent, the court will, ordinarily, 
 direct an account to be taken, and will not dis^ 
 turb the possession of the solvent partners. 
 Ayer v. Brastow, 5 Law Rep. 498. 
 
 122. Otherwise, where the firm, and also the 
 partners are insolvent ; in such case the joint 
 property will generally be administered in bank- 
 ruptcy. Ibid. 
 
 123. Where a party has been declared a bank's 
 rupt on his own petition, the proceedings can- 
 act be withdrawn, without the consent of his 
 creditors and all persons interested' in his estate. 
 Ex pairte Gile, 1 N. Y. Leg. Obs. 87. S. c. 5 Law 
 Rep. 224. 
 
 124. Nor before such decree, without show- 
 ing good reason, if any of the creditors oppose it. 
 Ex parte Harris, 3 N. Y. Leg. Obs. 152. 
 
 125. Where a compromise and settlement has 
 been effected with the whole of the creditors 
 prior to a decree, the petition may be dismissed 
 on payment of costs. Ex parte Randall, 1 N. 
 Y. Leg. Obs. 199. s. c. 5 Law Rep. 115. 
 
 126. But although the petitioning-oreditors 
 may in the mean time have arranged with the 
 debtor, it is open to other creditors to come in 
 on the day appointed for a hearing, and ask for 
 a decree. Ex parte Calendar, 1 N. Y. Leg. Obs. 
 200. s. 0. 5 Law Rep. 125. Ex pairte Freedley, 
 Crabbe 544. 
 
 127. Within what time other creditors may 
 
86 
 
 BANKKUPTCY, IX., X., XI. 
 
 come in and prosecute the proceedings. Ex 
 parte Freedley, Crabbe 544. 
 
 128. In what cases a supersedeas may issue 
 after the bankrupt has obtained his certificate. 
 Morris' Estate, Crabbe 70. 
 
 X. Of the decree. 
 
 129. The oath of a petitioning-creditor to his 
 debt, unsupported by other testimony, is not, 
 where the indebtedness is denied, sufficient to 
 support a decree. Ex parte Foster, 1 N. Y. Leg. 
 Obs. 232. s. c. 5 Law Rep. 406. 
 
 130. In what cases a jury trial will be awarded. 
 Ibid. 
 
 131. Creditors alleged to have been fraudu- 
 lently prefetred, may contest the petitioning- 
 creditor's right to a decree. Ex parte Beusted, 
 5 Law Rep. 510. 
 
 132. An attaching-creditor, is not a person 
 interested, who can contest the right of the 
 petitioning-creditors to a decree. Button v. 
 Freeman, 5 Law Rep. 447. 
 
 133. A single fiduciary debt will not bar a 
 decree. Ex parte Young, 5 Law Rep. 128. Ex 
 parte Brown, Ibid. 258. Ex parte Tebbetts, 
 Ibid. 259. ContrJi, Ex parte Eardison, Ibid. 
 255. Ex parte Cease, Ibid. 408. 
 
 134. A fraudulent assignment, ' concealment 
 of property, &c., is ground of opposition to the 
 final discharge, not to the decree of bankruptcy. 
 Ex parte Paget, 1 Penn. L. J. 367. Ex parte 
 Houghton, 4 Law Rep. 482. 
 
 135. What must be shown to sustain an 
 objection to a decree of bankruptcy. Ex parte 
 Bailey, 1 N. Y. Leg. Obs. 18. 
 
 136. An objection to a decree of bankruptcy 
 not set down for hearing, or referred within 
 a reasonable time, will be deemed to have 
 been waived. Ex parte lAvesrmore, 5 Law Rep. 
 370. 
 
 137. A decree in bankruptcy does not entitle 
 the bankrupt to a discharge from imprisonment. 
 Ex parte Cheney, 5 Law Rep. 19. Ex parte 
 Comstock, Ibid. 163. 
 
 138. The decree avoids an attachment on 
 mesne process, made after the commencement 
 of the proceedings in bankruptcy. Ibid. 
 
 139. After decree, a judgment-creditor may 
 be enjoined from committing the bankrupt to 
 prison. Ex parte Winthrop, 5 Law Rep. 24. 
 Contra,, Ex pcerte JSosHns, Crabbe 466. s. p. 
 Ex parte Bank, Ibid. 493. 
 
 140. After parties have been declared bant 
 rupts, as partners, it is too late to object that 
 they were not partners at the time of their 
 application, Ex parte Gilbert, 1 N. Y. Leg. 
 Obs. 327. 
 
 141. The court may vacate a decree of bank- 
 ruptcy, if the proceedings have been irregular. 
 Ex parte Oakley, 5 Law Rep. 327. 
 
 142. The decree in all cases operates by rela- 
 ition, at least to the time of filing the petition. 
 Ex parte Must, 1 N. Y. Leg. Obs. 326. McLean 
 
 V. Lafayette Bank, 3 McL. 185. McLean v. 
 Bockey, Ibid. 235. 
 
 143. A decree in bankruptcy cannot be im- 
 peached by the creditors collaterally ; they are 
 bound by it as by a decree in rem,. Shawhan 
 V. Wherritt, 7 H. 627. 
 
 XI. Of the discharge. 
 
 144. In what cases the opposing creditors will 
 be allowed to interpose their objections to the 
 allowance of the discharge and certificate. Ex 
 parte Bobertson, 1 N. Y. Leg. Obs. 21. 
 
 145. A creditor who has not proved his debt, 
 cannot file objections and make opposition to 
 the discharge of a bankrupt. Ex parte King, 
 1 N. Y. Leg. Obs. 22. Contr^,, Ex parte Book, 
 3 McL. 317. 
 
 146. What other persons in interest may op- 
 pose a discharge. Ibid. Ex parte Traphagen, 
 Ibid. 98. i:x parte Tebbetts, 5 Law Rep. 259. 
 
 147. Objections which might have been urged 
 against a decree, are deemed waived if not then 
 made. Ibid. Ex parte Livermore, 5 Law Rep. 
 370. 
 
 148. The omission of a particular debt in the 
 schedule, is not a valid objection to a discharge, 
 unless intentional and fraudulent. Ex parte 
 Tebbetts, 5 Law Rep. 259. 
 
 149. The commission of an act of bankruptcy, 
 by concealing himself to avoid arrest, is no 
 objection to a discharge and certificate. Ex 
 parte Ely,1 N. Y. Leg. Obs. 343. 
 
 150. What is such fraudulent preference, as 
 will bar a discharge without the consent of a 
 majority in interest of the creditors. Anon., 1 
 N. Y. Leg. Obs. 349. Ex parte Pearce, 2 N. Y. 
 Leg. Obs. 267. s. C. 6 Law Rep. 261. Ex parte 
 Irwine, 1 Penn. L. J. 291. Ex parte Holmes, 5 
 Law Rep. 360. Ex parte Delavan, Ibid. 370. 
 
 151. A fraudulent misapplication of trust 
 funds, after the passage of the bankrupt law, 
 though before it went fully into operation, was 
 a bar to a discharge. Ex parte Tebbetts, 5 Law- 
 Rep. 259. s. p. Hutchins v. Taylor, Ibid. ^^ " 
 Ex parte Horton, Ibid. 462. But see Ex f- "t% 
 Chadwick, Ibid. 457. ^ * 
 
 152. Fiduciary debts, contracted before the 
 passage of the act, constitute no objection to 
 the discharge of the debtor from other debts. 
 Chapman v. Forsyth, 2 II. 202. Ex parte Lord, 
 5 Law Rep. 258. Ex parte Tebbetts, Ibid. 259. 
 
 153. A balance, due from a factor to his prin- 
 cipal, is not a fiduciary debt, within the meaning 
 of the act. Ibid. 
 
 154. A debt due by an auctioneer is a fidu- 
 ciary one, which is not barred by the discharge. 
 Ex parte Lord, 5 Law Rep. 258. 
 
 155. If the petitioner owe fiduciary debts, he 
 cannot be discharged as to other creditors ; but 
 no person except the fiduciary creditor can 
 make such objection. Ex parte Parker, 1 Penn. 
 L. J. 370. Ex parte TMetts, 5 Law Rep. 259. 
 Ex parte Cease, Ibid. 408. 
 
BANKEUPTCY, XL, XII. 
 
 87 
 
 156. An objection to the discharge on the 
 ground of a fraudulent concealment of property, 
 must be supported by the strictest proof. Ex 
 parte Pearce, 6 Law Rep. 261. s. o. 2 N. Y. 
 Leg. Obs. 267. 
 
 157. What must be shown to justify the court 
 in withholding a discharge and certificate. Hx 
 parte Banks, 1 N. Y. Leg. Obs. 274. JSx parte 
 Pearce, 2 N. Y. Leg. Obs. 267. Hx parte Holmes, 
 5 Law Rep. 360., Ex parte Delaoan, Ibid. 370. 
 Ex parte Wilson, 6 Law Rep. 272. 
 
 158. If a majority of the creditors in number 
 and value oppose a discharge, the only remedy is 
 a jury trial. Ex patte Lothrop, 5 Law Rep. 456. 
 
 159. A demand for a trial by jury must be 
 made at the same term in which the bankrupt's 
 application was dismissed. Ex parte Hunter, 3 
 MoL. 297. 
 
 160. It seems, that one declared a bankrupt 
 may enter into business and hold property, 
 subject to the contingency of obtaining a dis- 
 charge. Ex parte Grant, 2 St. 312. • 
 
 161. The surety of a defaulting public officer 
 may be discharged as a bankrupt. United 
 States V. Davis, 3 MoL. 483. 
 
 162. An infant may be discharged as a bank- 
 rupt. Ex parte Brook, 3 McL. 317. 
 
 163. A discharge when granted should be in 
 the general form ; but it cannot affect a fidu- 
 ciary creditor who has not proved his claim. 
 Ex parte Tebbetts, 5 Law Rep. 259. 
 
 XII. Effect of the discharge. 
 
 164. The certificate of discharge entitles the 
 bankrupt to a release from imprisonment. Ex 
 parte Cheney, 5 Law Rep. 19. 
 
 165. A creditor who has proved his debt, 
 cannot afterwards by an original suit, either at 
 law or in equity, avoid the effect of the dis- 
 charge on the ground of fraud. Commercial 
 Bank of Manchester v. BuSkner, 20 H. 108. 
 
 ^ 166. A hon& fide conveyance by an insolvent 
 '^^ not avoided by his subsequent bankruptcy ; 
 TDvided the grantee had no notice of a previous 
 ^SS of bankruptcy, or of an intention to take the 
 berfefit of the bankrupt law. Dennett v. Mit- 
 chell, 1 N. Y. Leg. Obs. 356. Gassett v. Morse, 
 3 N. Y. Leg. Obs. 350. s. p. Sullivan v. Hieskill, 
 Crabbe 525. 
 
 167. An attachment on mesne process under 
 a state law, constitutes a lien, which is not 
 affected by a discharge in bankruptcy. Peck v. 
 Jenness, 7 H. 612. Colbi/ v. Ledden, Ibid. 626. 
 Ex parte Reed, 3 N. Y. Leg. Obs. 262. Downer 
 v. Brackett, 5 Law Rep. 392. Ha/ughton v. 
 Eustis, Ibid. 505. See Ex parte Foster, 2 St. 
 131. Ex parte Eames, Ibid. 322. Ex parte 
 Cook, Ibid. 376. Fiske v. Hunt, Ibid. 582. Ex 
 parte Cheney, 5 Law Rep. 19. Ex parte Bel- 
 lows, 3 St. 428. Everett v. Stone, Ibid. 446. 
 
 168. All debts owing at the time of the de- 
 cree, are barred by the discharge. Downer v. 
 Brackett, 5 Law Rep. 392. 
 
 169. An equitable lien created by contract, is 
 not divested by a decree in bankruptcy. Parker 
 V. Muggridge, 2 St. 334. Fletcher v. Mor^, Ibid. 
 555. Mitchell v. WinsUm, Ibid. 630. 
 
 170. The exception in the bankrupt law em- 
 braced all liens, equitable and legal, valid by 
 the lex loci contractus. Fletcher v. Morey, 2 St. 
 555. Ex parte Horion, 5 hsiY! B,eTp. 462. 
 
 171. The delivery of an execution to the 
 sheriff, prior to the filing of the petition, does 
 not create a lien which is protected by the bank- 
 rupt law; otherwise, of an -actual levy. Ex 
 parte Bust, 1 N. Y. Leg. Obs. 326. 
 
 172. A creditor, by filing a bill against a 
 bankrupt and his trustee, for discovery and 
 relief, does not acquire a lien against the assets 
 in the hands of the trustee, which will be pro- 
 tected by the bankrupt law. Smith v. Gordon, 
 2 N. Y. Leg. Obs. 325: s. c. 1 Penn. L. J. 149. 
 6 Law Rep. 313. 
 
 173. No creditor can, after notice of the com- 
 mission of an act of bankruptcy, acquire a valid 
 lien upon property fraudulently conveyed by the 
 bankrupt, by instituting proceedings in a state 
 court. Shawhan v. Wherritt, 7 H. 627. 
 
 174. The property thus fraudulently conveyed, 
 or its proceeds, passes to the assignee under the 
 decree. Ibid. 
 
 175. Debts due to the United States are not 
 barred by a discharge in bankruptcy. United 
 States V. King, Wall. C. C. 12. 
 
 176. Debts dueforeign creditors are barredi 
 by a discharge in bankruptcy. Ex parte Zariga, 
 4 Law Rep. 480. s. c. 1 N. Y. Leg. Obs. 40, n. 
 
 177. Inasmuch as a surety, for a debt payable 
 infuturo, at the time of a decree in bankruptcy,! 
 could prove his claim, the bankrupt is dis-; 
 charged from all liability to such surety, for 
 money subsequently paid on account of the 
 debt. Mace v. Wells, 7 H. 272. 
 
 178. A fiduciary creditor is not affected by 
 the proceedings, unless he voluntarily come in 
 and prove his debt. Chapman v. Forsyth, 2 H. 
 202. Ex parte Brown, 5 Law Rep. 258. Ex 
 parte Tebbetts, Ibid. 259. 
 
 179. The discharge bars a judgment for a 
 tort. Ex parte Book, 3 McL. 317. 
 
 180. The discharge does not bar an action for 
 a tort ; and the bankrupt may be liable for 4 
 tort with respect to what was his own property, 
 at the suit of his assignee. Carr v. Gale, 3 W, 
 & M. 38. 
 
 181. The discharge does not bar an order foi 
 the maintenance of a bastard child. Ex parti 
 Cotton, 2 N. Y. Leg. Obs. 370. 
 
 182. Nor a judgment for damages recovered 
 in an action for seduction. Ibid. 
 
 183. A discharge in bankruptcy does not rej 
 lease the bankrupt from a fine imposed by i 
 state court, for the breach of an injunction 
 Spalding v. New York, 4 H. 21. 
 
 184. A discharge in bankruptcy cannot b 
 pleaded in bar to a bill for the rescissionof 
 
88 
 
 BANKRUPTCY, XII., XIIL, XIT. 
 
 contract, on the ground of fraud. Doggett v. 
 Emerson, 1 W. & M. 196. Smith y. Babcock, 2 
 W. & M. 247. 
 
 185. A discharge in bankruptcy does not 
 annul a covenant running with the land, which 
 subsequently comes again into the possession 
 of the bankrupt by purchase. Bush v. Cooper's 
 Administrator, 18 H. 82. 
 
 186. An estoppel is not affected by a dis- 
 charge in bankruptcy. Ibid. 
 
 187. The discharge does not bar the prosecu- 
 tion of an action for a claim not provable under 
 the bankruptcy. Ex parte Bowell, 2 N. Y. Leg. 
 Obs. 285. s. c. 6 Law Rep. 298. 
 
 188. Nor of a suit commenced by attachment 
 which is a lien protected by the act. Ibid. 
 
 XIII. What property vests in the r; 
 assignee. 
 
 189. All the property and rights of property 
 of the bankrupt, at the time of the decree, vest 
 in the assignee. Ex parte Newhall, 2 St. 360. 
 Ex parte Abrahams, 5 Law Kep. 328. 
 
 190. For what purposes, the rights of the as- 
 signee extend back, by relation, to the time of 
 filing the petition. Downar v. Brackett, 5 Law 
 Kep. 392. 
 
 191. Whether the bankrupt obtain a discharge, 
 or not, his property vests in the assignee, for 
 distribution among his creditors. Ex parte 
 Cheney, 5 Law Rep. 19. 
 
 192. The right to indemnity for an unjust, 
 capture pa,SBe8 to the underwiter by an aban- 
 donment, and, on his bankruptcy, to the assignee. 
 Comegys v. Vasse, 1 Pet. 193. 
 
 193. Property which comes to the bankrupt 
 by descent, or otherwise, between the time of 
 filing the petition, and the decree, passes to his 
 assignee. Ex parte Newhall, 2 St. 360. Ex 
 parte Abrahams, 5 Law Rep. 328. Ex parte 
 Allen, Ibid. 362. s. c. 1 N. Y. Leg. Obs. 115. 
 
 194. But the assignee takes it subject to all 
 such rights and equities of third persons, as 
 attached to it in the hands of the bankrupt. 
 Ex parte Newhall, 2 St. 360. 
 
 195. Property devised to the bankrupt before 
 the filing of his petition, vests in his assignee, 
 though the will be not then admitted to probate. 
 ExpaHe Fuller, 2 St. 327. 
 
 196. Lands in which the bankrupt has a re- 
 sulting trust, vest in the assignee. Carr v. 
 Hilton, 1 Curt. 230. 
 
 \_ 197. So, do lands conveyed by the bankrupt, 
 pjefore the passage of the bankrupt law, upon a 
 secret parol trust in his own favor. Ibid. 
 
 198. Where a receiver has been appointed, on 
 a creditor's bill, to whom the debtor has exe- 
 cuted a general assignment, on the debtor's 
 J)eing subsequently declared a bankrupt, his 
 Restate vests in the general assignee. Ex parte 
 Waddell, 1 N. Y. Leg. Obs. 52. Contri, Ex 
 \parte Allen, Ibid. 115. s. c. 5 Law R^. 362. 
 L 199. The property of an insolvent which has 
 
 passed to trustees under a legal assignment, 
 with preferences, does not vest in his assignees 
 under a subsequent decree of bankruptcy. Sul- 
 livan V. Hieskill, Crabbe 525. 
 
 200. A decree in bankruptcy does not vest in 
 the assignee, lands situated in a foreign country. 
 Oahey v, Bennett, 11 H. 33. 
 
 201. A vault in a cemetery company does not 
 pass to the assignee. Ex parte Ely, 1 N, Y. 
 Leg. Obs. 131. 
 
 202. A chose in action of the bankrupt's wife, 
 does not vest in the assignee, where there is no 
 evidence that the bankrupt ever asserted his 
 marital right thereto. Ex parte Snow, 1 N. Y. 
 Leg. Obs. 264. s. c. 5 Law Rep. 369. 
 
 203. The assignee cannot claim articles (^ 
 jewelry of the bankrupt's wife, which were 
 given to her prior to the marriage, and have 
 continued in her use ever since. Ex parte Lud- 
 low, 1 N. Y. Leg. Obs. 322. Ex parte Kasson, 4 
 Law Rep. 489. 
 
 20^ Nor can he claim such gifts by the hus- 
 band to his wife of personal ornaments or attire, 
 as were compatible in value and character with 
 his circumstances ^t the time they were made. 
 Ibid. 
 
 205. The property of minor children, accu- 
 mulated by their sole exertions, with theiF 
 father's consent, and standing in their own 
 name, does not vest in the father's assignee. 
 Ex parte Tebbets, 5 Law Rep. 503. 
 
 206. 5'ights of the assignee in gifts by the 
 bankrupt to his children, not proportioned to 
 his circumstances, where they have been pur- 
 chased in part by third persons. Ex parte 
 Grant, 2 St. 312. 
 
 207. If property descend to the bankrupt's 
 wife, before decree, and he have not reduced it 
 into possession, she is entitled in equity to an 
 allowance thereout for her support, against the 
 assignee. Shaw v. Mitchell, 5 Law Rep. 453. 
 
 208. The assignee in bankruptcy, except in 
 cases of fraud, stands in no better situation than 
 the bankrupts themselves. Winsor v. McLellan, 
 2 St. 493. Fletcher v. M<yrey, Ibid. 555. MitcheU 
 V. Winslow, Ibid. 630. Winsw v. Kendall, 3 St. 
 507. 
 
 209. If the bankrupts have mortgaged their 
 interest in a vessel, the proceeds of its sale 
 must be paid to the mortgagee. Ibid. 
 
 210. Under a separate commission of bank- 
 ruptcy against one partner, only his interest in 
 the joint effects passes. Harrison \. Sierrv, 5 
 Or. 289. * 
 
 211. The court will not aid the bankrupt's 
 administrator in obtaining possession of un- 
 claimed dividends, where the application is 
 opposed by other creditors who have not been 
 paid in full. Blight's Estate, 1 Penn. L. J. 225. 
 
 XIV. What may be allowed to a 
 discharged bankrupt. 
 
 212. The assignee may make an allowance to 
 
BANKKUPTCT, XIV., XV., XVI., XVII. 
 
 89 
 
 the bankrupt, for the support of his family, not 
 exceeding $300; he may also allow the hank- 
 rupt'a reasonable sum for taking charge of the 
 property. Hx parte Grant, 2 St 312, See Ex 
 parte Williams, 5 Law Rep. 155. 
 
 213. A fowling-piece, pistol, fishing-tackle, 
 paintings, &c., cannot be set apart by the as- 
 signees for the use of the bankrupt as necessa- 
 ries. Ex parte Ludlow, 1 N. Y. Leg. Oba. 322. 
 
 214. Nor can a watch and breastpin be deemed 
 wearing apparel or necessaries. Ibid. Ex parte 
 Kasson, 4 Law Rep. 489. Ex parte Williams, 5 
 Law Rep. 155. 
 
 215. Nor can a pew in a church be set apart. 
 Ex parte Comstock, 1 N. Y. Leg. Obs. 326. 
 
 XV. Kights and liabilities of assignees. 
 
 216. An assignee under the act of 1800, could 
 not deny the authority of the commissioners, 
 under whom he held. Gulick's Executors v. 
 Mclver, 3 Cr. G. 0. 650. 
 
 217. Actions for property, alleged to have 
 been fraudulently conveyed, may be brought by 
 the assignee, though not sustainable by the 
 bankrupt. Carr v. Gale, 3 W. & M. 38. 
 
 218. Property held in trust by the bankrupt 
 passes into the control of his assignee, until 
 another trustee be appointed. Ibid. 
 
 . "219. Liability of the assignee for ground-rents 
 ■ and interest on mortgages. Ex parte Banks, 1 
 N. Y. Leg. Obs. 250. 
 
 220. Assignees are chargeable with interest 
 on all moneys not paid into the registry within 
 sixty days. Ex parte Thorp, 4 N. Y. Leg. Obs. 
 377. 
 
 221. The assignee, when appointed, may elect 
 to prosecute a suit pending against a trustee of 
 the bankrupt, for the benefit of the general cre- 
 ditors. Smith V. Gordon, 2 N. Y. Leg. Obs. 
 325. s. c. 1 Penn. L. J. 149. 6 Law Rep. 313. 
 
 222. The assignee is not bound to take pos- 
 session of rights of property, which would be 
 rather a burden than a benefit to the estate. 
 Ibid. 
 
 223. The title of the bankrupt is good against 
 all the world but his assignee. Ibid. 
 
 224. What will amount to an election on the 
 part of the assignee not to take. Ibid. 
 
 225. The" repeal of the bankrupt law did not 
 afiect the rights of assignees to reduce the pro- 
 perty of the bankrupt into possession. Carr v. 
 mUcm, 1 Curt. 230. 
 
 XVI, Suits by and against assignees. 
 
 226. All the interests of the bankrupt pass to 
 the assignee, and suits should be brought in his 
 name. Cook v, Lansing, 3 McL. 571. 
 
 227. The assignee of a surety may prosecute 
 an action brought by the creditor, (who has 
 proved his debt,) against the principal, at the 
 expense of the bankrupt's estate. Ex pairte 
 Babcock, 3 St. 394. 
 
 228. The bankruptcy of the plaintiff, and the 
 
 substitution of his assignee, is not an abatement 
 of the suit. Wise v. Deeker, 1 Cr. 0. C. 190. 
 
 229. The assignees may continue the defence 
 of a suit against the bankrupt and others, if the 
 creditors do not object. Ex pajrte Babcock, 1 
 W. & M. 26. 
 
 230. And they are responsible for the propor- 
 tion of counsel fees agreed to be paid by the 
 bankrupt. Ibid, 
 
 231. The assignee may take advantage, on 
 behalf of the creditors, of any acts of the bank- 
 rupt, in violation of the bankrupt law, McLean 
 V. Lafayette Bank, 3 McL. 587. 
 
 232. The assignee is not bound by proceed- 
 ings against the bankrupt, to which he was not 
 a party, Atkinson v. Farmers' Bank, Crabbe 
 529. 
 
 233. On the death of the assignee, the right 
 of action, for a debt due to the bankrupt, vested 
 in the assignee's executor. Richards v. Mary- 
 land Insurance Co., 8 Cr. 84. 
 
 234. The assignee of a foreign bankrupt may 
 be made party defendant, and dissolve an at- 
 tachment, on giving security. Wilson v. Stewart, 
 1 Cr. C. C. 128. 
 
 235. A plaintiff, suing as assignee of a bank- 
 rupt, must produce the commission, proceedings, 
 and deed of assignment. Mclver v. Moore, 1 Cr, 
 C. C. 90. 
 
 236. When the statute of limitations begins 
 to run against an assignee in batikruptcy. 
 Pritchard v. Chandler, 2 Curt. 488. 
 
 237. The 8th section of the act of 1841, limits 
 actions for the recovery of property, &c., agains^ 
 a claimant, other than the bankrupt. Clark v.' 
 Clark, 17 H. 315. 
 
 238. If the assignee be deceased, a creditor 
 may intervene to claim a fund awarded to the 
 bankrupt under a convention with a foreign 
 government. Ibid. 
 
 239. The limitation in the 8th section of the 
 act, does not. apply to suits by assignees or their 
 grantees, for the recovery of real estate, until 
 two years from the taking of adverse possession. 
 Banks v. Ogden, 2 Wall. 58. 
 
 240. In case of fraud, cause of action does 
 not accrue to the assignee until its discovery. 
 Carr v. Eiltm, 1 Curt. 230. 
 
 241. The assignees of a foreign bankrupt can- 
 not sue his debtor in this country in their own 
 names. Perry v. Barry, 1 Cr. C, C. 204. 
 
 XVII. Probate of debts. 
 
 242. What debts may be proved against the 
 estate of a bankrupt. Ex parte Houghton, 5 
 Law Rep. 321. 
 
 243. All debts existing before and at the time 
 of the decree, are provable under the bank- 
 ruptcy. Downer v. Brackett, 5 Law Rep. 392. 
 
 244. A fiduciary debt is provable against the 
 bankrupt's estate, at the creditor's election. 
 Ex parte Tebbetts, 5 Law Rep. 259. 
 
 245. A judgment in an action ex delicto, is a 
 
90 
 
 BANKRUPTCY, XVIL, XVIII., XIX. 
 
 debt provable against the estate of a bankrupt. 
 Ex parte Comstock, 5 Law Rep. 163. 
 
 246. The holder of a promissory note, pur- 
 chased after the issuing of a commission of 
 bankruptcy against the maker, may prove the 
 debt ; but subject to the right of set-off existing 
 between the original parties. JBumphries v. 
 Blight's Assignees, 4 D. 370. 
 
 247. A note given by the bankrupt, and 
 taken up by the endorser, before the final dis- 
 charge, is provable under the commission. 
 liaker v. Vasse, 1 Cr. C. C. 194. 
 
 248. If a principal be bankrupt, the court 
 will, on application of the surety, compel the 
 creditor to prove his debt against the principal, 
 provided the surety bring the amount into court. 
 Hx parte Bdbcoch, 3 St. 393. • 
 
 249. Practice where the creditor holds a col- 
 lateral security. Ibid. 
 
 250. A creditor who holds a collateral secu- 
 rity may be permitted to take the same at its 
 value, and prove his debt for the residue. Ex 
 parte Qrdnt, 5 Law Rep. 303. 
 
 251. How such value is to be ascertained. 
 Ibid. 
 
 252. If a creditor, holding a collateral secu- 
 rity, prove his debt, under a misapprehension 
 aa to the effect of his act, the court will, on 
 notice, allow the proof to be withdrawn. Ex 
 parte Lapsley, 1 Penn. L. J. 245. 
 
 XVIII. Distribution, 
 
 253. A joint debt may be proved under a 
 separate commission, and a full dividend re- 
 ceived ; a court of equity alone can marshal the 
 assets. Tucker v. Oxley, 5 Cr. 34. 
 
 254. If the joint creditor omit to prove his 
 debt, he may, nevertheless, set it off in an action 
 by the separate assignee of one of his debtors. 
 Ibid. 
 
 255. The property of partnerships is first to 
 be applied to the discharge of partnership debts, 
 and the surplus only is to be applied to the indi- 
 vidual debts of any one partner. Parker v. 
 Muggridge, 2 St. 334. Ex parteWarren, 5 N. Y. 
 Leg. Obs. 327. Ex parte Ingalls, 5 Law Rep. 
 401. 
 
 256. If it be necessary, in order to make a 
 ifinal settlement of all claims, the court may take 
 upon itself the administration, as well of the 
 partnership estate, as of the estate of the bank- 
 rupt partner. Ibid. 
 
 257. Where one partner becomes bankrupt, 
 his separate creditors are only entitled to such 
 ishare of the firm property as would belong to 
 him upon a settlement of the partnership ac- 
 counts. Ibid. 
 
 258. Where a creditor proves his claim against 
 the bankrupt on a separate debt, the court can- 
 not subsequently place it in the list of partner- 
 ship debts, whatever may have been its origin. 
 Ex parte Miller, 1 N. Y. Leg. Obs. 38. 
 
 259. If there be any joint fund, the joint cre- 
 
 ditors cannot be allowed to prove their claims 
 against the separate estate of one of the bank- 
 rupts. Ex parte Dole, 3 N. Y. Leg. Obs. 286. 
 
 260. Where the bankrupt has been a member 
 of several firms, against whom there is no decree, 
 the fund derived from his separate estate, is dis- 
 tributable only among the separate creditors. 
 Ex parte Williams, 5 Law Rep. 402. 
 
 261. Where a firm and the individual mem- 
 bers thereof are declared bankrupts, the holder 
 of a bill, drawn by the firm, and endorsed by 
 one of the partners, is entitled to a dividend^ 
 both from the joint and separate estates. E^ 
 parte Farnum, 6 Law Rep. 21. 
 
 262. The holder of a bill of exchange may 
 prove his debt against all the parties thereto, 
 and receive a dividend from all their estates 
 •until his debt be fully paid. Ex parte Babcock, 
 3 St. 393. 
 
 263. And if one only be bankrupt, he may 
 prove his debt against him, and proceed against 
 the other parties at law. Ibid. 
 
 264. Under the act of 1800, an attaching- 
 creditor was only entitled to a pro rata divi- 
 dend. Harmon v. Jamesson, 1 Cr. C. C. 288. 
 
 265. A creditor is not entitled to come in and 
 participate in a dividend, where his debt has 
 not been proved until after the order for a dis- 
 tribution has been passed, and the time therefor 
 designated. Ex parte Miller, 1 N. Y. Leg. Obs. 
 180. 
 
 266. An apprentice is an operative, and en- 
 titled as such to a preference, within the mean- 
 ing of the bankrupt law. Ex parte Sterner, 1 
 Penn. L. J. 368. 
 
 267. A draft drawn by the bankrupt is not 
 an assignment of the fund in the hands of the 
 drawee ; and the holder is only entitled to B.pro 
 rata dividend. Dickey v. Harmon, 1 Cr. C. C. 201. 
 
 XIX. Costs. 
 
 268. The petitioners are bound to discharge 
 all expenses incident to the prosecution of their 
 application. Ex parte Greaves, 5 Law Rep. 25. 
 s. c. 1 N. Y. Leg. Obs. 213. 
 
 269. How the costs are to be apportioned 
 where one member of a firm is decreed a bank- 
 rupt, and there are both separate and partnership 
 assets. Ex parte IngaUs, 5 Law Rep. 401. 
 
 270. The solicitors of a bankrupt are not enti- 
 tled to be reimbursed their expenses out of his 
 assets. Ex parte Hale, 5 Law UeTp. 40Z. 
 
 271. It seems, that the petitioning-creditors, 
 in a proceeding in invitum, may have their costs 
 out of the fund. Ibid. 
 
 272. The question of costs in bankruptcy de- 
 pends on the particular circumstances of each 
 case. Ex parte Rowell, 2 N. Y. Leg. Obs. 285. 
 s. 0. 6 Law Rep. 298. 
 
 273. Where a suit has been commenced, bond 
 fide, and the defendant becomes a bankrupt, the 
 actual costs are to be paid out of the estate, but 
 no subsequent costs. Ex parte Foster, 2 St. 132. 
 
-/r^^^^ 
 
MANUAL 
 
 U. S. Bankruptcy Act, 1867, 
 
 ■WITH THE 
 
 COyTEKIENTLr 
 
 Annotated, Classified, and Arranged. 
 
 ADAPTED TO 
 
 TKB TJSB OF COUETS IN BANKEUPTCY, THE BAE, OFFIOEES 
 
 OF SAID COUETS, COEPOEATIONS, PAETNEESHIPS, 
 
 MEEOHANTS, AND OTHEES; 
 
 WITH AN APPENDIX OONTAININS 
 
 KtTLES IN EQUITY OF THE SUPREME COURT U. S., A SUMMARY 01 THE VARIOUS STATE AND 
 
 U. S. LAWS RELATING TO EXEMPTIONS, LIMITATIONS OF ACTIONS, Ac, INCLUDED 
 
 IN THE OPEKATIOMS OF THE SAID ACT; A COMPENDIUM OF THE ACTS 
 
 OF 1800 AND 1841, AND OTHER TALUABLB INFORMATION. 
 
 'Witt patjjsi tit §tKi»iom mA » (S>ovmg Mn&tx. 
 Approved by the Justices of the Supreme Cottrt U. S. 
 
 By CLINTON^RiCE, 
 
 Cbunsellijr at Law, Seeretary to the Bankrupt Act Cbmmission of tTie Supreme OmH U- S., 
 And Editor of the " U. S. Bankruptcy Reporter." 
 
 WASHINGTON, D. C. : 
 
 PHILP & SOLOMONS, PUBLISHERS. 
 
 1867. 
 
Entered according to Act of Congress, in the year 1867, 
 
 By CLINTOJSr EICE, 
 
 In the Clerk's Office of the District Court of the United States for the 
 District of Columbia. 
 
 PHILADELPHIA : 
 
 PRINTED BY KINS & BAIRD, 
 
 *I07 SANSOM RTRliET. 
 
TO THE 
 
 HONOEABLB. THOMAS A. JENCKES, 
 
 REPRESENTATIVE IN CONGRESS FROM THE S^ATE OP RHODE ISLAND, 
 
 WHO WILL HEBEAFTEB BE HAItED AS THE 
 
 'FATHER OP THE GREAT U. S. BA?fKR1JPT ACT," 
 
 %& n Pavfe ot ligft lespert 
 
 FOR HIS DISTINOUISHBD ABILITIES AS A PROFOUND JUKIST, AND 
 
 A WISE AND JUST I/EGISLATOK, DO I BBSPECTFULLY 
 
 DEDICATE THIS 'WOBK. 
 
 THE EDITOR. 
 
PREFACE. 
 
 The object of this volume is to present, at one view, not only the 
 system of Bankruptcy recently inaugurated by the passage of Mr. 
 Thomas A. Jbnckes' carefully prepared bill, together with the course 
 of procedure thereunder, as prescribed by the Supreme Court of the 
 United States, unto whom the determination and regulation of the 
 same was by Act of Congress submitted ; but, to afford to those who 
 may be called upon to administer, execute, or practice the law, as well 
 as to expectant beneficiaries thereof, a convenient Hand-book of In- 
 struction and Reference. 
 
 The book contains the United States Bankrupt Act of March 2 
 1867, carefully copied from the Engrossed Bill as approved; an 
 Introductory Sketch of the History of Bankruptcy and Insolvency 
 Legislation, with necessarily brief reference to Congressional action 
 upon the subject; all the General Oilers, Rules of Practice and 
 Procedure in the District Courts of the United States, in Bankruptcy, 
 and Forms of Proceedings, as promulgated by the Supreme Court ; a 
 Carefully Classified Arrangement of Subjects, Sections, Clauses, and 
 other Divisions of the Act, accompanied by notes, and such pertinent 
 citations to proper authorities and works of reference as will be valu- 
 able to the Bench and the Bar ; also, the OflBcial List, with boundaries 
 of Judicial Districts, etc. ; to which is annexed an Appendix, containing 
 the Rules of Equity of the Supreme Court of the United States ; the 
 Exemption and Limitation Laws of the United States and of the 
 several States ; and such other Congressional and State enactments 
 as are included in the operation of the Act, or which are likely to be 
 constantly referred to in conducting proceedings thereunder ; with a 
 full and complete Index, "without which," as Deacon, the eminent 
 author of " The Law and Practice of Bankruptcy " (in the English 
 Courts,) expresses it, " the very best law book, however instructive to 
 the student, becomes wholly useless in the hurry of reference to the 
 practitioner, and the value of which can only be appreciated by him 
 who is required, on the instant, to put his finger on the very page for 
 
 5 
 
6 PREFACE, 
 
 an authority to support or to refute an objection suddenly raised in 
 Court." 
 
 In the arrangement of the Act itself, the Editor, it will be found, 
 has followed out a novel, and, as he believes, a most effective plan of 
 separating it into clauses and sub-divisions, by which, in conjunction 
 with comprehensive marginal notes, there will result a clearer view of 
 the intention and proper construction of the law. 
 
 To the Clauses of the Act are added Notes referring to other Sec- 
 tions and Clauses upon which they bear, or which bear upon them. 
 
 To the Eules are appended references to the Sections and Forms to 
 which they relate ; and to the Forms references to the Sections and 
 Clauses of the Act and Rules upon which they are respectively based, 
 together with general marginal references. 
 
 The Editor hereof will, forthwith, commence at Washington the 
 publication of the " U. S. Bankruptcy Reorter," a monthly maga- 
 zine, which, in addition to other matters of interest, will contain all 
 questions of importance arising under the Act and decided in the 
 District or Circuit Courts of the United States ; and in future edi- 
 tions of the Manual such changes will be made as shall comport with 
 the Emendations or Modifications of the Act, the Practice, or General 
 Orders. 
 
 The Index is arranged in Tabular form, and exhibits at a glance the 
 page on which the Sections and the Clauses of the Act will be found. 
 
 The Editor gratefully acknowledges the deep sense of obligation he 
 
 is under to the distinguished Chiej Justice, and to the honorable 
 
 Justices Nelson, Miller, and Swayne, composing the Supreme Court 
 
 (U. S.) Bankrupt Act Committee, and also to Mr. Justice Field, for 
 
 their kind encouragement and approval of his efforts herein. 
 
 Capitol Hill, Washikoton, D. C. , 1 
 Jdhe 1, A. D. 1867. J 
 
TABLE OF CONTENTS. 
 
 Page. 
 
 Dedicatioh 3 
 
 PEEiTAOE 5 
 
 Contests 7 
 
 Eefekenoe to Page at which Sections and General Clauses op Bankeupt Act 
 
 ARE TO be found 11 
 
 Addenda. — Notes, Decisions, and Eeferences. 13 
 
 introd0otion 25 
 
 Oeeicial Geetipicate Authenticating Bankeuptoy Act, Maeoh 2, 1867 31 
 
 U. S. Bankeuptct Act op Maech 2, A. D. 1867. 
 
 1. Courts of Bankruptcy. 33 
 
 2. Administration of the Law in Courts of Bankruptcy 35 
 
 3. Appeals and Practice 40 
 
 4. Voluntary Bankruptcy — Commencement of Proceedings 42 
 
 5. Assignments and Assignees 44 
 
 6. Debts and Proof of Claims 53 
 
 7. Property, Perishable and in Dispute 60 
 
 8. Examination of Bankrupts..., 61 
 
 9. Distribution of Bankrupt's Estate 63 
 
 10. Bankrupt's Discharge, and its Effect 67 
 
 11. Preferences and Fraudulent Conveyances 72 
 
 12. Bankruptcy of Partnerships and Corporations 74 
 
 13. Dates and Depositions 76 
 
 14. Involuntary Bankruptcy 77 
 
 15. Superseding Bankruptcy Proceedings by Arrangement 83 
 
 16. Penalties against Bankrupts 84 
 
 17. Penalties against Officers '. 85 
 
 18. Feesand Costs 86 
 
 19. Meaning of Terms and Computation of Time 88 
 
 20. District of Columbia and Territorial Courts ; 89 
 
 Regulations foe Eeoommendation and Nomination op Registees in Bankeuptct.. 91 
 Special Oedee op Supreme Court as to Publishing Rules and Foems before its 
 
 Appeoval thereof 93 
 
 General Order of Supreme Court appeoving Geneeal Obdees and Foems 94 
 
 List op General Orders of Supreme Court U. S 95 
 
 List of Bankeuptct Couet Foems 97 
 
 Geneeal Oedees of the Supeeme Court U. S 103 
 
 Bankeuptct Couet Foems , 121 
 
 Office-Book Forms 212 
 
 Note as to Approval of Forms, etc , 218 
 
 The Supreme Court of THE United States 219 
 
8 MANUAL OP THE TJ, S. BANKRUPT ACT, 1867. 
 
 OlBOUIT CotJETS OF THE UiHTED STATES 221 
 
 District Couets of the United States 224 
 
 Registers in Bankruptot 230 
 
 U. S. Maeshals.... 243 
 
 Cleeks of U. S. Coijets ^. 251 
 
 Assignees in Bankeupto-sT. 255 
 
 U. S. Commissioners 256 
 
 Peintbbs 257 
 
 Jurors '. ; 257 
 
 Witnesses 257 
 
APPENDIX. 
 
 Index to Euies of Pbaotioe is Coukts of Equity, U. S 261 
 
 Rules of Pbaotioe in do 265 
 
 Rules op Pbaotioe in Courts of Law , 284 
 
 Abstbact of Exemption, Lien, Collection, Limitation, and Interest Lavs of the 
 
 Several States and Tbbbitobies 285 
 
 Compendium of theU. S. Bankrupt Aot, 1800 377 
 
 Compendium OF the V. S. Bankrupt Aot, 1841 385 
 
 The U. S. Bankbupt Act inCongeess 391 
 
 Postal Monet Oedeb Regulations 403 
 
 Rates of Domestic and Fobeign Postage > 404 
 
 Internal Revenue Stamp Duties 405 
 
 Comparative Table of Gold and Silver Coins 408 
 
 Tabular Index , 410 
 
THE F. S. BANKRUPTCY ACT. 
 
 MAKCH 2, 1867. 
 
 REFERElifCE TO THE PAGE AT WHICH EACH SECTION 
 AJSTD CLAUSE WILL BE FOUND. 
 
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 MANUAL OP THE U. S. BANKRUPT ACT. 
 
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 BE FOUND— Continued. 
 
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ADDENDA. 
 
 NOTES, DECISIONS, AND REFERENCES. 
 
 RIGHT OF CONGRESS TO ENACT BANKRUPTCY LAWS— Seo. 1. 
 
 Page. 
 
 33. As to the constitutional right of Congress to pass bankruptcy laws, see subdivis. 5, § 8, 
 
 of the Const. IT. S. 
 The States have authority to pass bankrupt laws, provided they do not impair the 
 obligation of contracts and there be no act of Congress in force to establish a, 
 uniform system of bankruptcy conflicting therewith. (4 Wheaton, 122.) A mere 
 insolvent law is not within the prohibition. (12 Wheat., 213 ; 6 Peters, 348, 635 ; 
 9 Hid., 327 ; 14 lUd., 67 ; and 5 Howard, 295.) 
 The bankruptcy act of 1800* did not affect any preceding judgment which was alien 
 on the bankrupt's property. {Livingston vs. lAvingslon, 2 Caines R., 300; 1 
 Yates, 183.) 
 The act of 1841f applied to prior debts and acts of bankruptcy. {Southern List, of 
 N. r., 1842, IJxp. SuU, 1 W. Y. Leg. Ohs., 1.) 
 
 COURTS OP BANKRUPTCY.— Seos. 1 and 2. 
 
 33. — The Circuit Courts and Dist. Courts of the U. S., the Supreme Court of the Dist. of 
 Columbia, and the Supreme Courts of the several Territories, are, by the act of 
 1867, constituted courts of bankruptcy. ( Vide ^ 1, p. 33, and J 49, p. 89, Manual.) 
 
 By the act of 1800, the Dist. Courts seem (see ? 58 U. S. B. A., 1800,) to have been 
 the only courts of bankruptcy established thereunder, except in case of appeals. 
 
 By the act of 1841, the Circuit Courts and the Dist. Courts of the U. S., and Supreme 
 or Superior Courts of any of the Territories of the U. S., and the then Circuit 
 Court of the U. S. for the Dist. of Columbia, were made courts of bankruptcy. 
 {See sec. 16, act of 1841.) 
 
 ADMINISTRATION OF THE LAW IN COURTS OF BANKRUPTCY.— Secs. 3, 4, 
 
 5, 6, and 7. 
 
 35. — Appointment of Registers. — These co-administrators of the law are first to be nom- 
 inated to the Dist. Judge by the Chief Justice of the Supreme Court U. S., and 
 this nomination can be confirmed or rejected. When rejected, another nomina- 
 tion may be made by the Chief Justice, and in case of vacancy in the office of 
 
 »Enactpr] 4th April, A. D. ISOO; and repealed 19th December, A. D. 1803. f^nacted 19th August, A. D. 
 1841; and repealed 3d M.iroh, A. D. 18«. 
 
 13 
 
14 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 Page. 
 
 Eegister, the Dist. Judge is authorized to fill the same, if the necessities of the' 
 case, in his opinion, require it. Under his authority, the Dist. Judge has com- 
 plete control of the Register after his confirmation of his appointment, and he 
 may remove or suspend him as occasion may demand. 
 
 Formerly, by statute 34, 35, Henry VIII, the powers which have been, iinder subse- 
 quent English and American enactments, vested in Commisaioners, Registrars, and 
 Registers in Bankruptcy, were given immediately to the Lord Chancellor, Lord 
 Keeper, &o. 
 
 In England, under present existing laws, the business of bankruptcy courts is trans- 
 acted by Judges, Commissioners, Registrars, and Deputy Registrars in Bankruptcy, 
 and these officers respectively receive their appointment from the Crown, and 
 Registrars and Deputies hold the same during good behavior. Vacancies are filled 
 by the Lord Chancellon. Persons holding these ofiices cannotpractice as attorneys, 
 nor are they eligible to sit in Parliament. One Register may sit for a Commissioner 
 when requested, in writing, and can act one for another, and, under certain circum- 
 stances, Registers may be appointed by the Lord Chancellor temporarily. They 
 hold ofiice during good behavior. 
 
 By the U. S. Bankrupt Act of 1800, each Dist. Judge was authorized to appoint not 
 exceeding three " good and substantial persons, being citizens of the U S., and 
 resident pf his district, to act as Commissioners in bankruptcy cases." By the 
 XJ. S. Bankrupt Act of 1841, Commissioners to receive proof of debts and perform 
 other duties under the provisions of the act, were appointed by the Dist. Judge 
 in each county. The proceedings under g^ 6 and 7 of the act of 1867 are iden- 
 tical with those nnder the English law of 1861. 
 
 APPEALS AND PRACTICE.— Seos. 8, 9, and 10 ; Geu. Obdees, Rtjle 26. 
 40. — By the Act of 1800, if parties were not satisfied with the action of Commissioners 
 in Bankruptcy, they might petition the Dist Judge to be allowed a July to try facts 
 in dispute, and their verdict was' subject to the control of the court, the same as 
 in suits originally instituted therein. ( U. 8. Bankruptcy Act of 1800, g§ 52 
 and 58.) 
 By see. 4, of the act of 1841, the bankrupt may demand trial by jury, if a majority 
 of his creditors, who have proven their claims, dissented to his discharge, or if 
 hia discharge was refused, or he or they might appeal to the Circuit Court. 
 -As to statutes regulating the granting of writs of error, referred to in the last sub- 
 division of sec. 8, page 41, see Brightly's Digest of U. S. Laws, vol. 1, pa"e 137, 
 under " Clerks of Courts ( U. 8.,)" page 257, under " Errors and Appeals,'' and p. 
 260 Ibid ; also to Conlling's Treatise, 4th Ed., p. 625, ch. V, under head of "Prac 
 tice on Writs of Error." 
 
 VOLUNTARY BANKRUPTCY-COMMENCEMENT OF PROCEEDINGS.— Seo. 11, 
 
 Geist. Oedees, Rule 4. 
 
 42. — Any person, whether citizen or alien, who resides within the jurisdiction of the U. S. 
 may petition to be adjudicated a bankrupt. By the English Consolidation, 
 Act, 1849, {I 277,) it is enacted that the act shall extend to aliens and denizens 
 both, to make them subject thereto, and to entitle them to all the benefits given 
 thereby. 
 
ADDENDA. 15 
 
 Page. ' . . , 
 
 Infants. — A long series of English decisions have negatived the proposition that an 
 
 V infant can be a bankrupt, the ground of this inability being that his contracts, 
 
 unless for necessaries, were void. (See Cases of Qhapple vs. Oooper, 13 M& W. ; 
 
 Peters vs. Fleming, Q M. & W., 42; S. C, 5 L. T. iJep., 223; Whitloek's Case, 
 
 Sel. C. 0. 46.) 
 
 An infant cannot be charged for goods delivered to trade Vfith. {Salk., 279; also 
 see Vol. 1, Doria & Macrae's Law and Practice in Bankruptcy, under title of 
 "Infants," and decisions there cited.) 
 
 Generally, all persons capable of contracting, and being traders, are subject to the 
 bankrupt laws. Inasmuch as an infant cannot trade, a commission (of bankruptcy) 
 against him is, at law, absolutely void. (See Belton vs. Hodges, 9 Sing., 365 ,■ and 
 oases therein cited.) If, however, an infant holds himself out to the world as an 
 adult, and become bankrupt, the court will not aid him in superseding the pro- 
 ceedings. (See Exp. Bates, 2M.D.& D., 337; Exp. Watson, 16 Ves. 265.) 
 
 Per contra. — An infant is entitled to the benefit of the Bankrupt Act. The act (U. 
 S., 1841) makes no exceptions as to persons. (7i^ Circ, 1843, Exp. Booh, a 
 Bankrupt, 3 McLean, 317.) The proceedings may be had in his own name, with- 
 out appointment oiprochein ami. — Ibid. 
 
 A Lunatic cannot, it would seem, commit an act of bankruptcy. (.Ecp. Stamp, 1 
 De Gex. , 345 ; Moulton vs. Camroux, 4 Ex. 17 ; hut see anon 13 Ves. Junr. 590 ; Exp. 
 Priddey, Archibold B. 56.) A lunatic may, however, become a bankrupt if he 
 commits acts of bankruptcy during lucid intervals. {Ex. parte Layton ; 6 Ves., 
 440 ; vide Jackson, Ex. dem. Caldwell vs. King, 4 Cow., 207.) 
 
 A Married Woman ma,j be a bankrupt where liable in her own person, as where 
 she carries on trade without the control of her husband, in oases where in actions 
 against her on her contract in trade, coverture would be no plea. (See Exp. 
 Preston Gh-een, 8 Cooke, 4.0; LabieT/s. Phillips,! W.B.,510; 3Burrl716; IDesaii, 
 445; 18 J. R., 141; 8 /. iJ., 72; 2 Bro., 266.) A feme covert, though living 
 apart from her husband, but upon a separate maintenance, or a married woman, 
 in respect of her trading as a. feme sole before marriage, cannot be a bankrupt. 
 {Marshall vs. Rutten 8 T. R., 845.) 
 
 Where a married woman is entitled to a separate income, which would be forfeited 
 if the adjudication in bankruptcy is in prosecution against the husband, whicli 
 will affect the debts of the wife, the court, in the exercise of its discretionary 
 power, will impound the proceedings until further order. {Re. E. M. Butler, 7 
 L. T. Rep. N. S., 866) It should seem that a divorced woman can be made a bank- 
 rupt. {Vide MacQueeyis' 'Law of Divorce, chap. II.) 
 
 An Executor, who carries on trade for the benefit of a testator's children, may he a 
 bankrupt, {Viner, Caddell, 3 Exp. 88) but, where a limited sum was directed to 
 be paid by a testator to an executor and trustee to carry on trade, it was held 
 that the general assets, beyond that fund, were not liable under the executor's 
 bankruptcy. (.Ecp. Garland, 10 Ves., 110.) And so, where a testator disposed 
 of his property, and directed a trade, in which he was concerned, to be carried 
 on after his death, it was held that only the testator'scapital in the trade was 
 liable to the creditors of the trade, who became such after the death of the tes- 
 tator, and that they had no further claim upon his assets. {Exp. Richardson, 3 
 Madd. 138 ; Exp. Mott; 1 Atk. 102.) 
 
16 MANUAL OF THE V. S. BANKRUPT ACT, 1867. 
 
 Page. 
 
 An Attorney may be adjudicated a bankrupt, as a bill broker. {Re. Parsons, 6 L. T. 
 
 N. S., 61.) 
 A person attainted, as he is liable, n'otwithstandin^ the attaint, to be sued in a civil 
 
 action, it seems, may also be made a bankrupt. (Ramsay vs. McDonald, Foster, 
 
 61 ; Uxp. Bulloch, 14 Ves., 464 ; JJcp. Anderson, 3 Dea., 54.) 
 The general principle seems to be, that all persons (who or whatever they may be) 
 
 who are, in law, capable of making binding contracts and agreements with 
 
 others, are liable to become bankrupts. — Ed. 
 
 OF ASSIGNMENTS AND ASSIGNEES.— Secs. 12 to 18, incl., G. Cs. 37 to 86, incl. , 
 44. — Official Assignees. — Under the Act of 1800, assignees were chosen by the Commissioners 
 in Bankruptcy, who v;ere appointed by the Judges of the Dist. Court. By the 
 Act of 1841, the Dist. Court Judges had the appointing and removing of assignees 
 and of filling vacancies. The present act leaves the selection of assignee to the 
 creditors, subject, nevertheless, to the approval or rejection of the court. On the 
 death of the bankrupt, after issue of warrant upon adj udication, the proceedings do 
 not stop, but go on as if death had not happened; the assignee becomes, as it 
 were, the executor of the decedent bankrupt, and the register, or Court, the 
 surrogate. This provision is identical with the English act. 
 
 The property of the bankrupt becomes vested in the assignee in precisely the same 
 state as the former possessed it, subject to all equities. {Baker vs. Godwin, 11 
 Vesey Junr., 83 ; Mogg vs. Baher, 3 M. and W., 19.5.) 
 
 All interest in real estate of bankrupt, saving his wife's right of dower, is vested in 
 the assignee. (Exp., Bell, 1 Olyn and J., 282.) Consult, generally, as to what 
 property passes to assignee, and his powers, {Amer. Decisions, 1st circ, 1842, Exp. 
 Newhall, 2 Story, 0. Ct.,360; S. Dist. K T., 1843, Exp. Snow, 1 K Y. Leg^ 
 Obs., 264 ; Exp. Fuller, 2 Story, 327 ; McLean vs. Rickey, 3 McLean, 235 ; Carr 
 vs. Hilton, 1 GuH. Circt. Ct., 230; Oarr vs. Oale, 3 Woodb. and M., 38 ; McLean 
 vs. Johnson, 3 McLean, 202 ; In re Grant, 2 Story, C. Ot., 312 ; Cook vs. Lansing 
 3 McLean, 571; Dist. Ot. Vt., 1848, Morgan vs. Jones, 2Z Fi., 739; English 
 notes and decisions : — Examine Deacon's Bankruptcy, Zd ed., 1st vol., 1864 under 
 head of "Assignees," and cases there cited.) 
 
 The property which a bankrupt is seized of as trustee, or en autre droit, does not 
 pass to the assignee. (Copeman vs. Gallant, IP. W., 314; 3 Mad., 28; 1 Sch. 
 and Lef. 328 ; T. R., 619 ; 19 Ves., 491 ; 2 S and S, 346 ; 1 Johm. Oh. Rep., 
 450.) Nor where bankrupt is executor or administrator. Exp. Ellis, 1 Atk 
 101; 3 Burr, 1369; Exp. Marsh, 1 Atk, 158.) Nor where he is factor. (3 
 Pr. Wm.'s R., 187, n.; 2 Str., 11S2 ; Coo^, 384; see Cbujp., 255; WiUes, 400; 
 Whitecomb vs. Jacob, 1 Salk, 160 ; 3 M. and S., 562.) And also property specifi- 
 cally appropriated by the bankrupt before bankruptcy, will not pass to assignee. 
 (Exp. Smith, 3 Swans, 392; Bedford vs. Perkins, 3 Oar. and P., 90; 1 Binn 
 150; 2 Moore, 386; 1 Stark, 481 ; Exp. Smith, Buck, 355; 2 Rose, 457; Z Dea 
 and out., 199, 218 ; 2 Mont, and Ayr., 177 ; and Rex vs. Hunter, 4 Price, 258.) 
 The assignees are not entitled to any goods consigned to bankrupt which are 
 stopped in transitu, whether such goods are consigned to the bankrupt himself 
 or whether he obtains possession of them in their transit to the hands of their 
 
ADDENDA. 17 
 
 Page. 
 
 regular consignee. (6 Bohina' Adm, Jlep.,Z25; 2 Vsm.,203] 1 Atk, 2i5; 3 
 East, 93 ; 6 Ibid, 11; IS. Blacks., 366, n. ; 1 Esp., 240 ; 6 East, 871 ; 2 B. and 
 P., 457.) 
 
 Sights of Assignee. — The assignee is the representative of the bankrupt in all matters 
 relating to his estate and effects — has the same rights and is bound by the same 
 equities. (2 V. and B., 309 ; 13 Fes., 349 ; 2 Vernon, 286.) Where bankrupt ig 
 trustee for another, the assignee is to be considered the same. {Tyrnl vs. Hope, 
 \At'k.,b5i.) All contracts entered into by bankrupt may be adopted by the 
 assignee. (2 Stark, 434 ; 4 Camp., 355.) But the assignee, like any other trustee, 
 will not be permitted to makeaprofit out of th^bankrupt's estate. {Exp. Read, 
 1 Qlyn and J., 77.) Nor can he charge bankrupt's estate with expenses of a suit 
 prosecuted or defended by him on his own responsibility. (1 Ath. Rep., 210.) 
 
 Duties of Assignee. — {8ee Oeneral Orders, rules 9, 19, 21, 22, and 23. 
 
 Liabilities of Assignee. — He is liable for any act committed by him inconsistent with 
 the power delegated to hini. (2 Stark, 354.) Also liable for acts of bis agent or 
 employ^. (1 Atk., 86.) For involuntary loss or misfortune h'e is not liable. 
 (1 Kenyon, 38 ; 1 Atk., 90 ; Amh., 218.) Not liable for loss in disposal of bank- 
 rupt's effects, if not negligent or guilty of misconduct. {Emp. Turner, 1 Mon. 
 and McA. , 52 ) 
 
 Actions by and against Assignee. — The whole of the bankrupt's estate being vested 
 in the assignees, by their appointment, as fully as it was in the bankrupt, they 
 have the same remedies to recover it by suit or otherwise. {Bl. Oomm., 485 
 12 Mod., 324 ; 3 Salk, 59 ; Actions in Assumpsit .—3 Wils., 304 ; 2 T. B., 45 ; 2 TF. 
 BL, 278 ; 2 Wils., 372; also Ohittr/'s Pleadings, tiiCe "Assumpsit;" 2 T. R., 287 
 Wood and M., 518 ; 5 Esp., 200; 4 Taunt, 198 ; 5 Burr, 2589 ; 4 O. and P., 31 
 1 Stark, 481 ; 10 East, 418 ; 1 Stark, 361, per Lord Ellenborough ; 2 Chitty, 652 
 Action on Covenant: — 7 T. R., 537; 1 Bing., New Cases, 399.) 
 
 Action for Debt.—{Branden vs. Pate, 2 H. Bl, 368 ; 2 D. and R., 575 ; 1 B. and C, 
 444; 5 Wendell, 250 ; 2 S., 229.) 
 
 Action for Trespass cannot be maintained by assignee for injury or amotion of prop- 
 erty before he has obtained actual possession. (3 Moo., 96 ; 1 Qlyn. and J., 147.) 
 In the English courts it is doubtful whether assignee can sue in case of tort com- 
 mitted against the estate of the assignee. (6 Taunt, 358 ; 2 Marsh, 59.) 
 
 Action of Trover. — (12 J. R., 403 ; 14 Ibid, 352 ; 1 Caines R., 14 ; Bush and Lyon, 
 
 9 Cow., 52; 1 M. and R., 2; 7 B. and C, 310 ; 2 H. Bl, 135; 6 /. R., 44 ; 10 
 Wendell 389.) Trover is the usual form of action brought by assignees in case 
 of amotion of property, but to maintain the same the bankrupt must have h j.d a 
 right of possession in the chattel at the time the decree issued. (See eases last 
 cited; also 2 Stark, 306 ; 3 0. and P. , 99 ; 3 Wendell 406 ; 1 T. iJ., 475 ; 1 Burr, 
 20; 1 W. Black's, 65; 1 B. and P., 369 ; 2 Str. 1 C. and P., 382; 1 Stark, 481 ; 
 
 10 East, 418 ; 15 /. R., 186 ; Ward vs. Clark, M. and M., 497, per Lord Tenter- 
 den ; 2 T. R., 141 ; 2 Sir., 859; 5 Price, 593 ; 4 M. and R., 613; 7 Cow., 290; 
 8 Taunt, 21 ; 1 Doug., 101 ; 5 Pnce, 604.) 
 
 Parties to Suit. — If there is more than one assignee, in all suits in assumpsit they 
 should be all made parties, and the omission of any one of them would be suffi- 
 cient ground for a non-suit. (1 Chit, 71.) But in actions in trover the omission 
 2 
 
* 
 
 18 MANUAL OF THE V. 8- BANKRUPT ACT, 1867. 
 
 Pago. 
 
 of one of the assignees as plaintiff could only be pleaded in abatement or non- 
 joinder (where the error appears upon the face of the record) by demurrer, motion 
 in arrest of judgment, or writ of error, (Idem.) Generally, as to parties to suit, by 
 and against assignee in bankruptcy — consult 5 East, 407 ; 4 B and A, 345 ; 1 
 Att, 193 ; 3 Gamp., 399. As to declaration and what must be described therein, 
 see CoKjp., 569 ; Wightw., 65; 1 iJosc, 121 ; C, M., aTid It , 687 ; i DowL, P. 0., 
 513 ; M. and M., 158 ; 4 Bing., 115 ; 12 Moore, 327 ; 8 Taunt., 134 ; 1 Moore, 3 ; 
 2 Slarlc, 17 ; 3 Camp., 399 ; 2 Rose. 142 ; 1 M. and Scott, 55 ; 8 Bing., 17. Cause ' 
 of action must be stated in declaration as it accrued to the bankrupt, or to the 
 assignees. {Bernasconi vs. Duhe of Argyle, 3 0. and P., 29, per Lord Tenter- 
 den.) As to Defences, see 1 Sel, N. P., 228 ; 5 M. and 8., 294 ; 1 Chit.. 625 ; 2 
 do., 3 T. P., 599, 325; 5 T. P., 132; 1 C, M., and P., 782; 5 Tyr., 309 ; 1 Str., 
 556; 1 Bing. N. P., 743 ; 1 Hodges, 136 and2U; 1 Seott, 712; 2 Scott, 171 ; 2 
 Bing. N. P., 138 ; 3 Deac. and Chit, 320 ; 3 M. and Scott.) 
 
 Evidence in Actions by Assignee. — In all actions brought by the assignee, where right 
 to sue is disputed, he will have to prove, his title to do so, &c. (3 M. and Scott, 
 822.) The petitioning creditor's debt must be proved by the same evidence that 
 would substantiate that debt as against the bankrupt. {BuL, N. P., 37.) Admis- 
 sions made by bankrupt prior to his bankruptcy are admissible to prove debt. 
 (1 Esp., 168 ; Hardw., 373 ; 4 Taunt, 560.) So, entries made in hi.^ books prior 
 to bankruptcy. (1 Camp., 376^ see Taylor vs. Kinlock, 1 Starh, 111; and gen- 
 erally, 5 Moore, 129 ; 2 B. and B., 388 ; M'Clel, 45 ; ,13 Price, 136.) As to prov- 
 ing of debts existing prior to bankruptcy, see 1 Bing., 426. Act of bankruptcy 
 must be proved by some one who can swear to the fact from his own knowledge. 
 (See Burnett vs. Taylor, 9 Ves., 381 ; P. Wm.'s, 189.) 
 
 As to who may be witnesses : see Lloyd vs. Shelton, 2 Camp., 411 ; 1 Stark, 40 ; 2 Pose, 
 27, 271, 461 andiei; 1 Stark, 132; 3 Camp., 543; 2 Wm. Bl, 1,273; 4 Taunt, 
 326 ; 1 a and P., 582 ; 2 Bing., 514; 10 Moore, 46 ; 2Ves. and B., 177 ; 1 Rose, 
 387 ;■ 5 Moore, 1 72 ; i B. and A., 410 ; 2 Esp. , 736 ; Pealce's Ad. Cases, 187 ; M. 
 and M., 378 ; 4 C. and P., 31 ; 5 Esp., 22 and 187; 4 if. and P., 734; 7 Biny., 
 103 ; 2 ^. 5Z., 279 ; 1 Sel. N. P., 271 ; Bui. N. P., 38 and 43 ; McClell. and Y., 
 397 ; Couip., 70 ; 3 Z>. onti iJ., 215 ; 2 P. cmti C, 14 ; Masters vs. Drayton, 2 T. iJ., 
 496 ; Carter vs. Abbott, 2 D. anci P., 575 ; 1 J. and C, 444 ; 8 Bing., 369 ; 1 
 J^. and Scott, 540 ; 2 Str., 829. 
 
 An applicant for a decree in bankruptcy may be examined before a Commissioner 
 previous to adjudication of bankruptcy. {S. Dist. of N. Y., 1842, Matter of Lee, 
 1 N. Y. Leg. Obs. 83.) 
 
 The bankrupt is subject to a personal examination, but he cannot be made a witness 
 to support or defeat the petition. (8. Dist N. Y., 1843 ; Matter of King, 1 N. Y. 
 Jjeg. Obs. 276 ; Archibold's "Prae. in Bankruptcy," 414-15.) 
 
 Examin.ations of bankrupt taken in other suits may be admitted against him to 
 show the state of his property, (1 N. Y. Leg. Obs. 349.) As to evidence in cases 
 where the bankruptcy is in question — consult Metcalf and Perkins' Digest of 
 Decisions of U. S. Courts, Vol. 1, pp. 398, 399. and 400. 
 
 Where assignee dying or being removed is indebted to estate of bankrupt, his suc- 
 cessor may suslain an action against him or his estate for money had and received. 
 {Smith vs. Jameson, Peake, 69 and 213. J 
 
ADDENDA. 19 
 
 Page. 
 
 DEBTS AND PROOF OF CLAIMS.— Seo. 19, G. C. 87 to 111, incl. 
 
 58. — All debts existing at time of adjudication, vihether -payMe then or in future, raa,y 
 be proved against tbe bankrupt's estate. {See Act, Sec. 19.) Fiduoiaey 
 BEBis being excepted from the discharge of the bankrupt, the interests of the 
 fiduciary creditor are not affected, though the bankrupt may include the debt in 
 his schedule. {Chapman vs. Forsyth, 2 Howard, 206.) As to interest on claims 
 proved, it was formerly not all»wed. {See 1 Ath., 150 ) But now it is generally 
 allowed. {Mills, 2 Vesey, 295.) Consult also, (3 Bro. C. C, 436; 1 Rose, 317 ; 
 6 Paige, 204; 6 Metcalf, 203, 210, 211; 14 Veuy, 573; 2 Glyn. and J., 287 ; 10 
 Gray, 90.) Generally proof cannot be made by one person on behalf of several 
 creditors entitled to prove, unless from necessity or by consent. {Bank of Eng., 
 2 Qlyn. and J., 363.) A trustee cannot prove a debt alone, the cestui que trust 
 must join in the proof. (1 Cox, 310.) But one partner may act for all in proving 
 claims. (19 Ves., 293 ; 2 Base, 172 ; Coop. C. C, 99 ; 14 Vesey, 597.) A collector of 
 taxes may prove for the parish, and if he becomes bankrupt, one parishioner 
 may prove for himself and others. {Grem, 11& ; 1 AtL, HI.) When executor 
 becomes bankrupt or is guilty of devastavit — see Leehe, 2 Bro., 596 ;' Llewellyn 
 Co. B. L., 135. It is held, in case of Crommell vs. Comegys, (7 Ala., 498,) that a 
 voluntary bankrupt is not a competent witness for assignee to prove a debt due 
 him. As to petitioning creditor as witness, see 4 Mass., 237. As to creditor of firm 
 of which bankrupt was a member, see 2 Hayw., 243. As to bankrupt indorser for 
 indorsee. Ibid, 290 As to admissions of bankrupt, oral or written, before or 
 after act of bankruptcy, or the adjudication, see 5 Moore, 129 ; 4 Taunt., 560 ; 1 
 Esp., 168; 1 Camp., 376; 2 M. and 8., 265; McClel, 45. 
 See 4 Bing., 623 ; 1 Moore, 300 ; 5 M. and S., 76 ; IB. and C, 529 ; 4 Camp., 38 ; 
 6 Esp., 121; 5 Moore, 172; 4 B. and A., 410, as to testimony or declarations of 
 petitioning and other creditors, and consult 2 Glyn. and /., 135 ; 11 Ves., 8 ; 19 
 Ibid., 233; 6 Ibid., 781, and 1 Ves. and. B., 74, as to attendance of witness 
 and their testimony before Commissioners (Registers.) A person disqualified to 
 give evidence in other cases, by reason of having committed crime, -may he 
 examined on his application as an. insolvent debtor. (6 Salst., 93 ; 1 Greenleaf 
 on Evidence, e. 374 ; see Hilliard on Bankruptcy and In., under "Proof of Claims," 
 p. 194. 
 
 OF PROPERTY PERISHABLE OR IN DISPUTE.— Seo. 25, G. C. 112, G. O. 22. 
 
 60. — Where property is in danger of depreciating in value from any cause, the court, upon 
 satisfactory showing of the fact by petition, or application of the assignee, or 
 marshal, or bankrupt, or creditor, or of any party in interest, will order the 
 same to be sold, by or under the direction of the assignee or the marshal, at 
 public or private sale, in whole or in part, as may seem for the beA interests of 
 the creditors, and the proceeds to be deposited in court. And where title to 
 property already in the assignee's hands is disputed, upon petition of the assignee, 
 and after i-ensinable notice to the claimant, the court will order it to be sold, 
 under surveillance of the assignee, who shall deposit the proceeds thereof in 
 court. (See General Orders, Mules 21 and 22 ) 
 
20 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 Page, 
 
 EXAMINATION OF BANKRUPTS.— Seo. 26, G. C. 114. 
 
 61.— The bankrupt is bound to answer, in his examination, all matters relating to liia 
 dealings and transactions which may tend to disclose any matters connected with 
 his estate and effects, and whether the same discloses any secret grant, transfer, 
 concealment, or fraudulent parting with his property, choses in action or debts. 
 The general rule of law is that no person is bound to answer any question which 
 may criminate himself; but it has been, held in bankruptcy that, if property of 
 a bankrupt be unaccounted for, he is not excused from answering to any ques- 
 tion put to him with reference thereto, though the same may criminate him. 
 {Exp. Oliver, 1 Hose, 407; 2 V. and B., 244; 1 Ath., 200; CooU, 437; Anon., 
 FonlL, B. C, 48.) But he is not bound to answer questions not necessarily con- 
 nected with a fair elucidation of his estate and effects, or which may tend to 
 degrade him in public estimation. (See Cooke's case, State Trials, vol. 4, p. 748, 
 per Lord Ch. J. Treby ; Bex vs. Leivis, 4 Esp., N. P. C, 225.) The examination 
 of a bankrupt is neither to be too friendly nor a cross-examination, but should 
 be fair, full, and searching, and, with regard to the matter, not rambling in all 
 directions, but limited to the point. — Ed Both manner and matter of examina- 
 tion, though, may be modified by reference to what has gone before in the mind of 
 commissioner and the bankrupt. (1 Com. Law Hep., 45.) 
 
 Generally, as to examination of bankrupt, consult cases enumerated under the head 
 of "Forms of Proceedings,'' in liilliard on Bankruptcy and Insol., 1st cd., p. 90, 
 etseq.; also Doria & Macrae' s"L. and Prac. in Bankruptcy," Eng., vol \,p. 
 170-1-2. 
 
 As to securing the attendance of witnesses, as well as the bankrupt, they may be 
 compelled to give evidence, as in suits at law, and their attendance may be 
 enforced by subpoena or attachment. (See Gen. Orders, Rule 10, p. 107.) 
 
 The English bankrupt law provides for the summoning and compulsory examination 
 of bankrupt's wife. (1 P. Wm 's, 611.) But in our present act no provision is 
 made for compelling her attendance and examination. If she refuses to attend, 
 no discharge will be granted her husband, unless he was unable to procure her 
 presence. — Ed. 
 
 As to liability of bankrupt to arrest during pendency of proceedings in bankruptcy, 
 the act is very explicit. He may not be arrested in any action founded upon a 
 claim provable against him in bankruptcy ; and it is the duty of the Register to 
 whom the proceedings in bankruptcy have been referred, to grant the bankrupt 
 protection from arrest. (See section 4, g. c. 14, p. 36.) 
 
 OF THE DISTRIBUTION OF THE BANKRUPT'S ESTATE.— Seo. 27, G. C. 120. 
 
 63, — The intent of bankruptcy and insolvency laws is to secure the application of such 
 property as the debtor may have to the settlement of his debts ; and this being 
 done to the fullest possible extent, he is relieved from further trouble as to them. 
 Three results are desired to be obtained : First, a distribution of all the debtor's 
 property. Second, an equal distribution of the same among his creditors ; and 
 Third, to discharge an lionest debtor from all prior obligations. This is the 
 general policy of bankrupt and insolvent legislation. (12 Cush., 594-5; 10 
 Met., 333.) 
 
ADDENDA. 21 
 
 Pig* 
 
 The duties of the register and asaigneo, in the finally dispensing of, and distributing the 
 
 bankrupt's estate, are very clearly defined in the act, and in General Orders, 
 Eules 17, 19, 20, 21, and 2S.—Ed. 
 
 The assignee, being a trustee for the benefit of creditors, it has been held iwExp. 
 in re Salisbury, Buck, 245; 5 Sar. and Johns., 147; 2 Black/., 377; 3 Paige, 
 178; 2 Johns. Ch. S., 256; 5 Dana, 481, that he cannot' be permitted to pur- 
 chase bankrupt's property ; if he does, the creditors may set sale aside. 
 
 Purchaser from assignee can insist upon having a marketable title, but will never- 
 theless be bound by conditions of sale. (See 12 Ves., 277 ; 11 Ibid, 243 ; 6 Taunt., 
 259; 1 Marsh, 588 ; 4 Mad., 394; 5 Ves., 145.) 
 
 The bankrupt cannot be- compelled to j oin with assignee in conveyance of his property 
 to purchaser. (2 Hose, 291 ; 1 Cox, 398.) 
 
 Should there be a surplus, either in court or in the hande of the assignee, after pay- 
 ing the creditors in full, such surplus will belong to the bankrupt, if living, or to 
 his heir or personal representative if dead. {Exp. Williams, 4 Hose, 399 ; Koch., 
 1 Base, 317 ; 1 V. and B.. 342 ; 1 Ves., 132.) 
 
 Dividends. — An official assignee cannot resist payment of dividends. (1 Deacon and 
 Cliitty, 51 ; 1 Mont, 503.) Upon a petition to be paid a dividend, the debt can- 
 not be disputed. {Buch., p. 450.) Generally, as to dividends, see 1 JRose, 456 ; 
 15 Vesey, 289; 1 Mont, and Mac, 283; 4: Mass., 96; 12 Vesey,i.Z5\ 8 Metcalf, 19. 
 As to interest payable on dividend, see 1 Olyn and J., 36. As to the coming 
 in of creditors after dividend, see Long., 2 Bro. 0. 0., 50. 
 
 As to preferred claims, see 1 Mont, and B., 413 ; Ibid, 417 ; 1 Mont, 270 ; Ibid, 264 ; 
 Centra; 1 Mont, and Mac, 95 ; 3 Deacon and Chitty, 114 ; 17 Eng. Law and Eq., 
 215 ; 1 Sen. and M., 12 ; 23 Eng. Law and Eq., 257. Also, as to preferred 
 claims,. see Orford 13 Eng. Law and Eq., 540; 7 Johns., 374; 19 Ves., 165; U. S. 
 vs King, Wallace, 13 ; 5 Cranch, 289. The statutes of set off extend to assignees 
 in bankruptcy. (Cowy., 183; io/<.,608;l Wils.,15b; Rose and Hart, 2 Smith's 
 Leading Cases, 172 ; and Amn. note, 3 T. B., 507.) 
 
 OF THE BANKRUPT'S DISCHARGE AND ITS EFFECT.— Seos. 29 to 34 incl. 
 
 67. — The right of discharge, exemption from arrest upon mesne or final process, and from 
 costs and expenses of litigation, comprise in the main the relief sought by the 
 debtor. (5 Oal, 195.) The goods of a certificated bankrupt, as well as his 
 person, are protected, where the same are acquired after bankruptcy. (See Davis 
 vs. Sharpley, 1 B. and Ad, 54.) 
 
 As to discharge from imprisonment, consult 12 Wheat, 378; 3 Hill, 109 ; 4 Ibid, 
 606 ; 24 Wendell, 304. 
 
 Who may be heard against order of discharge.— (See Eng. Reports; Exp. Buchner, 
 1 C. B. L., 462 ; 6 Mad., 193 ; 1 Olyn. and J., 151 ; 2 D.and C, 211 -,4. L.T.N. S., 
 115; 2 Cox, 393; Deacon's Bankruptcy, Zd ed., 1st vol., p. 761, et seq., under 
 head of "Order of Discharge." Also Hiliiard on Bankruptcy and Ins., under 
 " Discharge," 1st ed., p. 227, and n.) 
 
 Operation of Discharge as to Defalcations, Fiduciary Debts, Embezzlements, cic— (See 
 notes on page 70, Manual; also see Hilliard's Bkcy. and Inslo'cy, 1st ed., pp. 225, 
 248, 250, and 261, and cases cited ; also Deacon's Bankruptcy, 3d ed., pp. 118, 799, 
 
22 MANUAL OP THE U. S. BANKRUPT ACT, 1867. 
 
 815, 1074. See also as to fiduciary debts, 8up. a.,1844, Chapman vs. F(/rcylh, 2 
 How., 202.) 
 
 The discharge relieves the bankrupt from all debts, claims, or demands provable 
 under the bankruptcy, and from the effect of all process for contempt ; and if 
 he shall be arrested, or any action shall be brought against him for any such 
 debt or demand, he is to be discharged, upon entering an appearance, and may 
 plead that the cause of action occurred before he was bankrupt. The discharge 
 (as we have before noted) protects the goods as well as the person from all debts 
 provable. (See 1 B. and Ad., 54; Ibid, 629 ; S. C, 1 C. B. Rep., 703 ; 4 Bing., 
 493 ; BtmhU contra, Lane vs. Burghart, 1 O. and D., 311.) All debts provable are 
 discharged. (7 B. and 0., 436, per Lord Tenterden.) The discharge by bank- 
 ruptcy is valid everywhere if it be so at the place where the cause of action was 
 contracted. {Clarke vs. Emery, 1 Foit, and Fon., 466.) 
 
 As to effect of discharge out of the country where the order was granted. (See 6 and 
 1 Will, 4, (,-. 14 ; 2 Scott, N. C, 229, 525 ; 1 Rose, 476 ; Irish Ins. Act, 3 and 4 
 Vict., u. 110; Macrae's Ins. Cases, 251. A leading case, Sillvn. Norswich, 1 //. Bl, 
 655 ; Story's Conflict of Laws, e. 417.) 
 
 Husband and Wife. — By the certificate of discharge of the husband, debts contracted 
 by the wife of bankrupt, dum soZa, are extinguished and do not revive against her 
 in his death. The wife having separate property makes no difference. (Lock- 
 wood vs. Salter, 2 N. and M., 255.) As to Attachments, Award, Covenant, Execu- 
 tor, Fraud, Overseer of Poor, Principal and Surety, Certificate of Surety, and 
 Trustees, see Doria & Macrae, L. and Prac. in Bankruptcy, vol. \,pp. 737, 738, 
 Zd cd., and cases there cited. 
 
 PEEFEREJSGES AND FBAUDULENT CONVEYANCES.— Sec. 35, G. 0. 142. 
 
 72. — See Notes and Cases cited on page 73, Manual; also consult Hilliard on Bankruptcy, 
 etc., under " Preferences.^' 1st. Ed., {Page 322, and notes and cases.) In order to 
 constitute a fraudulent preference, the bankrupt must, at the time of the pay- 
 ment, &o., have been insolvent ; he must have contemplated bankruptcy. (Hun- 
 ter \i. Mortimer, 10 B. and C.,U; 2 Bing., N. C, 225; 4: 0. B., 674;) and the 
 transaction must have been voluntary. (5 East, 175; 1 Bing., N. C, 463.) As 
 to what constitutes insolvency, see Chitty's Stat., 2d ed , vol. 1, ante p. 245, a. (a.) 
 A colorable sale may be a fraudulent preference. (Cowp., 629 ; 2 H. BL, 135.) 
 With respect to transactions which have been held to be fraudulent conveyances, 
 see Burr, 2235 ; 1 Bro. and B., 447 ; 2 Madd., 40; 3 Wils., 47 ; 2 Bos. and P., 
 283. 
 
 BANICEUPTCY OF PARTNERSHIPS AND CORPORATIONS.— Secs. 36 and 37. 
 
 lo.— Partnerships. — See Notes and Cases on pp. 'Jb and 76, Manual. Also 3 Oray, 239 ; 0. 
 CM., 175 ; 11 Ibid, 236 ; 4 Ibid, 127 ; 5 Ibid, 224 ; 13 Chay, 114. As to Insol- 
 vency of. Partnerships. See " Bankruptcy and Insolvency," Is* ed. by Hilliard, 
 under title of "Partnerships." (Deacon's Bankruptcy, under title "Of Partners," 
 ZE'L, vol. l,p. 806 andn. 
 Corporations. — The present is the first act passed by Congres.? whereunder corpora- 
 tions are made liable to bankruptcy. The provisions of bankruptcy enactments 
 
ADDENDA. 23 
 
 Page. ^ 
 
 heretofore iielating to corporations were always very specific, and gave rise^to 
 
 few decided cases. By the act of March 2, 1867, corporations are placed, as 
 regards the application pf the law, on the same footing as partnerships, of which 
 they are a species. Examine Lathrop's "Law of Private Corporations, do." as to 
 powers and , liabilities of trading oorporationa. and joint stock companies in 
 the U. S,— .Ed 
 
 OF DATES AND DEPOSITIONS.— Sec. 38, Q. C. 148. 
 
 76. — The form and routine of proceedings in bankruptcy are regulated by the act author- 
 izing the same, and their validity depends upon a strict conformation to the 
 statute. The filing of the petition in any cage of voluntary or involuntary 
 bankruptcy, is undoubtedly the commencement of proceedings. But see Free- 
 man, 1 Ves. and B., 34; 15 Ibid, 462. See U. S. B. Act, {Sec. 11, General Clause 
 23,p.i2) Manual. 
 
 INVOLUNTAEY BANKRUPTCY.— Secs. 39 to 42 incl. 
 77. — Acts of Bankruptcy Enumerated. See notes .and cases referred to under this'head, [p, 
 77, Manual.) Consult Hilliard on B.and I., \st ed.. under title of "Acts of 
 Bankruptcy and Insolvency '' p. 17, and notes and decisions ; and Deacon's Bank- 
 ruptcy, 3d Ed., under head of "Act of Bankruptcy,' p. 42. As to traders' act of 
 bankruptcy, where it may be committed, 15 Ves., 449 ; Mont. 453 ; Ex parte Be- 
 wehiy. Ibid, i95; Z De O.M., and G., 178, and cases cited. A peculiar quality of an 
 act of bankruptcy is, that when once clearly committed it cannot afterwards be ex- 
 plained away, even though perpetrated unconsciously by the party charged. (1 
 Salt, 110 ; Holt, 95; 2 T. R., 59 ; 3 Exp., 245 ; 2 T. E., 62 ; 1 Taunt, 479 ; Daug., 
 , 89 ; 4 B: and. A-., 382.) Acts of bankruptcy may be classified thus : Ist. Thiose 
 which relate to the person of the debtor, and are designed to defeat the remiedy 
 against the individual. 2d. Those which relate to the disposal of property, and 
 seem designed to keep it.out of reach of creditors. 3d. Those which relate to the 
 state of the circumstances of the debtor, and raise a question of insolvency, 
 whether attended with fraud or not. (Cullen's Bank Law, 30.) As to leaving 
 the State or country, see 2 Bl. Com., 477 ; 1 Camp., 280 ; 2 Ibid, 530 ; Bull, N. P , 
 39 ; \C. B. L., '73 ; 2 I)eac., 324 ; 1 Star., 144. 
 
 As to being absent and remaining away, see 1 Holt, 175 ; 5 Ves., 576 ; 4 Camp,, 286 ; 
 6 Bing., 370 ; 1 De Gex., and 1, 300. 
 
 As to concealing himself, etc., see 5 T. Hep., 575; 10 B. and 0., 705; 1 C. B. L., 
 79 ; 1 Rose, 50 ; 1 Mood, and M., 458 ; 7 Vin. Ab., 61 pi, 14 ex p. Levy; Wol- 
 stonhome, Hughes Abr., 315,; Mont 66; 1 Salt, 110; 2 T. B., 59. 
 
 As to fraudulent conveyances of property by bankrupt, in fraud of creditors, see 5 T. 
 iJ., 530; Die/;., 533; 1 £sp., 68; I Ad. and E.,'!! ; .Cowp.,&29; Z K.and I., 
 99; 1 Camp., 333; 1 L'd Raymond, 286; see Sir W. Euan's Comp. of the Law 
 upon Statutes of Fraudulent Conveyances — 1 Smith, L. C, 19; St Moore, 19; 4 
 East, 1 ; b DeG. M., and G., 392 ; 2 K and N., 410.) Observe the course of 
 cases on fraudulent deeds, under Stat Eliz., in note in Twyne's ease, 1 Smith, L. 
 C, 1; 2 Bl., 362; 2 Burr, 830. And, generally, consult, as to decisions coming 
 under the 5th, 6th, 7th, and 8th subdivisions of Sec. 39, Deacon's Bankruptcy, Zd 
 and last ed., p. 4, sec. 11. 
 
24 MANUAL OP THE U, S. BANKRUPT ACT, 1867. 
 
 k SUPEESEDING BANKRUPTCY B^AEEANGEMENT.— Sec. 43, G. C. 162. 
 
 Pago. 
 
 82. — Several experiments were made in England for the winding up of insolvent debtors' 
 estates, subject to the supervision of the Bankruptcy Courts, few of which oper- 
 ated successfully. * * * * The machinery was cumbrous and complicated, and 
 the system was seldom adopted. {James' Bankrupt Loajo, 1867, p. 285.) This 
 provision in the act of 1867 was taken from the English act, which see— {English 
 Act of 1861, sec. 185.) It is altogether likely, however, that this mode of wind- 
 ing up an insolvent's estate will find more favor in this country than in Eng- 
 land. Such a plan of settlement is evidently more agreeable to the American 
 people than the usual bankruptcy proceedings, and as the course prescribed in 
 Section 43 of the U. S. B. Act of 1867, seems to be more complete than the Eng- 
 lish law in many respects, we apprehend that in the new legislation about to 
 be had in Parliament upon the subject of bankruptcy, the English statutes in 
 this, as well as in many other respects, will be made to harmonize as closely with 
 our own as circumstances will permit. — Ed. 
 
 PENALTIES AGAINST BANKRUPTS.— Sec. 44, G. C. 166. 
 
 84. — Under this section the wilful commission of any act by the bankrupt, which will in 
 any way tend to render abortive the intention of the law, or to thwart or impede 
 its proper action, is criminal, and is made a misdemeanor, punishable by im- 
 prisonment. — Ed. 
 
 PENALTIES AGAINST OFFICERS.— Secs. 45 and 46, G. 0. 167. 
 
 ■85. — By Section 45, any unofficial act of any officer appointed to administer or execute 
 the law is made punishable by fine and imprisonment ; and, by Sec. 46, any 
 person who shall wilfully commit any act by which the name of any officer in 
 bankruptcy, or the seal of the court, is forged, counterfeited, or unlawfully used, 
 shall be deemed guilty of felony, and shall be punished by fine and imprison- 
 ment. 
 
 FEES AND COSTS.— Sec. 47, G. C. 169. 
 
 ■86, — See note on pp. 86, 87, and 88. The Judges of District Courts of the U. S. are 
 authorized to adjust and tax costs of proceedings, and, when necessary, to make 
 additions to the fees and costs, and to give extra allowances, as prescribed by this 
 section. 
 
 MEANING OF TEEMS AND TIME.— Sec. 48. 
 ■88. — See note on page 88. 
 
 DISTEICT OF COLUMBIA AND TEEBITORIES.— Sec. 49, G. C's 172-3-4. 
 
 «9.— In the hurried legislation which characterized the final passage of the Act, (it being 
 at the close of the 39th Congress,) this section was accidentally brought under 
 the head of " Meaning of Terms, &c." It is properly a part of Sec. 1. See note 
 on p. 89, and first note to Addenda. 
 
INTRODUCTION. 
 
 Neither limits of time or space will permit of an extended treatise, or 
 history of Bankruptcy, much as it may be desired. The field is large, 
 and the subject of great interest, especially at the present time, when 
 the American public is on the qui vive for any information which will 
 reliably acquaint it with the basis and details of a great system about 
 to be tested by it. 
 
 The earliest mention of any positive law of Bankruptcy which the 
 Editor has been able to discover in his researches, will be found in the 
 ancient Roman Code of the Twelve Tables, which the renowned Cicero 
 (in Be Orat., 1, 1,) refers to with such marked respect. Others 
 may be more successful in tracing the origin of Bankruptcy legisla- 
 tion to a remoter antiquity. The Eoman law above mentioned, was 
 most sanguinary in its character. By it, the creditors, after some 
 preparatory formalities, were authorized to cause the body of their 
 debtor to be cut into pieces, corresponding in number and size to the 
 number and amount of their respective claims ; and those who were 
 disinclined to adopt this most atrocious method of settlement, had the 
 right to subject the truly unfortunate debtor to chains, the scourge, 
 and hard labor ; or, they might seize him at any time, and, after 
 closely confining him in prison for sixty days, (during which space he 
 was heavily loaded with chains, and otherwise treated as if he were one 
 of the worst of felons,) they could sell him, together with his wife 
 and children, into foreign slavery, \trang Tyherim.] Such law con- 
 tinued in force until the year of Rome 427, when it was repealed, 
 
 after an existence of about one hundred and twenty years; and it was 
 25 
 
26 MANUAL OF THE U. S. BANKRUPT ACT, 1887. 
 
 thereafter enacted that the creditor should no longer have the disposal 
 of the persons of his debtor, or of his family; but all his property was 
 liable to seizure. Subsequently, further modifications were made in 
 the Roman laws as to Bankruptcy, by which a more lenient course 
 was observed towards the debtor ; and finally, by the Lex Julia, pro- 
 mulgated by Augustus Caesar, insolvents who had become so without 
 Jraud, were allowed the benefit of cessio bonorum, (which consisted in the 
 surrender of all their property to the payment of their debts,) and. they 
 were thereby exempted from personal penalties.* This surrender was 
 effected by a solemn declaration, cither judicial or extra-judicial, and 
 the property thus relinquished was sold, and the proceeds of the sale 
 were distributed among the creditors ; but the debtor was not thereby 
 discharged of his debts unless his creditors were fully paid. He was, 
 however, (if his debts were not fully paid,) at their instance, protected 
 from imprisonment, and if he afterwards acquired any estate it was 
 liable to be attached for the balance, except a sufficient portion for 
 his subsistence. 
 
 Afterwards, (A. D. 530) were originated the celebrated Pandects of 
 Justinian, which were completed, in 533, by Tribonian, who, with 
 sixteen commissioners, was authorized to prepare the same. These 
 were a collection of extracts from all the most eminent judicial liter- 
 ature of more ancient times, and were designed to compose a body of 
 law for the government of the Roman Empire, suited to the wants of 
 the age. Therein were included such enactments aflfecting insolvents 
 as were then extant.f From the Justinian Period, and following the 
 various mutations of empire and conquest, the cessio bonorum — which, 
 as we have intimated, was a humane improvement of the Great Caesar 
 upon the execrably atrocious severity of the old laws as to Insolvent 
 
 * Vide, TeraBson, Historic de la Jurisp. Somaine; and Diixkscn's AttemptfA Restoration of tJie Twelve Tables. 
 
 ■j-Fiill power was given to the commission to select only what was useful, to omit what was antitjuated or 
 Biipprfliuiu , to avoid cc nlradictiona, anil to malic such alterations or corrections on the original works as tbey 
 niii'lit ihinlk expedient. Ten years were allowed by the Emperor for this immoDso work, but it was completed 
 in three years from its beginning. 
 
INTRODUCTION. 27 
 
 Debtors, instituted under Sylla's dictatorship — has become dispersed 
 among, and forms a part of the jurisprudence of nearly every Euro- 
 pean state, but modified, nevertheless, in each, to conform to local 
 systems and interests.* England alone is an exception ; borrowing 
 wisdom and enlightenment from the judicial experiences and practices 
 of surrounding empires and principalities, she has refined upon all 
 their codes, by culling the virtues of each from all redundancies and 
 questionable characteristics, and has founded a system of Bankruptcy 
 which she is constantly improving, and which, forms the basis of all the 
 United States Bankruptcy Acts that have been passed. 
 
 The term Bankrupt^ has been given as many different significations 
 as there have been authors who have written upon the subject of 
 Bankruptcy. Sir Edwaed Coke derives it from hanque and route, 
 meaning a track or trail — signifying one whose bank has been taken 
 away, but leaving a trace behind. Blaclcstone derives it from the words 
 hanque, or hancus (meaning a tradesman's counter ov table) and ruptus, 
 (or broken,) denoting one whose place of trade had been broken up — 
 literally, bank-broken. 
 
 The first English statute noticing the crime (then so considered) of 
 Bankruptcy, was enacted in the twenty-fifth year of Edward III, against 
 
 * In Franco and Scotland the cessio htmorum is stripped of most of its ancient formalities and crudities. B3' 
 tlie ancient law, in Franco every debtor who sought the benefit of cessio waa obliged to appear in public wearing: a 
 green bonnet, (fioniiet vert,) under penalty of being imprisoned if found "without it. It was intended, Pothier 
 Bays, as a warning of prudence to his fellow-citizens. And, formerly, in Scotland a similar custom prevailed; 
 only tho debtor was compelled to wear a suit, consisting of cap and upper garments, part yellow, and partly in 
 brown {Di/vmir^s Itabit) Now, these customs are entirely dispensed with in those countries, though, in other 
 respects, the laws hereunder conform to the Boman code in their leading outlines. (See Stori/^s Conjlict ff Laws, 
 492.) In Holland, under tho cessio honorum, the debtor is not exempted from imprisonment, except by consent 
 of creditors. In Germany the same law prevails in many sections of the kingdom. 
 
 f In many respects Bankruptcy is different from Insolvency, though to a cursory glance they are identical. 
 A nice sense of discrimination defines an Insolvent to be one who is in a state of present inability to pay his 
 debts in the ordinary course of business, as persons in trade usually do — in England especially applied to per- 
 sons who are not traders — io7ii?e aCanUrupt is defined.by Blackstone to be a trader who secretes himself, or 
 does certain acts tending to deiraud his creditors. Webster says : In this sense, a man may be a bankrupt and 
 not iTisolvent, or an insolvent and not a hankrupt. Two striking points of difference may be observed which dis- 
 tinguish the effect of insolvency laws and those relating to Bankruptcy. In the first tlie insufficient assets 
 become the common property of the creditors; while in the latter, as insolvency may bo a resultant of misfor- 
 tune, andTrom by no means wilJul or culpable neglect, it is often just and expedient to allow to the debtor that 
 release from a thraldom, which would render him an inefficient member of community, if he voluntarily turns 
 over everything to his creditors. 
 
28 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 tlie iomJarcZs, Tvho, coming from Northern Germany, and Northern Italy, 
 into England, formed a company in London for the purpose of carrying 
 on the business of money-lending. These having made heavy obligations 
 to their creditors, suddenly absconded out of the realm without payment. 
 It was therefore enacted, "That if any merchant of the (a) Company 
 acknowledged himself bound in that manner, {in any manner,) that then 
 the Company shall answer to the debt, so that another merchant, who 
 is not of the Company, shall not be thereby aggrieved nor impeached." 
 (4 Inst., 277.) The first statute concerning any English bankrupts, was 
 34th and 35th Henry VIII,* and it may be considered the foundation 
 of all subsequent English statutes respecting Bankruptcy. Under that 
 enactment, a bankrupt was treated as a felon, and was liable to the 
 death penalty. The Lord Chancellor, Lord Keeper, &c., were author- 
 ized, upon complaint made to them, to sell the effects of the offender, 
 and divide the proceeds among his creditors, fro rata. If the bank- 
 rupt left the kingdom, and did not return on the proclamation made 
 for that purpose, he was declared to be out of the king's protection. 
 Many statutes were passed from time to time thereafter, which, though 
 tending to enlarge the principles of the Bankrupt Law of England, 
 nevertheless, left many of its severities nearly undisturbed until the 
 iVew Statute of 6 Q-eo., 4 c, 1 5., by which the most sweeping changes 
 were made in a system that had long been considered inimical to the 
 growing liberal and humane tendencies of the age. In 1824, an act 
 Consolidating all the various Bankrupt Laws, which had become 
 scattered through the statute books, in some twenty different acts, was 
 passed. In 1882 (1 and 2 Will.., 4 c, 56) was established the Court of 
 Banhruptcy, and in 1849, (12 and 13 Viet, c. 106,) it was again found 
 necessary to contract the growing tendency of the various laws, then 
 existing, to become dispersed through the statute books, by the pas- 
 
 * "An Act against Buch Persons as do Mako Bankrupt," and tho profaco thereof recitod as follows : " Whereas 
 divers and sundry persons, craftily obtaining into tlicir hands great substance of other men's goods, do suddenly 
 flee to parts unknown, or keep their houses, not minding to pay or restore to any of their creditors their debts 
 and duties, but at their own wills and pleasures consume the substance obtained by credit of other men for 
 their own pleasure and delicate living, against all reason, equity, and goud conscience." 
 
INTRODUCTION. 29 
 
 sage of another Consolidation Act, by which, Bankruptcy, in the eyes 
 of the law ceased to be regarded as criminal, or, as of necessity, 
 censurable in all respects. This act was followed by the amendatory 
 Act of 1854; and finally, the law assumed its present status under the 
 subsequent and final act of 1861.* 
 
 The action of Congress upon the present American Act was regarded 
 with much interest in England, and in other European countries, many 
 of the governments of which (as the editor 'hereof gleans from the 
 numerous enquiries relating to the subject, contained in various letters 
 and applications received from eminent foreign jurists and others) 
 seem desirous of obtaining the latest legislation and treatises upon a 
 system of such great importance to the general business community of 
 every enlightened nation. 
 
 In a country like ours, divided as it is into nearly fiftyf depart- 
 ments, many of them greater in extent than some of the larger states 
 of the old world, each governed by its own code of laws, aff"ected by 
 interests materially dilFering, in many respects, from those of its neigh- 
 boring divisions, (though under the same national control,) it has been 
 found impossible to perpetuate any of the Bankruptcy laws which 
 Congress hitherto enacted. 
 
 The true principle of every law affecting persons and property 
 should be, we imagine, the general application of its benefits. The 
 difficulty experienced with such Bankruptcy laws as have been enacted 
 in the United States, (and perhaps the same objection has been found 
 to those of the mother country,) is that they have pointed their benefits 
 to a particular class in community; thus : the Act of 1800 benefitted 
 the creditor to the exclusion of the debtor; and that of 1841 notoriously 
 benefitted the debtor at the expense of the creditor. The first was 
 compulsory in its character; the last contemplated voluntary Bank- 
 
 * 24 and 25 Yict , c. 134— by which great chaDges were made under the system proposed by Lord Westbiiry. 
 and, thereby was secured a more perfect union of administration, and the broad principle of dealing with all 
 classes of insolvent debtors, whether traders or non-traders, upon one common basis. — D. and if. 
 f With our new acquirement of Kussian Territory. 
 
30 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 ruptcy only; and neither affected Co-partnerships or Corporations, nor 
 did they admit of compromises or Proceedings by Arrangement between 
 creditors and the bankrupt. The present Act (1867) covers all these 
 former omissions, and though in its practical application there may be 
 found cogent reasons for suggesting various amendments to some of 
 its sections or clauses, it has all the elements of permanency, and 
 undoubtedly forms as perfect a system of Bankruptcy as at this period 
 could be successfully established. 
 
UNITED STATES OF AMERICA. 
 
 DEPARTMENT OF STATE. 
 
 To all to whom these presents shall come, Greeting : 
 
 I certify, that annexed is a true copy of an Act of Congress, ap- 
 proved March 2, 1867, entitled "An Act to Establish a Uniform 
 System of Bankruptcy throughout the United States;" the original of 
 ■which is on file in this Department. 
 
 In testimony whereof, I, William H. Seward, Secretary of State of 
 the United States, have hereunto subscribed my name and caused the 
 seal of the Department of State to be affixed. 
 
 Done at the city of Washington, this thirtieth day of May, A. D. 
 f Seal of 1 1867, and of the independence of the United States of 
 {De^axtment. | ^^Hgrica the ninety-first. 
 
 WILLIAM H. SEWARD. 
 
 31 
 
TO ESTABLISH 
 
 A UNIFORM SYSTEM OF BANKRUPTCY 
 
 THEOUGHOUT 
 
 THE UNITED STATES. 
 
 COURTS OP BANKRUPTCY. 
 (General Clause 1.) 
 
 JBe it enacted by the Senate and House of Representatives of District courts 
 (he United States of America in Congress assembled, That the courts of banu- 
 several District Courts of the United States be, and they 
 hereby are, constituted coui-ts of bankruptcy, and they 
 shall have original jurisdiction in their respective districts TiioyshaiiimvB 
 in all matters and proceedings in bankruptcy, and they tion'°in mauom 
 are hereby authorized to hear and adjudicate upon the™ 
 same according to the provisions of this Act. * 
 
 (General Clause 2.) 
 The said com'ts shall be always open for the transaction Bankruptcy 
 of business under this Act, and the powers and jurisdiction mys' ojon" for 
 hereby granted and conferred shall be exercised as well in tus' act. 
 vacation as in term time; and a judge sitting in 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. 
 
 (General Clause 3.) 
 And the lurisdiction hereby conferred shall extend — Matters to 
 
 _ ,, , , . . . , , 111 which jurisdio- 
 
 To all cases and controversies arismg between the bank- tionofBaidoomts 
 
 oxteudc 
 
 rupt and any creditor or creditors who shi^U claim any 
 debt or demand under the bankruptcy ; -> 
 
 To the collection of all the assets of the bankrupt ; 
 
 *< The Supreme Court of the District of Columbia, and Supreme Court of Territoriea are vested with similar 
 jurisdiction as District Courts of the United States. Vlde J 49, general clauses 172, 173, and 174. 
 
 3 33 
 
34 MANUAL OF THE U. S, BANKRUPT ACT, 1867. 
 
 To the ascertainment and liquidation of the liens and 
 other specific claims thereon ; 
 
 To the adjustment of the various priorities and conflict- 
 ing 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; 
 
 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. 
 
 (General Clause 4.) 
 Power to com- Thc Said courts shall have full authority to compel obe- 
 
 pel obedience to .J L 
 
 See" """^ *^" <3ience to all orders and decrees passed by them in bank- 
 ruptcy, by process of contempt and other remedial process, 
 to the same extent that the Circuit Courts now have in any 
 suit pending therein in equity. 
 
 (General Clause 5.) 
 courtamaysit Said courts may sit for the transaction of business in 
 
 at any place in "^ 
 
 the district. bankruptcy at any place in the district, of which place, 
 and the time of holding court, they shall have given no- 
 tice, as well as at the places designated by law for holding 
 such courts. 
 
 SECTION TWO. 
 (General Clause 6.) 
 
 Mvo^u'iSktio*^ -^""^ ^^ *' further enacted, That the several Circuit Courts 
 
 thifaSr'"""'*'' of the United States within and for the districts where the 
 
 proceedings in bankruptcy shall be pending shall have a 
 
 general superintendence and jurisdiction of all eases and 
 
 questions arising under this Act; and, except when special 
 
 May hear and provision is Otherwise made, may, upon bill, petition, or 
 
 dotermiue same ^ ^ %> ^ x 7jr7 
 
 TJi ™""'''' °^ °^"^^ proper process of any party aggrieved, hear and 
 determine the case as a court of equity. 
 (General Clause 7.) 
 
 riSton ofiS '^^^ powers and jurisdiction hereby granted may be ex- 
 S'edTaLmS ercised either by said court, or by any justice thereof, iu 
 vacation. term time or vacation. 
 
THE BANICDTJPT ACT. 35 
 
 (General Clause 8.) 
 Said Circuit Courts shall also have concurrent jurisdiction circuit crrart to 
 with the District Courts of the same district, of all suits at juHsdi^cM™ w^th 
 
 1 . ., 1-1 in IT 1^1 ji District Courts of 
 
 law, or in equity, which may or shall be brought by the Buitshyoragmnst 
 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 bank- 
 rupt transferable to, or vested in such assignee; 
 
 (General Clause 9.) 
 But no suit at law or in equity shall in any case be main- imitation of 
 
 X tf •/ suits by or 
 
 tainable by or against such assignee, or by or against any "s*'™* assignee. 
 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: Provided, That nothing herein contained shall 
 revive a right of action barred at the time such assignee 
 is appointed. 
 
 OF THE ADMINISTRATION OP THE LAW IN CODETS OP BANK- 
 
 EUPTCY. 
 
 SBCTIOBT THESE. 
 (General Clause 10.) 
 
 And be it further enacted. That it shall be the duty of the negieters in 
 
 ^ banliruptcy to be 
 
 ludges of the District Courts of the United States within 5??^'°?*°*. ^^ 
 
 V a Chief Justice Su- 
 
 and for the several districts to appoint in each Congres- ^naT^'oii'todif' 
 sional District in said districts, upon the nomination and ™^*™' ^°^^^- 
 recommendation of the Chief Justice of the Supreme Court 
 of the United States, one or more registers in bankruptcy, be^appdiuM^iS 
 to assist the judge of the District Court in the performance Monaimswc"'" 
 of his duties under this Act. 
 
 (General Clause 11.) 
 'Eo person shall be eligible to such appointment unless Kegister to to 
 
 11 n „ . 1 ,7 coun. at law of 
 
 he be a counsellor oi said court, or oi some one of the District court or 
 
 p 1 n 1 c^ . . court of record in 
 
 courts 01 record ot the State in which he resides. state wiiero resi- 
 
 dent. 
 
 (General Clause 12.) 
 
 Before entering upon the duties of his office, every per- Register to give 
 
 son so appointed a register in bankruptcy shall give a bond d™'hargo "Jf du- 
 
 ties. 
 
36 MANUAL OF THE V. S. BANKRUPT ACT, 1867. 
 
 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 sure- 
 ties satisfactory to said court, or to either of the said jus- 
 tices thereof. * 
 (General Clause 13.) 
 To take oath And he shall, in open court, take and subscribe the oath 
 
 before entering ' ^ ' 
 
 on bis office, prescrib^cd in the act entitled "An Act to prescribe an oath 
 of office, and for other purposes," approved July second, 
 eighteen hundred and sixty-two, and also, that he will not 
 during his continuance in office be, directly or indirectly, 
 interested in, or benefited by the fees or emoluments aris- 
 ing from any suit or matter pending in bankruptcy in 
 either the District or Circuit Court in his district. 
 
 SECTION FOUR. 
 (General Clause 14.) 
 
 Powers and da- And be U further enacted, That every register in hank- 
 ies o regis er. j,^p^gy^ gg appointed and qualified, shall have power, and 
 it shall be his duty — 
 
 To make adjudication of bankruptcy; 
 To receive the surrender of any bankrupt ; 
 To administer To administer oaths in all proceedings before him; 
 Preside at cred- To hold and prcside at meetings of creditors; 
 Taiie proof of To take proof of debts ; 
 
 ^Compute divi- To make all computations of dividends, and all orders 
 dfswbution" 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 ; 
 Pass accounts To audit and pass accounts of assignees: 
 
 of assignees; _- j. ^ ,• o ' 
 
 To grant pro- i o grant protection ; 
 
 00 ions, o. rpQ p^gg ^j^g y^^^ examination of any bankrupt in cases 
 
 whenever the assignee or a creditor do not oppose ; 
 
 Maysitincham- And to sit iu chambers and dispatch there such part of 
 the administrative business of the court and such uncon- 
 tested matters as shall be defined in general rules and 
 orders, or ^^^^J^^^}j^^^^^\^^^y:Wc\i\siX mat- 
 
 kc^p^'i'ifet !,°f ^"^^ he shall also make short memoranda of his proceed- 
 Fo^him."-'" '" ii>g8 in each case in which he shall act, in a docket to be 
 
THE BANKRUPT ACT, 37 
 
 kept by him for that purpose, and he shall forthwith, as 
 the proceedings are taken, forward to the clerk of the Dis- 
 trict 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 reg- o^e , register 
 
 »/ o *j J o may act for an- 
 
 ister thereof. o"'™- 
 
 , (General Clause 15.) 
 
 Provided, however, That nothing in this section contained po^Sfof" gis' 
 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 discliarge; 
 
 (General Clause 16.) 
 
 But in all matters where an issue of fact or of law is raised faa''oT°iaw°are 
 and contested by any party to the proceedings before him, Lllra. ''°*"'"''^' 
 it shall be his duty to cause the question or issue to be 
 stated by the opposing parties in writing, and he shall ad- How disposed of. 
 journ the same into court for decision by the judge. 
 
 (General Clause 17.) 
 1^0 register shall be of counsel or attorney, either in or cannot act as 
 
 . . fit counsel, or attor- 
 
 out 01 court, in any suit or matter pending; in bankruptcy, '^^y, <" executor, 
 
 ' •' r o r J ' la bankruptcy 
 
 in either the Circuit or District Court of his district, nor in casesinCircuitor 
 
 ' District Courts pr 
 
 an appeal therefrom; nor shall he be executor, administra- ws district. 
 
 tor, guardian, commissioner, 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 Cannot be in- 
 
 ■*■ '' teresEed in foefl 
 
 emoluments arising from either of said trusts. « said courts. 
 
 (General Clause IS.) 
 
 The fees of said registers,* as established by this Act, I'ees of regis- 
 
 . , , , , - ' T . -, , „ n ters. By whom 
 
 and by the general rules and orders required to be framed '» "o paid, 
 under it, shall be paid to them by the parties for whom 
 the services may be rendered in the course of proceedings 
 authorized by this Act. 
 
 SECTION FIVE. 
 (General Clause 19.) 
 
 And be it further enacted, That the judge of the District t^d at any piaw 
 
 directed 
 tlis- 
 
 Court may direct a register to attend at any place within by"°ago'^o7''. 
 
 • Vide 25, G. 0. 19; g 28, G. C. 130; g47- 
 
3S MANUAL OF THE U, S. BANKRUPT ACT, 1867. 
 
 vofulitar°TaDk-*^® district, for the purpose of hearing such voluntary 
 opp'cS?''^''™" applications under this Act as may not be opposed; of at- 
 tending any meeting of creditors, or receiving any proof 
 of debts, and, generally, for the prosecution of any bank- 
 ruptcy or other proceedings under this Act; and the trav- 
 elling and incidental expenses of such register, and of any 
 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; 
 Powers^ there, 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 per- 
 sons or witnesses, and for requiring the production of 
 books, papers, and documents : 
 
 (General Clause 20.) 
 
 D»poaitioBs ta- Provided always, That all depositions of persons and wit- 
 ken before regis- to • t • nn t i 
 
 ter to be in writ- nesses takcu before said register, and all acts done by 
 
 ing and to fce 7 . . . 
 
 filed. him, shall be reduced to writing and be signed by him, 
 
 and shall be filed in the clerk's office as part of the pro- 
 ceedings. 
 
 (General Clause 21.) 
 
 Mayberemov- Such register shall be subject to removal by the judge 
 judge. of the District Court ; 
 
 (General Clause 22.) 
 
 Vacancy in of- And all vacancics occurring bv such removal, or by 
 
 flee of register; . . r. ■ t n i i i 
 
 how filled. 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 un- 
 necessary. 
 
 SECTION SIX. 
 ' (General Clause 23.) 
 
 Opinion of dis- And he it further enacted, That any party shall, during 
 
 trict judge, may .'' ' , . "i., , 
 
 be obtained the proccedings betore a register, be at liberty to take 
 
 • TideSlO.G. 0. 31. 
 
THE BANKRUPT ACT. 39 
 
 the opinion of the district judge upon any point ov matter during ponacmcy 
 arising in the course oi such proceedings, or upon the before roKister, 
 result of such proceedings, which shall be stated by the teieatod. 
 register in the shape of a short certificate to the iude;e, Regiaterinsucii 
 
 ° ^ J o 5 case to certiiy 
 
 who shall sign the same if he approve thereof; and such todiatrict''-ud'? 
 certificate, so signed, shall be binding on all the parties 
 to the proceeding ; but every such certificate may be dis- 
 charged or varied by the judge at chambers or in open 
 court. 
 
 (General Clause 24.) ^ 
 
 In any bankruptcy, or in any other proceedings within opinion of the 
 
 •^ i ./ J */ L o court m special 
 
 the jurisdiction of the court under this Act, the parties con- <="=««• 
 
 cerned, 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 iudgment of the court shall be final, unless it be . p^oision of 
 
 *' ° ' judge therein 
 
 agreed and stated in such special case that either party may *°*' ""i^^^' *=■ 
 appeal, if, in such case, an appeal is allowed by this Act. 
 
 (General Clause 25.) 
 The parties may also, if thev think fit, ae:ree, that upon Parties may 
 
 . . ■ "i 1 1 ■ T 1 "Sree to settle 
 
 the question or questions raised by such special case beingc disputed cMm on 
 
 ^ ^ ./J. a result of district 
 
 finally decided, a sum of money, fixed by the parties, or to J"''e'''« "p™""- 
 be ascertained by the court, or in such manner as the court 
 may direct, or any property, or the amount of any dis- 
 puted debt or claim, shall be paid, delivered, or transferred 
 by one of such parties to the other of them, either with or 
 without costs. 
 
 SECTION SEVEN. 
 
 (General Clause 26.) 
 And be it further enacted. That parties and witnesses Parties and wit- 
 
 ■' ^ ■*• nesses summoned 
 
 summoned before a register shall be bound to attend, in *° ''"'> proteo- 
 pursuance of such summons, at the place and time desig- 
 nated therein, and shall be entitled to protection, and be ces^'oV contoSfpt 
 liable to process of contempt in like manner as parties mco. ''°'''''"™''" 
 and witnesses are now liable thereto in case of default in 
 attendance under any writ of subpoena ; 
 
40 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 (General Clause 27.) 
 Perjury before And all persoDS wilfiilly and corruptly swearing or 
 puliSbei. ''°"' affirming falsely before a register shall be liable to all the 
 penalties, punishments, and consequences of perjury. 
 
 (General Clause 28.) 
 iiefneai to If auv pcrsou examined before a register shall refuse or 
 
 Bwcar, or answer , , . ' . -, . ' ±.' 
 
 beirae;howpnn- dechne to auswer, or to swear to or sign nis exammation 
 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 com- 
 pellable by law to answer such question or to sign such 
 examination ; and such person shall also be liable to be pun- 
 ished for contempt. 
 
 APPEALS AND PRACTICE. 
 
 SECTION EIGHT. 
 (General Clause 29.) 
 
 Appeals to cir- And be it further enacted. That appeals may be taken 
 
 (jiiit Courts in -^ . ^ . „ . . 
 
 equity; how from the District to the Circuit Courts in all cases in equity, 
 writsoferror; and writs of error may be allowed to said Circuit Courts 
 
 wbon allowed. *^ 
 
 from said District Courts in cases at law under the juris- 
 diction created by this act when the debt or damages - 
 claimed amount to more than five hundred dollars ; and 
 any supposed creditor, whose claim is wholly or in part 
 rejected, or an assignee who is dissatisfied with the allow- 
 ance of a claim, may appeal from the decision of the Dis- 
 trict Court to the Circuit Court for the same district; but no 
 appeal shall be allowed in any case from the District to the 
 Notice of np- Circuit Court unless it is claimed, and notice given thereof 
 
 l^"al to be entered *-^ 
 
 with record of to the clcrk of the District Court, to be entered with the 
 
 lii'oceedingswitn- ^ ' 
 
 iu Jen days after record of the proceedings, and also to the assignee or 
 
 entry of decision xr o 7 O 
 
 appealed from, creditor, as the case may be, or to the defeated party in 
 equity, within ten days after the entry of the decree or de- 
 cision appealed from. 
 
 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. 
 
THE BANKRUPT ACT. 41 
 
 But if the appellant in writing waives his appeal hefore ,vnt?o''app"'i"il'i[ 
 any decision thereon, proceedings may be had in the Dis- fheroon°&a'°° 
 trict Court as if no appeal had been taken. 
 
 And no appeal shall be allowed unless the appellant, at givt^'usuiitondl 
 the time of claiming the same, shall give bond in manner 
 now required by law in cases of such appeals. 
 
 1^0 writ of error shall be allowed unless the party claim- 
 ing it shall comply with the statutes regulating the grant- 
 ing of such writs. 
 
 SECTION NINE. 
 (General Clause 30.) 
 
 And he it further enacted. That in cases arising under Appoai from 
 
 •^ ' o c 1 r c u 1 1 to Sii- 
 
 this Act, no appeal or writ of error shall be allowed in any |''™ atS^'riEl 
 case from the Circuit Courts to the Supreme Court of the ^a^eSceed"'"* 
 United States, unless the matter in dispute in such case *^''""'- 
 shall exceed two thousand dollars. 
 
 SECTION TEN. 
 
 (General Clause 31.) 
 And beit further enacted. That the Justices of the Supreme Genemiordorg^ 
 
 _ , . „ -"^ Supreme Court of 
 
 Court of the United States, subject to the provisions of th^^-s-toframe. 
 this Act, shall frame general orders for the following pur- 
 poses: 
 
 For regulating the practice and procedure of the District Practice, &e. 
 Courts in bankruptcy, and the several forms of petitions, 
 orders, and other proceedings to be used in said courts in 
 all matters under this Act ; 
 
 For regulating the duties of the various officers of said ''i"*' »f "^ 
 
 ° ° cere. 
 
 courts ; 
 
 For regulating the fees payable, and the charges and i'<'«s, 4c. 
 costs to be allowed, except such as are established by this 
 Act or by law, with respect to all proceedings in bankruptcy 
 before said courts, not exceeding the rate of fees now al- 
 lowed by law for similar services in other proceedings ; 
 
 For regulating the practice and procedure upon appeals; Appeals, 4o. 
 
 For regulating the filing, custody, and inspection ofEecords. 
 records ; 
 
 And generally for carrying the provisions of this Act into 
 effect. 
 
42 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 Euiesofprac- After such ffeneral orders shall have been so framed, 
 
 tice may be re- C3 
 
 Bcindedorvaried. they, or auj of them, may be rescinded or varied, and other 
 general orders may be framed in manner aforesaid; 
 
 (General Clause 32.) 
 General orders Aud all such general ordcrs 80 framed shall, from time 
 
 adopted by Su- ° /--i n i 
 
 prome Court to time, bv the Justices of the Supreme Court, be reported 
 
 Jieruunder to be ' *' i . ' , 
 
 reported to Con- to Cougress, wlth such suggestions as said Justices may 
 think proper. 
 
 VOLUNTARY BANKEUPTCY— COMMENCEMENT OF PROCEED- 
 INGS. 
 
 SECTION ELEVEN. 
 
 (General Clause 33.) 
 whomaypeti- And be it fwther enacted, That if any person residing 
 
 tion to be ad- .,. - . ..... t> i tt • -\ c^ • t i 
 
 judgedbankrupt. within the jurisdictiou ot the United btates, owing debts 
 provable under this Act exceeding the amount of three 
 hundred dollars, shall apply by petition, addressed to the 
 judge of the judicial district in which such debtor has re- 
 sided or carried on business for the six months next imme- 
 diately preceding the time of filing such petition, or for the 
 longest period during such six months, setting forth his 
 What petition flace of residence, his inability to pay all Jm 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; 
 Must have And shall annex to his petition a schedule, verified by 
 
 nexed, "co^nwii- oath bcfore the court, or before a register in bankruptcy, 
 oreditoraf' ° ov before One of the commissioners of the circuit court of 
 the United States, containing a full and true statement of 
 all his debts, and, as far as possible, to whom due, with 
 the place of residence of each creditor, if known to the 
 debtor, and, if not known, the fact to be so stated, and the 
 sum due to each creditor ; also the nature of each debt or 
 demand, whether founded on written security, obligation, 
 contract, or otherwise, and also the true cause and con- 
 sideration of such indebtedness in each case, and the place 
 where such indebtedness accrued, and a statement of any 
 existing mortgage, pledge, lien, judgment, or collateral oi 
 other security given for the payment of the same ; 
 
THE BANKRUPT ACT. 43 
 
 And shall also annex to his petition an accurate inven- ^^f^^"'^*"'^' "^ 
 TORY, verified in like manner, of all 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 encumbrances thereon ; 
 
 (General Clause 34.) 
 The filing of such petition shall be an act of bank- ^^™'ll "1^"% 
 ruptcy, and such petitioner shall be adjudged a bankrupt; i'a"'"™p"=y- 
 
 (General Clause 35.) 
 
 Provided, That all citizens of the United States petition- take'oatro'f'Siie- 
 ing to be declared bankrupt shall, in filing such petition, ^""°°' 
 and before any proceedings thereon, take and subscribe an 
 oath of allegiance and fidelity to the United States, which 
 oath shall be filed and recorded with the proceedings in 
 bankruptcy. 
 
 (General Clause 36.) 
 
 And the judge of the District Courts, or, if there be no Judge to tkBig- 
 
 , *. ■ T ^^^'^ register be- 
 
 opposing party, any register of said court, to be designated fore whom p.o- 
 by the judge, shall forthwith, if he be satisfied that the ^^■ 
 debts due from the petitioner exceed three hundred dol- 
 lars, issue a warrant, to be signed by such judge or reg- warrant in 
 ister, directed to the marshal of said district, authorizing Marshal of di's- 
 
 him forthwith, as messenger, to publish notices in such gertonoufycred- 
 
 *-'■*■ itors of bankrupt- 
 
 newspapers as the warrant specifies; to serve written or "y'p^*"'™'^'- 
 
 printed notice, by mail or personally, on all creditors upon 
 the schedule filed with the debtor's 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 con- 
 cerned as the warrant specifies, which notice shall state : whatnotiooto 
 
 T-f- rm '11 contain. 
 
 Mrst. That a warrant m 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 transfer of any property by him, are forbidden 
 by law. 
 
 Third. That a meeting of the creditors of the debtor, 
 giving the names, residences, and amounts, so far as known, 
 to prove their debts and choose one or more assignees of 
 
44 MANUAL OF THE TJ. S. liAXKEUPT ACT, 1867. 
 
 Motice,4c. his estate, will be held at a 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 issuing 
 of the same. 
 
 OF ASSIGNMENTS AND ASSIGNEES. 
 
 SECTION TWELVE. 
 (General Clause 37.) 
 
 Register to pre- And be U furtker enacted, That at the meeting held in 
 of creditoia. pursuancB of the notice, one of the registers of the court 
 shall preside, and the messenger Shall make return of the 
 warrant and of his doings thereon ; and if it appears that 
 the notice to the creditors has not been given as required 
 in the warrant, the meeting shall forthwith be adjourned, 
 and a new notice given as required. 
 
 (General Clause 38.) 
 Death of bank- jf h^q dcbtor dics after the issuing of the warrant, the 
 
 rupt after war- o ' 
 
 contimw *°pro- proceedings vaaj be continued and concluded in like man- 
 
 ceedinga. jjgj, ^^ jf ]^g J^j^^ liVCd, 
 
 SECTION THIRTEEN. 
 (General Clause 39.) 
 
 Aosigneetobe Aud be U fuvther enacted. That the creditors shall, at the 
 
 choton at first n , j." i i i j^j. t x* ^ j_i 
 
 meeting of cred- ilrst meeting held atter aue notice irom the messenger, in 
 presence of a register designated by the court, choose one 
 or more assignees of the estate of the debtor; the choice 
 to be made by the greater part in value and in number of 
 the creditors who have proved their debts. 
 
 Where creditors If no choicc IS made bv the creditors at said meeting, 
 
 fail to choose as- ^ '' °' 
 
 Ippoint.^''*' '° the judge, or, if there be no opposing interest, the register, 
 shall appoint one or more assignees. 
 
 (General Clause 41.) 
 .Tndge or rog- If an assignee, so chosen or aopointed, fails within five 
 
 'Bter may All va- o ' ^ i ? 
 
 fXtoMM^'t""" ^'"^y^ ^^ express in writing his acceptance of the trust, the 
 
 judge or register may till the vacancy. 
 
THE BANKKUPT ACT. 45 
 
 (General Clause 42.) 
 All elections or appointments of assignees shall be sub- gi^^*^^^^°^ 
 ject to the approval of the judge; and when in his judg- Pf°^f^„''y j'^g^ 
 ment it is for any cause needful o^ expedient, he may ap- SutonT°?ssiBD- 
 point additional assignees, or order a new election. °°°" 
 
 (Greneral Clause 43.) 
 The judge at any time may, and upon the request in wri- 
 ting of any creditor who has proved his claim shall require Assigneo may 
 
 ,. . ., i rr> • 1 1 iTT-T** required lo 
 
 the assignee to give good and sufficient bond to the United give bona. 
 States, with a condition for the faithful performance and 
 discharge of his duties; 
 
 (General Clause 44.) 
 The bond shall be approved by the judge or register Bona of as- 
 hy his endorsement thereon, shall be filed with the record prm-Mi ify'jud"^ 
 of the case, and inure to the benefit of all creditors prov- flied?^° " "" 
 ing their claims, and may be prosecuted in the name and 
 for the benefit of any injured party. 
 
 (General Clause 45.) 
 
 If the assignee fails to give the bond within such time AaBigneefaiHug 
 as the judge orders, not exceeding ten days after notice Jemovea!"' 
 to him of such order, the judge shall remove him and 
 appoint another in his place. 
 
 SECTION FOURTEEN. 
 
 (General Clause 46.) 
 And be it further enacted. That as soon as said assignee AasiOTment to 
 
 *f f . O assignee of banis- 
 
 is appointed and qualified, the judge, or, where there js "'pt'^ ^s**""- 
 no opposing interest, the register, shall, by an instrument 
 under his hand, assign and convey to the assignee all the 
 estate, real and personal, of the bankrupt, with all his to to made iiy 
 deeds, books, and papers relating thereto; and such assign- ^"^®° °"''^'^'"' 
 ment shall relate back to the commencement of said pro- 
 ceedings in bankruptcy, and thereupon, by operation of law^ 
 the title to all such property and estate, both real and personal, 
 shall vest in said assignee, although the same is ttien attached 
 on mesne process as the property of the debtor, and shall 
 dissolve any such attachment made within four months 
 next preceding the commencement of said proceedings : 
 
46 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 (General Clause 47.) 
 Exceptions of Provided, however. That there shall be excepted from the 
 
 property tif bank- ' ' , 
 
 rupt from the operation of the provisions of this section — 
 
 opontttoDB 01 tola ^ '- - i i 
 
 act- • The necessary household and kitchen furniture, and such 
 
 other articles and necessaries of such bankrupt as the said 
 assignee shall designate and set apart, having reference in 
 the amount to the family, condition, and circumstances of 
 the bankrupt, but altogether not to exceed in value, in any 
 case, the sum of five hundred dollars ; 
 
 And also the wearing apparel of such bankrupt, and 
 that of his wife and children ; 
 
 And the uniform, arms, and equipments of any person 
 who is or has been a soldier in the militia or in the service 
 of the United States ; 
 
 And such other property as now is, or hereafter shall be 
 exempted from attachment, or seizure, or levy on execu- 
 tion by the laws of the United States ; 
 
 And such other property not included in the foregoing 
 exceptions as is exempted from levy and sale upon execu- 
 tion or other process, or order of any court, by the laws 
 of the State in which the bankrupt has his domicile at the 
 time of the commencement of the proceedings in bank- 
 ruptcy, to an amount not exceeding that allowed by such 
 State exemption laws in force in the year eighteen hun- 
 dred and sixty-four : 
 
 (General Clause 48.) 
 
 Said exceptions Provided, That the foregoing exception shall operate as a 
 iiMon^&eT ""'limitation upon the conveyance of the property of the 
 bankrupt, to his assignees ; 
 
 (General Clause 49.) 
 innocasoprop- Aud in uo case shall the property hereby excepted pass 
 pass toawi^ee? to thc assiguecs, or the title of the bankrupt thereto be 
 impaired or afiected by any of the provisions of this Act ; 
 
 (General Clause 50.) 
 Decision of as- And the determination of the assignee in the matter 
 
 eignee Huhject to,^- . - ., ,, i^it*. 
 
 decision of court, shall, ou cxceptiou taken, be subject to the final decision 
 of the said court : 
 
THE BANKRUPT ACT. 47 
 
 (General Clause 51.) 
 And provided further. That no morteraaie of any vessel wmTionajm 
 
 ^ , , , , 1 ■ r- ""rteige not at- 
 
 or of any other goods or chattels, made as security tor feotBU. 
 any debt or debts, in good faith and for present considera- 
 tions, and otherwise valid, and duly recorded, pursuant to 
 any statute of the United States, or of any State, shall be 
 invalidated or affected hereby. 
 
 (General Clause 52.) 
 
 And all the property conveyed by the bankrupt in fraud 
 of his creditors; 
 
 All rights in equity, choses in action, patents and patent, 
 rights and copy-rights ; 
 
 All debts due him, or any person for his use, and all liens 
 and securities therefor ; 
 
 And all his rights of action for property or estate, real .„4T'^afr™he? 
 or personal, and for any cause of action which the bank- Sgilt^'of b.-ini> 
 rupt had against any person arising from contract or from adjiiciicatYnn°° Cf 
 the unlawful taking or detention or of injury to the property ''™''''"P"'y- 
 of the bankrupt; and all his rights of redeeming such 
 property or estate, with the like right, title, power, and 
 authority to sell, manage, dispose of, sue for, and recover 
 or defend the same, as the bankrupt might or could have 
 had if no assignment had been made, shall, in virtue of the 
 adjudication of bankruptcy and the appoi7itment of his assignee, 
 be at once vested in such assignee ; 
 
 (General Clause 53.) 
 And he may sue for and recover the said estate, debts, .^Assigneo an- 
 
 •^ ' ' thoi-ized to sue 
 
 and effects, and may prosecute and defend all suits at law ftnd^su'ts™ endl 
 or in equity, pending g,t the time of the adjudication of j°fi^^t^™"^J*'^- 
 bankruptcy, in which such bankrupt is a party in his own 
 name, in the same manner and with the. like effect as they ^ 
 might have been presented*or defended by such bankrupt. 
 
 (General Clause 54.) 
 
 And a copy, duly certified by the clerk of the court, under Certificate of 
 
 rJ T -1 J 1 clerk of the court 
 
 the seal thereof, of the assignment made by the iuda:e or conclusive evi- 
 
 _ o ,/ */ o deuce in matters 
 
 register, as the case may be, to him as assignee, shall be °' ij™-™ptey. 
 conclusive evidence of his title as such assignee to take, 
 hold, sue for, and recover the property of the bankrupt, 
 
 * Ab eiTor in thg^ approved act — ^read " prosecuted," instead of " presented." — Ed, (^i^^^^-"-" — ^^ — ^^"^ 
 
 • Ab error m tne approved act — read " prosecuted," instea 
 
48 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 as hereinbefore mentioned ; but no property held by the 
 bankrupt in trust shall pass by such assignment.* 
 
 (General Clause 55.) 
 
 Bilncp'olfo't'mai^I ^° persou shall be entitled to maintain an action against 
 t«'"nt'y''d^jB'''no- ^^ assigncc In bankruptcy for anything done by him as 
 *'"■ such assignee, without previously giving him twenty days' 
 
 notice of such action, specifying the cause thereof, to the 
 end that such assignee may have an opportunity of tender- 
 ing amends, should he see fit to do so. 
 (General Clause 56.) 
 of'^bSra t°nS ^'^ person shall be entitled, as against the assignee, to 
 ftom'^MBSee'*''''' withhold from him possession of any books of account of 
 the bankrupt, or claim any lien thereon ; 
 
 (General Clause 57.) 
 
 Death of as- And uo Buit in which the assignee is a party shall be 
 
 Bignee not to o Jr ./ 
 
 abate Buits, &o. abated by his death or removal from office, but the same 
 may be prosecuted and defended by his successors, or by 
 the surviving or remaining assignee, as the case may be, 
 
 (General Clause 58.) ' 
 
 Asaigneo may The assiguee shall have authority, under the order and 
 
 redeem' or dis- * «' ' 
 
 bySr^ot'coun <3ii'ection of the court, to redeem or discharge any mort- 
 gage or conditional contract, or pledge or deposit, or lieu 
 upon any property, real or personal, whenever payable, 
 and to tender due performance of the condition thereof, 
 or to sell the same subject to such mortgage, lien, or other 
 encumbrances. 
 
 (General Clause 59.) 
 Tnpt™to"e''con- '^^® dcbtor shall also, at the request of the assignee, and 
 liiaee. *" '^' ^* *^^ expcnsc of the estate, make and execute any instru- 
 ments, deeds, and writings which may be proper, to enable 
 the assignee to possess himself fully of all the assets of the 
 bankrupt.f 
 
 (General Clause 60.) 
 
 immSonoo™ '^^^ assignee shall immediately give notice of his ap- 
 
 hta appofntmoDt'poi'it™^'^* by publication, at least once a week for three 
 
 successive weeks, in such newspapers as shall, for that 
 
 purpose, be designated by the court, due regard being had 
 
 «feJ14, Q.C.62; J 16,0. 0.70. f Vide J 26, G. C. 116. 
 
THE BANKRUPT ACT. 49 
 
 to their general circulation in the district or in that portion 
 of the district in which the bankrupt and his creditors shall 
 reside, 
 
 (General Clause 61.) 
 And shall, within six mouths, cause the assienment to Assignee must, 
 
 , . ■ , T T . . f T ^ 1 within montJii-, 
 
 him to be recorded in every registry ot deeds or other tavo assignment 
 
 *^ c> ij recorded ever.y- 
 
 office within the United States where a conveyance of any where wieve is 
 
 •^ ^ real estate of 
 
 lands owned by the bankrupt ought by law to be recorded ; tanitrupt. 
 
 (General Clause 62.) 
 And the record of such assignment, or a duly certified Record oi as 
 
 ^ , signment or cer 
 
 copy thereof, shall be evidence thereof in all courts.* tifledcopy to bj 
 
 i •/ ' evidence lliereot 
 
 SECTION FIFTEEN. 
 (General Clause 63.) 
 
 And be it further enacted. That the assignee shall demand to demand ana 
 
 •' ' , receive estate us- 
 
 and receive from any and all persons holding the same, all ='g°ed. 
 the estate assigned, or intended to be assigned, under the 
 provisions of this Act; 
 
 (General Clause 64.) 
 
 And he shall sell all such unencumbered estate, real and T" sen unen- 
 
 • cumbered estato 
 
 personal, which comes to his hands, on such terms as hea'<J'«efetiou. 
 thinks most for the interest of the creditors; f 
 
 (General Clause 65.) 
 
 But upon petition of any person interested, and for cause court, on peti- 
 
 ., T - , . _ tion or cau"o 
 
 shown, the court may make such order concerning the shown, may rx 
 
 ' *^ o time, place, nud 
 
 time, place, and manner of sale, as will, in its opinion, manner of sale. 
 prove to the interest of the creditors ; 
 
 (General Clause 66.) 
 
 And the assignee shall keep a regular account of all Assignee to 
 money received by him as assignee, to which every cred- counts^to whicu 
 itor shall, at reasonable times, have free resort. have free access. 
 
 SECTION SIXTEEN. 
 
 (General Clause 67.) 
 And be it further enacted, That the assignee shall have the to have same 
 like remedy to recover all said estate, debts, and effects in rapt^^to^recOTer 
 his own name, as the debtor might have had if the decree ''*''■ 
 
 » Tide i 14, G. C. 64. f Vide § 24, G. C. llZj and J 28, G. G. 127. 
 
50 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 in bankruptcy had not been rendered and no assignment 
 bad been made. 
 
 f (General Clause 68.) 
 
 To lii-oseouto If at the time of the commencement of the proceedings 
 
 suits for estate in ' /> i 
 
 whenTo. """^ i'^ bankruptcy an action is pending in the name of the 
 debtor for the recovery of a debt or other thing which 
 might or ought to pass to the assignee by the assignment, 
 the assignee shall, if he requires it, be admitted to prosecute 
 tlae action in his own name, in like manner and with like 
 effect as if it had been originally commenced by him. 
 
 (General Clause 69.) 
 
 Death or re- No suit pending in the name of the assignee shall be 
 abate suit. abated by his death or removal ; but upon the motion of 
 the surviving, or remaining, or new assignee, as the case 
 may be, he shall be admitted to prosecute the suit, in like 
 manner and with like eflfect as if it had been originally 
 commenced by him.* 
 
 (General Clause 70.) 
 
 Certified copy In suits prosecuted by the assignee a certified copy of 
 donfe°"Srauthor: the assignment made to him by the judge or register shall 
 ity to sue. -^^ conclusive evidence of his authority to sue.f 
 
 SECTION SEVENTEEN. 
 (General Clause 71.) 
 
 Assignee to de- Aud he U furtJier enacted, That the assignee shall, as soon 
 
 posit moneys in ■, ,. ■ ■ i i • x j.l_ i j. 
 
 bank in bis own as may be atter receiving any money belonging to the estate, 
 
 deposit the same in some bank in his name as assignee, or 
 
 otherwise keep it distinct and apart from all other money 
 
 and" Sta""of ^^ ^i'^ possession ; and shall, as far as practicable, keep all 
 
 tat'e''™?plrat'e' goods and cffects belonging to the estate separate and apart 
 
 ey^sinTeffecTs?"" ^om all othcr goods in his possession, or designated by 
 
 appropriate marks, so that they may be easily and clearly 
 
 distinguished, and may not be exposed or liable to be taken 
 
 as his property or for the payment of his debts. 
 
 (General Clause 72.) , 
 
 in™Bt''fund" by When it appears that the distribution of the estate may 
 certain caTe" '" DC delayed by litigation or other cause, the court may direct 
 
 * Vide G. C. 67, 1 U. f Vide J 14, G. C. 63, 64 and 62. 
 
THE BANKBUPT ACT. 51 
 
 the temporary investment of the money belonging to such 
 estate in securities to be approved by the judge or a register 
 of said court, or may authorize the same to be deposited 
 in any convenient bank, upon such interest, not exceeding 
 the legal rate, as the bank may contract with the assignee 
 to pay thereon. 
 
 (General Clause 73.) 
 
 He shall give written notice to all known creditors, by /^^fj™,"''^^^! 
 mail or otherwise, of all dividends, and such notice of j^^^^-g^o'-^i- 
 meetings, after the first, as may be ordered by the court. 
 
 (General Clause 74.) 
 He shall be allowed, and may retain, out of money in J„°^:'„t?8 ^ 
 his hands, all the necessary disbursements made by him in ^jf^^-^.V 
 the discharge of his duty, and a reasonable compensation "™- 
 for his services, in the discretion of the court.* 
 
 (General Clause 75.) 
 
 He may, under the direction of the court, submit any J[^^y ^fl^l 
 controversy arising in the settlement of demands against ^'„^t"o" e"ilf "y 
 the estate, or of debts due to it, to the determination of ''''''=*"'°°'"""'- 
 arbitrators, to be chosen by him and the other party to the 
 controversy, and may, under such direction, compound and 
 settle any such controversy by agreement with the other 
 party, as he thinks proper and most for the interest of the 
 creditors. 
 
 SECTION EIGHTEEN. 
 
 (General Clause 76.) 
 And be it further enacted. That the court, after due notice May be re- 
 
 ^ ' '^ moved by conrt 
 
 and hearing, may remove an assignee for any cause which, fcr cause. 
 in the judgment of the court, renders such removal neces- 
 sary or expedient. 
 
 (General Clause 77.) 
 At a meetina: called by order of the court in its discretion Moy bo rs- 
 
 o ./ miiTed by credi- 
 
 for the purpose, or which shall be called upon the applica- ^/l„°^^ consent 
 tion of a majority of the creditors in number and value, 
 the creditors may, with consent of the court, remove any 
 
 * See Doria & Macrea on Law and Practice in Bankruptcy under English Consol. Act 1819, pp. 872, 3 and 4, 
 and cases there cited. 
 
52 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 assignee by such a vote as is hereinbefore provided for the 
 choice of assignee. 
 
 (General Clause 78.) 
 
 be'di'Sfe'd?'"^ An assignee may, with the consent of the judge, resign 
 his trust, and be dischai-ged therefrom. 
 
 (General Clause 79.) 
 vscancy to be Vacaucies caused by death, or otherwise, in the office of 
 
 nllea by court or , ./ ' ' 
 
 creditoiB. asslgnce may be filled by appointment of the court, or, at 
 its discretion, by an election by the creditors, in the man- 
 ner hereinbefore provided, at a regular meeting, or at a 
 meeting called for the purpose, with such notice thereof, 
 in writing, to all known creditors, and by such person as 
 the court shall direct. 
 
 (General Clause 80. 
 Not released Tlje resiffnatiou or removal of an assignee shall in no 
 
 from accounta- o o 
 
 fion^or^remm™' ^^^ release him from performing all things requisite on 
 his part for the proper closing up of his trust and the trans- 
 mission thereof to his successors, nor shall it affect the 
 liability of the principal or surety on the bond given by 
 the assignee. 
 
 (General Clause 81.) 
 Eemaining as- When, bv death, or otherwise, the number of assignees 
 
 Bigneevested 3 ai ? / o 
 
 with estate. jg reduced, the estate of the debtor not lawfully disposed 
 of shall vest in the remaining assignee or assignees, and 
 the persons selected to fill vacancies, if any, with the same 
 powers and duties relative thereto as if they were originally 
 chosen. 
 
 (General Clause 82.) 
 Outgoing as- Any former assignee, iis executors or administrators, 
 
 Bignee shall make *^ . o ? *^ J 
 
 "ucceBlor'^ '° '''^ "Poii rcqucst, and at the expense of the estate, shall make 
 and execute to the new assignee all deeds, conveyances, 
 and assurances, and do all other lawful acts requisite to 
 enable him to recover and receive all the estate. 
 
 (General Clause 83.) 
 j.^court^may^6n- And the court may make all orders which it may deem 
 fcm'duty'" *""' expedient to secure the proper fulfillment of the duties of 
 
 any former assignee, and the rights and interests of all 
 
 persons interested in the estate. 
 
THE BANKRUPT ACT. 58 
 
 (General Clause 84.) 
 Fo person who has received any preference contrary to . J^-ff"™*,"™*,- 
 the provisions of this Act shall vote for or be eligible as b« a^Bignees. 
 assignee. 
 
 (General Clause 85. 
 But no title to property, real or personal, sold, trans- J^^lf^^^^°l 
 ferred, or conveyed by an assignee, shall be affected or <>'• 
 impaired by reason of his ineligibility. 
 
 (General Clause 86.) _ ^^.^^ 
 
 An assignee refusing or unreasonably neglecting to exe- .^May^te i'^^ 
 cute an instrument when lawfully required by the court, giect of trust, 
 or disobeying a lawful order or decree of the court in the 
 premises, may be punished as for a contempt of court.* 
 
 OF DEBTS AND PEOOP OF CLAIMS. 
 
 SECTION NINETEEN. 
 (General Clause 87.) 
 
 And be it further enacted. That all debts due and payable Debts prova. 
 
 T T • <. 1 T ble— payable 
 
 from the bankrupt at the time of the adiudication of bank- present or future 
 
 ^ ^ — rebate of later- 
 
 ruptcy, and all debts then existing but not payable until a eaton. 
 future day, a rebate of interest being made when no inter- 
 est is payable by the terms of contract, may be proved against 
 the estate of the bankrupt. 
 
 (General Clause 88.) 
 All demands against the bankrupt for or on account of As to gona« 
 any goods or chattels wrongfully taken, converted, or with- bybanknipt. 
 held by him, may be proved and allowed as debts to the 
 amount of the value of the property so taken or withheld, 
 with interest, t 
 
 (General Clause 89.) 
 If the bankrupt shall be bound as drawer, indorser,, as tn iiawiity 
 surety, bail, or guarantor ilpon any bill, bond, note, or any d™w""ondor8er, 
 other specialty or contract, or for any debt of another per- "utlr.' 
 son, and his liability shall not have become absolute until 
 after the adjudication of bankruptcy, the creditor may 
 
 « Vide § 19., G. 0. 98, g 28, O. C. 127 and 128. + J 33, G. 0. 137. 
 
54 MANUAL OP THE U. S. BANKRUPT ACT, 1867. 
 
 prove the same after such liability shall have become fixed, 
 and before the final dividend shall have been declared. 
 
 (General Clause 90.) 
 Contingent liar In all cases of Contingent debts and contingent liabilities 
 riiptr ° °" ' contracted by the bankrupt, and not herein otherwise pro- 
 vided for, the creditor may make claim therefor, and have 
 his claim allowed, with the right to share in the dividends, 
 if the contingency shall happen before the order for the 
 final dividend; or he may at any time apply to the court 
 to have the present value of the debt or liability ascer- 
 tained and liquidated, which shall then be done in such 
 manner as the court shall order, and he shall be allowed to 
 prove for the amount so ascertained. 
 
 (General Clause 91.) 
 
 Hia liability for Anv persou liable as bail, surety, guarantor, or otherwise 
 
 money paid for , tut • i i t i 
 
 him by bail and for the bankrupt, who shall have paid the debt or any part 
 
 other surety. ^ ' ■*■ '' ■*■ 
 
 thereof in discharge of the whole, shall be entitled to prove 
 such debt, or to stand in the place of the creditor if he shall 
 have proved the same, although such payments shall have 
 been made after the proceedings in bankruptcy were com- 
 ' menced. 
 
 (General Clause 92.) 
 Liability for And any pcrsou so liable for the bankrupt, and who hag 
 foThim^^'no't not paid the whole of said debt, but is still liable for the 
 prote y payee. ^^.^^ ^^ ^^^ ^^^^ thercof, may, if the creditor shall fail or 
 
 omit to prove such debt, prove the same, either in the name 
 of the creditor or otherwise, as may be provided by the 
 rules, and subject to such regulations and limitations as 
 may be established by such rules. 
 
 (General Clause 93.) 
 Liability for "Whcrc the bankrupt is liable to pay rent, or other debt 
 
 rent, or other pe- p,,. , pit t 
 
 riodicai pay- falling due at fixed and stated periods, the creditor may 
 prove for a proportionate part.thoreof up to the time of the 
 bankruptcy, as if the same grew due from day to day, and 
 not at such fixed and stated periods. 
 
 (General Clause 94.) 
 
 unu''Srod ^"' ^^ "'"y bankrupt shall be liable for unliquidated damages 
 damages. ai'isiug out of auy contract or promise, or on account of 
 
THE BANKRUPT ACT, fifj 
 
 any goods or chattels wrongfully taken, converted, or with- 
 held, the Court may cause such damages to be assessed in 
 such mode as it may deem best, and the sum so assessed 
 may be proved against the estate. 
 
 No debts other than those above specified shall be proved 
 or allowed against the estate. 
 
 SECTION TWENTY. 
 (General Clause 95.) 
 And be it further enacted, That in all cases of mutual biemdttt-la"^ 
 debts or mutual credits between the parties the account 
 between them shall be stated, and one debt set off" against 
 the other, and the balance only shall be allowed or paid, 
 but no set-off" shall be allowed of a claim in its nature not 
 provable against the estate: Provided, That no set-off" shall 
 be allowed in favor of any debtor to the bankrupt of a 
 claim purchased by or transferred to him after the filing of 
 the petition. 
 
 (General Clause 96 ) 
 
 When a creditor has a mortgage or pledge of real or birae'doc«ng''°' 
 personal property of the bankrupt, or a lien thereon for "le^g^eT ™ 
 securing the payment of a debt owing to him from the'^^^^^'^-^* 
 bankrupt, he shall be admitted as a creditor only for the 
 balance of the debt after deducting the value of such prop- 
 erty, to be ascertained by agreement between him and the 
 assignee, or by a sale thereof, to be made in such manner 
 as the court shall direct ; 
 
 (General Clause 97.) 
 
 Or the creditor may release or convey his claim to the creditor may 
 
 ■' *^ release or convey 
 
 assignee upon such property, and be admitted to prove his ciaimstoassignee 
 
 whole debt. to prove lus debt. 
 
 (General Clause 98.) 
 If the value of the property exceeds the sum for which wherevaimof 
 
 . . Ill . 1 . property is in ex- 
 
 it 18 SO held as security, the assignee may release to the ^hich^Tiiew'' 
 creditor the bankrupt's right of redemption therein on f^^|°f ht o? \i 
 receiving such excess; or he may sell the property, sub- fto?'&'c°"*°''™* 
 ject to the claim of the creditor thereon; and in either 
 case the assignee and creditor, respectively, shall execute 
 
66 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 all deeds and writings necessary or proper to consummate 
 the transaction. If the property is not so sold or released 
 and delivered up, the creditor shall not be allowed to 
 prove any part of his debt. 
 
 SECTION TWENTY-ONE. 
 (General Clause 99.) 
 No creditor j^ng jg n further enacted. That no creditor proving his 
 
 proving his claim '^ ' ± o 
 
 Bhaii maintain (jgjj^ qj. claim shall bc allowcd to maintain any suit at law 
 baniirupt. pj. j^ equity therefor against the bankrupt, but shall be 
 deemed to have waived all right of action and suit against 
 the bankrupt, and all proceedings' already commenced, 
 or unsatisfied judgments already obtained thereon, shall be 
 deemed to be discharged and surrendered thereby. 
 No creditor And uo Creditor whosc debt is provable under this act 
 
 wLoso debt is ^ i • t 
 
 provable hereun- shall bc allowed to prosccutc to final judgment any suit at 
 obtain jodgment law Or in equity therefor against the bankrupt, until the 
 
 against bankrupt . -i ./ c ■*■ ' 
 
 dnripg pendency question of thc dcbtor's discharge shall have been deter- 
 
 01 his discharge. ^ o 
 
 mined. 
 May be stayed And any such suit or proceedings shall, upon the applicar 
 
 on bankrupt's . ■' ^ o J i J. x 
 
 application. fion of the bankrupt, be stayed to await the determina- 
 tion of the court in bankruptcy on the question of the dis- 
 charge: Provided, There be no unreasonable delay on the 
 part of the bankrupt in endeavoring to obtain his discharge : 
 And provided, also, That if the amount due the creditor is 
 in dispute, the suit, by leave of the court in bankruptcy, 
 may proceed to judgment for the purpose of ascertaining 
 the amount due, which amount may be pi'oved in bank- 
 ruptcy, but execution shall be stayed as aforesaid. 
 
 (General Clause 100.) 
 
 Debts payable If any bankrupt shall, at the time of adiudication, be 
 
 upon distinct ,, "^ u-11 r u • . \.^. 
 
 contract as mem- hablc upou any Dili ot exchanffe, promissory note, or other 
 
 ber of several s: J O > Jr J ■> 
 
 bankrupt firms, obligation lu rcspcct of distinct contracts as a member of 
 two or more firms carrying on separate and distinct trades, 
 and having distinct estates to be wound up in bankruptcy, 
 or as a sole trader, and also as a member of a firm, the 
 circumstance that such firms are in whole or in part com- 
 posed of the same individuals, or that the sole contractor 
 is also one of the joint contractors, shall not prevent proof 
 
THE BANKRUPT ACT. 
 
 57 
 
 and receipt of dividend in respect of such distinct con- 
 tracts against the estates respectively liable upon such 
 contracts. 
 
 SECTION TWENTY-TWO. 
 
 (General Clause 101.) 
 And he it further enacted. That all proofs of debts against , Proofsof debts 
 
 *' ' ^ ° to bo made be- 
 
 the estate of the bankrupt, by or in behalf of creditors ^e™. Register of 
 
 ^ ' "Z district, or before 
 
 residing within the iudicial district where the proceedings ^- s. commis- 
 
 o J V c> sioners la dia- 
 
 in bankruptcy are pending, shall be made before one of '™'- 
 the registers of the court in said district, and by or in 
 behalf of non-residenl/oeOTOTslbefore any register in bank- 
 ruptcy in the judicial districts where such creditors, or 
 either of them, reside, or before any commissioner of the 
 Circuit Court authorized to administer oaths in any district. 
 
 (General Clause 102.) 
 To entitle a claimant against the estate of a bankrupt to . <^'*''°. ^sfinst 
 
 o - ^ bank pt 8 eatate ; 
 
 have his demand allowed, it must be verified by a deposi- tawtobBprovod. 
 tion in writing on oath, or solemn affirmation, before the 
 proper register or commissioner, setting forth — 
 
 The demand; 
 
 The consideration thereof; 
 
 "Whether any and what securities are held therefor 
 
 And whether any and what payments have been made 
 thereon ; 
 
 That the sum claimed is justly due from the bankrupt 
 to the claimant; 
 
 That the claimant has not, nor has any other person for 
 his use, received any security or satisfaction whatever other 
 than that by him set forth ; 
 
 That the claim was not procured for the purpose of 
 influencing the proceedings under this act ; 
 
 And that no bargain or agreement, express or implied, 
 has been made or entered into, by or on behalf of such 
 creditor, to sell, transfer, or dispose of the said claim, or 
 any part thereof, against such bankrupt, or take or receive, 
 direfetly or indirectly, any money, property, or consideration 
 whatever, whereby the vote of such creditor for assignee, or 
 any action on the part of such creditor or any other person 
 
58 MANUAL OE THE U. S. BANKRUPT ACT, 1867. 
 
 in the proceedings under this act, is or shall be in any way 
 affected, influenced, or controlled ; 
 
 And no claim shall be allowed unless all the statements 
 set forth in such deposition shall appear to be true. 
 
 Tertflcation of guch oath. Or solemu affirmation shall be made by the 
 
 demand by attor- ' ^ ^ 
 
 (General Clause 103.) 
 smn affirmation s' 
 nejOT authorized claimant testifying of his own jKn^wledge, unless he is 
 absent from the United States, or prevented by some other 
 good cause from testifying, in which cases the demand 
 may be verified in like manner by the attorney or author- 
 ized agent of the claimant testifying to the best of his 
 knowledge, information, and belief, and setting forth his 
 means of knowledge, or, if in a foreign country, the oath 
 Before whom of the Creditor mav be taken before any minister, consul, 
 
 made. "^ ./ j ? 
 
 or vice-consul of the United States ; and the court may, 
 if it shall see fit, require or receive further pertinent evi- 
 dence, either for or against the admission of the claim. 
 
 (General Clause 104.) 
 verifloation of Corporatious may verify their claims by the oath or sol- 
 
 claims due cor- *■ »i ti ./ 
 
 poratione. emu affirmation of their president, cashier, oi treasurer. 
 
 (General Clause 105.) 
 Where claims If the proof Is Satisfactory to the resister or commis- 
 
 are proven, to be ■*■ "^ ^ 
 
 Benttoaasigaee. gioner, it shall bc sigued by the deponent, and delivered 
 or sent by mail to the assignee, who shall examine the same 
 and compare it with the books and accounts of the bank- 
 rupt, and shall register, in a book to be kept by him for that 
 purpose, the names of creditors who have proved their 
 claims, in the order in which such proof is received, stating 
 the time of receipt of such proof, and the amount and nature 
 of the debts, which books shall be open to the inspection 
 of all the creditors. 
 
 (General Clause 106.) 
 where^ claims The court may, on the application of the assignee, or of 
 !'™i.^'ji. to be re- the bankrupt, or without any application, examine upon 
 oath the bankrupt, or any person tendering or who hf.s 
 made proof of claims, and may summon any person capable 
 of giving evidence concerning such proof, or concerning 
 the debt sought to be proved, and shall reject all claims 
 
THE BANKRUPT ACT. gt^ 
 
 not duly proved, or wliere the proof shows the claim to be 
 founded in fraud, illegality, or mistake. 
 
 SECTION TWENTT-THTIBB. 
 
 (General Clause 107.) 
 And be it further enacted. That when a claim is presented ^^^f "^ Ji"?™- 
 
 .^ ' ^ tlonaule claims 
 
 for proof before the election of the assignee, and the judge S°„^™cuoslr' 
 entertains doubts of its validity, or of the right of the 
 creditor to prove it, and is of opinion that such validity 
 or right ought to be investigated by the assignee, he may 
 postpone the proof of the claim until the assignee is chosen. 
 
 (General Clause 108.) 
 
 Any person who, after the approval of this Act, shall have Proof of pre- 
 
 •^ -^ ' '^'- ' fei-red creditor 
 
 accepted any preference, having; reasonable cause to believe o"' allowable tm 
 
 £ J r ^ o he surrcnaera 
 
 that the same was made or given by the debtor contrary ^g'^^g 'J„ '" '^' 
 to any provision of this Act, shall not prove the debt or 
 claim on account of which the preference was made or given, 
 nor shall he receive any dividend therefrom until he shall 
 first have surrendered to the assignee all property, money, 
 benefit, or advantage received by him under such prefer- 
 ence. 
 
 (General Clause 109.) 
 
 The court shall allow all debts duly proved, and shall claims duly pro- 
 cause a list thereof to be made and certified by one of the listofsamemade- 
 
 by register. 
 
 registers ; 
 And any creditor may act at all meetins's by his duly Appearance of 
 
 ::; •' ■, ■, creditor at meot- 
 
 constituted attorney the same as though personally present, '"e^. ''"w. 
 
 SECTION TWENTT-EOUE. 
 (General Clause 110.) 
 
 And he it further enacted, That a supposed creditor who when claim re- 
 
 1 1 /^. - y-< f* t 1 ' • jected by district 
 
 takes an appeal to the Circuit Court irom the decision of <!o»rt,bow appeal 
 
 ,. ..-,. , ,, prosecuted 
 
 the District Court rejecting his claim, in whole or in part, 
 shall, upon entering his appeal in the Circuit Court, file 
 in the clerk's office thereof a statement in writing of his 
 claim, setting forth the same substantially, as in a declara- 
 tion for the same cause of action at law, and the assignee 
 shall plead or answer thereto in like manner, and like pro- 
 ceedings shall thereupon be had in the pleadings, trial, and 
 determination of the cause, as in an action at law com- 
 
QQ MANUAL OP THE TJ. S. BANKRUPT ACT, 1867. 
 
 menced and prosecuted, in the usual manner, in the courts 
 of the United States, except that no execution shall be 
 awarded against the assignee for the amount of a debt 
 found due to the creditor. The final judgment of the court 
 shall be conclusive, and the list of debts shall, if necessary, 
 be altered to conform thereto. The party prevailing in 
 the suit shall be entitled to costs against the adverse party, 
 to be taxed and recovered as in suits at lav? ; if recovered 
 against the assignee, they shall be allowed out of the estate. 
 
 (General Clause 111.) 
 proofmay Tede^ A bill of cxchauge, promissory note, or other instru- 
 crSor. *" *'" ment used in evidence upon the proof of a claim, and left 
 in court, or deposited in the clerk's office, may be delivered, 
 by the register or clerk having the custody thereof, to the 
 person who used it, upon his filing a copy thereof, attested 
 by the clerk of the court, who shall endorse upon it the 
 name of the party against whose estate it has been proved, 
 and the date and amount of any dividend declared thereon. 
 
 OF PROPERTY PERISHABLE AND IN DISPUTE. 
 
 SECTION TWENTT-PIVE. 
 (General Clause 112.) 
 
 eS'wfntt'r? '^'^'^ ^^ *^ further enacted. That when it appears to the 
 Tdhy^mt"'^"^' satisfaction of the court that the estate of the debtor or 
 any part thereof, is of a perishable nature, or liable to 
 deteriorate in value, the courb may order the same to be 
 sold in such manner as may be deemed most expedient, 
 under the direction of the messenger or assignee, as the 
 case may be, who shall hold the funds received in place of 
 the estate disposed of;* 
 
 (General Clause 113.) 
 
 d^utef wtan In ^"<i whcuever it appears fo the satisfaction of the court 
 
 S^t\j'^. *at the title to any portion of an estate, real or personal, 
 
 signee. which has come into possession of the assignee, or which 
 
 is claimed by him, is in dispute, the court may, upon the 
 
 petition of the assignee, and after such notice to the 
 
 claimant, his agent, or attorney, as the court shall deem 
 
 reasonable, order it to be sold, under the direction of the 
 
 • Vide 2 16, G. 0. 64, aDd § 28, G. 0. 127. 
 
THE BANKRUPT ACT. 
 
 61 
 
 assignee, who shall hold the funds received in place of the 
 
 estate disposed of; proceeds tj, be 
 
 ^ ' • held by uasignee, 
 
 And the proceeds of the sale shall be considered the "p^jfl^gji *" j^l 
 measure of the value of the property in any suit or con- "/Tropertr'"" 
 troversy between the parties in any courts. belwe'en 'ttopa^ 
 
 But this provision shall not prevent the recovery of the *' Action maybe 
 property from the possession of the assignee by any proper co™"°''property 
 action commenced at any time before the court orders the ^"^ "'^'s"^"- 
 sale. 
 
 EXAMINATION OF BANKEUPTS. 
 
 SECTION TWENTY-SIX. 
 
 (General Clause 114.) 
 
 And be it further enacted, That the court may, on the ap- Buhm"tTo'*'whe*Q 
 plication of the assignee in bankruptcy, or of any creditor, co^t™* '''' "'^ 
 or without any application, at all times require the bank- 
 rupt, upon reasonable notice, to attend and submit to an 
 examination, on oath, upon all matters relating — 
 
 To the disposal or condition of his property ; 
 
 To his trade and dealings with others, and his accounts 
 concerning the same; 
 
 To all debts due to or claimed from him ; 
 
 And to all other matters concerning his property and 
 estate, and the due settlement thereof according to law; 
 
 Which examination shall be in writing, and shall be 
 signed by the bankrupt, and be filed with the other pro- 
 ceedings. 
 
 And the court may, in like manner, require the attend- inukeLnSo 
 ance of any other person as a witness ; and if such person natton!*"***'"'" 
 shall fail to attend on being summoned thereto, the court 
 may compel his attendance by warrant directed to the mar- 
 shal, commanding him to arrest such person, and bring 
 him forthwith before the court, or before a register in 
 bankruptcy for examination as such witness. 
 (General Clause 115.) 
 
 If the bankrupt is imprisoned, absent, or disabled from r„^''is"im*?^I 
 attendance, the court may order him to be produced by SbiedXmap^ 
 the jailor, or any officer in whose custody he maybe; or ''™'°^' 
 may direct the examination to be had, taken, and certified, 
 
g2 MANUAL OF THE U. S. BANKKUPT ACT. 
 
 at such time and place and in such manner as the court 
 may deem proper, and with like effect as if such examina- 
 tion had been in court. 
 
 (General Clause 116.) 
 ■e5*t^rdlrs°rf "^^^ bankrupt shall, at all times until his discharge, be 
 ceives™^''^^ subject to the order of the court, and shall, at the expense 
 charge. gf j^jjg estate, cxccutc all proper writings and instruments, 
 
 and do and perform all acts required by the court touching 
 the assigned property or estate, and to enable the assignee 
 to demand, recover, and receive all the property and estate 
 assigned, wherever situated; and for neglect or refusal to 
 obey any order of the court, such bankrupt may be com- 
 mitted and punished as for a contempt of court. * 
 (General Clause 117.) 
 la to execute If the bankrupt is without the district, and unable to 
 
 all wrltlDgB and ■*■ [^ ^ • 
 
 instniments ne- vetum and personallv attend at any of the times, or do any 
 
 cessai"y wlien re- s: u •/ ^ «/ 
 
 quired. ^f ^he acts wMch may be specified or required pursuant to 
 
 this section, and if it appears that such absence was not 
 caused by wilful default, and if, as soon as may be after 
 the removal of such impediment, he offers to attend and 
 submit to the order of the court in all respects, he shall 
 be permitted so to do with like effect as if he had not been 
 in default. 
 May amend He shall also be at liberty, from time to time, upon oath, 
 
 schedules from i-itip 
 
 time to time, ,_to amend and correct his schedule of creditors and prop- 
 erty so that the same shall conform to the facts, f 
 (General Clause 118.) 
 Wife of bank- I'or good caiisc showu, the wife of any bankrupt may 
 
 r^may be ex- ^^ required to attend before the court, to the end that she 
 may be examined as a witness; and if such wife do not 
 attend at the time and place specified in the order, the 
 bankrupt shall not be entitled to a discharge unless he 
 shall prove to the satisfaction of the court that he was un- 
 able to procure the attendance of his wife. 
 
 (General Clause 119.) 
 
 Bankrupt not 1^0 bankrupt shall be liable to arrest duriner the nen- 
 
 liablo to arrest in ■*■ o Jr 
 
 civil action dur- dcucy of the proceedings in bankruptcjiin any civil action, 
 
 • Tide 0. C. 69, g 14. f Vide 0. C. 33, g U. 
 
I 
 
 THE BANKRUPT ACT. „_ 
 
 63 
 
 unless the same is founded on some debt or claim from ing procoediigs 
 which his discharge or bankruptcy would not release him. io8s,ic. 
 
 OF THE DISTRIBUTION OF BANKRUPT'S ESTATE. 
 
 SECTION TWENTY-SEVEN. 
 
 (General Clause 120.) 
 
 And he it further enacted, That all creditors whose debts ah creditors 
 
 iniii -11 • ^hose debts are 
 
 are duly proved and allowed shall be entitled to share in ""-oven to share 
 
 ^ ^ pro rata. 
 
 the bankrupt's property and estate pro rata, without any 
 
 priority or preference whatever, except that wages due 
 
 from him to any operative, or clerk, or house servant, to whatoreaitora 
 
 an amount not exceeding fifty dollars, for labors performed terLL. ° '"°' 
 
 within six months next preceeding the adjudication of 
 
 bankruptcy, shall be entitled to priority, and shall be first 
 
 paid in full;* 
 
 (General Clause 121.) 
 Provided, That any debt proved by amy person liable as Dividend not 
 bail, surety, guarantor, or otherwise for the bankrupt, shall t"s of Imy S 
 not be paid to the person so proving the same until satis- Jaymentf™"^ "' 
 factory evidence shall be produced of the payment of such 
 debt by such person so liable, and the share to which such 
 debt would be entitled may be paid into court, or other- 
 wise held for the benefit of the party entitled thereto, as 
 the court may direct. 
 
 (General Clause 122.) 
 
 At the expiration of three months from the date of the rirst meeting 
 adjuditation of bankruptcy in any case, or as much earlier receive.'"'™ '" 
 as the court may direct, the court, upon request of the as- 
 signee, shall call a general meeting of the ckeditoks, of 
 which due notice shall be given ; 
 
 Aud the assignee shall then report and exhibit to the Araigneetosen. 
 court and to the creditors just and true accounts of all his *" ^°'°°°""'"'* 
 receipts and payments, verified by his oath; 
 
 And he shall also produce and file vouchers for all pay- 
 ments for which vouchers shall be required by any rule of 
 the court ; 
 
 'Tide a. C. 130, J 28, sub. div. i. 
 
64 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 He shall also submit the schedule of the bankrupt's 
 creditors and property as amended, duly verified by the 
 bankrupt, and a statement of the whole estate of the bank- 
 rupt, as then ascertained, of the property recovered and of 
 the property outstanding, specifying the cause of its being 
 outstanding, also what debts or claims are yet undeter- 
 mined, and stating what sum remains in his hands. 
 (General Clause 123.) 
 ■Whether divi- At such meeting the maiority in value of the creditors 
 
 dend may be , -n -, ■ ■, , n i j> i 
 
 made. Creditors present shall determine whether any and what part oi the 
 
 to determine. ^ ^ , , , 
 
 net proceeds ot the estate, after deducting and retaining a 
 sum sufficient to provide for all undetermined claims 
 which, by reason of the distant residence of the creditor, 
 or for other sufficient reason, have not been proved, and 
 for other expenses and contingencies, shall be divided 
 among the creditors; but unless at least one-half in value 
 of the creditors shall attend such meeting, either in person 
 or by attorney, it ^all be the duty of the assignee so to 
 determine. 
 
 (General Clause 124.) 
 tora^enmieirto ^^ ^^^^ ^ dividcud is ordcrcd the register shall, within 
 by^rlKiBter.™"^* ten days after such meeting, prepare a list of creditors en- 
 titled to dividend, and shall calculate and set opposite to 
 the name of each creditor who has proved his claim, the 
 dividend to which he is entitled out of the net proceeds of 
 the estate set apart for dividend, and shall forward by mail 
 to every creditor a statement of the dividend to which he 
 is entitled, and such creditor shall be paid by the assignee 
 in such manner as the court may direct. 
 
 SECTION TWENTY-EIGHT. 
 (General Clause 125.) 
 Second and And be it further enacted. That the like proceedings shall 
 
 finiil dividend to- ii^ji -j* n.i .i t 
 
 be declared. be had at the expiration ot the next three months, or 
 earlier if practicable, and a third meeting of creditors shall 
 then be called by the court, and a final dividend then de- 
 Exceptions. clarcd, unlcss any action at law or suit in equity be pend- 
 ing, or unless some other estate or effects of the debtor 
 
THE BANKRUPT ACT. 65 
 
 afterwards come to the hands of the assignee, in which 
 case the assignee shall, as soon as may be, convert such 
 estate or effects into money, and within two months after 
 the same shall be so converted the same shall be divided 
 in manner aforesaid. 
 
 (General Clause 126.) 
 Further dividends shall be made in like manner as often . Norther meet- 
 
 iQgB unnecesBary 
 
 as occasion requires; uniees ordered by 
 
 And after the third meeting of creditors no further meet- 
 ing shall be called, unless ordered by the court. 
 
 (General Clause 127.) 
 
 If at any time there shall be in the hands of the assignee ab to debts an- 
 
 ■^ ° collectable and 
 
 Huy outstanding debts or other property, due or belongmg P™E^f/,™,™«t 
 to the estate, which cannot be collected and received by the fei'^^ii'^a-fgcuou 
 assignee without unreasonable or inconvenient delay or <'''<:™rt. 
 expense, the assignee may, under the direction of the court, 
 sell and assign such debts or other property in such man- 
 ner as the court shall order.* 
 
 (General Clause 128.) 
 No dividend already declared shall be disturbed by reason Dividends do- 
 
 ', '' Glared to romaia 
 
 of debts bemg subsequently proved, but the creditors prov- undisturbed, 
 ing such debts shall be entitled to a dividend equal to those 
 already received, by the other creditors before any further 
 payment is made to the latter. 
 
 (General Clause 129.) 
 
 PBEPARATORT to the final dividend, the assignee shall Assignee to snb- 
 
 . mit accounts to 
 
 submit his account to the court, and file the same, and give court before anai 
 
 /a dividend. 
 
 notice to the creditors of such filing, and shall also give 
 notice that he will apply for a settlement of his account, 
 and for a discharge from all liability as assignee, at a time 
 to be specified in such notice, and at such time the court 
 shall audit and pass the accounts of the assignee, and such 
 assignee shall, if required by the court, be examined as to Assignee to be 
 
 ,i» 1 , 1 •!• n 1 IT 11 examined In 
 
 the truth or such account, and, li found correct, he shall vroot of lis ac- 
 
 couuts. 
 
 thereby be discharged from all liability as assignee to any 
 creditor of the bankrupt, 
 
 5 • * Vide 0. 0. 64, J 16, and G. 0. 112, g 25 
 
66 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 Theronijoncomt The coupt shall thereupon order a dividend of the estate 
 
 shall order divi- ■*- 
 
 ofMtatoic'""^' and effects, or of such part thereof as it sees fit, among 
 such of the creditors as have proved their claims, in pro- 
 portion to the respective amount of their said debts. 
 io™nco°°to ^- I^ addition to all expenses necessarily incurred by hira 
 moneys deceive" '^^ ^^'^ exccution of his trust, iu any case, the assignee shall 
 Mm;''6'per''cent! ^^ entitled to au allowance for his services in such case, on 
 S6,ooof'2^°per ^H moueys received and paid out by him therein, for any 
 iporce^nt.f&o!'"' sum uot exceeding one thousand dollars, five per centum 
 thereon; for any larger sum, not exceeding five thousand 
 dollars, two and a half per centum on the excess over one 
 thousand dollars; and for any larger sum, one per centum 
 on the excess over five thousand dollars; and if, at any 
 time, there shall not be in his hands a sufficient amount of 
 money to defray the necessary expenses required for the 
 further execution of his trust, he shall not be obliged to 
 proceed thei'cin until the necessary funds are advanced or 
 satisfactorily secured to him. 
 courtmayorfler If, by accidcnt, mistake, or other cause, without fault of 
 
 meotiugs of cred- ^ . ,^ ii^i • -i -i ti-t 
 
 itors,iD default of the assignec, either or both of the said second and third 
 
 second and third 
 
 meetings. meetings should not be held within the times limited, the 
 
 court may, upon motion of an interested party, order such 
 meetings, with like effect as to the validity of the proceed- 
 ings as if the meeting had been duly held. 
 
 (General Clause 130.) 
 
 deni" of diTi- Jq the order for a dividend, under this section, the fol- 
 prSrity.^ ^^""^ lowing claims shall be entitled to priority or preference, 
 and to be first paid in full in the following order : — 
 
 ni^tf "^rMeed- -^^'*s^- The fccs, costs, and expenses of suits, and the 
 ings. several proceedings in bankruptcy under this act, and for 
 
 the custody of propertj', as herein provided. 
 unto^Jstates.'^" Second. All debts due to the United States, and all taxes 
 and assessments under the laws thereof. 
 state taxes. Third. All dcbts due to the State in which the proceed- 
 ings in bankruptcy are pending, and all taxes and assess- 
 , ments made under the laws of such State. 
 
 o^?Miv™orBe?: Fourth. Wagcs due to any operative, clerk, or house ser- 
 ceo'di'igjdo. °'"vant, to an amount not exceeding fifty dollars, for labor 
 
THE BANKRUPT ACT. 67 
 
 performed within six months next preceding the first pub- 
 lication of the notice of proceedings in bankruptcy.* 
 
 Fifth. All debts due to any persons who, by the laws of j,J'*^«f ^f^'J^^ 
 the TJnited States, are or may be entitled to a priority or doited states. 
 preference, in like manner as if this act had not been 
 passed: Always 'provided, That nothing contained in this 
 act shall interfere with the assessment and collection of 
 taxes by the authority of the United States or any State. 
 
 OF THE BANKRUPT'S DISCHARGE AND ITS EFFECT. 
 
 SECTION TWENTY-NINE. 
 
 (General Clause 131.) 
 
 And he iifwriher enacted, That at any time after the expi- aia'^gj^''^^"™''"'' 
 ration of six months from the adjudication of bankruptcy, 
 or if no debts have been proven against the bankrupt, or if 
 no assets have come to the hands of the assignee, at any 
 time after the expiration of sixty days, and within one year 
 from the adjudication of bankruptcy, the bankrupt may 
 apply to the court for a discharge erom his debts, and 
 the court shall thereupon order notice to be given by mail nouco to cred- 
 
 Jr » J itora to show 
 
 to all creditors who have proved their debts, and by publi- charge shmua not 
 cation at least once a week in such newspapers as the court ^^ sranted. 
 shall designate, due regard being had to the general circu- 
 lation of the same in the district, or in that portion of the 
 district in which the bankrupt and his creditors shall re- 
 side, to appear on a day appointed for that purpose, and 
 show cause why a discharge should not be granted to the 
 bankrupt. 
 
 (General Clause 132.) 
 
 ]Sro discharge shall be granted, or, if granted, be valid — awS™ flmi^dS^ 
 
 If the bankrupt has wilfully sworn falsely in his affidavit "^^rgB gra'^tod. 
 annexed to his petition, schedule, or inventory, or upon 
 any examination in the course of the proceedings in bank- 
 ruptcy, in relation to any material fact concerning his estate 
 or his debts, or to any other material fact ; 
 
 Or if he has concealed any part of his estate or efiects, or 
 any books or writings relating thereto ; 
 
 Or if he has been guilty of any fraud or negligence in 
 
 • Tide 2 4, G. 0. 18 ; § 5, G. 0. 19; J 47 ;-2 '^T- 
 
68 MANUAL OF THE V. S. BANKEUPT ACT, 1867. 
 
 the care, custody, or delivery to the assignee of the prop- 
 erty belonging to him at the tinae of the presentation of 
 his petition and inventory, excepting such property as he 
 is permitted to retain under the provisions of this Act ; 
 
 Or if he has caused, permitted, or sufl'ered any loss, waste, 
 or destruction thereof; 
 
 Or if, within four months before the commencement of 
 such proceedings, he has procured his lands, goods, money, 
 or chattels to be attached, sequestered, or seized, on exe- 
 cution ; 
 
 Or if, since the passage of this act, he has destroyed, 
 mutilated, altered, or falsified any of his books, documents, 
 papers, writings, or securities ; 
 
 Or has made or been privy to the making of any false or 
 fraudulent entry in any book of account or other document 
 with intent to defraud his creditors ; 
 
 Or has removed, or caused to be removed, any part of 
 his property from the district with intent to defraud his 
 creditors ; 
 
 Or if he has given any fraudulent preference contrary to 
 the provisions of this Act ; 
 
 Or made any fraudulent payment, gift, transfer, convey- 
 ance, or assignment of any part of his property ; 
 
 Or has lost any part thereof in gaming ; 
 
 Or has admitted a false or fictitious debt against his 
 estate ; 
 
 Or if, having knowledge that any person has proved such 
 false or fictitious debt, he has not disclosed the same to his 
 assignee within one month after such knowledge ; 
 
 Or if, being a merchant or tradesman, he has not, sub- 
 sequently to the passage of this Act, kept proper books of 
 aMgunt; ^-^un^^ (^to^aa-M.^ ^ 1-XS ^J /'^-^--^.^.A^^ ^ 
 
 OruEeTor any person in his behalf, has procured the 
 kssent of any creditor to the discharge, or influenced the 
 action of any creditor at any stage of the proceedings by 
 any pecuniary consideration or obligation ; 
 
 Or if he has, in contemplation of becoming bankrupt, 
 made "any pledge, payment, transfer, assignment, or cou- 
 veyauce of any part of his property, directly or indirectly, 
 
THi! BANKRUPT ACT. 69 
 
 absolutely or conditionally, for the purpoBe of preferring i^^^^S^^^ 
 any creditor or person having a claim against him, or who 
 is or may be under liability for him, or for the purpose of 
 preventing the property from coming into the hands of the 
 assignee, or of being distributed under this act in satisfac- 
 tion of his debts ; 
 
 Or if he has been convicted of any misdemeanor under 
 this Act, or has been guilty of any fraud whatever contrary 
 to the. true intent of this Act; 
 
 And before any discharge is granted, the bankrupt shall t^f *o*g^{*^™ 
 take and subscribe an oath to the effect that he has not "^^so- 
 done, suffered, or been privy to any act, matter, or thing 
 specified in this act as a ground for withholding such dis- 
 charge, or as invalidating such discharge if granted.* 
 
 SECTION THIRTY. 
 (General Clause 133 J 
 
 And be it further enacted. That no person who shall have second bank. 
 
 •^ ^ ruptcy. 
 
 beeii discharged under this Act, and shall afterwards 
 become bankrupt, on his own application, shall be again 
 entitled to a discharge, whose estate is insufficient to pay 
 SEVENTY PER CENTUM of the dcbts provcd against it, unless ijene'fiuf°Acti^- 
 the assent in writing of three-fourths in value of his credi- ^^^ //^^^ty per 
 tors who have proved their claims, is filed at or before the ™'"" °' '**'''*• 
 time of application for discharge.f 
 
 (General Clause 134.) 
 But a bankrupt, who shall prove to the satisfaction of when party 
 
 ■*■ ■*■ taking benefit or 
 
 the court that he has paid all the debts owinj? by him at Actfoifnsttime, 
 
 ^ o ./ may again take 
 
 the time of any previous bankruptcy, or who has been Jo'''s°"'J,f"''"e? 
 voluntarily released therefrom by his creditors, shall be '=™*- '='''™°- 
 entitled to a discharge in the same manner and with the 
 same effect as if he had not previously been bankrupt. 
 
 SECTION THIRTY-ONE.' -- 
 (General Clause 135.) 
 And be it further enacted, That any creditor opposing the . creditor oppos- 
 discharge of any bankrupt may file a specification in writ- bankruptmayfiie 
 
 o *J i. J jr Bpecification i n 
 
 ing of the grounds of his opposition, and the Court may "''^Jl^f^ ofo^'lf- 
 in its discretion order any question of fact so presented to of'°f"ct therein" 
 be tried at a stated session of the District Court. •'°'' '"^'^• 
 
 * Vide Q. 0. 137, J 33. f See G. C. 138, 1 33. 
 
•jQ MANUAL OP THE IT. S. BANKRUPT ACT, 1867. 
 
 SECTION THIKTY-TWO. 
 
 (General Clause 136.) 
 ETCTyfhiBpeg- _4ji(^ ^ {f further enacted, That if it shall appear to the 
 
 nlar, bankrupt ** " ^■*- 
 
 S^"f '" '^'^- Court that the bankrupt has in all things conformed to his 
 duty under this act, and that he is entitled, under the pro- 
 visions thereof, to receive a discharge, the Court shall 
 grant him a discharge from all his debts except as herein- 
 after provided, and shall give him a certificate thereof 
 under the seal of the court, in substance as follows : 
 Fornnif-dis- District Court of the United States, District of . 
 
 casTge. 
 
 Whbebas , has been duly adjudged a bankrupt 
 
 under the Act of Congress establishing a uniform system 
 of bankruptcy throughout the United States, and appears 
 to have conformed to all the requirements of law in that 
 
 behalf, it is therefore ordered by the Court that said 
 
 be forever discharged from all debts and claims 
 
 which by said Act are made provable against his estate, and 
 
 which existed on the day of , on which day the 
 
 petition for adjudication was filed by or [or against] him 
 excepting such debts, if any, as are by said Act excepted 
 from the operation of a discharge in bankruptcy. 
 
 Given un'der my hand and the seal of the court at , 
 
 in the said district, this day of , A. D. . 
 
 [seal.] , Judge. 
 
 SECTION THIRTY-THREE-. 
 (General Clause 137.) 
 
 Fraud, defaica. J.jj^ be U furtlieT enactcd. That no debt created by the 
 
 . tioDjOriuisappro- ./ / ./ 
 
 priation invaii- ffaud or cmbezzlement of the bankrupt, or by his defalca- 
 
 dates discharge of ^ ^ Jr ' J 
 
 debt. tion as a public officer, or while acting in any fiduciary 
 
 character, shall be discharged under this Act; but the 
 debt may be proved, and the dividend thereon shall be a 
 payment on account of said debt;* 
 Do^'^reSe'^co- -^^^ "° discharge granted under this Act shall release, 
 liability. discharge, or affect any person liable for the same debt for 
 
 or with the bankrupt, either as partner, joint-contractor, 
 indorser, surety, or otherwise. 
 
 * See G. C. 88, g 19 ; vide cases 2 Abbolt's Rep , 470 ; 1 E. D. Smith, 261 ; 12 Howard I'r. (N. Y.) Kip., 516 ; 
 Cary M. llotttling, 1 riill, 311, and cases there cited; 6 Abbott, 162; see Doria & Macrae's Practice in Eng- 
 lish bankruptcy, p. U49, and cases there cited. Also, G. G. 132, ^ 29. 
 
THE BANKRUPT ACT. Yl 
 
 (General Clause 138.) 
 2eedines in bankruptcy commenced after Nottobogmnt- 
 
 a ° ir .y V ed after ono year 
 
 ie time this Act shall go into operation, \no ""'"^'^^''t";,'' 2^,.^ • 
 "STscharge shall be granted to a debtor whose assets do 'not peicmt. 
 pay FIFTY PEE CENTUM of the claims against his estate, 
 unless the assent in writing of a majority in number and 
 value of his creditors who have proved their claims, is filed 
 in the case at or before the time of application for dJB- 
 charge.* 
 
 S-E-CnON THITITY-FOUTU 
 
 (General Clause 139.) 
 And he it further enacted, That a discharge duly granted ^Sy gram'eafr" 
 under this Act shall, with the exceptions aforesaid, release '^'S. *^""" ""^ 
 the bankrupt from all debts, claims, liabilities, and de- 
 mands which were or might have been proved against his 
 estate in bankruptcy, and may be pleaded, by a simple 
 averment that on the day of its date such discharge was 
 granted to him, setting the same forth in hcec verba, as a full 
 and complete bar to all suits brought on any such debts, 
 claims, liabilities, or demands, and the certificate shall be certiflcata of, 
 conclusive evidence in favor of such bankrupt of the fact <i™co.of. 
 and the regularity of such discharge ; 
 
 (General Clause 140.) 
 Always provided. That any creditor or creditors of said validity of; con- 
 
 "^ -^ ' •■ _ teatablo in two 
 
 bankrupt, whose debt was proved or provable against the y^'^^- 
 estate in bankruptcy, who shall see fit to contest the validity 
 of said discharge on the ground that it was fraudulently 
 obtained, may, at any time within two years after the date 
 thereof, apply to the court which granted it to set aside and 
 annul the same. 
 
 Said application shall be in writing; shall specify which, Appiio^ation 
 in particular, of the several acts mentioned in section t" specify? 
 twenty-nine it is intended to give evidence of against the 
 bankrupt, setting forth the grounds of avoidance, and no 
 evidence shall be admitted as to any other of the said acts; 
 but said application shall be subject to amendment at the 
 discretion of the court. 
 
 *Seefl. 0. 13S,§30. 
 
72 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 (General Clause 141.) 
 Notice of ap. to The court shall cause reasonable notice of said applica- 
 
 contest to be ^ ^ 
 
 ■ giwai.t<aij£mpt. tion to be given to said bankrupt, and order him to appear 
 and answer the same, within such time a,s to the court shall 
 seem fit and proper. 
 Upon hearing, If, upou the hearing of said parties, the court shall find 
 
 annul disciiarge. that the fraudulent acts, or any of them, set forth as afore- 
 said by said creditor or creditors against the bankrupt, are 
 proved, and that said creditor or creditors had no knowl- 
 edge of the same until after the granting of said discharge, 
 judgment shall be given in favor of said creditor or cred- 
 itors, and the discharge of said bankrupt shall be set aside 
 When court to and annulled. But if said court shall find that said fraud- 
 ulent acts, and all of them, set forth as aforesaid, are not 
 proved, or that they were known to said creditor or cred- 
 itors before the granting of said discharge, then judgment 
 shall be rendered in favor of the bankrupt, and the validity 
 of his discharge shall not be affected by said proceedings. 
 
 PREFEEKNCES AJSTD FRAUDULENT CONVEYANCES D£CLAEED 
 
 VOID. 
 
 SECTION THIRTT-EIVE.. 
 
 (General Clause 142.) 
 preferencce^^^ Atid, ht it furthev enacted, That if any person, being in- 
 CS °t^ *Yoid' ®°-^^^'^*' ^^ ^^ contemplation of insolvency, within four 
 months before the filing of the petition by or against him, 
 rwith a view to give a preference to any creditor or person 
 having a claim against him, or who is under any liability 
 for him, procures any part of his property to be attached, 
 sequestered, or seized on execution, or makes any pay- 
 ment, pledge, assignment, transfer, or conveyance of any 
 part of his property, either directly or indirectly, abso- 
 lutely or conditionally — the person receiving such payment, 
 pledge, assignment, transfer, or conveyance, or to be bene- 
 fited thereljy, or by such attachment, having reasonable 
 cause to believe such person is insolvent, and that such 
 attachment, payment, pledge, assignment, or conveyance, 
 Assignee may is made iu fraud of the provisions of this Act — the same 
 
 recover property i i, -i . , -, ^, 
 
 or its value. sJiaii 06 voicl, aua the assignee may recover the property, 
 
THE BANKRUPT ACT. _„ 
 
 or the value of it, from the person so receiving it, or eo to 
 be benefited.* 
 
 (General Clause 143.) 
 
 And if any person being insolvent, or in contemplation /"j/Jp'J,:^""", 
 of insolvency or bankruptcy, within six months before the ^^^XsTmiii 
 filing of the petition by or against him, makes any pay- Pfg^tf ^^°f°J°]£- 
 ment, sale, assignment, transfer, conveyance, or other dis- ™"^' 
 position of any part of his property to any person who then 
 has reasonable cause to believe him to be insolvent, or to 
 be acting in contemplation of insolvency, and that such 
 payment, sale, assignment, transfer, or other conveyance is 
 made with a view to prevent his property from coming to 
 his assignee in bankruptcy, or to prevent the same from 
 being distributed under this Act, or to defeat the object of, 
 or in any way impair, hinder, impede, or delay the opera- 
 tion and effect of, or to evade any of the provisions of this 
 Act, the sale, assignment, transfer, or conveyance shall be 
 void, and the assignee may recover the property, or the 
 value thereof, as assets of the bankrupt. And if such sale, 
 assignment, transfer, or conveyance is not made in the usual 
 and ordinary course of business of the debtor, the fact shall 
 lae prima fade evidence of fraud. 
 
 (General Clause 144.) 
 
 Any contract, covenant, or security made or given by a in^MeS'lrf "' 
 bankrupt or other person with, or in trust for, any cred- beIr"°ppoa°n/°'' 
 itor, for securing the payment of any money as a consider- "'°''^- 
 ation for, or with intent to induce the creditor to forbear 
 opposing the application for discharge of the bankrupt^ 
 shall be void;t 
 
 (General Clause 145.) 
 
 And if any creditor shall obtain any sum of money or ^X'towftlfa" 
 
 •Sec Doria 4 Macrae's Prac. in Eng. Bankniptcy, pp. 147, 149, and cases cited; Bell's taws of Scotland, 
 Vol. 2, p. 1127, and «.; Griffith on Bankruptcy, 2d Ed., pp. 133, 220, 228, 229, 231-2-4-5, and cases cited ; do., p. 
 89, 90, 263-64; also, p. 212, under heads of Deeds and Conveyances, and cases there cited. See as to fraudulent 
 Conveyances, Kev. Stat, of New Yoric, (Edmunds' edition;) also, cases in 6 Mill, 4C3; 14 Johnson, 493; 2 Barb., 
 424; Court of Ap. Eep., 21 N. Y., 406; 5 Bos., 687 ; 2 Johns' Chancery R., 35; 26 Barhour, 622; S. C. How, Pr., 
 175; 1 Johns, 370; McMenomy us. I'erren, 3 Johns, 71, under TJ. S. B. Act of 1800; 3 McLean, 587 ; 4 Barbour, 
 284; 3 Story, pp 364, 446, 607, 544; 8 Alabama Reports, p. 370 ; 4 McLean, 186 ; 15 New Hampshire Reports, p. 
 116; 21 Vermont, (6 Washburn,) p. 611; 7 Watts and Serg't, 305; 3 Sandford, Chan. Rep., 327; 5 Johns. Eep., 
 4l2; 6 Barr, p. 133; 3 Barbour Ch. R., 344; Taylor us. Whithorn, 5 Humphrey's Reports, p. 340; 3 Har. and J., 
 185; also, Deacon's BauUruptcy Laws, (English,) and the various cases there cited. 
 
 fSoelO Vesey, 369- 17 do., 6J; and 2 Sandford's Supreme Court Reports, 450. 
 
74 
 
 MANUAL OF THE 0. S. BANKRUPT ACT, 1867. 
 
 iTti/°faTOr"'^or Other goods, chattels, or security from any person as an 
 oppose, 4c. inducement for forbearing to oppose, or consenting to such 
 application for discharge, every creditor so offending shall 
 Forfeiture, &c. forfeit all right to any share or dividend in the estate of the 
 bankrupt, and shall also forfeit double the value or atnount 
 of such money, goods, chattels, or security so obtained, to 
 be recovered by the assignee for the benefit of the estate. 
 
 BANILEUPTCY OF PAETNEESHIPS AND OF COEPOEATIONS. 
 
 SECTION THIBTY-SIX. 
 
 (General Clause 146.) 
 
 Proceedings in And he it further enacted. That where two or more per- 
 
 case .of partners, " . t , n , t i i i ■ 
 
 sons who are partners in trade shall be adjudged bankrupt, 
 either on the petition of such partners, or any one of them, 
 or on the petition of any creditor of the partners, a war- 
 rant shall issue in the manner provided, by this Act, upon 
 which all the joint stock and property of the copartnership, 
 and also all the separate estate of each of the partners, shall 
 be taken, excepting such parts thereof as are hereinbefore 
 excepted ; 
 Creditors; what And all the Creditors of the company, and the separate 
 
 allowed to prove. itithi 
 
 creditors of each partner, shall be allowed to prove their 
 respective debts ; 
 Assignee! how And the assimce shall be chosen by the creditors of the 
 
 chosen; duties of. i i n i 
 
 company, and shall also keep separate accounts of the joint 
 stock or property of the copartnership, and of the separate 
 estate of each member thereof; 
 ofjlM^oeSof -^i"i after deducting out of the whole amount received 
 joint stuck. |jy g^^jj^ assignee the whole of the expenses and disburse- 
 ments, the net proceeds of the joint stock shall be appro- 
 priated to pay the creditors of the copartnership, and the 
 net proceeds of the separate estate of each partner shall be 
 appropriated to pay his separate creditors ; 
 Balance of sep- And if there shall be any balance of the separate estate 
 
 arsite estate of ^ j? i ^ i - 
 
 partner after pay. of auy partner, sAiQv the payment of his separate debts, 
 
 luont of debts; , , , i i i , 
 
 disposal of. guch balance shall be added to the joint stock for the pay- 
 ment of the joint creditors; 
 Do. after pay- And if thcrc shall be any .balance of the ioint stock after 
 
 mont of joint , . , . ., ^ 
 
 debts. payment oi the joint debts, such balance shall be divided 
 
THE BANKEUPT ACT. 75 
 
 and appropriated to and among the separate estates of the 
 several partners, according to their respective right and 
 interest therein, and as it would have been if the partner- 
 ship had been dissolved without any bankruptcy ; 
 
 And the sum so appropriated to the separate estate of ^^^^^^^^^^^^ 
 each partner shall be applied to the payment of his sep- "^p"'"^- 
 urate debts ; 
 
 And the certificate of discharge shall be granted or certificate of 
 
 ° ° discharge. 
 
 refused to each partner as the same would or ought to be 
 if the proceedings had been against him alone under this 
 Act; 
 
 And in all other respects the proceedings against part- ou™ri.e"§t'g 
 ners shall be conducted in the like manner as if they had iSw/ bank- 
 been commenced and prosecuted against one person alone. ™»"=y- 
 
 If such copartners reside in different districts, that court wiien copart- 
 
 1 ' nera rfiside iii aif- 
 
 in which the petition is first filed shall retain exclusive fc'^«''""8'"'='s- 
 jurisdiction over the case.* 
 
 SECTION THIRTY-SEVEN. 
 (General Clause 147.) 
 
 And be it further enacted. That the provisions of this Act corporations 
 
 •^ ' ^ and joint Btocli 
 
 shall apply to all moneyed, business, or commercial corpora- gl^lf™'^' ^ " ' 
 tions and joint stock companies, and that upon the peti- 
 tion of any officer of any such corporation or company, 
 duly authorized by a vote of a majority of the corporators 
 present, at any legal meeting called for the purpose, or upon 
 the petition of any creditor or creditors of such corporation 
 or company, made and presented in the manner hereinafter 
 provided in respect to debtors, the like proceedings shall 
 be had and taken as are hereinafter provided in the case of 
 debtors ; 
 
 * See Law and Practice in Banlcruptcy, by Doria & Macrae, 1863, (English,) pp. 185, 204, 240, 242, 243, 500, 
 660, 739, 753, 789, 839, 908, and cases and decisions there cited. Petitions may be presented against one or more 
 partners in a firm, and petitions against two or more persons may be dismissed as to one or more without 
 afiecting the rest. English Consol. Act, 1849, § 97, Shelford's Bankruptcy, 2d ed., p. 141, see cases there referred 
 to. In cases of a second or other petition against one or more members of a firm, the same shall be prosecuted 
 in the court in which the first was prosecuted. Eng. Con. Act, 1849, § 98, see 6 George IV, C. 16, s. 17. In re 
 Simmons, 2 Mont. , D. & D., 603, ex parte Prycc, 2 Gl. and I., 161 ; 1 Deacon, B. Laws, 141, 2d ed ; 1 Mont, and 
 A. B . L., 749, 2d ed., see forms as relating to copartners. An acknowledgment of a debt by one of two partners, 
 m.aile after ho haa obtained his certificate, Cof discharge,) is not suf^cieut to take the case out of the Statute of 
 EimitatioDS so as to charge the other partner; Marten vs. Bridges, 3 C. and P. 83. 
 
76 MANUAL OP THE U. S. BANKRUPT ACT, 1867. 
 
 thr'euDde? Wen- ^"d all the provisions of this Act which apply to the 
 ippJyi'ngVS debtor, or set forth his duties in regard to furnishing 
 Tiduai debtor, gchedules and inventories, executing papers, submitting to 
 examinations, disclosing, making over, secreting, conceal- 
 ing, conveying, assigning, or paying away his money or 
 property, shall in like manner, and with like force, effect, 
 and penalties, apply to each and every officer of such cor- 
 poration or company in relation to the same matters con- 
 cerning the corporation or company, and the money and 
 property thereof. 
 ABto fraudulent AH pavmeuts, convcvances, and assignments declared 
 fraudulent and void by this Act, when made by a debtor, 
 shall in like manner, and to the like extent, and with like 
 remedies, be fraudulent and void when made by a corpora- 
 tion or company. No allowance or discharge shall be 
 granted to any corporation or joint stock company, or to 
 any person, or officer, or member thereof: 
 As to division Provided, That whenever any corporation by proceedings 
 under this Act shall be declared bankrupt, all its property 
 and assets shall be distributed to the creditors of such 
 corporation in the manner provided in this Act in respect 
 to natural persons.* 
 
 OF DATES AND DEPOSITIONS. 
 
 SECTION THIRTY-EIGHT. 
 
 (General Clause 148.) 
 
 Filing of peti- j^jj(^ If, ii further enacted, T nat the filing of a petition for 
 
 tioii deemed com- *^ ' P ■*■ 
 
 "raee'din's "^adjudication in bankruptcy, either by a debtor in his own 
 behalf, or by any creditor against a debtor, upon which an 
 order may be issued by the court, or by a register, in the 
 manner provided in section four, shall be deemed and 
 taken to be the commencement of proceedings in bank- 
 ruptcy under this Act; 
 
 (General Clause 149.) 
 
 miut','m oiTat "^^^ procecdlngs in all cases of bankruptcy shall be 
 
 crdj howuept. (jeerbcd matters of record, but the same shall not be 
 
 required to be recorded at large, but shall be carefully 
 
 filed, kept, and numbered in the office of the clerk of the 
 
 * Vide James's notes on U. S. Act of 1867, pp. 207 to 220. 
 
THE BANKEUPT ACT. 77 
 
 conrt, and a docket only, or short memorandum thereof, 
 kept in books to be provided for that purpose, which shall 
 be open to public inspection. 
 
 (General Clause 150.; 
 Copies of such records, duly certified under the seal of „,c«tifi.d^copic, 
 the court, shall in all cases be prima facie evidence of the §^^". •^""^ °"' 
 facts therein stated.* 
 
 (General Clause 151.) 
 Evidence of examination in any of the proceedings under . Examinations 
 
 •^ ^ ^ . , 1 n uantruptcy ; 
 
 this Act may be taken before the court, or a register m i' ° ^.*f"°! I^y 
 bankruptcy, mva voce or in writing, before a commissioner 
 of the Circuit Court, or by affidavit, or on commission, 
 and the court may direct a reference to a register in bank- 
 ruptcy, or other suitable person, to take and certify 
 such examination, and may compel the attendance of 
 witnesses, the production of books and papers, and the 
 giving of testimony, in the same manner as in suits in 
 equity in the Circuit Court. 
 
 , INVOLUNTAEY BANKRUPTCY. 
 
 SECTION THIRTY-NINE. 
 (General Clause 152.) 
 
 And be it further enacted, That any person residing and , 
 owing debts as aforesaid, who, after the passage of this ™p"=y-t 
 Act,t 
 
 Shall depart from the State, district, or Territory of 
 which he is an inhabitant, with intent to defraud his credit- 
 ors; 
 
 Or, being absent, shall, with such intent, remain absent; ^-^j^^^^^SS."' 
 
 Or shall conceal himself to avoid the service of legal concealed do. 
 process in any action for the recovery of a debt or demand 
 provable under this Act ; 
 
 »Tide G. C.'s 54 and 62, g 14 ; and 70, J 16. 
 
 f Notice of intent to commit an act of bankruptcy is insnfScient. The act must be actually committed ; 
 (Exp. Halifax, 2 M, J>. and O, 944; Conway vs. 1 C. B. B., 643 — English Bepts.) Acts of bankruptcy may be 
 classified thus: 1st. Those made up of action and intention, aa leaving the country, or otherwise absenting 
 one's-sojf with intent to defraud or delay creditors ; '2d. Those which are forced against a party, as an arrest or 
 lying in prison, &c.; and 3d. Those Toluntarily performed by the party himself, as filing petition. As to the 1st 
 class, intent to defraud or delay must be shown by direct proof, or appear as the inevitable consequence of the 
 act. In the 2d and 3d classes, the inferency of insolvency ie so palpable,, that the intention to delay or defeat 
 creditors is necessarily implied. Under the English Bankruptcy Act, 1861, there are enumerated thirty-seven 
 different acts of bankruptcy. (Uoria & Macrae, Law pny Prac. in Bankruptcy, p. 127.) 
 
 What constitute 
 ■ acts of bank- 
 
78 
 
 MANUAL OE THE U. S. BANKRUPT ACT, 18G7. 
 
 Concealing o r Qj, gjjaU conceal or remove any of his property to avoid 
 
 removiDg prop- " xx«/ 
 
 '■^'''- its being attached, taken, or sequestered on legal process ;. 
 
 prop'e?ty wtthin! Or shall make any assignment, gift, sale, conveyance, or 
 
 tent to defraud, ^^.^^gf^j. of his cstatc, property, rights, or credits, either 
 
 within the United States or elsewhere, with intent to delay, 
 
 defraud, or hinder his creditors ; 
 
 arrateS! in^eS Or who has been arrested and held in custody under or 
 
 pro'^e^sfor'Teven by virtuc of mesuc procBss or execution issued out of any 
 
 ""'■"■ court of any State, district, or Territory within which such 
 
 debtor resides or has property, founded upon a demand in 
 
 its nature provable against a bankrupt's estate under this 
 
 Act, and for a sum exceeding one hundred dollars, and 
 
 such process is remaining in force and not discharged by 
 
 payment, or in any other manner provided by the law of 
 
 such State, district, or Territory applicable thereto, for a 
 
 period of seven days ; 
 
 whenimprion- Qr has bccu actually imprisoned for more than seven 
 
 ed m civil action *^ ■*- 
 
 exceeding seven (jg^yg j^ g^ (,\y[\ actiou, fouudcd ou coiitract, for the sum of 
 
 one hundred dollars or upwards ; 
 piopCTty^in'view Or who, bcing bankrupt or insolvent, or in contempla- 
 of bantonptoy. ^j^^ ^f bankruptcy or insolvency, shall make any payment, 
 ^ift, grant, sale, conveyance, or transfer of money, or other 
 property, estate, rights, or credits, or give any warrant to 
 confess judgment, or procure or suffer his property to be 
 taken on legal process, with intent to give a preference to 
 one or more of his creditors, or to any person or persons 
 who are or may be liable for him as indorsers, bail, sure- 
 ties, or otherwise, or with the intent, by such disposition of 
 his property, to defeat or delay the operation of this Act ;* 
 Franduient 6ua- Or who, being a banker, merchant, or trader, has fraudu- 
 
 pension of pay- , ^ -^ --- ^ p 
 
 ment by hanker lently Stopped or suspeudcd and not resumed payment ot 
 
 or merchant. . . . , 
 
 his commercial paper, within a period of fourteen days ;t 
 
 Adjndicationof Shall bc deemed to have committed an act of bank- 
 bankruptcy on , , , , ; 
 petition of cred- ruptcy, and, subject to the conditions hereinafter prescribed, 
 
 shall be adjudged a bankrjupt, on the petition of one or 
 
 * Until the property has been taken by legal process, the act of bankrnptcy ia not complete. See Queen's 
 Bench Repts., p. 873; and see 12 William and Mary, 463, and Cav. and M., 458, as to distinction between a debtor's 
 suffering his property to be taken, or procuring it to be done. 
 
 t See G. 0.147, §37. 
 
THE BANKRUPT ACT. 79 
 
 more of his creditors, the aggregate of whose debts prov- 
 able under this Act amount to at least two hundred and 
 fifty dollars, provided such petition is brought within six 
 months after the act of bankruptcy shall have been com- 
 mitted. 
 
 And if such person shall be adiudsred a bankrupt, the Keoovory^yss- 
 
 ■T JO r 7 signee of prop- 
 
 assignee may recover back the money or other property so (^aJdof IT'' '" 
 paid, conveyed, sold, assigned, or transferred contrary to 
 this Act : Provided, The person receiving such payment or 
 conveyance had reasonab^cause to believe that a fraud on 
 this Act was intended,(^that the debtor was insolvent ; 
 
 And such creditor shall not be allowed to prove his debt PraTiduient 
 
 , , creditur not to 
 
 in bankruptcy. pvovodebt. 
 
 SECTION FORTY. 
 (General Clause 153.) 
 
 And he it further enacted. That upon the filing of the peti- . order to debtor 
 
 •^ 7 jr o x^ to show cauBB 
 
 tion authorized by the next preceding section, if it shall ap- Creditor """wuia 
 
 pear that sufficient grounds exist therefor, the court shall °°' '"' 6'»°'«d- 
 
 direct the entry of an order requiring the debtor to appear 
 
 and show cause, at a court of bankruptcy to be holden at 
 
 a time to be specified in the order, not less than five days 
 
 from the service thereof, why the prayer of the petition 
 
 should not be granted ; 
 
 And may also, by its iniunction, restrain the debtor, and Enjoining of 
 any other person, in the meantime, from making any ^vnnt. 
 transfer or disposition of any of the debtor's property not 
 excepted by this Act from the operation thereof, and from 
 any interference therewith ; 
 
 And if it shall appear that there is probable cause for ArrestoMebtor 
 believing that the debtor is about to leave the district, or 
 to remove or conceal his goods and chattels or his evi- 
 dence of property, or make any fraudulent conveyance or 
 disposition thereof, the court may issue a warrant to the 
 marshal of the district, commanding him to arrest the al- 
 leged bankrupt and him safely keep, unless he shall give 
 bail to the satisfaction of the court for his appearance from Baiiforappear. 
 time to time, as required by the court, until the decision 
 of the court upon the petition or the further order of the 
 
8.0 MANUAL OF THE U. S. BANKRUPT ACT, 1867 
 
 ei^^*taken"to' ^O'^^*) ^^^ forthwith to take possession provisionally of all 
 court "'^'"^ "'^^^ property and effects of the debtor, and safely keep the 
 same until the further order of the court. 
 (General Clause 154.) 
 wnwutimMd -^ "^^Py °^ *^® petition and of such order to show cause 
 Z^ '" "^™ ^1*^11 be served on such debtor by delivering the same to 
 him personally, or leaving the same at his last or usual 
 place of abode ; 
 wSt* *™'"'' ^'' ^^ ^^^^ debtor cannot be found, or his place of resi- 
 dence ascertained, service shall be made by publication, in 
 such manner as the judge may direct. 
 
 (General Clause 155.) 
 
 st^peTtiiTsep- -^^ further proceedings, unless the debtor appear and 
 Tice proved. conscut thereto, shall be had until proof shall have been 
 
 given, to the satisfaction of the court, of such service or 
 
 publication ; 
 
 And if such proof be not given on the return day of such 
 
 order, the proceedings shall be adjourned and an order 
 
 made that the notice be forthwith so served or published. 
 
 SECTION PORTT-ONE. 
 (General Clause 156.) ' 
 
 Petition and And be U further enacted. That on such return day, or 
 
 order to show ^ ■> ./ 7 
 
 lu?rda°'of°and ^^joumed day, if the notice has been duly served or pub- 
 of S*t°to°"r^ 'i'^^^'i) ^^ shall be waived by the appearance and consent 
 *'*^- of the debtor, the court shall proceed summarily to hear 
 
 the allegations of the petitioner and debtor, and may ad- 
 journ the proceedings from time to time, on good cause 
 shown, and shall, if the debtor on the same day so demand 
 Debtor may de- in Writing, Order a trial by jury at the first term of the 
 court at which a jury shall be in attendance, to ascertain 
 the fact of such alleged bankruptcy ; 
 Proceedings dis- And if, UDon such hearinsT or trial, the debtor proves to 
 
 nufiBcd, when. - . „ . 
 
 the satisfaction of the court or of the jury, as the case may 
 be, that the facts set forth in the petition are not true, or 
 that the debtor has paid and satisfied all liens upon his 
 property, in case the existence of such liens were the sole 
 ground of the proceeding, the proceedings shall be dis- 
 ' missed and the respondent shall recover his costs. 
 
THE BANKRUPT ACT. 81' 
 
 SECTION FORTY-TWO.. 
 (General Clause 157.) 
 And be it further enacted. That if the facts set forth in the Bncreoofb nu- 
 
 ■^ ' rupti-y ou wlifit 
 
 petition are found to he true, or if default he made hy the coudiu.ms given. 
 debtor to appear pursuant to the order, upon due proof of 
 service thereof heing made, the court shall a,djudge tlie 
 dehtor to be a bankrupt, and, as such, subject to the pro- 
 visions of this act, and shall forthwith issue a warrant to 
 take possession of the estate of the debtor. 
 
 (General Clause 158.) 
 The warrant shall be directed, and the property of the Proceedings 
 
 . tliereupon idea- 
 
 debtor shall be taken thereon, and shall be assigned and ticaiwitii voiim- 
 
 ' ° tary bankiuptcy, 
 
 distributed in the same manner and with similar proceed- 
 ings to those hereinbefore provided for the taking posses- 
 sion, assignment, and distribution of the property of the 
 debtor upon his own petition. 
 
 (General Clause 159.) 
 
 The order of adjudication of bankruptcy shall require Eanitrupt to 
 the bankrupt forthwith, or within such number of days, geriist of creai- 
 not exceeding five after the date of the order, or notice tmy of estate— 
 
 ^ when. 
 
 thereof, as shall by the order be prescribed, to make and 
 deliver, or transmit by mail, post-paid, to the messenger, 
 a schedule of the creditors and an inventory of his estate 
 in the form, and verified in the manner required of a pe- 
 titioning debtor by section thirteen.* [^Uleven.] 
 
 (General Clause 160.) 
 
 If the debtor has failed to appear in person, or by at- fal[s^™a'"'ear"« 
 torney, a certified copy of the adjudication shall be forth- ^"""^'i^'';," Xw 
 with served on him by delivery or publication in the man- ™'"^^' *"■ 
 uer hereinbefore provided for the service of the order to 
 show cause ; 
 
 And if the bankrupt is absent or cannot be found, such 
 schedule and inventory shall be prepared by the messen- 
 ger and the assignee from the best information they can 
 obtain. 
 
 (General Clause 161.) 
 
 If the petitioning creditor shall not appear and proceed crSlto'JfHii'ifgto 
 
 — ^ ^-H—. — . — 
 
 6 * Act aa printed ; ^ 11 of the act is referred to. 
 
82 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 c^d^to/maype- °^ ^^^ rctum day, or adjourned day, the court may, upon 
 tition. ^-j^Q petition of any other creditor to the required amount, 
 
 proceed to adjudicate on such petition, without requiring 
 a new service or publication of notice to the debtor. 
 
 OF SUPEESEDING BANKEUPT PBOCEEDINGS BY AEEANGE- 
 
 MENT* 
 
 SECTION FOKTY-THREE. 
 (General Clause 162.) 
 
 Trustees of Aud be it further enacted. That if, at the first meetinsr of 
 
 DEDkrupt's estate ,/ / / o 
 
 t°uted°for''as" creditors, or at any meeting of creditors to be specially 
 tilmTned'^''^ ^^' ^^^^^ ^'^^ ^^^ purposc, Rud of which previous notice shall 
 have been given for such length of time and in such man- 
 ner as the court may direct, three-fourths in value of the 
 creditors whose claims have been proved shall determine and 
 resolve that it is for the interest of the general body of the cred- 
 itors that the estate of the bankrupt shoidd be wound up and set- 
 tled, and distribution made among the creditors hy trustees, 
 under the inspection and direction of a committee of the credit- 
 ors, it shall be lawful for the creditors to certify and report 
 such resolution to the court, and to nominate one or more 
 trustees to take, and hold, and distribute the estate, under 
 the direction of such committee. 
 
 (General Clause IfiS.) 
 flrmsubsutnti™n If it shall appear to the court, after hearing the bank- 
 i^^'!:^^"'"^' rupt and such creditors as may desire to be heard, that the 
 resolution was duly passed and that the interests of the 
 creditors will be promoted thereby, it shall confirm the 
 same; 
 ™nv*eye°d and it ^°^ n^on the executiou and filing, by or on behalf oi 
 on m?ng°cone1rt thrce-fourths in value of all the creditors whose claims 
 of creditors. )^^yq. bccu proved, of a consent that the estate of the bank- 
 rupt be wound up and settled by said trustees, according 
 to the terms of such resolution, the bankrupt, or his as- 
 signee in bankruptcy, if appointed, as the case may be, 
 
 * The commiesioner is empowered to diauhargo a debtor out of custody on bis petition proposing a private 
 arrangement witli liia creditors, upon his compliance witli the statute. In re Edwards^ 1 FouJb. Banhr.y C. 3, 
 Eng. Hpi'., and cases cited. 
 
 The attempt to supersede banlcrupt proceedings in England as a general thing has not proved satisfactory. 
 
 See Cell's Laws of Scotland, p. 12(34, 6th edition, and cases there cited and n. 
 
83 
 
 THE BANKRUPT ACT. 
 
 shall, under the direction of the court, and under oath, con- 
 vey, transfer, and deliver all the property and estate of the 
 bankrupt to the said trustee or trustees, who shall, upon 
 such conveyance and transfer, have and hold the same in 
 the same manner, and with the same powers and rights, in 
 all respects, as the bankrupt would have had or held the 
 same if no proceedings in bankruptcy had been taken, or 
 as the assignee in bankruptcy would have done had such 
 resolution not been passed; 
 And such consent and the proceedings thereunder shall Proceedings 
 
 1 • T • n J T 1 T 1 heretmder ti be 
 
 be as binding in all respects on any creditor, whose debt wnaing on aii 
 
 _ _ 11 • -11 creditors. 
 
 is provable, who has not signed the same, as if he had 
 signed it, and on any creditor whose debt, if provable, is 
 not proved, as if he had proved it ; 
 
 And the court, by order, shall direct all acts and thinsrs court to direct 
 
 , ° winding up and 
 
 needful to be done to carry into effect such resolution of settlement of ea- 
 the creditors ; and the said trustees shall proceed to wind *"=• 
 up and settle the estate under the direction and inspection 
 of such committee of the creditors, for the equal benefit 
 of all such creditors; 
 
 And the winding up and settlement of any estate under settlement of 
 the provisions of this section shall be deemed to be pro- proceedinga in 
 ceedings in bankruptcy under this Act ; and the said trus- "" ™^ °^' 
 tees shall. have all the rights -and powers of assigaees in 
 bankruptcy. 
 
 (General Clause 164.) 
 
 The court, on the application of such trustees,* shall imsteetohave 
 
 , _ . and may exercleo 
 
 nave power to summon and examine, on oath or other- "8*"*= ™."i p°™- 
 wise, the bankrupt and any creditor, and any person in- 
 debted to the estate, or known or suspected of having any 
 of the estate in his possession, or any other person whose 
 examination may be material or necessary to aid the trus- 
 tees in the execution of their trust, and to compel the at- 
 tendance of such persons and the production of books and 
 papers, in the same manner as in other proceedings in 
 bankruptcy under this act; 
 
 And the bankrupt shall have the like right to apply for Bankmpthere- 
 and obtain a discharge after the passage of such resolution SghuotochaJ^e 
 
 • Tide J 26, G. C. 114; exparte Syers. 39, Eng. h. and B. Kept. 304. 
 
84 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 Bs ToJantary and the appointment of such trustees as if such resoUition 
 
 bankrupt. ^'^ ■ . , 
 
 had not been passed, and as if all the proceedings had con- 
 tinued in the manner provided in the preceding sections of 
 this Act. 
 
 (General Clause 165.) 
 Eesointion uot If the rcsolution shall not be duly reported, or the con- 
 
 roported, what to n i t • p ■ 
 
 bo done. ggQ^ of the crcditors 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 
 passed, and the court may make all necessary orders for 
 resuming the proceedings; 
 Time reckoning And the period of time which shall have elapsed between 
 
 hereunder. ^ ii/.ii/> 
 
 the date of the resolution and the date of the order for re- 
 suming proceedings shall not be reckoned in calculating 
 periods of time prescribed by this Act. 
 
 PENALTIES AGAINST BANKRUPTS. 
 SECTION JTORTY-FOUR. 
 
 (General Clause 166.) 
 
 Offences of, And be it further enacted, That from and after the passage 
 of this act, if any debtor or banki^upt shall, after the com- 
 mencement of proceedings in bankruptcy, — 
 
 Secretion of Secrctc or conceal any property belonging to his estate ; 
 
 concraiment, Qr part with, conccal, or destroy, alter, mutilate, or 
 
 destruction, mu- ^ ' ' j i i 7 
 
 tion'irfdoonmen^ f^^^ify, Or causc to be coucealcd, destroyed, altered, mu- 
 propwty* &r "' tilated, or falsified, any book, deed, document, or writing 
 relating thereto, or remove, or cause to be removed, the 
 same, or any part thereof, out of the district, or otherwise 
 dispose of any part thereof, with intent to prevent it from 
 coming into the possession of the assignee in bankruptcy, 
 or to hinder, impede, or delay either of them in recovering 
 or receiving the same ; 
 Payment, trans- Or make aiiy payment, gift, sale, assignment, transfer, 
 or conveyance of any>property belonging to his estate with 
 the like intent ; 
 
 Or'v^eM any part thereof in gaming; 
 Intent to de- Or shall, with intent to defraud, wilfully and fraudulentlv 
 
 fraud, or omlflsion „ , . . *' 
 
 fromBchcduio,fa. conccal froHi his assignee, or omit from his schedule, any 
 property or effects whatsoever ; 
 
THE BANKRUPT ACT. 85 
 
 Or if, in case of any person Laving, to his knowledge or Fictitiousoiaima. 
 belief, proved a false or fictitious debt against bis festate, 
 he shall fail to disclose the same to his assigneec within 
 me month after coming to the knowledge or belief thereof ; 
 
 Or shall attempt to account for any of his property by „,~s™!°"'°' 
 fictitious losses or expenses; 
 
 Or shall, within three months before the commencement J^ngSit, 
 of proceedings in bankruptcy, under the false color and ^'j^*.'"" '""'^ 
 pretence of carrying on business and dealing in the ordinary 
 course of trade, obtain on credit from any person any 
 goods or chattels with intent to defraud ; 
 
 ° Or shall, with intent to defraud his creditors, within j^^^'f^^iSX 
 three months next before the commencement of proceedings i™t'"tent, &o. 
 in bankruptcy, pawn, pledge, or dispose of, otherwise than 
 by bona fide transactions in the ordinary way of his trade, 
 anv of his goods or chattels which have been obtained on 
 credit and remain unpaid for ; 
 
 He shall be deemed guilty of a misdemeanor, and, upon Atove acts mis. 
 conviction thereof in anv court of the United States, shall pumshawoby 
 
 ^^ ^ 7 impnsonment. 
 
 be punished by imprisonment, with or without hard labor, 
 for a term not exceeding three years.* 
 
 PENALTIES AGAINST OFFICERS. / 
 
 SECTION FORTT-FIVB. 
 (General Clause 167.) 
 
 And be it further enacted, Tha,t if any judge, register, offemeaofoffl- 
 clerk, marshal, messenger, assignee, or any other officer of °™°" 
 
 *See Aichbold's New Bankruptcy Law, (Dnglish,) 2d edition, on "Misdemeanors of BanUnipt," p. 124; 
 Ibid, 126-7. 
 
 By 12 and 13 Victoria, c. 106, see. 266, if, at the sitting appointed for the last examination of any bankrupt, 
 or at any adjournment thereof, it shall appear to the court that the bankrupt has committed any of the offences 
 enumerated under the said act, the court shall refuse to grant the bankrupt any further protection from arrest, 
 and if, at any sitting or adjourned sitting, for the allowance of the certificate of any bankrupt, it shall appear 
 that he has committed any of such offences, the court shall refuse to grant such certificate, (discharge,) or shall 
 suspend the eame for such time as it shall think fit, and shall in like manner refuse to grant the bankrupt 
 further protection. 'Vide ex parte Maurice, 17 Jur., 359; 3 De Oex, M. and G, Bankruptcy lieports, (Eng.,) 502; 
 1 De Gex, M. and G. B. C.,270; 22 L. I. Bank, 41; Flather's (Archbold's) Law and Prac. in Bankruptcy, (Eng.,) 
 11th edition, pp. 407-8-10, et seq., and cases tllere cited ; Ibid, under the general head of "Certificate," p. 401. 
 Consult for general information GrifBn's (Eng.) Act of 1861; Shelford's (Eng.) Bankrupt LaV; Consolidation 
 Act of 1849, 2d edition ; Chitty's Statutes and Notes, Tol. 1, p. 184, et seq. ; Deacon's Law and Practice in Bank- 
 ruptcy last edition ; De Gex's Bankruptcy Cases ; Nicolls Acts, 2d edition. 
 
 The Act is explicit as to the list of oommitable offences thereunder, (and the penalties therefor,) without 
 reference to the statutes of different States.— JS. 
 
86 MANUAL OF THE IT. S. BANKRUPT ACT, 1867. 
 
 Judge, register, the Several courts of bankruptcy shall, for anything done 
 
 or other officer c </ ' ^ ^ 
 
 ^ol^t^he^tev °^ pretended to be done under this Act, or under color of 
 cfetog ''°xce°t *^<^i'^g anything thereunder, wilfully demand or take, or 
 officially. appoint or allow any person whatever to take for him or* 
 
 on his account, or for or on account of any other person, 
 or in trust for him or for any other person, any fee, emolu- 
 ment, gratuity, sum of money, or anything of value what- 
 ever, other than is allowed by this act, or which shall be 
 allowed under the authority thereof, such person, when 
 Penalty there- convicted thcrcof, shall forfeit and pay the sum of not less 
 
 for; flue $600 and -„ . t n ^ 
 
 imprisonment thau three huudrcd dollars, and not exceeding live hundred 
 
 three years. ^ 
 
 dollars, and be imprisoned not exceeding three years.* 
 
 SECTION SOETT-SIX. 
 (General Clause 168.) 
 
 ^Offences against J_fid be it further enacted, That if any person shall forge 
 ■ud "el'S' i°ster's ^^^ siguaturc of a judge, register, or other officer of the 
 B[gnItire°S'""'°' court, or knowingly concur in using any such forged or 
 S°"''*^°"^°^ counterfeit signature or seal for the purpose of authenti- 
 cating any proceeding or document ; 
 Falsely certify- Or shall tcudcr iu cvidencc any such proceeding or doc- 
 
 ing documents. , , 
 
 ument with a false or counterfeit signature of any such 
 judge, register, or other officer, or a false or counterfeit 
 seal of the court, subscribed or attached thereto, knowing 
 such signature or seal to be false or counterfeit, any such 
 person shall be guilty of felony, and upon conviction thereof 
 Same a felony, shall bc liable to a fine of not less than five hundred dol- 
 
 punisbable by 
 
 flneofS6,ooo,and jaj-s, and uot morc than five thousand dollars, and to be 
 
 imprisonment " ' 
 
 five years. imprisoucd not exceeding five years, at the discretion of 
 the court. 
 
 FEES AND COSTS.f 
 
 SECTION ]?0 KTT-SE VEN. 
 (General Clause 169.) 
 
 Clerks' fees. And be it further enacted, That in each case there shall be 
 
 * The penalty prescribed iu the English law for any official wilful malfeasance or dereliction, upon convic- 
 tiou of the same, is forfeiture of £500, and the guilty party is thereafter rendered incapable of holding any 
 office or place under the English Goverumeut. Vido 12 and 13 Victoria, c. 106, J 271; Flatber's Archbold, TOl. 
 2, p. 328, nth edition. 
 
 In cases of offences of officers and offences against officers, as in offences of bankrupts, the law is intact, and 
 unaffected by State enactments. — J5d. 
 
 f Tide Rules and General Orders of the Uouorable the Justices of the Supreme Court of the United States 
 
THE BANKRUPT ACT. 87 
 
 allowed and paid, in addition to the fees of the clerk of 
 the court as now established by law, or as may be estab- 
 lished by general order, under the provisions of this Act, 
 for fees in bankruptcy, the following fees, which shall be .f^K^^^-'^f"™' 
 applied to the payment for the services of the registers : 
 
 ^^ 1. «/ , ,, Issuing warrant 
 
 For issuing every warrant, two dollars. by 
 
 For each day in which a meeting is held, th: 
 For each order for a dividend, three dollars. 
 
 Order on ar- 
 
 For every order substituting an arrangement by -trust rangement" 
 deed for bankruptcy, two dollars. ^^^^ 
 
 For every bond with sureties, two dollars. 
 
 For every application for any meeting in any matter „,^??;^'=;"'"'*°' 
 under this Act, one dollar. 
 
 For every day's service while actually employed under a e^aiTy.'^'™ ^™" 
 special order of the court, a sum not exceeding five dollars, 
 to be allowed by the court. 
 
 For taking depositions, the fees now allowed by law. r-eposiuons. 
 
 For every discharge when there is no opposition, two cisdiavge. 
 dollars. 
 
 Such fees shall have priority of payment over all other Morityofaiova 
 claims out of the estate, and before a warrant issues, the ^ ^4 J. 'j 51 
 petitioner shall deposit with(tELe s enior reg istert_of the ^^ /^J 
 court,^with the clerk,(|o-2e^5eliverodj^^ J^/^^^^-KH^i^ 
 
 fifty dollars as security for the payment thereof; and if be dlposulTto 
 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 may issue an execution against 
 him to compel payment to the register. 
 
 Before any dividend is ordered, the assignee shall pay Marshal's fees. 
 out of the estate to the messenger the following fees, and 
 no more : 
 
 First. — ^For service of warrant, two dollars. service of wr-nt. 
 
 Second. — For all necessary travel, at the rate of five cents Mueage. 
 a mile, each way. 
 
 in bankruptcy, made conformably with Sec. 10 of the Act; see rules 29 acd 30 as tc Fees and Costs. Also see fees 
 of U. S. Dist. Court, Clerks, Marshals, Commissioners and Witnesses in the appendix of Manual. Also as to 
 allowiinco to assignees, J 28, G. C. 129, U. S. B. Act, 1867. 
 
 t Tlio grade of " senior register," among the officers appointed to administer and execute the law, was not 
 intended by tlio framer of the Act, (Hon. Thos. A. Jencebs, of R. 1.,) and no provisiou for the appointment of 
 ■noli olficcr has been made in the Act, it will be found. All the registers of any judicial district are alike respon- 
 sible to tlie judge of the court of that district, without gradation or preference.— iii. 
 
88 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 serving^notices. Third. — For each written note to creditor named in the 
 schedule, ten cents. 
 
 sJ^tZ. *'""™' Fourth.— For custody of property, publication of notices, 
 
 and other services, his actual and noce'Hsary expenses upon 
 
 returning the same in specilic items, and making oath that 
 
 Accoijnt of thev have been actually incurred and paid by him, and are 
 
 Bame Termed. J •' -inTiii 
 
 just and reasonable, the same to be taxed or adjusted by 
 the court, and the oath of the messenger shall not be con- 
 clusive as to the necessity of said expenses. 
 anceabycouJr' For causc shown, and upon hearing thereon, such further 
 allowance may be made as the court, in its discretion, may 
 determine. 
 reme"court u" The enumeration of the foregoing fees shall not prevent 
 addMomiTel^s' the judgcs, who shall frame general rules and orders in 
 f^o?''''^'^"" accordance with the provisions of section ten, from pre- 
 scribing a tariff of fees for all other services of the offi- 
 cers of courts of bankruptcy, or from reducing the fees 
 prescribed \i\ this section in classes of cases to be named 
 in their rules and orders.* 
 
 OF MEANING OF TERMS AND COMPUTATION OF TIME. 
 
 SECTION FORTY-EIGHT. 
 
 (General Clause IVO.) 
 
 Singular and j^yi^ jg n further enacted. That the word " assignee " and 
 
 plural identical; ./ ^ o 
 
 "■'e?' an'd"Sa^ ^he word " crcditor " shall include the plural also ; and 
 ISd'""dTp™i^ee'" thc word " mcssengcr " shall include his assistant or assist- 
 '•corporatioS/' ants, except in the provision for the fees of that officer. 
 Sation?'* "^^' The word " marshal " shall include the marshal's deputies; 
 the word " person " shall also include " corporation ;" and 
 the word " oath " shall include " affirmation."t 
 
 *As to Attomey's Fees, etc. — It is observable that while all the English bankruptcy acts make ample pro- 
 Tision for the compensation for professional services of Solicitors and Attorneys in cases in bankruptcy, in what 
 would doubtless be here considered an exhorbitaut fee bill, (and in some coses gives them a lieu upon valuable 
 papers of their client as security,) our American law is silent upon the subject, and designedly so, (as 
 seems evident,) au'l leaves the question of professional remuneration a matter to be decided between attorney 
 and client — Ji^. 
 
 t Vide 12 and 13 Vict., chap. 106, sec. 276, English Statutes, as to definition and explanation of terms- 
 Where the term "aunulling" shall also mean and include "supersedingj" the term " month" shall meaua 
 calendar month ; the term " assignees " shall mean the assignees of the estate and effects of the bankrupt ; the 
 term " oath " shall be deemed to include the declaration or affirmation of any person authorized by law to declare 
 or affirm. Words importing tho singular number or the masculine gender only, shall be understood to include 
 several matters as well as one matter, and several persons as well as one person, and bodies corporate as well as 
 individuals, and females as well as males ; and words importing the plural number shall be understood to apply 
 to oue matter as well as more than one. — £d. 
 
THE BANKRUPT ACT. 
 
 89 
 
 (General Clause 171.) 
 And in all cases in whicli any particular number of ^^in^-u o^a^s^o^s 
 days is prescribed by this Act, or' shall be mentioned in S^, ™JS_'°«' 
 any rule or order of court, or general order which shall at 
 any time be made under this Act, for the doing of any 
 act, or for any other purpose, the same shall be reckoned, 
 in the absence of any expression to the contrary, exclusive 
 of the first and inclusive of the last day, unless the last day mtsmm. 
 shall fall on a Sunday, Christmas day, or on any day ap- 
 pointed by the President of the United States as a day of pub- 
 lic fast or thanksgiving, or on the Fourth of July, in which 
 case the time shall be reckoned exclusive of that day also. 
 
 SECTION FORTY-NINE. 
 (General Clause l'?2.) 
 
 And be it further enacted. That all the jurisdiction, power, sup. courtms- 
 
 •^ ' T • 1 T\' ' J. trict Columbia to*| 
 
 and authority conferred upon and vested m the District have District ^ 
 
 '' ^ -11 Court jurisdic- 
 
 Court of the United States by this act in cases in bank- tion in banii- 
 
 •^ _ ruptcy. 
 
 ruptcy are hereby conferred upon and vested in the Su- 
 preme Court of the District of Columbia.a * 
 
 (General Clause 173.) 
 
 And in and upon the Supreme Courts of the several Ter- ^f,i|?P^^™^°°"|j'| 
 ritories of the United States, when the bankrupt resides same. 
 in the said District of Columbia or in either of the said 
 Territories.6 * 
 
 (General Clause 174.) 
 
 And in those iudicial districts which are not within any Aato Districts 
 
 ^ ^ m unorganized 
 
 organized circuit of the United States, the power and jur- circuits, 
 isdiction of a Circuit Court in bankruptcy may be exercised 
 by the district judge.c * 
 
 * a. The above Gen. Clauses 172, 3, and 4 should have been introduced and made part of Section first of 
 the Act, which see. 
 
 Congress shall have power — 
 
 To constitute tribunals inferior to the Supreme Court; and — 
 
 To exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) 
 as may, by cession of particular States and the acceptance of Congress, become the seat of Government of the 
 United States, 4o. Art. 1, Sec. 8, dm. V. S. 
 
 h. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior 
 courts as the Congress may from time to time ordain and establish. — AH. 3, Sec. 1, Con. JJ. S. 
 
 c. The Congress of the United States shall have power also — 
 
 To establish uniform laws on the subject of bankruptcies throughout the United States.— .^ri. 1, Sec 8, 
 Can. V. 8. This clause clearly indicates the power vested in Congress to pass a general bankrupt act. Prior to 
 the adoption of the Constitution of the United States the right of enacting naturalization laws was exercised 
 
90 MAJSrUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 SECTION FIFTY. 
 
 (General Clause 175.) 
 Act tates effect And be it further enacted. That this act shall commence 
 
 as to Registers, "^ ' 
 
 and rules and and take cffect, as to the appointment of the officers cre- 
 
 general orders ' ■*-■*■ 
 
 mSb'^isbt- ^*®*^ hereby and the promulgation of rules and general 
 orders, from and after the date of its approval : Provided, 
 That no petition or other proceeding under this act shall 
 be filed, received, or commenced before the first day of 
 
 &ot' the?e™tei June, Anno Domini eighteen hundred and sixty-seven. 
 
 juie 1,1867. ' Approved March 2, 186T. 
 
 by the different Stales respectively, and as certain local influences were naturally permitted to prevail, there 
 ■was not, and could not necessarily be, a uniformity in these laws. Each State had its own peculiar law upon 
 the subject of naturalization. The same lack of uniformity prevailed in respect to bankruptcy laws. Each 
 State had its bankruptcy or insolvency laws, but they were not uniform, and as this State of things grew more 
 and more complex and inconvenient the necessity of giving to Congress the power of making uniform laws as 
 to naturalization and bankruptcy became apparent, and therefore the power of making uniform laws was 
 unanimously conceded to that body by the Constitution of Sept. 17, A. D. 1787. Congress, therefore, may 
 make bankrupt laws, but they must be uniform, and apply with equal effect throughout the United States.— Ed. 
 
OEDEE OF THE CHIEF JUSTICE 
 
 AS TO THE 
 
 EECOMMEITDATION AM) NOMmATION* OF REGISTERS 
 m BANKRUPTCY. 
 
 By direction of the Chief Justice the following statement is pub- 
 lished for information : 
 
 FIRST. 
 
 Under the act of Congress the power of appointing " Registers in 
 Bankruptcy" is vested in the District Courts of the United States, 
 the Supreme Courts of the Territories, and the Supreme Court of 
 the District of Columbia ; but no person can be appointed who is not 
 a counsellor at law. 
 
 SECOND. 
 
 The duty of recommending and nominating, to the District Courts and 
 other Courts mentioned in the act, suitable persons for appointment, 
 is imposed on the Chief Justice of the United States ; and. Congress 
 having now adjourned without acting upon the bill introduced into 
 the Senate to repeal this provision, he will proceed to carry it into 
 effect. 
 
 THIRD. 
 
 To insure, as far as practicable, the selection of fit men for Regis- 
 ters, the Chief Justice will require, in every case where his recom- 
 mendation and nomination are desired, first, a certificate from the 
 clerk or judge of the proper District or Territorial Court, or of some 
 State Court of Record, under seal of the Court, that the gentleman 
 named therein is a counsellor of said Court ; and, secondly, a state- 
 ment in what Congressional District or Territory the gentleman pro- 
 posed resides, and for what District or Territory, and for what judi- 
 cial district, the recommendation and nomination are desired ; and, 
 thirdly, letters from business and professional men of the District, 
 
 * Vide Section 3 Geneial Clause 10 jf.3b. 
 
 91 
 
92 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 State, or Territory, who have the confidence of their fellow-citizens, 
 each of which letters must vouch distinctly and fully for the gentle- 
 man named, (1,) in respect to his professional knowledge and ability, 
 (2) in respect to his personal integrity, and (3) in respect to his gen- 
 eral business capacity. 
 
 FOUKTH. 
 
 In addition to these, when the State is represented in Congress, 
 similar letters, if they can be had, are desired from the Representa- 
 tive of the District, and from the Senators of the State, or, in the 
 case of a Territory, from the Delegate. 
 
 FIFTH. 
 
 No memorials, or petitions, or recommendations signed by others 
 than the writer, are required. 
 
 SIXTH, 
 
 All letters upon which any recommendation and nomination may 
 be made will be filed by the Chief Justice in the office of the Clerk 
 of the Supreme Court of the United States. 
 
 SEVENTH. 
 
 Nominations and recommendations founded upon testimony fur- 
 nished as above required, will be made as early as practicable after 
 the same shall have been received. If more than one gentleman in 
 any District or Territory is thus commended to him, the Chief Jus- 
 tice will exercise his discretion in making the selection, 
 
 EIGHTH. 
 
 Only one person will be recommended and nominated in any one 
 Congressional District, except (1) in the case that the Court having 
 the appointing power shall decline to appoint the person first recom- 
 mended and nominated; or (2) in the case that, after the act shall 
 have gone fully into operation, the appointing Court shall certify to 
 the Chief Justice that the business of the District cannot be properly 
 done by one Register ; or, (3,) in some cases, where a Congressional 
 District may be partly in one Judicial District and partly in another. 
 
 D. W. MIDDLETON", 
 
 Clerk of the Supreme Court of the United States^, 
 Washington City, April 5, 1867. 
 
SPECIAL ORDER 
 
 OF THE SUPREME COURT OF THE UNITED STATES, 
 
 MADE IN PUESUANCE OF THE BANKRUPT ACT, 1867. 
 May 8, A. D. 1867. [December Term, 1866.] 
 
 Ordered, That no copies of the orders, rules, and forms in bank- 
 ruptcy, or of any of them, to be established by this Court, shall be 
 published until the order gf this Court. 
 
 D, W. MIDDLETON, 
 
 Qlerh. 
 
 93 
 
GENERAL ORDER 
 
 OF THE SUPEEME COURT OF THE UNITED STATES, 
 
 MADE IN PURSUANCE OF THE BANKRUPT ACT, 1867. 
 May 16, A. D. 1867. [December Term, 1866.] 
 
 Ordered, That certain rules and forms of proceedings in bank- 
 ruptcy have been framed and adopted by the Court in pursuance of 
 the Act of Congress, approved March 2, 1867, and the same are now 
 promulgated as such. 
 
 And it is further ordered that the said rules and forms be recorded 
 by the Clerk, and that they be allowed to be printed. 
 
 D. W. MIDDLETON, 
 
 Clerh. 
 
LIST OP 
 
 GENERAL ORDERS IN BANKRUPTCY. 
 
 [Act of March 2, A. D. 1867.] 
 
 BtiIo. P^e. 
 
 1. Duties of Clerks op Distbiot Coubts 103 
 
 2. Process 104 
 
 3. Appearance 104 
 
 4. Commencement of Proceedings 104 
 
 5. Registers , 105 
 
 6. Dispatch of Business 106 
 
 7. Examination and Filing of Papers i 106 
 
 8. Orders by Register ., 106 
 
 9. Notification to Assignee of his Appointment 107 
 
 10. Testimony— How Talien 107 
 
 11. Minutes before Register — [Filing, etc.] 108 
 
 12. Accounts for Services of Register and Marshal 108 
 
 13. Marshal as Messenger 109 
 
 14. Amendments 109 
 
 15. Priority of Action — [Involuntary Bankruptcy.] 110 
 
 16. Filing Petitions in Different Districts 110 
 
 17. Concerning Redemption of Property and Compounding Claims Ill 
 
 18. Proceedings in Case of Co-partnerships Ill 
 
 19. Duties of Assignees 112 
 
 20. Composition with Creditors — [Arbitration.] 112 
 
 21. Mode of Selling Property 113 
 
 22. Perishable Property , 114 
 
 23. Service of Notices 114 
 
 24. Opposition to Discharge 114 
 
 25. Secon^ and Third Meetings of Creditors , 114 
 
 26. Appeals 115 
 
 27. Imprisoned Debtor 115 
 
 28. Deposit and Payment of Moneys , 116 
 
 29. Prepayment and Security for Fees 117 
 
 30. As to Fees and Costs 117 
 
 31. Costs in Contested Adjudications 118 
 
 32. As to Forms and Schedules 118 
 
 33. Omissions and Amendments , 119 
 
 95 
 
LIST OF 
 
 BANKRUPTCY COURT FORMS. 
 
 [Act of March 2, A. D. 1867.] 
 
 PETITIONS. 
 No. Page. 
 
 1. Peiitioh BY Debtoe, ahd Schedules 121 
 
 Schedule A.— 1. Creditors to be Paid in Full 123 
 
 A. — 2. Creditors Holding Securities 124 
 
 A. — 3. Creditors Unsecured 125 
 
 A. — 4. Liabilities on Discounts, etc 126 
 
 A. — 5. Accommodation Paper 127 
 
 B. — 1. Eeal and Personal Estate ,. 128 
 
 B.— 2. Personal Property 129 
 
 B. — 3. Choses in Action .'. 130 
 
 B. — 4. Property in Expectancy, &o 131 
 
 B. — 5. Exempted Property under 14tli Sec 132 
 
 B. — 6. Books, Deeds, Papers, &c 133 
 
 2. Co-partnership Petition , 134 
 
 3. Corporation Petition 135 
 
 4. Creditors' Petition — [Involuntary Bankruptcy.'] 135 
 
 5. Petition for Sale of Perishable Property 138 
 
 6. Petition for Eemoval of Assignee 139 
 
 7. Petition of Assignee for Power to relieve Property from lien 140 
 
 8. Petition of Bankrupt for his Discharge , 141 
 
 OEDEES. 
 
 8. Order of Court oa Bankrupt's Petition for Discharge. [See Form 8.] 141 
 
 9. Order to Show Cause upon Creditors' Petition.... 142 
 
 10. Order for Bankrupt's Examination , 143 
 
 11. Order Concerning Sale of Property by Assignee ; 143 
 
 12. Order Concerning Sale of Property of Corporation ; 144 
 
 13. Order for the Sale of Perishable Property 144 
 
 14. Order for the Sale of Choses in Action 145 
 
 15. Order for General Meeting of Creditors, under Sec. 27 146 
 
 16. Order of Court upon Denial of Bankruptcy and Demand for Jury Trial 147 
 
 17. Order for Eeference to Eegister 147 
 
 18. Order of Eemoval of Assignee , „ 148 
 
 19. Order for Meeting of Creditors to fill Vacancy caused by Eemoval of Assignee... 149 
 
 20. Order of Settlement and Discharge of Assignee 149 
 
 21. Common Order , 150 
 
 7 97 
 
98 MANUAL OF THE U, S. BANEBiJPT ACT, 1867. 
 
 29. Order for Meeting of Creditors to Consider Question of Removal of Assignee.,™ 158 
 65. Order of District Court for Transfer and Delivery of Property upon Appoint- 
 ment of Trustees, under Sec. 43., ...f ^ 186 
 
 65. Order of Court Staying Proceedings in Bankruptcy, on Proceedings being had 
 
 under Sec. 43 :.....:.-, 188 
 
 14:. Order Diminishing Claim against Bankrupt.. 195 
 
 75. Order Expunging, or Allowing Claim -. 196 
 
 Order to Pile and Enter Nomination'and Confirmation of Biegisters, &a._™... — 211 
 
 WARRANTS. 
 
 22. Warrant to Marshal as Messenger— [ Voluntary Banhruptcy.] ^. 150 
 
 23. Warrant of Seizure upon Adjudication on Creditor's Petition 152 
 
 24. Warrant of Committal of Bankrupt or other Party for Unsatisfactorily Answer- r 
 
 ing, or for Refusing to Sign Examination 154 
 
 25. Warrant Against Party Disobeying any Rule or Order of the Court 155 
 
 78. Dividend Warrant... .- «— — 197 
 
 NOTICES. 
 
 22. Notice to Creditors — {Voluntary Bankruptcy. 1 „ ,..„.._^.»......„...«. 151 
 
 26. Notification to Assignee of his Appointment 156 
 
 27. Assignee's Notice ofAppointment 157 
 
 28. Notice to Assignee of Motion for his Removal 158 
 
 29. Notice for Meetingof Creditors to Consider Removal of Assignee — {Order] 158 
 
 30. Notice for Meeting of Creditors on Question of Considering "Rem oval of Assignee, 
 
 ■ and the Appointmentof hisSuocessor .'....'.'... 1'. 159 
 
 31. Notice of Dividend. 159 
 
 32. Notice of Appeal-in case of Disallowance or Reduction of Claim 160 
 
 33. Notice to Officer of National Bank, or other Institution, where Moneys Receiyed 
 
 by Assignee, or which are paid into Court in Bankruptcy Proceedings, are 
 Deposited..... '. 161 
 
 34. Notice that Bankrupt has Applied for Discharge 162 
 
 35. Assignee's Notice of Settlement of his Accounts Preparatory to Final Dividend.. 163 
 
 52. Notice to Assignee of Indemnification for Payment of Lost Bill or Note 176 
 
 65. Advertisemeat of Trustees in Proceedings under Section 43....„,»,. ..„„.„ „.. 188 
 
 MEETINGS. 
 
 36. First Meeting of Creditors — [Choice of Assignees.'] 163 
 
 37. Memorandum of Register of First Meeting of Creditors — {On Failure to make 
 
 choice of Assiffnee].;.. ..:..; ....'. ; 164 
 
 38. Memorandum- of ■ Register of Meeting — {Listof Creditors] 165 
 
 39. Memorandumof- Register — Dividend Meeting 166 
 
 40. Memorandum of Register — Abstracts of Proceedings under Section 6 167 
 
 41. General Meeting of Creditors — Request of Assignee under Section 27 167 
 
 65. Meeting of Creditors — Appointment of Trustees under Section 43 185 
 
 OATHS, DEPOSITIONS, AND' AFFIDAVITS.— PROOF OP DEBTS, Eto. 
 
 1. Oath on Debtor's Application ..^.. .„..„.. 122 
 
 J. Oath to Schedule of Dsbts, etc., of Debtor 127 
 
7 LIST OF FORMS. 99 
 
 1. Oath to Schedule of Property. and Assets of Debtor...™.,.,. «« « 133 
 
 4. Oath on Application in Involuntary Proceedings 137 
 
 7. Oath on Application of Assignee- to- Believe Property from Lien 140 
 
 22. Oath on -Returnof Messenger on Warrant in Voluntary Bankruptcy Proceed- 
 
 ings-....-...;... ......'.: ^ 152 
 
 23. Oath on Return of Marshal on Warrant of Seizure in Involuntary Bankruptcy... 154 
 34. Affidavit of Service of Notice' that Bankrupt haa:Applied for final Discharge... 162 
 
 42. Deposition as to Petitioning Creditor's Claim 168 
 
 43. Deposition of ■ Witness to Act of Bankruptcy.. -~" 168 
 
 44. Deposition for Proof of Debt, by Agent or Attorney 169 
 
 45. Deposition for Proof of Debt -without Security 170 
 
 46. Deposition for Proof of Debt with Security, by Creditor 171 
 
 47. Deposition for Proof of Debt with Security, by Agent 172 
 
 48. Assignees Return where there are no Assets ",..« » 173 
 
 49. Examination of Bankrupt or Witness as to the Bankruptcy, etc 173 
 
 50. Declaration of Bankrupt, or his Wife, touching His Property 174 
 
 51. Deposition for Proof of Debt by Officer of Corporation , 174 
 
 62. Proof of Indemnity for Lost Bill or Note ^ ;... 175 
 
 53. Register's Oath of Office; :.... 176 
 
 54. Affidavit by Assignee — Verification of Account 177 
 
 55. Oath of Bankrupt to be taken before Final Discharge , 178 
 
 65. Oath of Bankrupt as to Representation of Creditors Resolying on Proceedings 
 
 under Section 43 185 
 
 68. Oath of- Bankrupt as to Conveyance and Delivery of Property to Trustees in 
 
 Proceedings under Section 43 187 
 
 69. Affidavit of Service of Summons on Witness after Adjudication.. 192 
 
 Proof of Debts — General Form 199 
 
 Proof of Debts — Various Forms „„„»„..™..«™,- « 200 
 
 ' ■ CERTIFICATES. 
 
 56. Certificate of Proceedings, by Register to District Judge, under Section 6 179 
 
 57. Certificate of Exempted Property - 179 
 
 58. Certificate of Protection , 180 
 
 65. Certificate of Register as to Resolution of Creditors to Adopt Proceedings under 
 
 Section 43 186 
 
 70. Certified Extended Schedule of Debts and Claims from which Assignee to Pay 
 
 Dividends 193 
 
 71. Certified Short Schedule of Proofs and Claims for Dividend 194 
 
 Form of Certificate and of Acknowledgment to the Chief Justice, upon Confirm- 
 ation of Registers by District Judge... „..».^,. ..,:. „„ ^ ....i„ 211 
 
 BONDS, 
 
 59. Official Bond of Register'in Bankruptcy „.,..„.,..*.-„„..-,.„„„.„ 181 
 
 60. Bond of Assignee 181 
 
 61. Bond of Trustees, in Proceedings under Section 43 ..; 182 
 
100 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 ADJUDICATION OF BANKEUPTCT. 
 
 62. Adjudication upon Debtor's Petition 183 
 
 63. Adjudication upon Creditor's Petition 184 
 
 64. Adjudication where Debtor^ia found not Bankrupt 184 
 
 MISCELLANEOUS. 
 
 65. Appointment of Trustees under Section 43 185 
 
 Certificate of Register thereon 186 
 
 A.— Order of Court thereon, embracing Trustees, Deed, etc 186 
 
 B. — Advertisement of Trustee 188 
 
 C— Order of Court Staying Proceedings, etc 188 
 
 66. Assignment of Bankrupt's Effects 189 
 
 67. Letter of Attorney to Represent Creditor.. ■ 189 
 
 68. Form of Special Letter of Attorney 190 
 
 69. Summons of Witness after Adjudication 191 
 
 Return thereon, etc 192 
 
 10. List of Proofs of Debts and Claims for Assignee to Pay Dividends from 3 93 
 
 71. List of Proofs and Claims for Dividend 194 
 
 72. Creditors' Specification of Grounds of Opposition to Bankrupt's Discharge 194 
 
 73. Denial of Bankruptcy and Demand for Jury by Debtor 195 
 
 74. Diminution of Claim ■ 195 
 
 75. Expunging, or Allowance of Claim 196 
 
 76. Admission of Debt by Debtor of Bankrupt 196 
 
 77. Letter to Debtor of Bankrupt from Assignee, Requesting Payment 197 
 
 78. Dividend Warrant '. 197 
 
 79. Assignee's Receipt to Debtor of Bankrupt on Payment of Debt....'. 198 
 
 ' 'Acknowledgment to Chief Justice, by District Judge, of Appointment of Regis- 
 ters 211 
 
 VARIOUS ORDINARY FORMS OF PROOF OF DEBTS. 
 
 Genebal Fobu 199 
 
 Obdinabt Foems of Peooi'. — 
 
 By a Married Woman — By a Partner in a Banking Firm — By the Secretary 
 or other Officer of a Railroad Corporation — For Goods Supplied to Order — 
 For Goods Sold and Money Loaned — For Goods Sold and Work Done — For 
 Work Done, Goods Sold, Money Loaned, and for Commission — For Goods 
 Sold, and Interest upon a Bill of Exchange — For Goods Sold but not Deliv- 
 ered at the Time 200 
 
 For Money Loaned and Money Paid — For Balance of Money Loaned — For 
 Money Paid and Shares Sold— For Money Paid, Laid Out, etc. — For Board 
 and Maintenance, Clothes, etc., and Money Loaned — For Premiums Paid on 
 Policies of Insurance — For Money Paid to a Third Party — Upon a Check 
 Received from a Third Party — For Money had an'& Received — ^For Money 
 Found Due upon a Stated Account — Another Form— For the Value of Goods 
 Entrusted to the Bankrupt for Sale , 201 
 
LIST OF FORMS. 101 
 
 For Work and Labor — By Solicitor or Attorney for his Bill of Costs — Another 
 Form — By a Surgeon — By a Veterinary Surgeon — By a Printer — By a 
 Landlord — By a Landlord, for Breakages, etc 203 
 
 For Brokerage and Oommission — Another Form — For Commission — For Pre- 
 miums in Respect of Insurances — By a Carrier — By a Railroad or Express 
 Company — By a Clerk — Another Form — By a Workman — By a Servant — 
 Another Form — For Wages and for Money Paid on Account of the Bankrupt, 203 
 
 Another Form — For Detective or Police Services — For Work Bono and Mate- 
 rials Found and the Hire of a Vehicle, etc. — For Hire of Boats and Work 
 and Labor — For Hire of a Barge — For the Hire of Drays or Carts — By 
 Holder of a Promissory Note against the Last Endorser — By Endorsee of a 
 Bill of Exchange.... 204 
 
 By an Endorsee for Value of Foreign Bills— By Endorsee for a Bill of Ex- 
 change, and Charges and Costs of Action 295 
 
 By Endorsees upon Bills of Exchange with Deductions — By Joint-Stock Bank 
 upon Bills of Exchange — Upon Bills of Exchange by the Bank — By Joint- 
 Stock Banking Company upon an Overdrawn Banking Account — By a 
 Joint-Stock Banking Company, under a Bill of Sale, and an Award 206 
 
 Form of Proof Sworn Abroad upon a Banker's Cheque — By a Creditor of a 
 Bank upon a Drawing Account — Another Form — By a Creditor upon a 
 Banking Account— Another Form — By a Husband in Eight of his yfiie, in 
 Eespeot of a Banking Account Kept by Her — By Husband and Wife in 
 Eespect of Separate Estates of the Wife 207 
 
 By a Married Woman in Eespect of a Cash Balance — Another Form — In 
 Eespeot of a College Banking Account — By a Trustee on Behalf of Himself 
 and His co-Trustee — By a Surviving Trustee — Executors or Administrators 
 upon a Banking Account — Another Form — Another Form — By an Admin- 
 istrator 206 
 
 By an Executor For Salary — By a Depositor in a Bank ; Adjudicated Bank- 
 rupt against a Shareholder 209 
 
 By an Annuitant for the Value of an Annuity — By a Receiver — Another 
 Form 210 
 
 OFFICE BOOK-FORMS. 
 
 A.— Cash Book 213 
 
 B.— Installment 213 
 
 C— Estate Ledger 214 
 
 D.— List of Debts 2l4 
 
 E. — Registers' Fee and Expense Book 215 
 
 F. — Messengers' Register 216 
 
 G.— Marshals' Fees and Expense Book 217 
 
GENEEAL OKDERS IN BANKRUPTCY. 
 
 MADE IN PURSUANCE OF THE UNITED STATES BANKRUPT 
 ACT, 1867, SECTION 10. 
 
 In pursuance of the Tenth Section of the Act of Con- 
 gress entitled "An act to establish a Uniform System of 
 Bankruptcy throughout the United States," approved 
 March 2, 1867, the Justices of the Supreme Court of the 
 United States have framed the following General Ordex's, , 
 which shall constitute the Kules of Practice and Proced- 
 ure in Bankruptcy in the District Courts of the United 
 States : — 
 
 ^ULE I. ^SJ^^F": 
 
 Duties of Clerks of District Courts. - — — — : — i 
 
 The Clerks of the several District Courts shall enter upon EeqnirementB 
 
 ■,-r-... .-Di It 111 nias.to endorsii- 
 
 each Petition in Bankruptcy the day, and the hour ot the ment of papera 
 
 '^ •' -^ ' filed — the day, 
 
 day, upon which the same shall be filed; and shall also iiour, and charoo- 
 
 *J ' ^ •' ter of same. 
 
 make a similar note upon every subsequent paper filed with 
 
 them; and the papers in each case shall be kept in a file by Bachoasetobo 
 
 themselves. No paper shall be taken from the files for any witLout order 
 
 ,,, of court no papiT 
 
 purpose except by order of the Court. Every paper shall to to removed. 
 
 have endorsed upon it a brief statement of its character. 
 
 The Clerks shall keep a Docket, in which the cases shall , Docuetofentry 
 
 ^ ' to be kept. 
 
 be entered and numbered in the order in which they are 
 commenced; andthenumberof each case shall be endorsed" Papers to to 
 
 - -numbered ana 
 
 on every paper. The docket shall be so arranged that a briefed. 
 brief memorandum of every proceeding in each case shall 
 be entered therein in a manner convenient for reference, 
 and shall at all times be open for public inspection. The separate mm- 
 Clerks shall also keep separate minute books for the record " 
 
 103 
 
104 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 aiiproceedingBiQ of ppoceedings in bankruptcy; in which shall be entered 
 a minute of all the proceedings in each case, either of the 
 Court or of a Eegister of the Court, under their respective 
 dates. 
 
 i^:t'\^f^\ EULE II. 
 
 G. C. 114, ot seq. __, 
 
 pp. 81, 62. Frocess. 
 
 To issue from All proccss, suHimons, and subpoenas shall issue out of 
 
 oour un er sea . ^^^ Court Under the seal thereof, and be tested by the 
 
 Clerk; and blanks with the signature of the Clerk and seal 
 
 How tested, of the Court may, upon application, be furnished to the 
 
 Eegisters. 
 
 B.A.,?23,Q.C. EULE III. 
 
 109, p. 69; § 42, 
 
 G. 0. 160, p. 81. Appearance. 
 
 Bankrupt may Procecdings iu bankruptcy may be conducted by the 
 p™son, oTpetJ bankrupt in pers®n in his own behalf, or by a petitioning 
 cr'by attomeyor or opposiug Creditor ; but a creditor will only be allowed 
 mul't be admitted to manage before the Court his individual interest. Either 
 
 to Circuit or Dis- , t i _l ii t . i , , 
 
 triotcourts.u.s. party may appear and conduct the proceeamgs by attor- 
 ney, who shall be an attorney or counsellor authorized to 
 practice in the Circuit or District Court. The name of 
 Attorney's the attomcy or counsellor so appearing, with his place of 
 
 ^eSmTbe en- resideucc and business, shall be entered upon the docket, 
 
 i^cMr ^^^^"^ with the date of the entry. All papers or proceedings 
 offered by an attorney to be filed shall be endorsed as above 
 required ; and orders granted on motion shall contain the 
 name of the party or attorney making the motion. Ifo- 
 tices and orders which are not, by the Act, or by these 
 Service bf par Rulcs required to be served on the party personally, may 
 
 *'''°' be served upon his attorney. 
 
 B.A„? 11,0.0. RULE IV. 
 
 33, et seq. p. 42, 
 
 1 38, G. 0. 148, p. Commencement of Proceedings. 
 
 Upon the filing of a petition in case of Voluntary Bank- 
 ruptcy, or as soon as any adjudication of bankruptcy is 
 made upon a petition filed in case of Involuntary Bank- 
 Reference of ruptcy, the petition shall be referred to one of the Regis- 
 case to Bogister. ^^^^ .^ ^^^^ manner as the District Court shall direct; and 
 
OENBRAL ORDERS IN BANKRUPTCY. 105 
 
 the petitioner stall furnish the Register with a copy of 
 
 the papers in the case, and thereafter all the proceedings af^"''™''^^''^^ 
 
 required by the Act shall be had before him, except such c|p7&o''™' ™' 
 
 as are required by the Act to be had in the District Court, 
 
 or by special order of the District Judge, unless some other 
 
 Register is directed to act in the case. 
 
 The order designating the Register to act upon any Pe- ti^g'^KogTsTe^ 
 tition shall name a day upon which the Bankrupt shall of appjrrance ^ 
 attend before the Register, from which date he shall be J',™''^j^^p„*; ^^'J.'j? 
 subject to the orders of the Court in all matters relating to Sion titr&c™ 
 his bankruptcy, and may receive from the Register a 
 protection against arrest, to continue until the final adju. 
 dication on his application for a discharge, unless suspended 
 or vacated by order of the Court. 
 
 A copy of such order shall forthwith be sent by mail to der°on°L''uter' 
 the Register, or be delivered to him personally by the 
 Clerk or other officer of the Court. 
 
 B. A., 8§ 3, 4, 6, 
 ■RTTT.T? V 6, and?, pp. 35 — 
 
 '^^^^ V. 40, inc, 3 10, G. 
 
 T, ., C:31,^.41. 
 
 Megisters. 
 
 The time when and the place where the Registers shall act Time ana place, 
 upon the matters arising under the several cases referred to act, controlled by 
 to them shall be fixed by special order of the District Court, courts. 
 or, by the Register acting under the authority of a general 
 order, in each case, made by the District Court ; and at such 
 times and places the Registers may perform the acts which 
 they are empowered to do by the Act, and conduct proceed- ^MontestodcLM 
 ings in relation to the following matters, when uncontested, ^"^"^ 
 viz: making adjudication of bankruptcy on petition of the 
 Debtor ; directing, unless otherwise ordered by the Court, 
 the newspapers in v^hich the Notices shall be published by 
 the Messenger; administering oaths; receiving the sur- 
 render of a Bankrupt ; granting protection thereon ; giv- 
 ing requisite direction for notices, advertisements, and 
 other ministerial proceedings; taking proofs of claims; 
 ordering payment of rates and taxes, and salary, or wages 
 of persons in the employment of the assignee ; ordering 
 amendments, or inspection, or copies, or extracts of any 
 proceedings; taking accounts of proceeds of securities 
 
106 MANUAL OP THE IJ. S. BAWKRUPT ACT, 1867. 
 
 held by any Creditor; taking evidence concerning expenses 
 and charges against the bankrupt's, estate; auditing and 
 passing accounts of assignees; proceedings for the de- 
 claration and payment of dividends, and taxing costs in 
 any of the proceedings ; all of which shall be subject to 
 the control of the Court. 
 B.A.,H>G.c. EULB VI. 
 
 14, ot seq. p. 36. 
 
 Dispatch of Business. 
 
 Every Eegister,in performing the duties required of him 
 
 under the Act and by these orders, or by orders of the 
 
 District Court, shall use all reasonable dispatch, and shall 
 
 Six hours to not adjourn the business but for good cause shown. Six 
 
 dayVBitHng.""* hours' scssion shall constitute a day's sitting if the business 
 
 requires; and when there is time to complete theproceed- 
 
 Party causing ings in progrcss within the day, the party obtaining any 
 
 further time Jt i /» i t_" l -i? 
 
 eiiargeabio with adjoumDient or postponement tnereot may be cnargecl, it 
 the Court think proper, with all the costs incurred in con- 
 . . sequence of the delay. 
 
 B. A., S 11,0.0. -DTTTir -vrTT 
 
 34 and 35, p. 43; BTJLE VII. 
 
 |88, G. c. 161, p. JEJxamination and Filing of Papers. 
 
 ~Z~~r~ It shall be the duty of the Register to examine thebank- 
 
 Begister to ex- ^ ^ 
 
 ar'to^sSfficienc? ^upt's pctitiou aud schcdules filed therewith, and to certify 
 
 of papers. whcthcr thc Same are correct in form ; or, if deficient, in 
 
 what respects they are so ; and the Court may allow amend- 
 
 amSd mfor to "^^'^^^ *° bc made in the petition and schedules upon the 
 
 discharge. . application of the petitioner, upon proper cause shown, 
 
 at any time prior to tbe discharge of the bankrupt. At 
 
 the close of, the last examination of the bankrupt, the 
 
 Register having charge of the case shall file all the papers 
 
 Matters of re- relating thereto in the office of the Clerk of the District 
 
 cord, what con- ■ ■ ^ 
 
 stitute. B. A.J Court: and these papers, together with those on file in the 
 
 38,6.0.149, p. 76. ' . . 
 
 Clerk's office, and the Entries in the minute-book, shall 
 constitute the record in each case; and the Clerk shall 
 cause the papers in each case to be bound together. 
 
 B. A. 1 4, 8.0. • RULE vin. 
 
 —^—^ — '■ ■ ■ Orders by Register. 
 
 All orders in : Whenever an order is made by a Register ' in any pro- 
 
 cases where no ./ o ./ i 
 
 adverse interests ceedinaf in wMch uoticc is required to be given to either 
 
 representeu to ^ tl o 
 
 recite what! painty bcforc the order can be made, the fact that such 
 
GENERAL ORDERS IN BANKRUPTCY. 
 
 107 
 
 notice was given, and the substance of the evidence of the 
 manner in which it was given, shall be recited in the pre- 
 amble to the order, and the fact also stated that no ad- 
 verse interest was represented at the time and place ap- 
 pointed for the hearing of the matter upon such notice ; 
 and whenever an order is made where adverse interests are , J«b a" 
 represented before the Eegister, the fact shall be stated r^s^^_^^^^-^ 
 that the opposing parties consented thereto, or that the »' p'SS °""" 
 adverse interest represented made no opposition to the 
 
 granting of such order. __J 
 
 ETJLE IX. aVp-l!"'^- 
 Notification to Assignee of his Appointment. 
 It shall be the duty of the Register, immediately TipoTi,„f,7*°''yP^^; 
 the appointment of an assignee, as prescribed in sections 
 twelve and thirteen of the Act, (should he not be present z^^.^^/j^^ 
 at such meeting,) to notify him by personal or mail service/^ 
 of his appointment; and in such notification the assignee 
 so appointed shall be required to give notice forthwith to ^attomuire. 
 the Court or Eegister of his acceptance or rejection of the 
 trust. . 
 
 EULE X. 114,'p.6l;838,a- 
 
 -TT m 1 ' 0.151, p. 77. 
 
 Testimony — How Taken. ■ — 
 
 The examination of witnesses before a Register in Bank- Maybe by 
 
 . , , . party or counsel. 
 
 ruptcy may be conducted by the party in person, or by nis 
 counsel or attorney, and the witnesses shall be subject to 
 examination and cross-examination, which shall be had in 
 conformity with the mode now adopted in courts of law. 
 The depositions upon such examination shall be taken shaii be in 
 down in writing by the Register id the form of narrative, except in special 
 unless he determines that the examination shall be by ques- 
 tion and answer in special instances, and when completed 
 shall be read over to the witness and signed by him in the 
 presence of the Register. Any question or questions which 
 may be objected to shall be noted by the Register upon 
 the deposition, but he shall not have power to- decide on 
 the competency, materiality, or relevancy of the question ; iheoonrtaiona 
 and the Court shall have power to deal with the costs of pettncy°andrS^ 
 incompetent, immaterial, or irrelevant depositions, or parts °™°°^ °^' 
 
108 MANUAL OP THE U. S. BANKRUPT ACT, 1867. 
 
 Refusal of wit- of them, as may be iust. In case of refusal of a witness 
 
 ross to attend, ' JO 
 
 ^&Z-B^k!tfit'. *° attend, or to testify before a Register, the same proceed- 
 0. 151, p. 77. jjjgg jQ^y ]jg ijad as are now authorized with respect to 
 witnesses to be produced on examination before an exami- 
 ner of any of the Courts of the United. States on written 
 interrogatories. 
 
 xSM''"-''- EULEXI. 
 
 ■ e> 
 
 Minutes Before Register — Filing, etc. 
 
 Easter ^°o' be^ ^ memorandum made of each act performed by a Reg- 
 
 SebooicMdTent i^*^'^ ^^^^^ ^® '^^ Suitable form, to be entered upon the 
 
 tocieikofoouit. minute book of the Court, and shall be forwarded to the 
 
 Clerk of the Court not later than by mail the next day after 
 
 Where any is- the act has been performed by the Register. Whenever 
 
 sue raised same ^ •/ ^ • 
 
 judge"'^thoi*t a"y issue is raised before the Register in any proceedings, 
 f^'^^f^s proceed- either of fact or law, he shall cause the same to be stated 
 in writing in the manner required by the fourth and sixth 
 sections of the Act, and certify the same forthwith to the 
 District Judge for his decision. The pendency of the issue 
 undecided before a Judge shall not necessarily suspend 
 or delay other proceedings before the Register or the Court 
 in the case. 
 
 ie?,-p^r-°-"- RULE XII. 
 
 Accounts for Services of Register and Marshal. 
 
 m^eferiMr*!^ Evcry Rcglstcr shall keep an accurate account of his 
 
 pm^esfic'!,' with travelling and incidental expenses, and those of any clerk 
 
 vouchers, when ? Qj. other oiEccr attending him in the performance of his 
 
 duties in any case or number of cases which may be referred 
 
 to him ; and shall make return of the same under oath, 
 
 with proper vouchers, when vouchers can be procured, on 
 
 the first Tuesday in each month ; and the Marshal shall 
 
 th^i"^ *° ''" ™a^® ^is return, under oath, of his actual and necessary 
 
 expenses in the service of every warrant addressed to him, 
 
 and for custody of property, publication of notices, and 
 
 other services, and other actual and necessary expenses 
 
 paid by him, with vouchers therefor whenever practicable, 
 
 and also with a statement that the amounts charged by him 
 
 are just and reasonable. 
 
B. A.8 40,G.C, 
 163, p. 79; a 11, 
 Q.C. 36, p.43. 
 
 GENERAL ORDERS IN BANKRUPICT. 109 
 
 RULE XIII. 
 Marshal as Messenger. 
 It shall be the duty of the Marshal as Messenger to take . Marshal to 
 
 »/ o take p,oBses6ion 
 
 possession of the property of the Bankrupt, and to prepare "^0?''''^,''''^^°" 
 
 within three days from the time of taking such possession, {'□'f^reo'days"™ 
 
 a complete inventory of all the property, and to return it as 
 
 soon as completed. The time for making the inventory and 
 
 return may be enlarged, under proper circumstances, by 
 
 special order of the District Court. He shall also, in case when bank- 
 
 , inn t t "■"?' cannot bs 
 
 tne bankrupt is absent or cannot be lound, prepare a sched- found, what? 
 ule of the names and residences of his creditors, and the 
 amount due from each, from the books or other papers of 
 the bankrupt that may be seized by him under his war- 
 rant, and from any other sources of information ; but all 
 statements upon which his return shall be made, shall be 
 in writing, and sworn to by the parties making them, 
 before one of the Registers in Bankruptcy of the Court, 
 or a Commissioner of the courts of the United States. 
 In cases of voluntary bankruptcy, the Marshal may appoint May appoint 
 
 • IT... . -, -, . , , special deputies 
 
 special deputies to act, as he may designate, m one or in cases of voi- 
 
 ,r p ,T f. . T uutary ban It - 
 
 more cases, as Messengers, tor the purpose of causing the mptcy.when? 
 notices to be published and served as required in the 
 Eleventh Section of the Act, and for no other purpose. In 
 giving the notices required by the third subdivision of the Notice to credi- 
 Eleventh Section of the Act, it shall be sufficient to eive contain. ' c. a g 
 
 , •.. ,,' „,-,,, 11, a. C. 36, p. 43. 
 
 the names, residences, and the amount of the debts (in fig- 
 ures) due the several creditors, so far as known, and no more. 
 
 _„__ .--...^ B. A. i 26, G. 
 
 RULE XIV. CUT, p. 62. 
 
 Amendments. 
 All petitions and the Schedules filed therewith shall be toKthoutln! 
 printed or written out plainly and without abbreviation or abtovMo", ex- 
 interlineation, except where such abbreviation and inter- reFereme.™ "^""^ 
 lineation may be for the purpose of reference, and when- 
 ever any amendments are allowed, they shall be written 
 and signed by the petitioner on a separate paper in the 
 same manner as the original schedules were siarned and Amendments 
 
 .-- T ' n 1 -1 to be separate 
 
 verified; and ii the amendments are made to different ^'i ™"*«'^' ™* 
 
110 I MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 reference mado to schedules, the amendments to each schedule shall be made 
 
 paper to be i.i n i iii i 
 
 amotided. Separately with proper reference to the schedaie proposed 
 
 to be amended, and each amendment shall be verified by 
 the oath of the petitioner in the same manner as the origi- 
 nal schedules. 
 
 41, 42, pp. 77-81, KUJjU. AV. 
 
 inc. 
 
 Priority of Action. — [^Involuntary Bankruptcy.'] 
 
 When two pe- "Whenever two or more petitions shall be filed by cred- 
 
 titiona filed, that , . t S , n • j , n 
 
 Bhaii- be first itors affainst a common debtor alles'ins; separate acts of 
 
 beard' which re- o o j. 
 
 cites earliest act baukruptcv Committed by said debtor on diflerent davs 
 
 of bankruptcy. i ./ •/ .. 
 
 within six months prior to the filing of said petitions, and 
 the debtor shall appear and show cause against an adjudi- 
 cation of bankruptcy against him on the petitions, that 
 petition shall be first heard and tried which alleges the 
 commission of the earliest act of bankruptcy ; and in case 
 When several the Several acts of bankruptcy are alleged in the different 
 simUM "^^aots petitions to have been committed on the same day, the 
 Court before which the same are pending may order them 
 to be consolidated, and proceed to a hearing as upon one 
 petition; and if an adjudication of bankruptcy be made 
 upon either petition, or for the commission of a single act 
 of bankruptcy, it shall not be necessary to proceed to a 
 hearing upon the remaining petitions unless proceedings 
 be taken by the debtor for the purpose of causing such 
 adjudication to be annulled or vacated. 
 
 B.A.,S36,G.O. 'RULE XVI. 
 
 146, p. 7i. 
 
 "' Filing Petitions in Different Districts. 
 
 Where several In casc two Or morc petitions shall be filed against the 
 against same samc individual in different districts, the first hearing shall 
 
 party, iirst hear- -.,,-,.,.-.. 
 
 ins to be bad in be had luthe district in which the debtor has his domicil; 
 
 district where ' 
 
 debtor resides, aud such petition may be amended by inserting an allega- 
 tion of an act of bankruptcy committed at an earlier date 
 than that first alleged, if such earlier act is charged in 
 either of the other petitions ; and in case of two or more 
 petitions against the same firm in different courts, each 
 When several having iurisdictiou over the case, the petition first filed 
 
 petitions against ,,,,„, , , '■ 
 
 btm in several (jUall bc tirst heard, and may be amended by the insertion 
 
GENJiEAL ORDERS IN BANKRUPTCY. Ill' 
 
 of an allegation of an earlier aet of bankruptcy than that^^XTotet' 
 
 first alleged, if such earlier act is charged' in either of the ^°'"^' 
 
 other petitions ; and in either case, the proceedings upon' 
 
 the other petitions may be stayed until an adjudication is 
 
 made upon the petition first heard; and the Court which 
 
 makes the first adjudication of bankruptcy shall retain 
 
 jurisdiction over all proceedings therein until the same 
 
 shall be closed. ' In case two or more petitions for adiudi- where several 
 
 ■*• "^ petitions filed by 
 
 cation of bankruptcy shall be filed in different districts by a-fforent mem- 
 
 i- *i *J bora of copart- 
 
 different members of the same copartnership for an adju- norswp-what! 
 dication of the bankruptcy of said copartnership, the Court 
 in which the petition is first filed having jurisdiction shall 
 take and retain jurisdiction over all proceedings in such 
 bankruptcy until the same shall be closed ; and if such 
 petitions shall be filed in the same District, action shall be 
 first had upon the one first filed. 
 
 EULE XVII. ' B. A. |u, G. 
 
 Concerning Redemption of Property and Compounding Claims. — '—^ — - 
 
 Whenever it may be deemed for the benefit of the estate Redemption 
 
 /.,,,, J 1 T 1 ■ , """^ discharge of 
 
 01 a bankrupt to redeem and discharge any mortsase or "ens on property 
 
 ,, 1 J 1 -i T ■ i. ■ 1 of bankrupt, &o. 
 
 other pledge, or deposit, or lien upon any property, real or 
 personal, or to relieve said property from any conditional 
 contract, and to tender performance of the conditions 
 thereof, or to compound any debts, or other claims or se- 
 curities due or belonging to the estate of the bankrupt, 
 the assignee, or the bankrupt, or any creditor who has 
 proved his debt, may file his petition therefor in the office Petitioner 
 of the Clerk of the District Court, and thereupon thie Court petition, to be 
 shall appoint a suitable time and place for the hearing "."ti^^ tote pub- 
 thereof, notice of which shall be given in some newspaper, ""f"" hearing, 
 to be designated by the Court, at least ten days before the' 
 hearing, so that all creditors and other persons interested 
 may appear and show cause, if any they have, why an order 
 should not be passed by the Court upon the petition, au- 
 thorizing such act on the part of the assignee. 
 
 EULE XVIII. B.A.^J36,G.C. 
 
 Proceedings in Case of Copartnerships. ''''' '° ^^'^" 
 
 In ease one or more members of a copartnership refuse when member 
 
 ... . .... .. ,, - ^, _,■*■ of refuses to join 
 
 to join in a petition to have the firm declared bankrupt, '" petition for 
 
112 MANUAL OP THE U. S. BANKRUPT ACT, 1837. 
 
 'ban^kruptoy the parties refusing shall be entitled to resist the prayer 
 of the petition in the same manner as if the petition had 
 been filed by a creditor of the partnership, and notice of 
 the filing of the petition shall be given to him in the same 
 manner as provided by law and by these rules in the case 
 Bight of poti- of a debtor petitioned against; and he shall have the right 
 
 tioning partner xr o ^ o 
 
 Pmo&'^dSoM ■ *° appear at the time fixed by the Court for the hearing of 
 the petition, and to make proof, if he can, that the co- 
 partnership is not insolvent, or has not committed an act 
 of bankruptcy, and to take all other defences which any 
 debtor proceeded against is entitled to take by the provis- 
 to^*ia'^"l'^of ^^'^^ of the Act; and in case an adjudication of bank- 
 aAiudication, etc. puptcy is made upon the petition, such copartner shall be 
 required to furnish to the Marshal, as Messenger, a sched- 
 ule of his debts and an inventory of his property in the 
 same manner as is required by the Act in cases of debt- 
 ors against whom adjudication of bankruptcy shall be 
 made. 
 
 B. A., ?2 14 to RULE XIX. 
 
 18, inc. pp. 45 to 
 
 ^^' '""■ Duties of Assignees. 
 
 First duty of, Thc assigncc shall, immediatelv on entering: upon his 
 
 to prepare in- _ t? J j or 
 
 ventory. dutics, prepare a complete inventory of all the property of 
 
 mad* 'It J^ibi'io*-^® bankrupt that comes into his possession; and all sales 
 otherw'ise'or- ^^ *^® ^^mc shall bc by public auction, unless otherwise 
 dcred. ordered by the Court. Every assignee shall keep full, 
 
 re''ii"ar*ac^oun£ ^^^ct, aud TCgular books of accouut of all receipts, pay- 
 fuuparticutoo'f^^'^ts, Rud expenditures of money by him, and shall make 
 whno""i!f office report to the Court, within twenty days after receiving the 
 S^urts^Tcditors ^lecd of assigumcnt, of the articles set off to the bankrupt 
 Sme. °''™^* *° by him, according to the provisions of the Fourteenth Sec- 
 tion of the Act, with the estimated value of each article, 
 and any creditor may take exceptions to the determina- 
 tion of the assignee within twenty Jays after the filing of 
 
 the report. 
 
 B.A?i7,a.c. RULE XX. 
 
 76, p. 51. 
 
 - — ■ Composition with Creditors — Arbitration. 
 
 All matters Whenever an assignee shall make application to the 
 ™nto'"to boTt Court for authority to submit a controversy arising in 
 '■'""'""'"'"""' the settlement of demands against the bankrupt's estate, 
 
GENERAL ORDERS IN BANKRUPTCY. 113 
 
 or of debts due to it, to the determination of arbitrators, distinctly in ap- 
 
 ' plication. 
 
 or for authority to compound and settle such controversy 
 by agreement with the other party, the subject-matter 
 of the controversy and the reasons why the assignee 
 thinks it proper and most for the interest of the creditors 
 that it should be settled by arbitration or otherwise, shall 
 be set forth clearly and distinctly in the application; and 
 the Court, upon examination of the same, may imme- 
 diately proceed to take testimony and make an order Testimony to 
 
 ., , , f T ^" taken and or- 
 
 thereoii, or may direct the assignee to give notice of the dor directing ,.s. 
 
 •^ o o signee to give 
 
 application, either by publication or by mail, or both, to^^'^^^ t° "^i^^j^ 
 the creditors who have proved their claims to appear and cauourtiou°dnot 
 show cause, on a day to be named in the order and no- ''°^™'°'^- 
 tice, why the application should not be granted, and may 
 make such order thereon as may be just and proper. 
 
 B. A. i 16, e. 
 EULE XXI. C. 64, 65, p. 49; 3 
 
 26, G. 0. 112, lis; 
 p. 60. 
 
 Mode of Selling Property. 
 
 In making sales of personal property the assignee shall Assigneoto 
 give at least ten days' notice of the time and place of the notice of sale oi 
 
 1 1 jy 1 -1 1 111 T . personal proii- 
 
 sale and ot the articles to be sold, bv advertisement in one ^^ty by publics^ 
 
 ' ^ -tlon; twenty days 
 
 or more newspapers, to be designated by the Court or by "i"- ofrcai estate. 
 
 a Register, and by posted handbills, or otherwise, as he may 
 
 think best for the interest of the estate, or as the Court 
 
 may order ; and he shall give like notice of the sale of any 
 
 real estate at least twenty days before such sale. Upon court may or- 
 
 . i/^Tp *^*^' private sale 
 
 his application to the Court, and for srood cause shown, the <>*' =■"* dispense 
 
 ^ '■ ^ ^ - with publication. 
 
 assignee may be authorized to sell any specified portion of 
 the bankrupt's estate at private sale. The Court, by order 
 in special cases, may dispense with newspaper and hand- ^"°°?'°tion' 
 bill advertisements. In making sale of the franchise of a ^""^ '" ''° °°'''- 
 corporation, it may be offered in fractional parts or in cer- 
 tain numbers of shares, corresponding to the number of Keai estate may 
 
 ■.-,•, be sold in lots, or 
 
 shares in the bankrupt corporation. And in making sale p»roeia. 
 of the real estate of a bankrupt, the assignee shall, unless 
 otherwise ordered by the Court, offer the same in lots or 
 parcels, if it exists in separate parcels, in such manner as 
 may be for the interest of the creditors of the estate. 
 
114 MANUAL OF THE V. 8. BANKRUPT ACT, 1867. 
 
 B. A. a 26, a. 
 c. 112, p. 60. EULE XXII. 
 
 Perishable Property. 
 eai^of? '" ""''"' In all eases where goods or other articles come into 
 possession of the messenger or assignee which are perish- 
 able, or liable to deterioration in value, the Court may upon 
 application, in its discretion, order the same to be sold, and 
 the proceeds deposited in Court, 
 
 , B- AJ 18, S. 0. BULE XXIII. 
 
 79, p 52. 
 
 Service of Notices. 
 Service to be The uoticc provided by the eighteenth section of the Act, 
 what to contain I shall be scrved by the Marshal or his deputy, and notices 
 clerk and made to thc Creditors of the time and place of meeting provided 
 by the section, shall be given through the mail by letter, 
 signed by the Clerk of the Court. 
 Direction to Every cnvelope containing a notice sent by the Clerk or 
 Messenger shall have printed on it a direction to the Post- 
 master at the place to which it is sent, to return the same 
 within ten days unless called for. 
 
 poBtmaster, &c. 
 
 ••B.A., g3i, G. EULE XXIV. 
 
 C. 135„p. 69. 
 
 Opposition to Discharge, 
 opposingcredi- A crcdltor opposing the application of a bankrupt for 
 appearance." " dischargc shall cntcr his appearance in opposition thereto 
 ■ on the day when the creditors are required to show cause, 
 and shall file his specification of the grounds of his oppo- 
 sition in writing, within ten days thereafter, unless the time 
 Enlargement of shall be enlarged by order of the District Court in the case, 
 ofiourtupom "^ and the Court shall thereupon make an order as to the 
 entry of said case for trial on the docket of the District 
 Court, and the time within which the same shall be heard 
 and decided. 
 
 28f-and^!j"rB EULE XXV. 
 
 thereunder, pp. > 
 
 ^°'*'™'^^- Second and Third Meetings of Creditors. 
 
 Special direc- "Whenever any bankrupt shall apply for his discharge, 
 sSi "be beui!Tf within three months from the date of his being adjudged 
 bankmptapp es ^ ^g^jji^i-upt^ Under the provisious of the twenty-ninth sec- 
 
GENBEAL ORDERS IN BANKRUPTCY. 115 
 
 tion of the Act, the Court may direct that the second and for disohMgo m 
 
 i-T . rt T n ' t t t .T,*hre6 months 
 
 third meetings ot creditors oi said bankrupt required by »fter adjuciica- 
 the twenty-seventh and twenty-eighth sections of said Act 
 shall be had on the day which may be fixed in the order of 
 notice for the creditors to appear and show cause why a 
 discharge should not be granted to such bankrupt ; and the 
 notices of such meeting shall be sufficient if it be added 
 to the notice to show cause that the second and third meet- 
 ings of said creditors shall be had before the Register 
 upon the same day that cause may be shown against the 
 discharge, or upon some previous days or day. 
 
 RULE XXVI. 29?^ 'if' fi' 
 
 , G. C. 110, p.59. 
 
 Appeals. 
 
 Appeals in equity from the District to the Circuit Court ^■■om District 
 and from the Circuit to the Supreme Court of the United S?""''- "■"' "■""" 
 
 ^ Circuit to Su- 
 
 States, shall be regulated by the rules governing appeals i"'™^''™''*"-'*- 
 in equity in the Courts of the United States. Any sup- 
 posed creditor who takes an appeal to the Circuit Court 
 from the decision of the District Court rejecting his claim, 
 in whole or in part, according to the provisions of the 
 eighth section of the Act, shall give notice of his in- eai°andwiienTo" 
 tention to enter the appeal, within ten days from the °°*°'' 
 entry of the final decision of the District Court upon his 
 claim ; and he shall file his appeal in the Clerk's Office pe™"#he?? *'"' 
 of the Circuit Court within ten days thereafter, setting S?""""""'' 
 forth a statement in writing of his claim in the manner 
 prescribed by said section ; and the assignee shall plead or 
 answer thereto in like manner within ten days after the 
 statement shall be filed. Every issue thereon shall be ., ^?^"' tiiereon, 
 
 ^f . '-'^ docket, and hear- 
 
 made up in the Court, and the cause placed upon the '°s- 
 docket thereof, and shall be heard and decided in the same 
 manner as other actions at law. 
 
 BULE XXVII. c. us^'ji^ef ■ °' 
 
 Imprisoned Debtor. ] 
 
 If at the time of preferring his petition the debtor shall May bo pro- 
 be imprisoned, the Court, upon his application, may order co"^°Ms?nordfrtl 
 him to be produced upon habeas corpus by the jailor or any 
 
116 MANUAL OF THE U. S. BANKKUPT ACT, 1867. 
 
 ceitify as to his officer in whose custody he may be, before the Register, 
 
 bankrui)tcy. „ . / . . "' ' , . ° ' 
 
 for the purpose of testifying in any matter relating to his 
 bankruptcy, and if cornmitted after the filing of his peti- 
 tion upon process in any civil action founded upon a claim 
 provable in bankruptcy, the Court may, upon like appli- 
 cation, discharge him from such imprisonment. If the 
 When arrested petitioner, dui'lug tbc pcudeucy of the proceedings iu 
 
 during pendency , , , i x n • • j 
 
 of ijaniiruptcy bankruptcy, be arrested or imprisoned upon process in any 
 what? wiien civil action, the District Court, upon his application may 
 
 discharged; when . .,.71 1 • i ■ i V i ,-. 
 
 "<"• issue a writ oi habeas corpus to bring hitti beiore the Court 
 
 to ascertain whether such process has been issued for the 
 collection of any claim provable in bankruptcy, and if so 
 provable, he shall be discharged; if not, he shall be 
 remanded to the custody in which he may lawfully be. 
 
 Before discharge Bcforc granting thc order for discharge, the Court shall 
 
 cre.litor to be 00 o ' 
 
 notiHed, 4c. causc noticc to be served upon the creditor, or his attor- 
 ney, so as to give him an opportunity of appearing and 
 being heard before the granting of the order. 
 
 B. A., I n,Q. RULE XXVIII. 
 
 C. 71, p. 50. 
 
 Deposit and Payment of Moneys. 
 Mnney be'oDg- Thc DistHct Court in each District shall designate certain 
 lTtat'e°to"''bl National Banks, if there are any in the judicial district, 
 tionai Banks or and if thcrc bc nonc, then some other safe depository, 
 
 other safe place. i-ttt .ti ■ -i. 
 
 in which all moneys received by assignees or paid mto 
 Court in the course of any proceedings in bankruptcy, 
 shall be deposited ; and every assignee and the Clerk of 
 said Court shall deposit all sums received by them sever- 
 ally, on account of any bankrupt's estate, in one desig- 
 nated depository, and every Clerk and assignee shall 
 make a report to the Court of the funds received by him, 
 and of deposits made by him, on the first Monday of every 
 Moneys depos- mouth. ISTo moncys so deposited shall be drawn from 
 
 ited, how drawn •: ■*■ 
 
 ""t- such depository, unless upon a check or warrant signed by 
 
 the Clerk of the Court or by an assignee, and counter- 
 signed by the Judge, of the Court, or one of the Registers 
 designated for that purpose, stating the date, the sum, and 
 the account for which it is drawn ; and an entry of the 
 substance of such check or warrant, with the date thereof, 
 
GENERAL ORDERS IN BANKRUPTCY, 117 
 
 the sum drawn for, and the account for which it is drawn, 
 shall be forthwith made in a book kept for that purpose by 
 the assignee or the clerk ; and all checks and drafts shall 
 be entered in the order of time in which they are drawn, 
 and shall be numbered in the case of each estate. A copy copy of ™io 
 
 ^ ■' and name of Hos;- 
 
 of this rule shall be furnished to the depository so desie- '^t" to be tm- 
 nated, and also the name of any Eegister authorized to "^^^"^ °f ^^posi- 
 countersign said checks. 
 
 EULEXXIX. cwotb-yj'**- 
 
 Prepayment or Security of Fees. 
 The fees of the Eegister, Marshal, and Clerk, shall o^^ers of the 
 
 o ' ' ' court, 
 
 be paid or secured in all cases before they shall be com- 
 pelled to perform the duties required of them by the 
 parties requiring such service; and in the case of wit- 
 nesses, their fees shall be tendered or paid at the time of w^nTnThovif 
 the service of the summons or subpcena, and shall include '"'"'■ 
 their travelling expenses to and from the place at which 
 they may be summoned to attend. The Court may order 
 the whole, or such portion of the fees and costs in each 
 case to be paid "out of the fund in Court in such case, as 
 shall seem just. 
 
 EDLE XXX. Ck^p^tJ' **■ 
 
 As to Fees and Costs. 
 To the Clerk of the Court: — For each notice required to „cierk'a ana 
 
 •^ ^ Registers fees. 
 
 be sent by mail when signed by the Clerk, ten cents ; the 
 postage to be prepaid by the party required to give such 
 notice. 
 
 To the Clerk and Begister : — For every copy of any paper 
 in proceedings in Bankruptcy, twenty-five cents for certi- 
 fying the same, and in addition thereto ten cents for each 
 folio of one hundred words. 
 
 To the Register : — For every order made where notice is 
 required to be given, and for certifying copy of the same to 
 the Clerk, one dollar. 
 
 For every certificate of question to be certified to the 
 District Judge, under the fourth and sixth sections of the 
 Act, one dollar. 
 
118 MANUAL OF THE U. S. BANKEUPT ACT, 1867. 
 
 For every proof of debt, twenty-five cents, and where 
 testimony is taken, the fees prescribed by law may be 
 added. 
 Where debtor j^ cascs whcre the debtor has no means, and makes 
 
 bns uo means. ' 
 
 proof to the satisfaction of the Court that he is unable to 
 pay the costs prescribed by the Act and these Orders, the 
 judge in his discretion may direct that the fees and costs 
 therein shall not exceed the sum required by the Act to be 
 deposited with the Clerk. 
 
 C.°5btp!8o!' '^^ RULE XXXI 
 
 Cosis in Contested Adjudications. 
 
 topaysamJ^cosV ^^ cases of luvoluutary Bankruptcy, where the Debtor 
 
 ?lJaiifg8?"'^'"'''^si^ts an adjudication, and the Court after hearing shall 
 
 u^'s^'iawe^^pp. adjudge the debtor a bankrupt, the petitioning creditor 
 
 ;i3i,i96,voi.i,et g-j^^^i j-ecovcr, to be paid out of the fund, the same costs 
 
 that are allowed by law to a party recovering in a suit in 
 
 Equity; and, in case the petition shall be dismissed, the 
 
 debtor may recover like costs from the petitioner. 
 
 31, p. 41; s 11,' s! EULE XXXII. 
 
 C. 33, p. 42; J3T, 
 
 G. c. 147, p. 75. _jis to Forms and Schedules. 
 
 Pormsinspeci- Tho sevcral forms specified in the schedules annexed to 
 
 fled sehodiiles . i /. i i i • 
 
 may be altered to thesc ordcrs tor the sevcral purposes therein stated, shall 
 
 Buit the case. t.iti . , 
 
 be observed and used with such alterations as may be 
 necessary to suit the circumstances of any particular case. 
 In all cases where, by the provisions of the Act, a special 
 order is required to be made in any proceeding, or in any 
 case instituted under the Act in a District Court of the 
 District Court United States, such order shall be framed bv the Court to 
 
 may framo '' 
 
 special orders to suit thc circumstanccs of the particular case : and the 
 
 smt particular ^ ' 
 
 case. forms hereby prescribed shall be followed as nearly as may 
 
 be, and so far as the same are applicable to the eircum- 
 s„p"eme cwt stanccs requiring such special order. In proceedings in 
 foto'Mio^ed'ia Equity instituted for the purpose of carrying into effect the 
 lo'^case" of "liw provislons of the act, or for enforcing the rights and rem- 
 Kiies"to' bl°lt edies given by it, the Rules of Equity Practice established 
 served. ^^ ^j^j^ Court shall be followed as nearly as may be. In 
 
 proceedings at Law instituted for the same purpose, the 
 
GBNEKAL ORDERS IN BANKRUPTCY. 119 
 
 rules of the Circuit Court regulating the practice and 
 procedure in cases at law, shall be followed as nearly as 
 may be.* 
 
 EDLE XXXIII, B.A.?26,o.c. 
 
 117, p. 6J. 
 
 Omissions and Amendments, 
 Whenever a debtor shall orait to state in the schedules i,e^o'rrec'tTd""'to 
 annexed to his petition, any of the facts required to be t™n!i™ ion "or 
 stated concerning his debts or his property, he shall state, BuSlcimcy" ""■'" 
 either in its appropriate place in the schedules, or in a 
 separate affidavit to be filed with the petition, the reason 
 for the omission, with such particularity as will enable 
 the Court to determine whether to admit the schedules as 
 sufficient, or to require the debtor to make further effiarts 
 to complete the same according to the requirements of the 
 law ; and in making any application for amendment to Appiic»tion to 
 
 ' o J rr amend to state 
 
 the schedules the debtor shall state under oath the sub-dM*™* e,™'""!*- 
 
 tion and be von- 
 
 stance of the matters proposed to be included in the fi«d. 
 amendment, and the reasons why the same had not been 
 incorporated in his schedules as originally filed, or as pre- 
 viously amended. In like manner, he may correct any 
 statement made during the course of his examination. 
 
 * See Appendix, for Rulea in Equity adopted by the Supreme Court United States, and also note as to Gii-cuit 
 Court Bules regulating tlie Practice and Procedure in Cuses at Law. — JEd, 
 
BANKRUPTCY COURT FORMS 
 
 UHDEE THE 
 
 UNITED STATES BANKRUPT ACT 
 
 OF 
 
 MARCH 2, 1867, 
 
 PETITIONS. 
 
 PETITIO'N BY DEBTOR. 
 
 To the Honorable -, Judge of the District Court of the 
 
 United States, for the District of : — 
 
 The Petition of , of the of , in the 
 
 county of , and State of — ■ , and District afore- 
 said, Respectfully Represents : — That he has 
 
 for months next immediately preceding the filing of this 
 
 petition, at , within said Judicial District ; that he owes 
 
 debts exceeding the amount of three hundred dollars, and is 
 unable to pay all of the same in full ; that he is willing to 
 surrender all his estate and efi'ects for the benefit of his 
 Creditors, and desires to obtain the benefit of the Act entitled 
 "An Act to Establish a Uniform System of Bankruptcy 
 throughout the United States," approved March 2, 1867 : — 
 
 That the Schedule hereto annexed, Marked A, and verified 
 by Your Petitioner's oath, contains a full and true statement 
 of all his debts, and (so far as it is possible to ascertain) the 
 names and places of residence of his creditors, and such further 
 statements concerning said debts as are required by the pro- 
 visions of said Act : — 
 
 That the Schedule hereto annexed, Marked B,, and verified 
 by Your Petitioner's oath, contains an accurate inventory of all 
 his estate, both real and personal, assignable under the pro- 
 visions of said Act: — 
 
 121 
 
122 MANUAL OF THE IT. S. BANKRUPT ACT, 1867. 
 
 "Wherefore, your Petitioner prays, that he may be ad- 
 judged by the Court to be a Bankrupt, within the purview of 
 said Act ; and that he may be Decreed to have a Certificate of 
 Discharge from all his Debts provable under the same. 
 
 Solicitor, [or Attorney,'] ^c. 
 
 Oath to foregoing Petition. 
 
 United States op America, 1 
 
 . ^ Vss: 
 District of , j 
 
 I, , the Petitioning Debtor mentioned and described 
 
 in the foregoing Petition, do hereby make solemn oath [or, 
 aflBrmation] that the statements contained therein are true 
 according to the best of my knowledge, information, and belief; 
 and I do further make oath [or, affirmation] that I am a citizen 
 of the United States of America, and that I will bear true 
 faith and allegiance to the same. 
 
 Petitioner. 
 
 Subscribed and sworn [or, affirmed] to before me this 
 day of , A. D. 18—. 
 
 U. S. District Judge, Register in Bankruptcy, 
 
 or, U. S. Commissioner. 
 
 N. B. — ^If Petitioner is not a citizen, the last clause of tliis oath should be omitted. 
 
BANKRUPTOy COURT FORMS. 
 
 123 
 
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l--t MANUAL OF THE U. S. BANKRUPT ACT, ISGT. 
 
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BANKRUPTCY COURT FOftMS. 
 
 125 
 
 
 Nature and Consideration of the Debt, and whether any 
 Judgment, Bond, Bill of Exchange, Promissory Note, 
 Ac, and whether contracted as, coi>artner or juint-con- 
 tractor, with any other Pei-son ; and, if so, with whom. 
 
 
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126 
 
 MANUAL OF THE U. S. BANKBUPT ACT, 1867. 
 
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BANKRUPTCY COUHT FOEMS. 
 
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 MANUAL OF THE V. S. BANKRUPT ACT, 1867. 
 
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BANKRUPTCY COUET FORMS. 
 
 129 
 
 PETITION BY DEBTOR. 
 
 SCHEDULE B.— 2. 
 
 Peesonal Pbopekty. 
 
 Dollars. Cta. 
 
 a. — Cash on hand.. 
 
 6. — Bills of Exchange, Promissory Notes, or Securities of any 
 description, (each to be set out separately.) 
 
 c. — Stock in Trade, in my business of ■ 
 value of. 
 
 , at- 
 
 of the 
 
 d. — Household Goods and Furniture, Household Stores, Wearing 
 Apparel, and Ornaments of the Person 
 
 e. — Books, Prints, and Pictures 
 
 /. — Horses, Cows, Sheep, and other Animals 
 
 g. — Carriages, and other Vehicles 
 
 A.— Farming Stock, and Implements of Husbandry., 
 i. — Shipping, and Shares in Vessels 
 
 i— Maohinfery, Fixtures, and Apparatus used in Business, 
 with the place where each is Situated 
 
 i- — Goods or Personal Property of any other Description, with 
 the place where Each is Situated 
 
 , Peliiioner. 
 
130 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 PETITION BY DEBTOR. 
 
 SCHEDULE B.— 3. 
 
 CHOSES IN ACTION. 
 
 Dolls, eta 
 
 a. — Debts due Petitioner on open Account.. 
 
 b. — Stocks in Incorporated Companies, and Interest in Joint 
 Stock Companies 
 
 c. — Policies of Insurance. 
 
 d. — Unliquidated Claims of every nature, with their Estimated 
 Value , 
 
 .., Fetiltoner. 
 
BANKRUPTCY COURT FORMS. 
 
 131 
 
 PETITION BY DEBTOR. 
 
 SCHEDULE B.— 4. 
 
 Property in Reversion, Remainder, or Expectancy, including Property held in 
 Trust for the Petitioner, or subject to any Power or Bight to Dispose of, or to 
 Charge. 
 
 [N. D.— A Particular Description of Each Interest must be Enterccl. If all or any of the debtor's 
 Property has been Convoyed by Deed of Assignment, or otherwise, for the benefit of Creditort", the 
 daft' of sticU Deed should be stated, the Name and Address uf the Peri^on to M*hom the Property was 
 Conveyed, the amount realized from the Proceeds thereof, and the Disposal of the Same, as fur as 
 known, to the Petitioner.] 
 
 General Interest. 
 
 Interest in Land.. 
 
 Personal Property,. 
 
 Property in Money, Stock, 
 Shares, Bonds, Annuities, 
 etc., etc. 
 
 Kfghteand Powers- 
 
 property heretofore conveyed 
 for benefit of Creditors. 
 
 What portion of Debtor's 
 Property has been Coif- 
 veyed by Deed of Assign- 
 ment, or othcrwiso, for Ben- 
 efit of Creditors; Date of 
 such Deed, Name and Ad- 
 dress of Party to whom 
 < onveyed; Aui'tiint real- 
 ized tlierefroni and Dispo- 
 sal of same, so far as known 
 to Petitioner. 
 
 Particular Description, 
 
 Real Estate and Leasehold Property, with Locality, 
 Names, and Descriptions of Parties n^w Enjoy- 
 ing the Same, and the vahie thereof; also the 
 Nature of my Interest therein, and from Whom, 
 and in what Manner it is derived 
 
 Personal Property, with L/cality, Names, and De- 
 scriptions of Persona now Knjoying the Same: 
 also the Nature of my Interest therein, and 
 from Whom, and in what Manner it is derived. 
 
 Annuities, Money in Public or other Funds, 
 Shares in Railroad and other Companies, show- 
 ing in whose names the same are standing, with 
 Names and Descriptions of persons now Enjoy- 
 ing the Same; also the Nature' of my Interest 
 therein, and from Whom, and in what Manner 
 it is derived 
 
 Supposed value 
 of my interest. 
 
 Rights and Powers, wherein I, or any other Per- 
 son or Persons in Trust for me or for my benefit, 
 have any power to Dispose of, Charge, or Ex- 
 ercise 
 
 Description of property of Debtor heretofore con- 
 veyed for benefit of Creditor by deed of assign- 
 ment, or otherwise; date of such deed or instru- 
 ment of conveyance, with name and address of 
 party to whom made; amount realized frnm 
 same, and the disposal of such property, so far 
 as known to Petitioner 
 
 Dolls. 
 
 CtB. 
 
 Am'nt realized 
 &om proceeds 
 of property 
 conveyed. 
 
 Dolls. eta, 
 
 .,, Petitioner. 
 
132 MANUAL OP THE U. S. BANKRUPT ACT, 1867. 
 
 PETITION BY DEBTOR. 
 
 SCHEDULE B— 5. 
 
 A Particular Statement of the Property Olaimed as Excepted from the Operation 
 of said Act, hy^ theprovisions of the l^th Section thereof, giving Each Item of 
 Property and its Valuation ; and, if any portioso, of it is Real Estate^ its Loca- 
 tion^ Description^ and Present Use. 
 
 [N. B.— The property claimed to be Exempt under the Laws of any State is to be described 
 separately from the reat, and reference given to the Statute of said State creating the Exception.] 
 
 Property claimed to be Excepted 
 from the operations of said act, 
 and which may be set apart by 
 the assignee under the 14th 
 section ».,......, 
 
 Property claimed to be Exempt 
 by State laws ; iis Valuation ; 
 whether Real or Personal Es- 
 tate; its Description and Pres- 
 ent tTse; and under what State 
 Law Exemption is claimed 
 
 Valuation. 
 
 Dolls. Cts. 
 
 PetitioneT, 
 
BANKRUPTCY COURT FORMS. 
 
 133 
 
 PETITION BY DEBTOR. 
 
 SCHEDULE B.— 6. 
 
 The following is a True List of all Books, Papers, Deeds, and Writings relating to my Trade, 
 Business, Dealings, Estate, and Effeccs, or any Part thereof, which, at the date of this Petition, are 
 in my Possession or under my Custody and Control, or which are in the Possession or Custody of 
 any Person in Trust for me, or for my Use, Benefit or Advantage; and also of All others whioh 
 have been heretofore, at any time in my Possession, or under my Custody or Control, and which 
 are now held by the Parties whoso names are hereinf^ter set forth, with the reason for their cus- 
 tody of the same : — 
 
 DE£SS„ 
 
 Pa?eb8, 1X0..... 
 
 ., Petitioner. 
 
 OATH TO SCHEDULE B. 
 
 United States op Ambeica, 
 
 District of , ss . 
 
 On this day of , A. D. 18 j before me personally came - 
 
 the person mentioned in and who subscribed to the foregoing Petition and 
 Schedule Marked B, respectively, and who being by me first duly sworn [or, 
 affirmed] did declare the said Schedule to be a statement of all his estate, both 
 real and personal, in accordance with the Act of Congress entitled "An Act to 
 Establish a Uniform System of Bankruptcy throughout the United States," 
 approved March 2, 1867. 
 
 District Judge, Register, or, U. S. Commissioner. 
 
134 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 FOEM No. 2.— Sec. 36, G. C. 146, p. 74. 
 
 COPAETNERSHIP PETITION. 
 
 [In case of a Copartnership, the form will be as follows ;] 
 
 To the Honorable , Judge of the District Court of the United States 
 
 for the District of : 
 
 The Petitioh of , of , in the County of , and State of , 
 
 and [Sere give names and residences, town, County and State, of each partner, 
 petitioning respectively,] and District aforesaid, respectfully represents : That 
 
 the said , and , copartners, transacting business at , in the 
 
 county of , and State of , in said district, have for the months, 
 
 [Or, 
 
 That the said and , members of a copartnership composed of 
 
 themselves, and one , of , in the county of , and State of , 
 
 have for the months next immediately preceding the filing of this 
 
 Petition , at , within said judicial district ; that the members of said 
 
 copartnership owe debts exceeding the amount of three hundred dollars, and are 
 
 unable to pay all their debts in full ; that they are willing to surrender all 
 
 their estate and effects for the benefit of their creditors, and desire to obtain 
 the benefit of the act entitled "An act to Establish a Uniform System of Bank- 
 ruptcy throughout the United States," approved March 2, 1867. 
 
 That the schedule hereto annexed, marked A, and verified by their oaths, 
 contains a Full and True Statement of all the debts of said Copartnership, and, 
 (as far as it is possible to ascertain,) the Names and Places of Residence of their 
 Creditors, and such further statements concerning such debts required by the 
 provisions of said Act. 
 
 That the Schedule hereto annexed. Marked B, verified by their oaths, con- 
 tains an accurate Inventory of all the property of said Copartnership as 
 required by the provisions of said Act. 
 
 And said further states, that the Schedule hereto annexed. Marked C, 
 
 verified by his oath, contains a Full and True Statement of all his Individual 
 debts ; and, (as far as it is possible to ascertain,) the Names and Places of Resi- 
 dence of his Creditors: and the further Statements concerning such debts 
 required by the provisions of said Act ; and that the Schedule hereto annexed, 
 Marked D, verified by his oath, contains an accurate Inventory of all his Indi- 
 vidual Estate as required by the provisions of said Act. 
 
 And said further states, that the Schedule hereto annexed. Marked E, 
 
 verified by his oath, contains a Full and True Statement of all his Individual 
 debts, and, (as far as it is possible to ascertain,) the Names and Places of Resi- 
 dence of his Creditors, and the further Statements concerning such debts 
 required by the provisions of said Act : and that the Schedule hereto annexed, 
 Marked F, verified by his oath, contains an accurate Inventory of all his Indi- 
 vidual Estate as required by the provisions of said Act. 
 
 [N. B.— Similar clauses to be added forlndlTidnal Schedules of each Copartner joining in the 
 Petition.] 
 
 Wheeefoee, tour Petitionees peat, that they may be adjudged to be Bank- 
 rupts within the purview of said Act; and that they may be severally decreed 
 
BANKRUPTCY COURT FORMS. 135 
 
 to have a CEETTFiciiE op DisoHAEas peom all theib Debts pi-ovable undei 
 the same. 
 
 # Petitioners. 
 
 [N. B< — The I'orm of the Oath to the Petition la to be modified by employing the plural for the 
 Bingular number, and by the addition of clauses to cover the Schedules of each Copartner.] 
 
 FORM No. 3.— Sec. 87, G. C. 147, p. 75. 
 
 COEPORATION PETITION. 
 
 [If a Petition in Bankruptcy is filed by a Corporation, an authenticated copy of a Tote or 
 other Action of the Stockholders, (w, party or parties entitled to act in behalf of such Corpora- 
 tion,) authorizing such proceedings should be filed vrith the Petition, and which, in substance, 
 should be aa follows:] 
 
 Statement to accompany Petition of Corporation, (In Banhruptcy.) 
 At a Mbetihg op the Stookholdees, [or, of the Board of Directors, or Trus- 
 tees, as the Oase may be,] of the Company, [or, Association, or. Bank, or. 
 
 Society,] a Corporation created by , of the State of , held at , in 
 
 the county of , and State of , on this day of , A. D. 18 — , the 
 
 Condition of the Affairs of said Corporation having been inquired into, and it 
 being ascertained to the Satisfaction of said meeting that the said Corporation 
 was Insolvent, and that its Affairs ought to be wound up, it was Voted [or. Re- 
 solved] by a Majority of the Corporators [or. Stockholders, or. Directors, or, 
 Trustees] present at such Meeting, (which was duly called and notified for the 
 
 purpose of taking action upon the subject aforesaid ;) that be, and 
 
 hereby Authorized, Empowered, and Required to file a Petition in the 
 
 District Court of the United States for the District of , within which 
 
 said Corporation has carried on its business, for the purpose of having the same 
 adjudged Bankrupt ; and that such proceedings be had thereon as are provided 
 by the Act of Congress entitled "An act to Establish a Uniform System of 
 Bankruptcy throughout the United States," approved March 2, 1867. 
 
 In witness wkeeeof I have hereunto subscribed my name as President [or, 
 ( Seal 1 other officer or agent] of said Corporation, and affixed the 
 tof Corporation.; ggg^j ^f ^^g 8ame,this day of , A. D. 18—. 
 
 President [or, other officer] of said Corporation. 
 [N. B. — In case of a Corporation, the following changes are to be made in the form of Petition 
 already prescribed, viz : The substitution of the name of the Corporation for that of the Individual 
 Petitioner, and the omission of the Prayer for a Discharge and the following passage substituted : 
 "And that Ukeproceedivgs may be Iiad in tlte premises as in said Act are provided in reelect to natu^ 
 rtUpersons." The language of the Oath to the Corporation Petition may be changed to correspond 
 with the form of the Petition.] 
 
 FOEM No. 4.— Sec. 39, G. C. 152, p. 78. 
 
 CREDITOR'S PETITION, 
 
 To the Honorable , Judge of the District Court of the United States, for 
 
 the District of . 
 
 The Petition of , of the of , in the oopnty of , and 
 
136 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 tiif.ie of , Respectfully shows; That he is a, Creditor of , who for a 
 
 period of months next preceding the date of the filing of this Petition, has 
 
 resided at , in the county of , and State of , and District afore- 
 said ; That your Petitioner's demand is provable against the said pin ac- 
 cordance with the provisions of the Act of Congress entitled "An Act to Estab- 
 lish a Uniform System of Bankruptcy throughout the United States," approved 
 March 2, 1867 ; That he believes that said owes debts to an amount ex- 
 ceeding the sum of Three Hundred Dollars ; That Your Petitioner's demand 
 exceeds the amount of Two Hundred and Fifty Dollars ; and that the nature of 
 
 Your Petitioner's demand against the said is as follows : 
 
 A certain promissory note signed by said , payable to the order of Tour Petitioner, [or, 
 
 naming the party to whose order the note is made payable,] of which the following is a Copy, to 
 wit : [or, set forth evidence of indebtedness in any other foim to a liquidated amonnt, exceeding 
 Two Hundred and Fifty Dollars, to meet the case.] 
 
 And Your Petitioner further represents, that within the Six calendar Months 
 
 next preceding the date of this Petition, the said did commit an act of 
 
 Bankruptcy within the meaning of said Act, to wit : In that he, the said , 
 
 did heretofore, to wit : on the day of , A. D. 18 — , depart out of, and 
 
 from the State of , of which he is an inhabitant as aforesaid, with intent 
 
 to defraud his creditors, [or, being absent during said period, he has, with in- 
 tent to defraud his creditors, remained absent from said State ; — 
 [Or, 
 
 That the said , within the period aforesaid, to wit: On the day 
 
 of A. D. 18 — . within said District, did conceal himself, to avoid the ser- 
 vice of Legal Process in an action for the recovery of a debt or demand, prov- 
 able under said Act, to wit : To avoid the service of Legal Process in a suit 
 
 brought by , in the Court of the State of , in which 
 
 such process had been issued, to be served upon the said , by , 
 
 Marshal for said District, [or. Sheriff, Constable, or other officer, or party, as 
 
 the case may be,] at which time the said did conceal himself, and 
 
 remain secreted, to avoid the service of said Process, so that the said officer, or 
 party having the same to serve upon said Debtor, was unable to find him, in 
 order to make proper service of the same : — 
 [Or, 
 
 That the said , within the period aforesaid, to wit: At , in said 
 
 District, on the day of , A. D. 18 — , being possessed of certain Prop- 
 erty, to wit: [Sere describe the Property,] and he, being aware that Legal 
 Process had been issued, [or, was about to be issued,] to be levied thereon at 
 the Suit of some one or more of his Creditors, did conceal [or, remove; or, 
 destroy the identity of] said Property to avoid its being Attached, Taken, or 
 Sequestered on such Process : — 
 [Or, 
 
 That the said , within the period aforesaid, to wit : At , in said 
 
 District, on the day of , A. D. 18—, being possessed of certain Estate, 
 
 Property, Eights, or Credits, to-wit : [Sere describe the Property, and where 
 situated,] did make an Assignment [or. Gift, Sale, Conveyance, or Transfer, as 
 the case may be,] of the same [or, of any part thereof — mentioning the part,] 
 
 to , of , in the County of , and State of , with intent to 
 
 delay; or, hinder; or, defraud] the Creditors of him, the said ; 
 
BANKRUPTCY COUET FORMS. 137 
 
 [Or, 
 
 That the said , within the period aforesaid, and within said District, 
 
 to wit: At , has heen arrested and held in custody under and by virtue of 
 
 mesne process, [or, Execution; or, as the case may be,] issued out of the 
 
 Court of the United States for the District of , [or, of any Court of 
 
 any State, District, or Territory,] within which such debtor resides, or has 
 property, founded upon a demand in its nature provable against the Bank- 
 rupt's Estate under said Act, and for a sum exceeding One Hundred Dollars ; 
 and that such Process is remaining in force, and not discharged by payment, 
 or in any other manner provided by the Laws of such State applicable thereto, 
 for a period of Seven days : — 
 [Or, 
 
 That the said , within the period aforesaid, and within said District, 
 
 to wit : On the day of , A. D. 18 — , being Bankrupt, [or, insolvent; 
 
 or, in Contemplation of Bankruptcy, or Insolvency,] did make to , of 
 
 , in the County of , and State of , a payment [or. Gift, Grant, Sale, 
 
 Conveyance, or Transfer] of rnoney [or, of any other Property, Estate, Eights, 
 
 or Credits,] [or, did give to , of , in the County of , and State of 
 
 , a Warrant to Confess Judgment; or did procure, or Suffer his Property to 
 
 be taken on Iiegal Process,] in favor of , of , in the County of , 
 
 and_ State of ; the said judgment to be confessed, issuing out of the 
 
 Court of ; with the intent to give a preference to , of , in the 
 
 County of , and State of ; [or, to one or more of his creditors ; or, with 
 
 the intent, thereby, to give preference to , of , in the County of . 
 
 and State of ] being a person, [or, persons,] who liable for him as En- 
 dorser, Bail, Surety, or otherwise, [describing the particular relation,] or, with 
 the intent, by such disposition of his Property, to Defeat, or Delay the opera- 
 tion of said Act: — 
 [Or, 
 
 That the said , within the period aforesaid, and within said District, 
 
 to wit: On the day of , A. D. 18 — , being a Banker, [or, Merchant; 
 
 or. Trader; or, as the case maybe,] has fraudulently stopped; [or.suspended (and 
 has not resumed] payment of his Commercial Paper within a period of fourteen 
 days. 
 
 [Whichever of the acts is relied upon as the act of Bankruptcy of Debtor, the same must be 
 particularly described.] 
 
 Wheeefoee, Toua Pbtitioneb peats, that he, the said , may be de- 
 clared a Bankrupt, and that a Warrant may be issued to take possession of hia 
 Estate ; that the same may be distributed according to law ; and that such far- 
 ther proceedings may be had thereon as the law in such case prescribes. 
 
 Solicitor or Attorney. Petitioner, 
 
 oath to poeegoiha petition. 
 
 United States op Ameeioa, 
 
 District of , ss : 
 
 I, , the Petitioner above named, do hereby make solemn oath 
 
 [or, affirmation] that the statements contained in the foregoing Petition sub- 
 
138 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 scribed by me are true, bo far as the same are stated of my own knowledge, and 
 that those matters which are stated therein on information and belief, are true 
 according to the best of my knowledge, information, and belief. 
 
 Petitioner. 
 
 Subscribed and sworn [or, affirmed] to before me, this day of , A. D. 
 
 18- 
 
 District Judge, Register in Bankruptcy, or, TJ. 8. Commissioner. 
 
 [N. B.— In case the parties proceeded against are a Copartnership, or a Corporation, the aboTO 
 forms may be varied accordingly.] 
 
 FORM No. 5.— Sec. 25, G. C. 112, p. 60. 
 
 PETITION FOR THE SALE OF PEBISHABLE PEOPEETY. 
 In the District Court of the United States, for the District of . 
 
 I n the M atter of Iih Bakkbuptcy. 
 , Bankrupt . J 
 
 To the Honorable , Judge of the District Court of the United States, 
 
 for the District of : 
 
 The Petition of , of ■, in the County of , and State of 
 
 [i/f more than one Assignee, so state, giving place of residence,] respectfully 
 
 shows: That your petitioner , on the day of , A. D. 18 — , by order 
 
 of this Honorable Court, in Bankruptey , w appointed Assignee of the' estate 
 
 of , — Bankrupt , pursuant to the 13th Section of the Act of Congress 
 
 entitled "An Act to Establish a Uniform System of Bankruptcy throughout 
 the United States," approved March 2, 1867. That among the estate of said 
 Bankrupt , which has come into your petitioner possession : — 
 [Or, 
 
 The petition of , of , in the County of , and State of , 
 
 the Bankrupt aforesaid, respectfully shows ; That among h estate, which, by 
 
 reason of being adjudged Bankrupt , has passed into the possession of 
 
 , Assignee , appointed by this Honorable Court: — 
 
 [Or, 
 
 The petition of , Marshal of the District Court of the United States 
 
 for the District aforesaid ; — 
 [Or, 
 
 The petition of , of , in the County of , and State of , a 
 
 creditor of the said- Bankrupt , respectfully shows : That among the estate of 
 the said Bankrupt , which has been taken by, and has become vested in 
 
 , the Assignee, [or. Assignees,] appointed herein, there are certain goods, 
 
 wares, and merchandise, to-wit [Here particularly describe the property und 
 
 its condition] : — I 
 
 [Or, 
 
 That the estate of said bankrupt, [or a portion thereof,] [Sere particularly 
 describe the same, and its condition,] and now in the possession of the Marshal 
 
BANKRUPTCY COITKT FORMS. 139 
 
 of said District, by virtue of a certain process issued from the District Court 
 
 for the said District of , [or, now in the possession of the Assignee, 
 
 &c.] :— 
 
 And your petitioner further shows that the said estate [or, such portion of 
 said estate] ia of a perishable nature, [or liable to deteriorate in value ; or to 
 become a total loss.] 
 
 YouB Petitionee theeefoke peats Your Honor to order the same to be 
 sold, [Here state whether at private sale, or at auction, or how,] and the pro- 
 ceeds thereof to be paid into [Here name the National Bank or other Deposi- 
 tory designated by the Court, in accordance with the General Order, Bute 22,] 
 for the benefit of the creditors of the estate of said Bankrupt , according to law. 
 
 Assignee, [or. Creditor, or, Marshal, or, Bankrupt.] 
 
 Solicitor [or, Attorney] for ■ 
 
 United States -or America, 
 
 District of , ss; 
 
 On the day of , A. D. 18 — , personally appeared before me, the above 
 
 named , petitioner, and subscribed, and made oath [or, affirmation] to 
 
 the truth of the foregoing petition. 
 
 Register, [or, U. S. Commissioner. ] 
 
 FORM ]S"o. 6.— Sec. 18, G. C. 77, p. 51. 
 
 PETITION FOR EEMOVAL OF ASSIGNEE. 
 
 Xn the District Court of the United States, for the District of - 
 
 In the Matter of 
 
 "Blntupt. }i»Bank:.,iptct. 
 
 District of , ss : 
 
 To the Honorable , Judge [or, Mr. , Eegister in Bankruptcy,] of 
 
 said District : 
 
 A. B., of , one of the parties interested in the settlement of said Bank- 
 rupt's estate, petitioning, respectfully represents, that : — , heretofore ap- 
 pointed Assignee of said Bankrupt's estate, [Mere set forth the particular cause 
 or causes for which such removal is requested.] 
 
 Wherefore pray , that notice may be served upon said , Assignee 
 
 as aforesaid, to show cause, at such time as may be fixed by the Court, why an 
 order should not be made removing him from said trust. 
 
 Petitioner. 
 
 Subscribed and sworn [or, affirmed] to, this day of , A. D. 18 — , at 
 
 — , in said JJiatrict, before me, [or, as in oath to Form 5. ] 
 
 District Jiidge,Jiegister in Bankruptcy, or U. S. Com'r. 
 
140 MANUAL OF THE V. S. BAJSTKRUPT ACT, 1867. 
 
 FORM No. 7.— Sec. 14. G. 0. SS^p. 48. 
 
 PETITION OF ASSIGNEE FOR POWER TO RELIEVE PEOPEETY 
 
 FROM LIEN. 
 
 In the District Conrt of the United States, for the District of . 
 
 I n the M ^er of 1 In Bahkeupict. 
 , Bankrupt . j 
 
 To the Honorable , Judge of the District Court of the United States, 
 
 for the District of : — 
 
 [Or, 
 
 To , Esquire, Register in Bankruptcy of the District Court of the United 
 
 States, for the District of : 
 
 I, [or, we,] of [Sere insert names of assignees, if more than one, and their 
 resjaective places of residence,] Assignee of the estate of said Bankrupt , respect- 
 fully represent that a certain portion of said Bankrupt's estate, to wit : [Sere 
 describe the estate, or property, and its estimated value, and wliether siihject to a 
 mortgage, or to a conditional contract, or to a lien, or whether the property is 
 personal property, or has been pledged or deposited, and is snibject to a lien, de- 
 scribing the lien and its nature particularly^ and that, according to the best 
 judgment of your petitioner, it would be for the interest of the Creditors of 
 said estate that said property should be redeemed and discharged from the lien 
 thereon. 
 
 Whebepokb your petitioner pray ,that may be empowered to pay, out 
 
 of the assets of said estate in hands, the sum of % , that being the 
 
 amount of said lien, in order to redeem said property therefrom. 
 
 Dated this day of , A. D. 18—. 
 
 Assignee, 
 oath to poeesoing pettnon 
 
 United States op Ameeioa, 
 
 District of , ss: 
 
 I, [or, we,] , the petitioner above named, do hereby make 
 
 solemn oath that the statements contained in the foregoing petition, subscribed 
 
 by , are true, so far as the same are stated of own knowledge, and 
 
 that these matters, which are stated therein as in information and belief, are 
 true according to best information and belief. 
 
 Petitioner . 
 
 Subscribed and sworn [or, affirmed] to, before merlhis day of , A. D. 
 
 18—. 
 
 District Judge, Hegister in Bankruptcy, or, U. 8. Commissioner. 
 
 N. B. — ^If the prayer is for a Bale of the property, strike out aU after the words, "judffnKnt (^ 
 your petitioner," and insert "z£ wmtld be for the interest of the Creditors of said estate that said 
 property should he sold subject to said mortgage, lien, or otlter incumbrance. Wher^oj-e he prays 
 that he may be authorized to make sale of said property, subject to the inciiynbrana thereon in the 
 manner prescribed by the general order for the sale of property not encumbered." 
 
BANKRUPTCY COURT FORMS. 141 
 
 FORM No. 8.— Sec. 29, G. 0. 131, p. 67. 
 
 PETITION OP BANKRUPT FOB HIS DISCHARGE. 
 In the District Court of the United States, for the District of . 
 
 District of , ss ; 
 
 To the Hon. , Judge of the District Court of the United States, for the 
 
 District of : 
 
 A. B., of , in the County of , and State of , in said District, 
 
 respectfully represents, that, on the day of , last past, he was duly 
 
 declared a Bankrupt under the Act of Congress entitled "An Act to Establish 
 a Uniform System of Bankruptcy throughout the United States,'' approved 
 March 2, 1867 ; that he has duly surrendered all his property and rights of 
 property, and fully complied with and obeyed all the orders and directions of 
 the Court touching his Bankruptcy, and is ready to submit himself to any 
 other and further examinations, orders, and directions which the Court may 
 require. 
 
 [If this Petition is filed within leBS than six months after the filing of the original Petition, it 
 should state that no debts have been proved against the Banlirupt; (yr^ that no assets have come 
 into the hands of the Aaaignee.] 
 
 Wheeefoeb hs Peats that he may be decreed by the Court to have a full 
 discharge from all his debts provable under said Bankrupt Act, and a certifi- 
 cate thereof granted according to the Act of Congress aforesaid. 
 
 Dated this day of , A. D. 18—. 
 
 Petitioner. 
 oath op petitionee. 
 Uhixed States op Ameeioa, 
 
 District of , ss: 
 
 I, , the Petitioner above named, do hereby make solemn oath 
 
 \or, affirmation] that the statements contained in the foregoing Petition sub- 
 scribed by me are true, so far as the same are stated of my own knowledge, and 
 that those matters which are stated therein on information and belief, are trua 
 according to the best of my knowledge, information and belief. 
 
 Petitvmeir. 
 
 Subscribed and sworn [or, affirmed] to, before me, this day of , A. D. 
 
 18-. 
 
 District Judge, Register in Bankruptcy, or, U. S. Commissioner. 
 
 OEDEB OP OOUET THEEEON. 
 
 District of , ss .- 
 
 On this day of , A. D. 18 — , on reading the foregoing Petition, it is 
 
 Ordered by the Court, That a hearing be had upon the same, on the day 
 
 of , A. D. 18 — , before said Court at , in said District, at o'clock 
 
 .— M.; and that notice thereof be published in, [Sere give names of newspapen 
 
142 MANUAL OF THE U. S. BANKRtTPT ACT, 1867. 
 
 in District designated, and where printed, and how often notice to he piiblished,] 
 and that all Creditors who have proved their debts, and other persons in in- 
 terest, may appear at said time and place, and show cause, if any they have, 
 why the prayer of the said Petition should not be granted, [Sere insert no- 
 tice of second and third meeting of Creditors, if petition is filed within three 
 months from date of adjudication of Bankruptcy.^ 
 
 And it is further Ordered by the Court, That all Creditors whose places 
 of residence are known shall be entitled to a service of notice of the said 
 Petition and Order, either personally or by letter addressed to them at their 
 known usual place of residence, attested by the Clerk of the Court, and sent 
 by mail, or served at their usual place of abode by the Marshal or his Deputy, 
 whereof due proof shall be given. 
 
 f Seal of 1 Witness the Honorable , Judge of the said Court, and the 
 
 <■ Court. J ggg^j thereof, at , in said District, on the day of , 
 
 A. D. 18—. 
 
 Oterlc of District Court for said District. 
 
 ORDERS, 
 
 FORM No. 9.— Sec. 40, G. C. 153, p. 79. 
 
 ORDER TO SHOW CAUSE, UPON CREDITOR'S PETITIOK. 
 
 (J/nvoluntary Bankruptcy.) 
 
 In the District Court of the United States, for the District of . 
 
 In the Matter of , "J 
 
 Against whom a Petition for Adiudica- I t„ -d . 
 tion of Bankruptcy was Filed on the \ ^" Bankeuptot. 
 day of , A. D. 18—. J 
 
 ^-^ District of , ss : 
 
 Upon Filing proofs sustaining the allegations of the Petition aforesaid, it is — 
 Ordered, That the said , do appear at this Court, as a Court of Bank- 
 ruptcy, to be holden at , in the County of , and State of , and 
 
 'District aforesaid, on the day of , at o'clock — . M., and show 
 
 Cause, if any there be, why the Prayer of said Petition should not be granted; 
 and — 
 
 It is further Ordered, That a copy of said Petition, together with a copy of 
 this order, be served on said , by delivering the same to him personally, 
 
BANKRUPTCY COURT FORMS. 143 
 
 or by leaving the same at his laat usual place of abode, in said district, at least 
 five days previous to the day herein required for his appearance. 
 
 f Seal of 1 Witness the Honorable , Judge of the said Court, and tha 
 
 1 tbe Court. J ^^^ thereof, at , in said District, on the day of , 
 
 A. D. 18—. 
 
 Olerk of District Court for said District. 
 
 FORM N"o. 10.— Sec. 26, G. C. 114, p. 61. 
 
 ORDER FOR BANKRUPT'S EXAMINATION. 
 In the District Court of the United States, for the District of . 
 
 In the Matter of ) j^ banzeuptcy. 
 , Bankrupt. J 
 
 District of , se : 
 
 On the application of , Assignee of said Bankrupt, [or, Creditor of said 
 
 Bankrupt, as the case may be,] it is Ordered, That said Bankrupt attend before 
 , one of the Registers in Bankruptcy of this Court, at his office [describ- 
 ing the place] on the day of , at o'clock — . M., to submit to the 
 
 examination required by the 27th Section of the Bankrupt Act of March 2, 
 1867, and that a copy of this order be delivered to him, the said , forth- 
 with. 
 
 I Seal of 1 Witness the Honorable , Judge of the said Court, and the 
 
 I "" °'""*- > seal thereof, at , in said District, on the day of -, 
 
 A. D. 18-^ 
 
 Clerk of District Court for said District. 
 
 [N. B. — Where the wife of the Bankrupt is to be examined, the like form may be used, adding 
 after the description of the application the words " and for good cause shown to this Court, she be 
 required to attend before said Court, Of, before — , a fiegister in Bankruptcy.] 
 
 FORM No. 11.— Sec. 15, G. C. 65, p. 49. 
 
 ORDER CONCERNING SALE OF PROPERTY BY ASSIGNEE. 
 
 In the .District Court of the United States, for the District of . 
 
 In the Matter of 
 
 -!*Bankrupt. V^ Bankeuptot. 
 
 At , in said District, on the day of , A. D. 18 — . 
 
 District of , ss : 
 
 Upon the representation of , a Creditor of said , and upon the 
 
 proofs filed therewith, it is Ordered, That the real estate of said Bankrupt wheu 
 offered for sale by his Assignee shall be sold in lots or parcels, as follows, 
 
144 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 [Sere follow the direction hy reference to plat or any other specific description or 
 
 order in which the property shall he sold.'] 
 
 i Seal of 1 Witness the Honorable , Judge of the said Court, and the 
 
 1 the Court. J ggg^i thereof, at , in said District, on the day of , 
 
 A. D. 18—. 
 
 Clerh of District Court for said District. 
 
 FORM 'Eo. 12.— Gen. Orders 21, p. 113. 
 
 OEDEE CONOEENING SALE OF PEOPEETY OF COEPOEATION. 
 
 In the District Court of the United States, for the District of . 
 
 In the Matter of the Bankruptcy "j 
 
 A corporation formed under the laws of j 
 
 the State of . J 
 
 At , in said District, on the day of , A. D. 18 — . 
 
 District of , ss : 
 
 Upon the representation of , a Creditor, [or. Assignee, or, other party 
 
 in interest,] and upon the proofs filed therewith, it is Ordered, That the fran- 
 chise of said corporation be sold in fractional parts according to the number of 
 shares therein, as follows, [If there be one thousand shares of the corporation, 
 the order may require that the franchise be sold in fractions of one-twentieth, or 
 in any other proportion.] 
 
 f Seal of 1 Witness the Honorable , Judge of the said Court, and the 
 
 X the Court. J ggg^j thereof, at , in said District, on the day of , 
 
 A. D. 18—. 
 
 Clerh of District Court for said District, 
 
 FORM No. 13.— Sec. 25, G. 0. 112, p. 60. 
 
 OEDEE FOE THE SALE OF PEEISHABLE PEOPEETY. 
 
 [To be granted on Eillng Petition Form No. 6; Tide See. IS, Q. C. 65; Sec. 25, Q. C. 112, and 
 
 G. Orders, Rule 22.] 
 
 In the District Court of the United States, for the District of . 
 
 In the Matter of 1 t„ -d . ,,„^„^™™ 
 , Bankrupt . | ^^ Bankbuptct. 
 
 — ^ District of , ss : 
 
 To , Marshal of the District of , (as Messenger,) Greeting ; — 
 
 [Or, 
 
 To , Assignee of the Estate of , of , in the County of 
 
 , and State of : — 
 
 ■Whereas, a petition, to wit: on the day of , A. D. 18 — , has been 
 
 filed in the District Court aforesaid, in proceedings in Bankruptcy against the 
 
 estate of , the Bankrupt aforesaid, by , Marshal of said District, 
 
 [or, by , Assignee in Bankruptcy of the said estate, &c.; or, by , 
 
BANKEUPTCT COURT FORMS. 145 
 
 Creditor of said Bankrupt; or, by , the said Bankrupt ; or, name 
 
 other party interested, as the case may be,] wherein it appears to the satisfaction 
 
 of the Court, that certain property belonging to the estate of said . 
 
 Bankrupt aforesaid, to wit: [Sere insert the description and condition of the 
 property; as stated in the petition referred to,] and now being in the possession 
 
 of , Marshal of said District, [or, of , Assignee of the estate of 
 
 said Bankrupt , or, stating where the said property may be at the time,] is of a 
 perishable nature, [or, liable to deteriorate in value; or, likely to become a 
 total loss.] 
 
 It is therefore Ordered, That the said [Here particularly describe the property 
 
 to be sold] be sold under the direction of [or, by] , the Assignee of said 
 
 estate, [or, , the Marshal of this Court aforesaid, as Messenger,] at 
 
 public auction, [or, private sale,] [or, as may, in the opinion of the Court, prove 
 to the interest of the Creditors of said estate, and at such time and place as it 
 may deem most eipedient,] and such Assignee [or, Marshal, as Messenger] is 
 hereby further Ordered to hold the funds received from such sale, in place of 
 the estate [or, such portion of the estate] so disposed of, for the benefit of the 
 
 Creditors of , the said Bankrupt , awaiting the further order of this 
 
 Court: — 
 [Or, 
 
 And such Assignee [or, Marshal, as Messenger,] is hereby further ordered to 
 deposit the proceeds of such sale in Court. 
 
 f So»i of 1 Witness tho Honorable , Judge of the said Court, and the 
 
 itli» Court.; aaal thereof, at , in said District, on the day of , 
 
 A. D. 18—. 
 
 Clerk of District Court for said District. 
 
 FORM ¥o. 14.— Sec. 15, G. C. 65, p. 49. 
 
 ORDEE FOR THE SALE OF CHOSES IN ACTION. 
 
 In the District Court of the United States, for the District of — 
 
 In the Matter of 
 
 -, Bankrupt. } ^"^ Bankbuptot. 
 
 At , in said District, on the day of , A. D. 18 — . 
 
 District of , ss: 
 
 It appearing to this Court that it would be for the interest of the creditors of 
 
 the above bankrupt, , that the book-debts due or growing due to the 
 
 said bankrupt [here insert whatever else it may be desirable to dispose of] should 
 be sold at public auction, [or, sold at private sale, or otherwise, as may appeai; 
 for the best interests of the creditors,] before the expiration of twelve months 
 from the date of the Adjudication of Bankruptcy, it is Ordered, That the said 
 book debts, [Sere insert whatever it may be necessary to include in the order,] 
 shall be sold by the, assignee of said Bankrupt at public auction, [or, at privatd 
 10 
 
146 MANUAL OF THE V. S. BANKRTTPT ACT, 1867. 
 
 sale, &c.,] upon hie giving the notice of sale required by the general orders 
 
 relating to sales of personal property. 
 
 J Seal of \ Witness the Honorable , Judge of the said Court, and the 
 
 1 the Court.; ggg^j thereof, at , in said District, on the day of , 
 
 A. D. 18—. 
 
 Olerk of District Court for said District. 
 
 FORM No. 15.— Sec. 27, G. C. 122, p. 63. 
 
 ORDER FOR GENERAL MEETING OF CREDITORS UNDER SEC. 2rr 
 
 In the District Court of the United States, for the District of . 
 
 In the Matter of 1 t„ -d . „„„„„„.„ 
 , Bankrupt . } ^^ Bakkeupict. 
 
 District of , ss .- 
 
 Upon the foregoing application of , Assignee of the estate of — — , 
 
 Bankrupt , it is Ordered, That a General Meeting of the Creditors of 
 
 said Bankrupt be held at , in said District, ou the day of , A. D. 
 
 18 — , at o'clock — M., at the office of , one of the Registers in 
 
 Bankruptcy in said District, for the purposes named in the twenty-seventh 
 section of the Bankrupt Act of March 2, 1867. 
 
 And it is further Ordered, That the Assignee give notice of said meeting by 
 sending written or printed notices by rcail, post-paid, of the time and place of 
 said meeting to all known Creditors of said Bankrupt ; and that — — also 
 
 notify the Bankrupt to be present thereat ; and shall also publish notice 
 
 of the timeand place of said meeting on two different days in the newspaper 
 called the , printed at , at least days prior to said meeting. 
 
 {Seal of \ Witness the Honorable , Judge of the said Court, and the 
 the Court./ gg^^j thereof, at ^, in said District, en the day of , 
 
 A. D. 18—. 
 
 Clerk of District Court for said District. 
 
 rOEM OF EETUEN OP ASSIGNEE TO BE SUBMITTED TO THE EEGISTEE IN BANK- 
 EUPTOT PEESIDING AT SAID MEETING. 
 
 District of , ss: 
 
 I, lor, we,] Assignee of the estate of , a Bankrupt , do eertify that 
 
 have caused the notices required by the foregoing Order to be published 
 
 in the newspaper called the , printed at , on the day of , 
 
 18 — ; and that have caused written or printed notices of the time and 
 
 place of said meeting to be sent by mail, post-paid, to all known Creditors of 
 said Bankrupt . Said notices were mailed at the Post Office in , on the 
 
BANKRUPTCT COURT FORMS. 147 
 
 day of , A. D. 18 — , at least days prior to the date appointed 
 
 for the said meeting. , 
 
 Assignee. 
 Subscribed and to, at , this day of , A. D. 18 — , before me. 
 
 Register in Banhruptcy. 
 
 [N. B.— Iiike forms may bo uaod for the Third Meeting of Creditors, and for subsequent Meet- 
 ings, if such are ordered by the Court.] 
 
 FOEM K"o. 16.— Sec. 41, G. C. 156, p. 80. 
 
 ORDER OF dOURT UPON DENIAL OF BANKRUPTCY AND DEMAND 
 FQR JURY TRIAL. 
 
 (Involuntary Bankruptcy.) 
 
 In the District Court of the United States, for the District of . 
 
 In the Matter of the Petition "J 
 
 °f ■ C™^^""^' V In Bankeuptoy. 
 
 vs. I 
 
 , Debtor . J 
 
 At , in the said District, on the day of , 18 — . 
 
 District of , ss : 
 
 Upon the demand in writing filed by the Respondent to said Petition, that 
 the fact of the commission of an Act of Bankruptcy may be inquired of by a 
 Jury, it is Ordered, That said issue be submitted to a Jury at the present term 
 of this Court, (if a Jury be in attendance,) or, if in vacation, at the nezt term 
 of this Court. 
 
 {Seal of 1 Witness the Honorable , Judge of the said court, and the 
 the Court. | g^^^j thereof, at , in said District, on the day of , 
 
 A. D. 18—, 
 
 Olerh of District Court for said District. 
 
 FOEM No. 17.— Sec. 11, G. C. 36, p. 43. 
 
 ORDER OF REFERENCE TO REGISTER. 
 In the District Court of the United States, for the District of . 
 
 In the Matter of , \ 
 
 A Petitioner for Adjudication in Bank- [■ In Bankeuptot. 
 ruptoy of himself. j 
 
 District of ss ; 
 
 Whereas , of , in the County of , and State of — — , and 
 
 District aforesaid, has on this day of , A. D. 18 — , at o'clock — . 
 
 • M., filed in the office of the Clerk of said Court, a Petition for Adjudication in 
 
148 MANUAL OF THE U. S. BANKRUPT ACT. 1867. 
 
 Bankrnptoy against himself, according to the provisions of the Act of Congress 
 entitled "An Act to Establish a Uniform System of Bankruptcy throughout 
 the United States," approved March 2, 1867. 
 
 It is thereupon Ordered, That said Petition be referred to , one of the 
 
 Eegisters in Bankruptcy of this Court, to make Adjudication thereon, and take 
 such other proceedings therein as are required by said Act ; and, further. That 
 
 the said , shall, on or before the day of , at o'clock — . M., 
 
 file with said Eegister a duplicate copy of said Petition and the Schedules 
 thereto annexed, and that he attend before said Register on said day, and 
 thenceforth as said Eegister may direct, to submit to such orders as may be 
 made by said Register, or by this Court, relating to his said Bankruptcy ; and, 
 further. That, until otherwise ordered by the Court, the said Register shall act 
 
 upon the matters arising in this case at his of^ce, at , at such times as ha 
 
 shall fix for that purpose. 
 
 f Seal of 1 Witness the Honorable , Judge of the said Court, and the 
 
 \ the Court. J ggg^i thereof, at , in said District, on the day of , 
 
 A. D. 18—. 
 
 GlerTc of District Court for said District. 
 
 FORM No. 18.— Sec. 18, G. C. 76, p. 51. 
 
 ORDER OF REMOVAL OF ASSIGNEE. 
 
 In the District Court of the United States, for the District of - 
 
 In the Matter of 1 t„ -d . „„ „ 
 
 , Bankrupt. J ^^ Bankeupiot. 
 
 District of , ss: 
 
 Whereas , of , did, on the day of , A. D. 18 — , present 
 
 his Petition to this Court, stating as therein set forth, and praying that , 
 
 the Assignee of the estate of said , Bankrupt , niight be removed: 
 
 Now THEEEroEE, upou reading the said Petition of the said , and the 
 
 evidence submitted therewith, and upon hearing what was alleged by Mr. 
 
 , of counsel on behalf of said Petitioner, and by Mr. , of counsel 
 
 for , Assignee as aforesaid; and, upon the evidence submitted on behalf 
 
 of said Assignee; 
 
 It is Ordered, That the said be removed from the trust of Assignee of 
 
 the estate of said Bankrupt , and that the costs of the said Petitioner, inci- 
 dental to said Petition, be paid by said , Assignee, [or, out of the 
 
 estate of the said , subject to prior charges.] 
 
 f Seal of ] Witness the Honorable , Judge of the said Court, and the 
 
 I '""^ ''°"*" J seal thereof, at , in said District, on the day of , 
 
 A. D, 18—. 
 
 Clerh of District Oourt for said District, 
 
BANKEUPTCT COURT FORMS. 149 
 
 FORM No. 19.— Sec. 18, G. C. 79, p. 62; 
 
 OEDEE FOR MEETING OF CREDITORS TO FILL VACANCY CAUSED 
 BY REMOVAL OF ASSIGNEE. 
 
 In the District Court of the United States, for the District of . 
 
 In theMatter of ^ ^ j j^ Bahkeupiot. 
 
 — — District of , ss : 
 
 Whebeas , heretofore appointed Assignee of the estate of said Bank- 
 rupt , has, upon the Petition of , and after hearing thereon, been 
 
 removed from his said trust ; 
 
 It is Ordered, That a meeting of the Creditors of said ——^ be held at , 
 
 in , in said District, on the day of , A. D. 18 — , at o'clock 
 
 — . M., (at which Mr. , one of the Registers of this Court, shall preside,) 
 
 for the choice of a new Assignee of said estate ; < 
 
 And it is further Ordered, That the Clerk of this Court give notice to said 
 Creditors of the time, place, and purpose of said meeting by letter to each, to 
 be deposited in the mail within days from the date of this order. 
 
 {Seal of ) Witness the Honorable , Judge of the said Court, and the 
 the CJonrt. J ^^^^ thereof, at , in said District, on the day of , 
 
 A. D. 18—. 
 
 Clerk of District Court for said District. 
 
 FORM No. 20.— Sec. 28, G. 0. 129, p. 65. 
 
 OEDEE OF SETTLEMENT AND DISCHARGE OF ASSIGNEE; 
 
 [Note. — To follow after account presented and approved.] 
 
 In the District Court of the United States, for the District of . 
 
 [In Bankeupict.] 
 
 District of , ss : 
 
 The foregoing account having been presented for allowance, and having been 
 examined and found correct, it is Ordered, That the same be allowed, and that 
 the said Assignee- be discharged according to the provisions of the Twenty- 
 eighth Section of the Bankrupt Act of March 2, 1867. 
 
 {Seal of )' Witness the Honorable , Judge of the said Court, and the 
 the Court. / gg^i thereof, at , in said District, on the day of , 
 
 A. D. 18—. 
 
 (Xerk of District Court for said District. 
 
150 MANUAL OF THE V. S. BANKRUPT ACT, 1867. 
 
 FORM No. 21. 
 
 COMMON OEDEE. 
 
 In the District Court of the United States, for tha Dis'rict of . 
 
 '°'^BanUt.ll-B^KH..xc.. 
 
 At , in said District, on the day of , A. D. 18 — , 
 
 District of , ss: 
 
 Upon the application of , of , in the County of , and State of 
 
 . there being no opposing interest, [or, the party, or parties, appearing 
 
 and assenting thereto,] It is Oedeeed: [Sere insert the order.] 
 
 i Seal of I Witness the Honorable , Judge of the said Court, and the 
 
 I the Coort.; gg^j thereof, at , in said District, on the day of , 
 
 A. D. 18—. 
 
 C^rk oj IHstriet Court for said District. 
 
 WAREANTS. 
 
 FORM No. 22,— Sec. 11, G. C. 33, p. 42, 
 
 WAEEANT TO MARSHAL, AS MESSENGEE. 
 
 ( Voluntary Bankruptcy.) 
 
 In the pistrict Court of the United States, for the District of . 
 
 In the Matter of "j 
 
 By whom a Petition for Adjudication of I ^ -o 
 
 Bankruptcy was Filed on the >^^ Bankeuptot. 
 
 day of , A. D. 18 — , in said Court. J 
 
 District of , ss : 
 
 To the, Marshal of the District of : 
 
 Geeeiihg : Whereas a Petition for Adjudication of Bankruptcy and for Ee- 
 ^ lief, under the Act of Congress entitled "An Act to Establish a Uniform System 
 ' of Bankruptcy throughout the United States," approved Iilarch 2, 1867, was on 
 
 the day of , 18—, filed by , of , in said District, upon 
 
 which he hath been found and adjudged Bankrupt, there being no opposing 
 party thereto ; — Yon aee, therepoee, heeebt dieeoted, as Messehqeb, to pub- 
 lish times in the— [Here name the newspapers in which the notice is to 
 
BANKRUPTCY COURT FORMS. 151 
 
 bepuhliehed,] (the first publication to be made forthwith,) the following notice, 
 to wit : — 
 
 This is to give Notice : That on the day of , A. D. 18 — , a War- 
 rant in Bankruptcy was issued against the Estate of , of , in the county 
 
 of , and State of , who has been adjudged a Bankrupt on his own Peti- 
 tion ; That the Payment of any Debts, and the Delivery of any Property belong- 
 ing to such Bankrupt, to him, or for his use, and the Transfer of any Property by 
 him, are forbidden oy Law ; That a Meeting of the Creditors of said Bankrupt, 
 to Prove their Debts, and to Choose one or more assignees of his Estate, will be 
 held at a Court of Bankruptcy, to be holden [Here designate the Flace, and 
 
 Building, Room, or Office where the Court is to be held] before , Eegister, 
 
 on the day of , A. D. 18 — , at o'clock — . M. 
 
 And you abe further directed to Serve Written or Printed Notice, forth- 
 with. Either by Mail or Personally, [Those upon whom personal Service is to be 
 made should be designated by the vourt or Segister,] on all Creditors upon the 
 Schedule filed with said Bankrupt's Petition, [or, whose names may be given 
 you in addition thereto by the Debtor,] at least ten days before the appointed 
 meeting of said Court, in the following form, to wit : — 
 
 To Mr. , of , in the County of , and State of , Creditor of 
 
 , Bankrupt : 
 
 You are hereby notified that a Warrant in Bankruptcy has been issued out 
 
 of the District Court of the United States for the District of , against 
 
 the estate of , adjudged a Bankrupt upon his own Petition; 'That the 
 
 payment of any Debts, and the Delivery of any Property belonging to said 
 Bankrupt, to him, or for his use, and the Transfer of any Property by him are 
 Forbidden by Law ; That a Meeting of the Creditors of said Bankrupt, to wit: 
 [Sere insert names of the Several Creditors of Bankrupt, with their' places of 
 residence and amount of debts, respectively, in the following form, e. g. : — 
 
 A. B. , I Boston, Mass | $500] 
 
 to Prove their Debts and Choose one or more Assignees of his Estate, will be 
 
 held at a Court of Bankruptcy, to be holden on the day of , A. D. 
 
 18 — , at o'clock, — . M., at (Here insert the Place, Building, Boom, or 
 
 Office, where the Court will be held] before , Eegister. 
 
 And have you then there this Warrant, with your doings thereon. 
 
 f Seal of 1 Witness the Honorable , Judge of the said Court, and the 
 
 1 thB Court. J ggg^i thereof, at , in said District, on the day of , 
 
 A. D. 18— 
 
 Olerk of District Court for said District. 
 
 RETURN OF MESSENGER TO AOOOMPANT WARRANT. 
 
 [N. B. — This Keturn may be Endorsed on the Warrant, or follow the signature of the 01erk,]or 
 Register issuing the same.] 
 
 District of , ss ; 
 
 At , on the day of , A. D. 18 — 
 
 By virtue of the within Warrant, I have caused the notice therein ordered, 
 to be published, by advertisement, times, in the Newspapers within men- 
 tioned ; the first publication of which was on the day of , A. D. 18 — , 
 
 in [Here mention Newspaper in which first publication was had.] And I also, on 
 
 the day of , A. D. 18 — , sent by mail or served personally upon the 
 
 creditors, and others named in said Warrant, a copy of the notice required 
 thereby to be sent to, or served on them: — And all of the said notices were 
 according to the directions set out in said Warrant. 
 
152 MANUAL OP THE V. S. BANKKTIPT ACT, 1867. 
 
 f EKS. 
 
 1. For service of warrant 
 
 2. For necesaary travel, miles, @ 5 cents per mile, each way - 
 
 3, For each written note to Creditor named in the Schedale, 10 cents 
 
 4, For actual and necessary expenses in publication of notices 
 
 IN. B, If there are any other necessary expenses, the same may be inserted in specific 
 termsj numbering the same consecutively.] 
 
 S 2 00 
 
 U. 8. Marshal, as Messenger, 
 
 District of . 
 
 United States op Ameeica, 
 
 District of , s» ; 
 
 On the day of , A. D. 18 — : — Then personally appeared , TJ. 
 
 S. Marshal, [or, Deputy U. S. Marshal] of said District, and made oath that the 
 above Expenses returned by him, in addition to his fees, were actually and 
 necessarily incurred and paid by him, and that the same are just and reasonable. 
 
 Before me, , 
 
 District Judge. 
 [Note. — The above oath to lEletum of Messenger may be taken before TJ. S. District Judge, Reg- 
 ister, Clerk of the Court, or U. S. Commissioner.] 
 
 FORM No. 23.— Sec. 40, Q. C. 153, p. 79. 
 
 WARRANT OF SEIZURE UPON ADJUDICATION OF BANKRUPTCY 
 ON CREDITOR'S PETITION. 
 
 In the District Court of the United Stat«s, for the District of . 
 
 In the Matter of 1 t„ t> . „„^„„ , 
 
 , Bankrupt . j ^^ Bankeuptct. 
 
 District of , ss : 
 
 To the Marshal of said District, or to either of his Deputies, Greeting : 
 
 Wheeeab a Petition for Adjudication of Bankruptcy was on the day of 
 
 , A. D. 18 — , filed against , of the County of , and State of , 
 
 in said District, under which he hath been duly declared and adjudicated Bank- 
 rupt ; you are therefore by virtue of the said Petition and the adjudication 
 thereon, according to the provisions of the Act entitled "An Act to Establish a 
 Uniform System of Bankruptcy throughout the United States," approved 
 March 2, 1867, required, authorized, and empowered, as Messenger, to take 
 possession of all the estate, real and personal, of said , the said Bank- 
 rupt, except such as may be by law exempt from the operation of said Act; and 
 also all his deeds, books of account, and papers, and to keep the same safely until 
 the appointment of an assignee. 
 
 And you are also directed to publish notice twice in the newspapers called 
 
 , and , printed at , in the County of , the first publication to 
 
 be made forthwith as follows : 
 
 Dislrict Court of the United States, for the District of . 
 
 In the Matter of 1 t„ o.,.,^.,™.™ 
 , Bankrupt . / ^^ Bankbdpict. 
 
 District of , ss : 
 
 A warrant in Bankruptcy has been issued by said Court against the estate of , uf the 
 
 County of , and State of , in said District, who has been duly adjudged a Bankrupt npon 
 
BANKRUPTCY COURT FORMS. 153 
 
 Petition of his Creditors, and the payment of any debts and the delivery of any property belong- 
 ing to said Bankrupt, to him, or to his use, and the transfer of any property by him, are forbidden 
 bylaw. A meeting of the Creditors of said Bankrupt to prove their debts, and choose one or more 
 
 Assignees of his estate will be hold at a Court of Bankruptcy to be holden at , in said District, 
 
 on the day of , A. D. 18 — , at o'clock m., at the oflQco of , [Give the street 
 
 and number, m otherwise partimlarly describe (Ae place,] one of the Kogisters in Bankruptcy of 
 said Court, 
 
 Marshal, [or, Deputy Marshal,] as Messenger. 
 
 And you will also serve written or printed notice by mail, or personally, on 
 all Creditors whose names may be given to you by said Bankrupt, (within five 
 
 days from the date of sucU adjudication,) within days after the date hereof, 
 
 and also to said , the Bankrupt, which notice shall be as follows : 
 
 In the Bistrict Court of the United States, for the Bistrict of—. 
 
 IntheM_a«erof^^^_ } I» B-K..™.. 
 
 — Bistrict of , 88: 
 
 To , one of the Creditors of said , Bankrupt. 
 
 This is to give you notice : 
 
 Ist. That a Warrant in Bankruptcy has been issued against the estate of , Bankrupt 
 
 aforesaid. 
 
 2d. That the payment of any debts, and the delivery of any property belonging to said Bank- 
 rupt, to him, or to his use, and the transfer of any property by him are forbidden by law. 
 
 3d. That a meeting of the Creditors of the said Bankrupt to prove their debts, and to choose one 
 
 or more Assignees of his estate will be held at a Court of Bankruptcy to be holden at , in said 
 
 District, on the day of , at o'clock — . m., at the oflfice of , [Give the street and 
 
 number, or otlierwise particularly describe Vie place,] one of the Registers in Bankruptcy of said 
 Court. 
 
 And the following are the names of the creditors of said Bankrupt and the 
 amount of their debts as given to me by him. 
 
 E. g. — A. B., of Boston dollars.] 
 
 Messenger. 
 And have you then there this warrant with your doings thereon.' 
 
 Witness the Honorable , Judge of the said Court, and the 
 
 seal thereof, at , in said District, on the day of , 
 
 lof 1 
 
 ^ourt. J 
 
 A. D. 18—. 
 
 Olerh of JDistrict Court for said Disiriet, 
 
 EETUEir OP MABSHAL THEEEON. 
 
 District of , ss : 
 
 By virtue of the within warrant, I have taken possession of the estate of the 
 
 within named , Bankrupt, except such as is by law excepted from the 
 
 operation of said warrant by the Act of Congress entitled "An Act to Establish 
 a Uniform System of Bankruptcy throughout the United States," approved 
 March 2, 1867, and of all his deeds, books of account, and papers which have 
 come to my knowledge, and I have published notice by advertisement on two 
 different days in the newspapers within mentioned, the first publication of 
 
 which was on the day of , A. D. 18 — . I also within days after 
 
 the date of the within warrant sent written or printed notice, as within di- 
 rected, to the within-named , Bankrupt, and to the creditors named in 
 
154 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 the schedule delivered to me by him, and herewith returned. The notices sent 
 
 by mail were deposited in the post office at , on the day of , A. 
 
 D. 18 — , with the proper postage stamp affixed thereto ; and those delivered 
 personally by me to said creditors were delivered at the times and the places set 
 opposite to the name of each, and all of said notices were according to the direc- 
 tions set out in this warrant. 
 
 Marshal, [or, Deputy Marshal,'] as Messenger. 
 FEES AND EXPENSES. 
 
 1. Service of warrant 
 
 2. Necessary travel at the rate of 5 cents a mile each way 
 
 3. Notice to creditors, 10 cents each 
 
 4. Actual expenses in publishing nptices as follows 
 
 5. Actual expense's in custody of property and other services as follows... 
 [Here render the ■particulars.'] 
 
 $2 00 
 
 Marshal, [or. Deputy Marshal,'] as Messenger. 
 
 ArriDAVII AS TO EXPEHSBS. 
 
 United States of Ameeica, 
 
 District of , ss ; 
 
 On this day of , A. D. 18 — , personally appeared the said , 
 
 Messenger, and made oath that the above expenses returned by him under 
 numbers 4 and 5, have been actually incurred and paid by him, and are just 
 and reasonable. 
 
 Before me, , 
 
 District Judge. 
 
 [Note. — ^The above oath to Return of Messenger may be taken before U. S. District Judge, Regi 
 ister, Clerk of the Court, or U. S. Commissioner.] 
 
 FORM No. 24.— Sec. 7, G. C. 28, p. 40.* 
 
 WARRANT OF COMMITTAL OF BANKRUPT, OR OTHER PARTY, 
 FOR UNSATISFACTORILY ANSWERING, OR FOR REFUSING TO 
 SIGN EXAMINATION. 
 
 In the District Court of the United States, for the District of . 
 
 '■^^'^krupt. }lNBA.K.nPTO.. 
 
 District of , ss : 
 
 To the Marshal of the District of , Greeting: — 
 
 Whereas , of , in said District, a Bankrupt, [or, a witness in the 
 
 above matter in Bankruptcy,] was, on the day of , A. D. IS — , duly 
 
 sworn and examined touching matters therein, before this Court: — 
 
 * Also, see Section 26, General Clauses lU, p. 61, and 116, ^. 62. 
 
BANKKUPTOY COUKT PORMS. 155 
 
 [Or, 
 
 Was on the day of A. D. 18 — , duly examined touching matters 
 
 therein, as hy the testimony of said Bankrupt [or, witneBB,] now on file in said 
 case will appear ; — 
 
 And whereas the answers of said , as now so appearing on said exam- 
 ination and deposition, are unsatisfactory, [or, improper] ; — 
 [Or, 
 
 The said refuses to swear; to answer; or to sign or to subscribe his 
 
 said examination and deposition : — 
 
 You are therefore authorized and required, immediately upon receipt hereof, 
 
 to take into your custody the said , and him to safely keep and detain, 
 
 without bail, until this Court, or the Circuit Court of the United States sitting 
 within and for this District, shall make an order to the contrary. And for so 
 doing this shall be your warrant. 
 
 (Seal of \ Witness the Honorable , Judge of the said Court, and the 
 the Court. J ^^^ thereof, at , in said District, on the day of , 
 
 A. D. 18—. 
 
 Clerh of District Court for said District. 
 [N. B. — ^Xhe Marshal, upon the above warrant, will make his proper return as to his doinga 
 thereon, and of his fees and expenses, aa in Nos. 22 and 23.] 
 
 FOEM Fo. 25.— Sec. 26, G. C. 114, p. 61. 
 
 WAEEANT AGAINST PARTY DISOBEYINO ANY RULE OR ORDER 
 OF THE COURT. 
 
 In the District Court of the United States, for the District of . 
 
 In AeMatter^of ^^^ _ } I- BA.KB.PXcr. 
 
 District of , es : 
 
 To the Marshal of District of , Greeting: 
 
 Whereas, by a rule [or, an order] bearing date the day of , A. D 
 
 18 — , for the purpose of enforcing the proTisiona of the Act of Congress enti- 
 tled "An Act to Establish a Uniform System of Bankruptcy throughout the 
 United States," approved March 2, 1867, in said matter, it was Ordered [Sere 
 insert the rule or order] ; — 
 
 And, Whereas it is now proved, that after making the said rule, [or, order,] 
 
 that is to say, on the day of , A. D. 18 — , a copy of the same was 
 
 duly served on the said , personally, and the original rule [or, order] at 
 
 the same time exhibited to him, and that the said then refused [or, 
 
 neglected] to obey the said rule, [or, order,] and has not yet obeyed the same : — 
 
 You are therefore required and authorized, immediately upon receipt hereof, 
 
 to take into custody the body of the said , and him safely to keep and 
 
 detain, without bail, until this Court, or the Circuit Court of the United States 
 sitting within and for said District, shall make order to the contrary. And for 
 Eo doing this shall be your warrant. 
 
156 MANUAL OF THE U. S. BANKRUPT ACT, 1867, 
 
 [Or. 
 
 Upon receipt hereof, to arrest the said , and bring him forthwith before 
 
 this Court, (or, before , Esquire, Eegister in Bankruptcy, in the said 
 
 District,) for examination ; or, other ; or, further order of this Court.] 
 
 And have you then there this warrant. 
 
 f Seal of 1 Witness the Honorable , Judge of the said court, and the 
 
 t ** °°'^*- J seal thereof, at , in said District, on the — - day of , 
 
 A. D. 18—. 
 
 Clerh of District Court for said District. 
 [N. B.— The Marshal, upon the above warrant, will make his proper return as to his doiaga 
 thereon, and of his fees and expenses, as in Nos. 22 and 23.] 
 
 All Process, Summons, and Subpoenas shall issue out of the 
 pourt under the seal thereof, and be tested by the Clerk. * 
 — Greneral Orders, Rule 11. 
 
 NOTICES. 
 
 The original drafts of all notices and other papers should be delivered to the 
 Eegister having charge of the case, that he may file the same, as required by 
 Section 4, General Clause 14, of the Act, and by General Orders, Bule 7, with 
 the Clerk of the Court.— £d 
 
 FOEM No. 26.— G. 0., Rule 9, p. 107. 
 
 NOTIFICATION TO ASSIGNEE OF HIS APPOINTMENT. 
 
 In the District Court of the United States, for the — '— District of . 
 
 In the Matter of 1 t t> . 
 
 , Bankrupt, j ^^ Bankeuptot. 
 
 District of , ss •• 
 
 To , of , in the county of , and State of : 
 
 I DO HEREBY OEETiPY to you, that you were duly chosen [or, appointed] as- 
 signee [or, one of the assignees] of the Estate and Effects of the above-named 
 
 Bankrupt at the first meeting of Creditors, on the day of , A. D. 18 
 
 and I do hereby approve and confirm said election, [or, appointment,] and I do 
 further certify that the greater part in value and in number of the Creditors of 
 said Bankrupt who had proved their claims were present, or were duly repre- 
 sented at said meeting ; and further, that you are hereby required forthwith to 
 
BANKRUPTCY COURT FORMS. 157 
 
 notify this Court, [or, Mr. , of -^—, Eegister in Bankruptcy of the Dis- 
 trict aforesaid,] of your acceptance or rejection of the said trust. 
 Dated at , the day of , A. D. 18—. 
 
 Judge of said District, 
 [Or, Register in Bankruptcy. 1 
 [N. B. — If the appointment is made by the Judge, the last clause should be omitted.] 
 
 Acceptance [or. Rejection] of Party Chosen as Assignee. 
 
 [N..B> — "So be endorsed on notification, or to follow it.] 
 
 To Whom it mat Coboeku : Be it known that I hereby signify my accept- 
 ance [or, rejection] of the Trust of Assignee of the Estate of the above [or, 
 within] named Bankrupt this day of , A. D. 18 — . 
 
 Assignee, 
 
 FORM No. 27.— Sec. 14, &. C. 60, p. 48. 
 
 ASSIGNEE'S NOTICE OF APPOINTMENT. 
 
 In the District Court of the United States, for the — -^ District of - 
 
 In the Matter of 
 , Bankrupt. 
 
 [ Ik Bankeuptot. 
 
 To WHOM II MAT CoifCEEN : The undersigned hereby gives notice of his ap- 
 pointment as assignee of , of , in the County of , and State of 
 
 , within said District, who has been adjudged a Bankrupt upon his own 
 
 Petition [or, on Creditor's Petition, or, as the ease may be] by the District 
 Court of said District. 
 
 Dated , the day of , A. D. 18^. 
 
 Assignee, da. 
 
 District of , ss: 
 
 I hereby designate [Sere name such newspapers as may he appointed to give 
 due publicity to the above notice] as the newspapers in which the above notice 
 
 shall be published by the said , Assignee- of the Estate of — : , Bank- 
 
 lupt aforesaid, aicording to law. 
 
 Dated at , the day of , 18 — . 
 
 Z7. 8. District Judge. 
 
 [N. B.— The notice proper, is to be published by the a8sig;nee or assignees for three successiTO 
 weeks, in such newspapers as shall for that purpose be designated by the Court, due regard being 
 had to their general circulation in the district, or in that portion of the same in which the bank- 
 rupt and bis creditors reside. The original notice may be flled with the Clerk of the Court.] 
 
158 MANUAL OF THE U. S. BANKBUPT ACT, 1867. 
 
 FORM No. 28.— Sec. 18, G. C. 76, p. 51. 
 
 NOTICE TO ASSIGNEE OF MOTION FOE HIS REMOVAL. 
 In the District Court of the United States, for the District of - — . 
 
 In the Matter of 1 ijj Banzeotict. 
 
 ^ , Bankrupt-. J 
 
 At , the day of , A. D. 18—. 
 
 District of , ss ; 
 
 To Mr. = — , 
 
 AjBsignee of the estate of ——— : 
 
 You are hereby notified to appear before this Court, at , on the day 
 
 of , A. D. 18 — , at o'clock — . M., to show cause, if any you have, 
 
 why you Bhould not be removed from your trust as Assignee as aforesaid, ac- 
 cording to the prayer of the Petition of , one of the parties interested in 
 
 said estate, filed in this Court on the day of , A. D. 18 — , in which it 
 
 is alleged, {Here insert the allegations of the Petition.'] 
 Hereof fail not. 
 
 ""^■^^^ "» 
 
 Clerh of said District Court. 
 N. B. — To be served by Marshal, and return made In usual form. 
 
 FORM* No. 29.— Sec. 18. G. C. 77, p. 51. 
 
 OEDEE FOE MEETING OF CEEDITOES TO CONSIDEE QUESTION 
 OF EEMOVAL OF ASSIGNEE. 
 
 In the District Court of the United States, for the District of . 
 
 In the Matter of 
 
 -.trnkrupK }I»BANKK.PXC.. 
 
 J District of , ss : 
 
 Whereas , of , has, to wit, on the day of , A. D. 18 — ^ 
 
 filed his Petition in this Court, [or, Whereas a majority in number and value of 
 
 the Creditors of , Bankrupt, have, to wit, on the day of , A. D. 
 
 18 — , filed an Application in this Court,] for the removal of , heretofore 
 
 appointed Assignee of the estate of said , Bankrupt, setting forth, [Here 
 
 insert the allegations of the Petition.'] 
 
 It is Ordered, That the Clerk of this Court give notice to the Creditors of 
 
 , by letter, to be mailed to each within days after the date of this 
 
 order, that a meeting of said Creditors will be held at , on the day of 
 
 , A. D. 18 — , at which Mr. , one of thef Registers of this Court, will 
 
 preside, for the purpose of considering the question of recommending such re- 
 moval and appointing a successor in said trust. 
 
 f Seal of 1 Witness the Honorable , Judge of the said Court, and the 
 
 \ the Court. J ^^^-^ thereof, at , in said District, on the day of , 
 
 A. D. 18—. 
 
 Cler'k of District Court for said District. 
 
 • This form of Order is placed here to preserve more closely its connections with forms of Notices. 
 
BANKRUPTCY COURT 3?0RMS. 159 
 
 FORM No. 30.— Sec. 18, G. 0. 79, p. 52. 
 
 NOTIUDE FOR MEETIKQ OF CEEDITOES ON QUESTION OF CON- 
 SIDEBING REMOVAL OF ASSIGNEE, AND THE APPOINTMENT 
 OF HIS SUCCESSOR. 
 
 In the District Court of the United States, for the — — District of . 
 
 In the Matter of 
 
 At , on the day of , A. D. 18 — . 
 
 To Mr. , of , 
 
 Creditor of said Bcmhrupt, 
 
 SiE : You are hereby notified that upon the filing of the Petition of , 
 
 of , 
 
 [Or, 
 
 Upon the filing of the Application of a majority in number and value of 
 the Creditors of the Bankrupt-, aforesaid,] applying for the removal of 
 
 , Assignee [or, one of the Assignees] of said , Bankrupt, the Hon. 
 
 , Judge of the District Court of the United States for the District afore- 
 said, has ordered notice to be given that a meeting of the Creditors of said 
 
 Bankrupt will be held at , in the County of , and District aforesaid, 
 
 on , the day of , A. D. 18 — , at o'clock, — . M., forJ;he pur- 
 pose of considering the question of such removal, and the appointment of a suc- 
 cessor in said trust. 
 
 Yours, &o., 
 
 Cleric of said District Court. 
 
 [The vote for removal is substantially the same Form as that frtr the appointment of Assignee 
 in Form No. 36, substituting "EemoTal" for "Appointment," and the Form of vote for choice of 
 new Assignee will be substantially the same as the Form referred to.] 
 
 FORM No. 31.— Sec. 27, G. 0. 124, p. 64. 
 
 NOTICE OF DIVIDEND. 
 
 In the District Court of the United States, for the District of , 
 
 In the Matter of 1 t„ -d . „„„„ „ 
 
 . Bankrupt . | ^^ Bahkeupict. 
 
 day of , 18 — . 
 
 SiE : I hereby inform you, that you may, on application, at my place of busi- 
 ness, [or, residence,] at , on the day of , or any day thereafter, 
 
 between the hours of A. M. and P. M., receive a Warrant for the 
 
 Dividend due to you out of the above estate. If you cannot personally 
 
 attend, the Warrant will be delivered to your order on your filling up and 
 signing the subjoined letter. The bills and securities, if any, exhibited at the 
 
160 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 time of the proof of your debt must be produced to me before the Warrant of 
 Dividend can be delivered. 
 
 YourB, &a., 
 
 To Mr. , of ■, Aseignee. 
 
 Creditor, dec, 
 
 SUBJOIKED LETTEE, AUTHORIZING ASSIGNEE 10 DELIVEB DIVIDEND 'WAEEANT 
 TO PAETT OTHEE THAN OEEDITOE. 
 
 . .18-. 
 
 To Mr. , 
 
 Assignee in Bankruptcy of the Estate of , Sankrupt : 
 
 SlE : [or, Messrs.] Please to deliver to , the Dividend Warrant men- 
 tioned in the foregoing [or, within] notice as being payable to me out of the 
 above estate. 
 
 Yours, &c. 
 
 Creditor, <&c. 
 N. B. — ^The above subjoined letter may follow after or be endorsed upon the Notice of Dividond. 
 
 FORM N"o. 32.— Sec. 8, G. C. 29, p. 40. 
 
 G. 0., Rule 26, p. 115. 
 
 NOTICE OP APPEAL IN CASE OF DISALLOWANCE, OE EEDUCTION 
 
 OF CLAIM. 
 
 In the District Court of the United States, for the District of . 
 
 '■^-^Snkrupt . }l-BANKEnPTCT. 
 
 To Mr. , 
 
 Assignee- of said Estate: 
 SiB: — ^You are hereby notified that I claim an appeal from the decision of the 
 
 Judge of the District Court aforesaid, made on the day of , A. D. 
 
 18 — . refusing to allow [or, reducing] my claim, when presented against the 
 
 estate of , Bankrupt , to the Circuit Court of the United States aoxt to 
 
 be holden at , in said District, on the day of , A. D. 18 — . 
 
 Creditor, [or, his Attorney.] 
 
BANKRUPTCY COURT FORMS. 161 
 
 FORM No. 33.— a 0., Rule 28, p. 116. 
 
 NOTICE TO OFFICER OF NATIONAL BANK OR OTHER INSTITU- 
 TION WHERE MONEYS RECEIVED BY ASSIGNEE, OR WHICH 
 ARE PAID INTO COURT, IN BANKRUPTCY PBOCEEDINGS, ARE 
 BEFOSITED. 
 
 In the District Court of the United States, for the District of . 
 
 IntheMat^er^of^^^^ J In Bankkhptc. 
 
 At , the day of , A. D. 18—. 
 
 To Mr. , President [or, Cashier, or, other officer in charge] of the 
 
 National Bank of : 
 
 [Or, 
 ¥0 M — . , Banker at : 
 
 SiE: The National Bank of which you are the President, [or, Cashier; or, as 
 the case may be] : — 
 [Or, 
 
 The Banking House, [or, Institution, or, as the case may be,] under your 
 control [or, management] having been designated by the Judge of the. District 
 
 Court of the United .States, for the District of, , as the place of deposit 
 
 for all moneys received by the Assignee, or paid into Court, in the matter afore- 
 said, the following is a copy of a General Order of the Supreme Court of the 
 United States, in relation to tJie Deposit and Payment of Moneys, made pursuant 
 to the 10th Section of the Act of Congress entitled "An Act to Establish a 
 Uniform System of Bankruptcy throughout the United States," approved 
 March 2, 1867, and which I am therein required to furnish you with, and you 
 are required to observe, to wit: 
 
 BULE 28. 
 
 DEPOSIT AND PATMEST OP MOHBTS. 
 
 The Diatrict Court in each BiBtrict shall designate certain National Banks, if there are any 
 within the judicial District, or if there be none, then some other safe depository, in which all 
 moneys received by Assignees, or paid into Court, in the course of any proceedings in Bankruptcy, 
 shall be deposited; and every Assignee and the Clerk of said Court shall deposit all sums received 
 by them severally, on account of any Bankrupt's estate, in one designated depository, and every 
 Clerk and Assignee shall make a report to the Court of the funds received by him, and of deposits 
 made by him, on the first Monday of every month. No moneys so deposited shall be drawn from 
 Buch depository, unless upon a check or warrant signed by the Clerk of the Court, or by an 
 Assignee, and countersigned by the Judge of the Court, or one of the Registers designated for that 
 purpose, stating the date, the sum, and the account for which it is drawn; and an entry of the 
 substance of such check or warrant, with the date thereof, the sum drawn for, and the account for 
 which it is drawn, shall be forthwith made in a book kept for that purpose by the Assignee or the 
 Clerk: and all checks and drafts shall be entered in the order of time in which ^hey are drawn, 
 aud shall be numbered in the case of each estate. A copy of this rule shall be furnished to the 
 depository so designated, and also the name of any Register authorized to countersign said checks. 
 
 Yours, &c., 
 
 Olerh of the Court, 
 [Or, Assignee in the Matter in Bankruptcy aforesaid.] 
 
162 MANUAL OP THE U. S. BANKRUPT ACT, 1867. 
 
 FORM No. 34.— Sec. 29, G. C. 131, p. 67. 
 
 NOTICE THAT BANKRUPT HAS APPLIED FOE A DISCHARGE. 
 
 In the District Court of the United States, for the District of . 
 
 In the Matter of | j^ Bakkbuptot. 
 , Bankrupt-. J 
 
 At , in said District, on the day of , A. D. 18^. 
 
 SiE: — Take notice that a Petition has been filed in said Court by , of 
 
 ■ , in said District, duly ' declared a, Bankrupt under the Act of Congress 
 
 entitled "An Act to Establish a Uniform System of Bankruptcy throughout 
 
 the ■ United States," approved March 2, 1867, for a discharge and certificate 
 
 thereof from all his debts and other claims provable under said Act, and that 
 
 the day of , next, at o'clock ^. M., is assigned for the hearing 
 
 of the same, when and where you may attend and show cause, if any you have, 
 
 why the prayer of the said Petition should not be granted. 
 
 ClerJc of the District Court. 
 
 To Mr. , 
 
 Creditor of said Banhrupi. 
 
 [J^. B. — The certificate of the Clerk that notices, of which the above is a copy, were duly 
 mailed to each Creditor, and that the proper postage stamps were placed thereOD, will be suificieDt 
 evidence of the fact of notice. If any are delivered to the Creditors, or left at their usual place of 
 residence, the per^onS'SO delivering or leaving them should make alfidavit as follows; — 1 
 
 AFMDAVIT OP SEEVICE OF FOKEGOIHG HOTICE. 
 
 District of , ss : 
 
 I, [Marshal, or, Deputy Marshal, as the case may he]] make oath, that I deliv- 
 ered notices, of which the foregoing [or, within] is a true copy, to the following 
 named persons, at the times and places stated in connection with the name of 
 .each ; [Sere insert names and places of residence of parties personally served, 
 ■with the date and hour of service ;] and that I left at the last and usual place 
 •of abode in said District copies of the same notice, with the following named 
 persons, on the day and hour mentioned in connection with the name of each. 
 i[Scre insert names and places of residence of parties who were served by leaving 
 ■at thei/r /residences with the date and hour pf-sermce.] 
 
 ^ Marshal, [or. Deputy.] 
 Subscribed ^and to, before me, j,t , this day of , A. D. 18 — . 
 
 U. S. District Judge, [or, Begister, or, U. S. Com.] 
 
BANKiRUPXOY COUET FORMS. 16S 
 
 FORM No. 35.— Sec. 28, G. C. 129, p. 65. 
 
 ASSIGNEE'S NOTICE FOR SETTLEMENT OF HIS ACCOUNTS, PRE- 
 PARATORY TO PINAL DIVIDEND. 
 
 In the District Court of the United States, for the District of . 
 
 In the Matter of 1 t„ tj . ^„„„ „„ 
 
 ' , Bankrupt-, j !» Bahkrcptof. 
 
 day of , 18 — . 
 
 To , of — , 
 
 Creditor, <£c., 
 SiE : — This is to give you notice that I have filed my final accounts as As- 
 signee of the estate of , Bankrupt, in said Court, and that on the day 
 
 of next, I shall apply to said Court for the settlement of my said ac- 
 counts, and for a discharge from all liability as Assignee of said estate, in accord- 
 ance with the" pro visions of the 28th Section of the Act of Congress entitled 
 "An Act to Establish a Uniform System of Bankruptcy throughout the United 
 States,"' approved March 2, 1867. 
 
 Assignee, 
 
 {N. B. — If there is more than one aasignee, modify the form accordingly .] 
 
 MEETINGS. 
 
 FORM No. 36.— See. 13, G. C. 39, p. 44. 
 
 PIRST MEETING OF CREDITORS— CHOICE OP ASSIGNEES. 
 
 In the District Court of the United States, for the District of . 
 
 In_theMaUerof^^^ } I^ B..kk.pxo.. 
 
 At , in said District, on the day , of , A. D. 18 — . Before Mr. 
 
 , Register. 
 
 District of ss ; 
 
 Memobakdum. — This being the day appointed by the Court for the First 
 Meeting of Creditors in the above Bankruptcy, and of which due notice has 
 been given in the [Sere insert the names of the Newspapers in whieh rmtice was 
 published,'] and by special notice served personally, or through the mail, we, 
 whose names are hereunder written, being the greater part in number ,f,nd in 
 
 value of the Creditors of the said , Bankrupt aforesaid, present at this 
 
 Meeting, and who have proved our Debts, have chosen, and do hereby nomi- 
 nate and choose [Bers insert the name or names of assignees with place of resi- 
 dence respectively] to be the assignee- of the said Bankrupt's Estate and Effects, 
 
164 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 and we desire that he [or, they] may be appointed such assignee- acoor(J- 
 ingly : 
 
 Names of Creditors above mentioBed. 
 
 Residoneefi of Samo. 
 
 Am'ntofBcbt. 
 
 Dolls, eta. 
 
 I lor, we] do hereby accept the said Trust or Appointment. 
 
 Assignee-, 
 
 District of , ss; 
 
 I, , a Register of the said Court, in Bankruptcy, hereby approve of, 
 
 and confirm the said choice of Assignee-. 
 
 Register in Bankruptcy. 
 
 Bistrict of , ss: 
 
 At , the day of , A. D. 18 — : — I hereby approve of the elec- 
 tion and appointment of the above \or, within] named assignee. 
 
 V. 8. District Judge. 
 
 * I, [or, we,] , hereby appoint Mr. , of , to act as Solicitor 
 
 and Attorney in the above Bankruptcy. 
 
 Approved ; , 
 
 Register [or, Assignee-.'] 
 
 District Judge. 
 
 [*N. B. — If no attorney be appoiDted, omit the latter certificates; and when one is appointed^ 
 file tbe samo.] 
 
 FOEM No. 37.— Sec. 13, G. C. 40, p. 44. 
 
 CERTIFIED MEMORANDUM OF FIRST MEETING OF CREDITORS- 
 FAILURE OF CHOICE OF ASSIGNEE. 
 
 In the District Court of the United States, for the District of . 
 
 In the Matter of 
 
 'stkrupt-. tiNBAKKBUPTcr. 
 
 A. D. 18—. Before Mr. 
 
 At — -, in said District, on the day of ■ 
 
 , Register, 
 
 District of , ss : 
 
 Memorandum. — This being the day appointed by the Court for the First 
 Meeting of Creditors under the said Bankruptcy, whereof the notice required 
 
BANKRUPTCY COURT FORMS. . 165 
 
 in that behalf haa been duly given, I, th« Tindersigned, Eegister of the said 
 Court in Bankruptcy, sat at the time and place above mentioned, pursuant to 
 such notice, to take the proof of debts, and for the choice of assignee — under the 
 Baid Bankruptcy ■ and I hereby certify that the greater part in number and 
 in value of the creditors who have proved their debts, were present, or duly rep- 
 resented, and made choice of , of , in the County of , and State 
 
 , as the assignee of the said Bankrupt's estate, [If more than one assignee 
 
 was chosen so state.] 
 
 [Or, 
 Failed to make choice of an Assignee of said Bankrupt's estate, and there 
 
 being no opposing interest, I appointed , of , in the County of , 
 
 and State of , as Assignee [or, Assigneesjof the same. 
 
 [Or, 
 
 Failed to make choice of an Assignee of said Bankrupt's estate, and there 
 being no opposing interest, I further certify to the Court the failure to make 
 such choice of Assignee, in order that the Court may tsvke action in the prem- 
 ises. 
 
 Register in Banhruptcy. 
 
 To , 
 
 Clerk of the District Court aforesaid, at . 
 
 [N. B. 1. — ^When the matter of appointment is referred to the Court, the Register may, if requested, 
 certify the names of the persons proposed at the Creditor's meeting and the votes given for each. 
 
 N. B. 2.— Where, as suggested in BT. B.I., the question of appointment of assignee is referred to 
 the Court, the memorandum of proceedings had before the Register^ forwarded as required, (as per 
 Sec. 4, G. C. 1-1, p. 35, and G. O. Bide 11, p. 108) to the Clork, may be cited, instead of acoompaay- 
 ang the papers referring the matter with a duplicate memorandum.] 
 
 FORM No. 38.— See. 5, G. C's. 19 and 20, pp. 38-9. 
 
 CERTIFIED LIST OF CREDITORS "WHO HAVE PROVED THEIS 
 DEBTS AT MEETING. 
 
 In the District Court of the United States, for the District of . 
 
 la the Matter of 
 
 -iBlnlmp^. ll^BA^K.nPicr. 
 
 At , in said District, on the day of , A. D. 18 — , before Mr. , 
 
 Register in Bankruptcy. 
 
 District of , as ; 
 
 Memobandum:. — The following is a list of Creditors who have this day, at 
 the meeting thereof, before me, proved their debts against the Estate of 
 
166 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 • , of , in the County of , and State of , the bankrupt afore- 
 
 said: 
 
 
 
 
 
 Names of Creditors. 
 
 Besidnnce. 
 
 Debts Proved. 
 
 
 
 Soils. 
 
 Cts. 
 
 Begister in Bankruptcy. 
 
 FOEM No. 39.— Sec. 27, G. C. 122, p. 63. 
 
 CERTIFIED MEMORANDUM OF DIVIDEND MEETING. 
 In the District Court of the United States, for the District of . 
 
 '■^^Brkrupt-. }lNB..KKU.xcx. 
 
 At , in said District, on day of , A. D. 18 — . 
 
 District of , ss; 
 
 Memobahdum. — At a meeting of the BankWipt's Creditors duly called 
 
 and held this day for the purposes- set forth in the 27th Section of the Act en- 
 titled "An Act to Establish a Uniform System of Bankruptcy throughout the 
 United States," approved March 2, 1867, we, the undersigned, being the ma- 
 jority in value of the Creditors of the said Bankrupt present, or represented at 
 
 this Meeting, seeing that it appears *by the accounts of the Assignee , 
 
 now filled, that there is a balance of -^^^ standing to the credit of this estate, in 
 
 the Bank of , and a balance of in the hands of the , do Kesolve 
 
 that after payment of all proper costs, charges, and expenses, and after deduct- 
 ing and retaining a Sum suflScient for all undetermined claims which by reason 
 of the distant residence of the Creditor?, or for other reason satisfactoiy to us, 
 have not been proved, and for other expenses and contingencies, the sum of 
 
 dollars remains, for distribution among the Creditors of the above-named 
 
 Bankrupt, who have proved their debts against the said Bankrupt's estate. 
 And it was further Resolved, by the undersigned Creditors, that the said sum 
 be divided among the Creditors who have proved their claims against said 
 estate, and that such proceedings be had for declaring and paying said dividend 
 as are required by the Stth Section of said Act. 
 
 Signatures of Creditors. 
 
 I certify to the above. 
 
 Regiiter in Bankruptcy. 
 
BANKRUPTCY OOUKT FORMS. 167 
 
 [N. B. 1. — ^In case one-half in value of the Creditors shall not ho represeuted at such meeting, 
 the fact shall he so stated in the Memorandum, and the amount to be divided, and the order for a 
 dividend shall he made and signed hy the Assignee in accordance with the provisions of the 27th 
 Section of said Act.] 
 
 [N. B. 2.— Like forma may he used for the further proceedings provided for in the 28th Section 
 of said Act.] 
 
 FORM No. 40.— See. 4, G. C. 14, p. 36. 
 
 CERTIFIED ABSTRACTS OP PROCEEDINGS UNDER SECTION 4. 
 
 [form of Memorandum to be returned to Clerk hy Register of his Action in 
 
 each case.] 
 In the District Court of the United States, for the- District of . 
 
 At , in said District, on the day of , A. D. 18 — , before Mr. 
 
 , , Register. 
 
 District of , ,ss:_ 
 
 Memoeanbum. — This day attended the first meeting of Creditors of , 
 
 the Bankrupt aforesaid, at said , where choice was made of assignee as ap- 
 pears by the papers herewith returned. [Sere insert particular statement of all 
 that was done before the Register.] 
 
 Register. 
 (N. B. — Amemorandamofwhatiddonein each case, respectively, must be returned on sep- 
 arate sheets of paper.) 
 
 FORM No. 41.— Sec. 2r, G. C. 122, p. 63. 
 
 REQUEST OF ASSIGNEE UNDER SECTION 27. 
 
 {General Meeting of Creditors.) 
 
 In the District Court of the United States, for the District of . 
 
 In the Matter of 1 t„ -d. „„„„ „ 
 
 Bankrupt . j ^^ Baijkeuptcy. 
 
 To the Honorable , Judge of the District Court \or, Register in Bank- 
 ruptcy] in the above District : 
 SiE: I, [or, we,] the Assignee of the estate of said Bankrupt , respectfully 
 
 represent that have accepted the appointment of Assignee of said estate ; 
 
 that the period of three months has elapsed since the date of the Adjudication 
 of Bankruptcy in said case, and request that the Court will order a General 
 
 Meeting of the Creditors of said Bankrupt , to which may make report 
 
 of proceedings in trust, according to the provisions of the Twenty- 
 Seventh section of the Bankrupt Act' of March 2, 1867. 
 , Dated at , the day of , A. D. 18—. 
 
168 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 DEPOSITIONS AND AFFIDAVITS * 
 
 FORM 'Bo. 42.— Sec. 22, G. C. 102, p. 57. 
 
 DEPOSITION, AS TO PETITIONING CREDITOR'S CLAIM. 
 
 [To be filed with Creditort Petition.] 
 
 In the District Court of the United States for the District of . 
 
 In the Matter of , "j 
 
 Against whom a Petition for Adjudica- {^^ Bankeuptct. 
 tion of Bankruptcy was iiied on trie [ 
 
 day of : -, A. D. 18—. ) 
 
 At , in said District, on the day of , A. D. 18 — , before , 
 
 one of the Registers of said Court in Bankruptcy. 
 
 District of , ss .- 
 
 I, ,' of , in the County of , and State of , being duly 
 
 Sworn [or, Aflarmed] and examined, at the Time and Place above mentioned, 
 
 upon his Oath, [or, Affirmation,] says that the said was, [or, were,] on and 
 
 before the day of , A. D. 18 — , and still justly and truly indebted 
 
 unto this Deponent. [Sere give a particular description of the Debt.] 
 
 ! ! T" ' 
 
 Petitioning Creditor. 
 
 District of , ss ; 
 
 On the day of , A. D. 18 — , before me personally appeared , 
 
 the above-named Petitioning Creditor, and subscribed and made oath \or, af- 
 firmed] to the truth of the foregoing statement. 
 
 Register in Bankruptcy of said District. 
 
 FOEMf Bo. 43.— Sec. 26, G. C. 114, p. 61. 
 
 DEPOSITION OF WITNESS TO ACT OF BANKRUPTCY. 
 
 [To be filed with Creditor's Petition.'] 
 
 In the District Court of the United States for the District of . 
 
 In the Matter of , ~v 
 
 Against whom a Petition foj Adjudica- I j ^^^^^^^^^^^ 
 tion m Bankruptcy was Filed on the f 
 
 day of , A. D. 18—. ) 
 
 At — '■ — , in saidDistrict, on the day of •, A. D. 18 — , before , 
 
 one of the Registers of said Court in Bankruptcy. 
 
 District of , ss: 
 
 being duly Sworn [or. Affirmed] and Examined, upon his Oath, [oi-, 
 
 *The difference between a proof by affidavit and by deposition is that an affidavit is prepared iu 
 the first peHson, and is sworn out of Court, before an officer duly empowered to administer oaths, 
 and does not require the attendance of the Creditor. A deposition is in the nature of an exam- 
 ination. It is drafted in the third person, and is sworn before tbe Register in Court or in Cham- 
 bers, the Creditor attending for that purpose. — See Doria t£ Macrae, L. and Pi-ac. in Bankruptcy, 
 vol. 2, p. 760. 
 
 t See Sec. 22, G. C. 106, p. 68 ; Sec. 22, Q. C. 102, p. 67. 
 
BANKRUPTCY COURT FORMS. 169 
 
 Affirmation,] says that, [Here set forth particularly the Witness's hnowledgt 
 of the Act of Bankruptcy alleged to have been committed by the party proceeded 
 against.] 
 
 Witness. 
 
 District of , ss; 
 
 On the day of , A. D. 18—, before me personally appeared , 
 
 the above-named Witness, and subscribed and made oath [or, affirmed] to the 
 truth of the foregoing statement. 
 
 Hegister in Bankruptcy. 
 
 FORM Ko. 44.— Sec. 22,- G. C. 103, p. 58. 
 
 DEPOSITION FOE PEOOP OF DEBT BY AGENT OE ATTOENEY. 
 
 In the District Court of the United States, for the District of . 
 
 In the Matter of 1 !» Bahkmptct. 
 , Bankrupt . J 
 
 -^— District of , ss : 
 
 On this day of , A. D. 18 — , before me, , Register in Bank- 
 ruptcy, [or, U. S. Commissioner, or other proper officer,] of said District, per- 
 sonally appeared , of , in the County of , and State of , 
 
 Attorney [or. Authorized Agent] of , of , in the County of , and 
 
 State of , and after being by me duly sworn, [or, affirmed,] says that the 
 
 said , the person by [or, against] whom a Petition for Adjudication of 
 
 Bankruptcy has been filed, , at and before the filing of the said Petition, 
 
 and still justly and truly indebted to the said , in the sum of 
 
 dollars and cents, [here particularly describe the consideration of the debt, 
 
 and whether any, do.,] for which said sum of dollars and cents, or 
 
 any part thereof, this Deponent says that he has not nor has any person 
 
 by h — Order or to this Deponent's knowledge or belief, for use had or 
 
 received any manner of satisfaction or security whatsoever. And this Deponent 
 further says that the claim was not procured for the purpose of influencing 
 the proceedings under the Act of Congress entitled "An Act to Establish a Uni- 
 form System of Bankruptcy throughout the United States,'' approved March 2, 
 1867 ; that no bargain or agreement, express or implied, has been made, or 
 entered into by, or on behalf of such Creditor to sell, transfer, or dispose of said 
 claim, or any part thereof, against said Bankrupt, or to take or receive, directly 
 or indirectly, any money, property, or consideration whatever, whereby the 
 vote of such Creditor for assignee, or any action on the part of such Creditor or 
 any other person in the proceedings under said Act, has been, is, or shall be, in 
 any ways affected, influenced, or controlled. And this Deponent further says, 
 that he is duly authorized by his principal to make this Affidavit, and that it is 
 within his knowledge that the aforesaid debt was incurred as and for the con- 
 
170 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 Bideration above stated, and that such debt to the best of his knowledge and 
 belief still remains unpaid and unsatisfied. 
 
 Agent [or, Attomey'\ 
 Subscribed and sworn [or, affirmed] to, this day of , A. D. 18 — , be- 
 fore me. 
 
 District Judge, [or, Regialer in Bankruptcy, 
 Or, U, 8. Commissioner.] 
 
 Eeceived by me, this day of , A. D. 18 — . 
 
 Assignee. 
 
 FOEM No. 45.— Sec. 22, G. C. 102, p. 67. 
 
 DEPOSITION FOR PROOF OF DEBT WITHOUT SECURITY. 
 In the District Court of the United States for the -. District of . 
 
 District of , ss : 
 
 At , in the County of , and State of , on the day of , 
 
 A, D. 18 , before me came , of , in the county of , and State of 
 
 . and made oath, [or affirmation,] and says, that the said , the 
 
 person whom a Petition for Adjudication of Bankruptcy has been filed, at 
 
 and before the filing of the said petition ,^nd still justly ana truly 
 
 indebted to this Deponent in the sum of, [Her^'state the amount and describe 
 the consideration of the Debt, and whether any, and what payments have been 
 
 made thereon,] for which said sum of dollars and cents, or any part 
 
 thereof, this Deponent says that he has not, nor has any person by h — 
 
 order, or to this Deponent's knowledge or belief, for use, had, or received 
 
 any manner of satisfaction or security whatsoever. 
 
 And this Deponent further says that the said claim was not procured for the 
 purpose of influencing the proceedings under the Act of Congress entitled " An 
 Act to Establish a Uniform System of Bankruptcy throughout the United 
 States,'' approved March 2, 1867; that no bargain or agreoraent, express or 
 implied, has been made or entered into by or on behalf of this Deponent to sell, 
 transfer, or dispose of said claim, or any part thereof, against said Bankrupt, or 
 to take or receive, directly or indirectly, any money, property, or consideration 
 whatever, whereby the vote of this Deponent for Assignee, or any action on 
 the part of this Deponent, or any other person in the proceedings under said 
 Act, has been, is, or shall be in any way affected, influenced, or controlled. 
 
 Deposing Creditor. 
 Subscribed and sworn [or, affirmed,] to, before me. 
 
 Begister in Bankruptcy. 
 
BANKEUPTCT COURT FORMS. 171 
 
 FORM No. 46.— Sec. 22, G. C. 102, p. 57. 
 
 DEPOSITION FOE PEOOF OF DEBT WITH SECUEITY, 
 
 In the District Court of tke United States for the — District of . 
 
 In the Matter of 1 t„ n . „,^„,Tnm„-n- 
 . Bankrupt-, j ^^ Bankeupiot. 
 
 I District of , ss : 
 
 On this day of , A. D. 18 , before me , a Register in Bank- 
 ruptcy [or United States Commissioner, or other proper officer] of said District, 
 
 personally appeared , of , in the County of , and State of , 
 
 and who, after being duly sworn [or affirmed] and examined, at the time and 
 
 place aforesaid, upon h oath, says that , the person by [or against] 
 
 whom a Petition for Adjudication of Bankruptcy is filed, w at and before 
 
 the filing of the said petition, and still justly and truly indebted to this 
 
 Deponent [or the firm of , composed of this deponent and , trans- 
 acting business at ] in the sum of dollars and cents, for which 
 
 said sum of dollars and cents, or any part thereof, this Deponent 
 
 has not, nor any person by order, or to this Deponent's knowledge 
 
 or belief, for use, received any security or satisfaction whatsoever, save 
 
 and except the hereinafter mentioned ; that the claim was not procured 
 
 for the purpose of influencing the proceedings under the Act of Congress enti- 
 tled " An Act to Establish a Uniform System of Bankruptcy throughout the 
 United States," approved March 2, 1867 ; that no bargain or agreement, ex- 
 pressed or implied, has been made or entered into by or on behalf of this De- 
 ponent, [or the firm of which this deponent is a member,] to Bell, transfer, or 
 dispose of said claim, or any part thereof, against said Bankrupt, or to take or 
 receive, directly or indirectly, any money, property, or consideration whatever, 
 whereby the vote of this Deponent [or the firm of which this deponent is a 
 member] for Assignee or any action on the part of this Deponent, or any other 
 person, in the proceedings under said act, has been, is, or shall be in any way 
 affected, influenced, or controlled. [3ere insert a particular description of the 
 debt, and also of the property held as security, and the estimated value of such 
 property.] 
 
 Creditor, &c. 
 
 Subscribed and sworn [or affirmed] to, at , in the of this day 
 
 of , A. D. 18 , before me, 
 
 District Judge, [or, Register in Bankruptcy, or U. S. Com.] 
 Keceived by me, this day of , A. D. 18 . 
 
 Assignee. 
 
172 MANUAL ,0F THE V. S. BANKRUPT ACT, 1867. 
 
 rORM No. 47.— Sec. 22, G. C. 103, p. 58. 
 
 DEPOSITION FOE PROOF OF DEBT, WITH SEGUEITY, BY AGENT. 
 
 In the District Court of the United States, for the District of . 
 
 I n the M a-Uer^of^^^ j j^ BAFKEUPlcr. 
 
 At , in said District, on the day of , A. D. 18 — , before Mr. 
 
 , Register in Bankruptcy. 
 
 District of , ss: 
 
 On the day above mentioned, personally came , Attorney [or, author- 
 ized agent] of , who, being duly and examined at the time and place 
 
 aforesaid, upon h oath, says that . the person whom a Petition for 
 
 Adjudication of Bankruptcy is filed w , at and before the filing of said Peti- 
 tion, and still justly and truly indebted to the said in the sum of 
 
 dollars and cents, for which said sum of dollars and cents, 
 
 nor for any part thereof, this deponent ha not, nor any person by 
 
 order, to this Deponent's knowledge or belief, for the use of said , 
 
 received any security or satisfaction whatsoever, save and except the here- 
 inafter mentioned. And this Deponent further says that he is duly author- 
 ized by his principal to make this deposition, and that it is within his knowl- 
 edge that the aforesaid debt was incurred, as and for the consideration above 
 stated, and that such debt, to the best of his knowledge and belief, still 
 remains unpaid and unsatisfied ; that the claim was not procured for the pur- 
 pose of influencing the proceedings under the Act of Congress entitled "An 
 Act to Establish a Uniform System of Bankruptcy throughout the United 
 States,'' approved March 2, 1867; that no bargain or agreement, expressed or 
 implied, has been made or entered into by or on behalf of such Creditor to sell, 
 transfer, or dispose of said claim, or any part thereof, against said Bankrupt, 
 or to take or receive, directly or indirectly, any money, property, or considera- 
 tion whatever, whereby the vote of such Creditor for Assignee, or any action 
 on the part or such Creditor, or any other person, in the proceedings under 
 said Act, has been, is, or shall be in any way affected, influenced, or controlled. 
 
 [Her', insert a, description oj the debt, and also of the property held as eeeur 
 rity. and the estimated value of such property.^ 
 
 Agent, &e. 
 
 Subscribed and to, this day of — ~, A. D. 18 — , 
 
 Before me, 
 
 Register in Bankruptcy, 
 Eeceived by n:e, this day of , A. D. 18—. 
 
 Assignee* 
 
BANKRUPTCY COURT FORMS. 173 
 
 FORM No. 48.— Sec. 12, p. 44, et seq. 
 
 ASSIGNEE'S RETUBN WHERE THERE ARE NO ASSETS. 
 
 In the District Court of the United States, for the District of . 
 
 In the Matter of 
 
 -, Bankrupt 
 
 [ In Bankeuptoy. 
 
 At , in said District, on the day of , A. D. 18 — . 
 
 District of , ss : 
 
 On the day aforesaid before me comes , of , in the County of 
 
 , and State of , and makes and says, that he, this Deponent, aa 
 
 Assignee [or, one of. the Assignees] of the estate and effects of the above 
 named Bankrupt , has never received nor paid any moneys for, or on account 
 of said estate. 
 
 Assignee. 
 Subscribed and to, at , this day of , A. D. 18 — , before me. 
 
 Register in Bankruptcy. 
 
 FORM No. -49.— Sec. 26, G. C. 114, p. 61. 
 
 EXAMINATION OF BANKRUPT, OR WITNESS RELATIVE TO THE 
 BANKRUPTCY. 
 
 In the District Court of the United States, for the District of . 
 
 In the Matter of 
 
 Matter of } t t> . 
 
 -Bankrupts, j 1=^ Bankeuptot. 
 
 At , in said District, on the day of , A. D. 18—, before Mr. , 
 
 Register. 
 
 District of , is : 
 
 1 of , in the County of , and State of , being duly 
 
 and examined at the time and place above-mentioned upon h oath 
 
 [or, affirmation] says, [Here insert substance of examination of party, and con. 
 elude with his signature and usual jurat.] 
 
 Register, etc. 
 
[ In Bankeuptot. 
 
 174 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 FORM No. 50.— Sec. 26, G. C.'s 116 and 118, p. 62. 
 
 DECLARATION TO BE MADE BY BANKEUPT OR HIS WIFE. 
 
 In the District Court of the United States, for the District of , 
 
 In the Matter of 
 , Bankrupt — . 
 
 At , in the isaid District, on the . day of , A. D. 18 — . 
 
 District of , ss : 
 
 I, , of , in the County of , and State of , the person de- 
 clared a Bankrupt, 
 [Or, 
 
 I,. , wife of , the person declared a Bankrupt under a Petition 
 
 for adjudication of Bankruptcy, filed on the day of -, in the year of 
 
 our Lord one thousand eight hundred and , do solemnly that I will 
 
 make true answers to all such q^uestions as may be proposed to me respecting 
 
 all the property of the said , and all dealings and transactions relating 
 
 thereto, and will make a full and true disclosure of all that has been done with 
 the said property, to the best of my knowledge, information, and belief. 
 
 Banhntpi. 
 
 \0r, , wife of the said , Bankrupt.] 
 
 Subscribed and to, this day of , A. D. 18 — , before me. 
 
 Begiiter. 
 
 FORM No. 51.— Sec. 37, G. C. 147, p. 75. 
 
 DEPOSITION FOR PROOF OF DEBT BY OFFICER OP CORPORA- 
 TION. 
 
 In the District Court of the United States, for the District of . 
 
 In the Matter of 
 
 "Bankrupt-. }l^BANKEUPTcr. 
 
 • District of - 
 
 . I, , of , in the County of , and State of , President \ot, 
 
 Cashier, or. Treasurer, or, as the case may be] of , , being a Cor- 
 poration incorporated by and under the laws of the State of , and carrying 
 
 on business at , in the State of , being duly sworn, [or affirmed,] do 
 
 solemnly declare that I am such officer, and duly authorized to make this proof, 
 
 and that the statement of the , hereunto annexed, is a full, true, and 
 
 complete statement of account between the said Corporation and the said Bank- 
 rupt ; and that it is within my own knowledge that the debt thereby appearing 
 to be due from the estate of said Bankrupt to the said Corporation was incurred 
 
 on or before the day of , and for the consideration therein stated ;and 
 
 that to the best of my knowledge and belief the said debt still remains unpaid 
 and unsatisfied. And I do further declare that said claim was not procured 
 
BANKRUPTCY COUET FORMS. 
 
 175 
 
 for the purpose of influencing the proceedinga under said Act, and that no bar- 
 gain or assignment, express or implied, has been made or entered into by or on 
 behalf of said Corporation to sell, transfer, or dispose of the said claim or any 
 part thereof, against such Bankrupt, or to take or receive, directly.or indirectly, 
 any money, property, or consideration whatever, whereby the vote of such Cor- 
 poration, or of any person in the proceedings under said Act was, is, or shall 
 be, in any way, affected, influenced, or controlled. 
 
 President [or, other proper officer of the Company, or, Association.] 
 
 Declared under oath [or affirmation] at , this day of , A. D. 
 
 18 — , before me, 
 
 Begister in Bankruptcy, 
 
 FORM No. 52. 
 
 PROOF OP INDEMNITY FOR LOST BILL OR NOTE. 
 
 In the District Court of the United States, for the District of . 
 
 In the Matter of 
 
 fBrnkrup^. Ii^'Ba^keupxoy. 
 
 District of , st 
 
 On this day of - 
 
 — , in the County of- 
 
 , A. D, 18 — , at , comes before me , of 
 
 and State of , and makes and says that 
 
 he has made a careful search for the Bill of Exchange, [or, note,] the particulars 
 whereof are hereunder set forth, and which ha- been proved under this estate by 
 
 , but that he, this Deponent, hath not been able to find the same, and 
 
 verily believes that the same hath been lost or mislaid ; and this Deponent fur- 
 ther says that he has not, nor has the said, [Here insert the names of .the firm of 
 which Deponent is a member,'] or any person or persons to their use, to this De- 
 ponent's knowledge or belief, [or, the firm of , of which Deponent is a 
 
 meifiber,] negotiated the said Bill, [or, note,] nor in any manner parted with or 
 assigned the legal or beneficial interest therein or any part thereof; and that 
 he, this Deponent, is the person now legally and beneficially interested in the 
 same, and entitled to receive for his own use all dividends in respect thereof. 
 
 Bill above referred to. • 
 
 Date and Time. 
 
 .Drawer or Endorser. 
 
 Acceptor or Maker. 
 
 Sum. 
 
 Deposing Creditor. 
 
176 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 Subscribed and to, before , this day of , A. D. 18- 
 
 Megister [or U. 8. Commissioner -I 
 Upon the above-named Deponent signing the annexed letter of indemnity, and 
 giving security to the satisfaction of the assignee- I direct the dividend to be 
 paid to him. 
 
 Seffister in bankruptcy. 
 
 EOEM OF NOTICE OF lUDEMNlFICATIOIT TO ASSIGNEE. 
 
 In the matter of Estate of - 
 
 of- 
 
 SiE : The Bill mentioned below, proved by - 
 
 a Bankrupt. 
 
 — against this estate, having 
 been lost or mislaid, and the following dividend having been declared thereon, 
 
 but not yet paid, viz : , in consideration of your paying to or to 
 
 order, the dividend ■ above mentioned hereby undertake to in- 
 demnify you against all claims of anj other person to the said dividend, or any 
 part thereof, and from all loss, damage, and expense, which you or your Ex- 
 ecutors or Administrators may sustain by reason of your making such payment 
 
 to me ; and if it should hereafter appear that the said sum of $ , or any 
 
 part thereof, with the dividend already received or declared up to this day, 
 
 exceed the amount of the Bill, hereby engage to repay the same to you, 
 
 or to the assignee or assignees of the above estate with interest at the rate of 
 
 per cent, per annum fropi this day. 
 
 Dated at , this day of , A. D. 18 — . 
 
 Bill or note above referred to. 
 
 Date and Time. 
 
 Drawer or Endorser. 
 
 Acceptor or Maker. 
 
 Sum. 
 
 To Mr. ■ 
 
 Sureties of Creditor receiving Dividend. 
 
 Register in Bankruptcy. 
 
 FOEM No. 53.— Sec. 3, G. C. 13, p. 36. 
 
 UNITED STATES OF AMERICA. 
 
 In the District Court of the United States, 1 
 For the District of . J*^-' 
 
 EEQISTER'S OATH OF OFFICE. 
 
 I, , having been duly nominated and recommended by the Chief Jus- 
 tice of the Supreme Court of the United States, and appointed by the Honorable 
 
BANKKUPTOY COURT FORMS. 177 
 
 , Judge of the District Court of the United States for the District of 
 
 , as a Register in Bankruptcy, under the Act entitled "An Act to Establish a 
 
 Uniform System of Bankruptcy throughout the United States,'' approved March 
 2, 1867, do solemnly swear that I have never voluntarily borne arms against 
 the United States since I have been a citizen thereof; that I have voluntarily 
 given no aid, countenance, counsel, or encouragement to persons engaged in 
 armed, hostility thereto ; that I have neither sought nor accepted, nor at- 
 tempted to exercise the functions of any office whatever,. under any authority 
 or pretended authority in hostility to the United States ; that I have not 
 yielded a voluntary support to any pretended government, authority, power, 
 or constitution within the United States hostile or inimical thereto. And I do 
 further swear that, to the best of my knowledge and ability, I will support 
 and defend the Constitution of the United States against all enemies, foreign 
 and domestic; that I will bear true faith and allegiance to the same; that 
 I take this obligation freely, without any mental reservation or purpose 
 of evasion ; and that I will well and faithfully discharge the duties of the 
 office on which I am about to enter ; and also, that I will not, during my con- 
 tinuance in office, be, directly or indirectly interested in, or benefitted by, the 
 fees or emoluments arising from any suit or matter pending in Bankruptcy in 
 either the District or Circuit Court in this District. So help me God. 
 
 Begister. 
 
 Subscribed and to, before me, in open Court, this day of , A. 
 
 D. 18—. 
 
 U. S. District Judge. 
 
 FOEM No. 54.— Sec. 27, G. C. 122, p. 63. 
 
 AFFIDAVIT TO BE MADE BY ASSIGNEE.* 
 
 In the District Court of the United States, for the District of — 
 
 ^.^^rrnkrupt-. }l-B..KKnPTC.. 
 
 District of , s«; 
 
 On this day of , A. D. 18 — , before me comes , of , in 
 
 the County of , and State of , and makes , and sa that he, this 
 
 Deponent, was, on the day of , A. D. 18 — , appointed Assignee of the 
 
 estate and effects of the above-named Bankrupt , and that, as such , he 
 
 has conducted the settlement of the said estate. That the account hereto 
 
 annexed, containing sheets of Paper, the first sheet whereof is marked 
 
 ■with the letter — , [Reference may here also be made, to any prior account 
 filed by Deponent,] is true, and such , account contains entries of every 
 sum of money received by Deponent, on account of the estate and effect of 
 the above-named Bankrupt , and that the payments purporting in such 
 
 * See Form No. 20, Order of Settlement and Discharge of ABSignee, p. 14S, which is to follow 
 this form if order of discharge is grantea. 
 12 
 
178 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 account to have been made by Deponent have been so made by him. And he 
 asks to be allowed for said payments, and for charges for settlement as set 
 forth in said accounts. 
 
 Subscribed and to, at , in said District of , this day of 
 
 , A. D. 18—. 
 
 Before me, , 
 
 Begister in Bankruptcy, [or, United States Cormnissioner.] 
 
 ACCOUNT OP ASSIGNEE. 
 
 De. The estate of - 
 
 (To be annexed to AffldaTit of Assignee.) 
 , Bankrupt-, in account with , Assignee. Ce. 
 
 Witness : 
 
 Megister. 
 
 FORM No. 55.— Sec. 29, G. 0. 132, p. 69. 
 
 OATH OF BANKEUPT TO BE TAKEN BEFORE HIS DISCHARGE. 
 
 In the District Court of the United States, for the — . — District of . 
 
 In the Matter of 1 t -d 
 
 , Bankrupt-. | ^^ Baukeupioy. 
 
 Uhiied States op Ameeioa, 
 
 District of , ss : 
 
 I, , of , in the County of , and State of , upon my solemn 
 
 oath, [or, affirmation,] hereby declare : That I was, on the day of , A. 
 
 D. 18 — , upon my own petition, [If upon the petition of creditor, so state, 
 giving name and residence of petitioner,] iulj adjud^ei a Bankrupt, within the 
 purview of the Act of Congress entitled " An Act to Establish a Uniform Sys- 
 tem of Bankruptcy throughout the United States," approved March 2, 1867; 
 and that I have not done, or suffered, or procured to be done, or been privy to 
 any act, matter, or thing specified in the said act, as a ground for withholding 
 my final discharge thereunder, or as invalidating the same if granted. So help 
 ME God. 
 
 Subscribed and sworn [or affirmed] to, before me, at • 
 — , A. D. 18—. 
 
 Bankrupt. 
 -, this day of 
 
 U. S. District Judge. 
 [N. B.— The above oath may be taken before any other officer than U. S. District Judgo, who 
 is empowered to administer oaths to be used in C. S. Courts.] 
 
BANKRUPTCY COURT FORMS. 179 
 
 CERTIFICATES. 
 
 FORM No. 56.— Sec. 6, G. C. 23, p. 38. 
 
 FORM OF CERTIFICATE UNDER SECTION 6. 
 In the District Court of the United States, for the District of . 
 
 At , in said District, on the day of , A. D. 18 — . 
 
 District of , ss ; 
 
 I, , one of the Registers of said Court in Bankruptcy, do hereby cer- 
 tify that in the course of the proceedings in said matter before me, the following 
 question arose pertinent to the said proceedings, and was stated and agreed to 
 
 by the counsel for the opposing parties, to wit : Mr. , who appeared for 
 
 the Bankrupt, and Mr. , who appeared for , one of the Creditors 
 
 of said Bankrupt, [Add other names if others are interested,] and, [Here follows 
 a summary of the evidence upon, the point or matter to be submitted to the Court, 
 and the question of law arising thereon as agreed to by the counsel.] 
 
 And the said parties rec[uested that the same should be certified to the Judge 
 for his opinion thereon. 
 
 FORM No. 57.— Sec. 14, G. C. 47, p. 46. 
 
 CERTIFICATE OP EXEMPTED PROPERTY. 
 
 In the District Court of the United States, for the District of ——. 
 
 In the Matter of ) t -d 
 
 , Bankrupt } ^^ Bankbuptoy. 
 
 District of , as : 
 
 The following is a Schedule of property designated and set apart to be re- 
 tained by the Bankrupt aforesaid, as his own property, under the provisions 
 of the 14th section of the Act of Congress entitled "An Act to Establish a Uni- 
 
180 
 
 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 form System of Bankruptcy throughout the United States," approved March 
 2, 1867: 
 
 Liflt of Property. 
 
 Particular Description. 
 
 Value. 
 
 Necessary household and kitchen 
 furniture, not exceeding $500 in 
 value 
 
 
 Dolls. 
 
 Cts. 
 
 Other articles and necessaries 
 
 Wearing apparel of Bankrupt and 
 
 
 Equipments, if any, as a Soldier. 
 
 Other Property Exempted by laws 
 of the United States 
 
 Property Exempted by State Laws. 
 
 
 
 
 
 District Judge, [or, Begister.] 
 
 FOEM No. 58.— Sec. 4, G. C. 14, p. 36. 
 
 CEETIFIOATE OF PEOTECTION. 
 
 In the District Court of the United States, for the ■ 
 In the Matter of 
 
 ' District of - 
 
 "^Bankrupt-. } I^ BAKKEUPXor. 
 
 ■ District of - 
 This is to certify that - 
 
 -, on the day of , A. D. 18 — , filed his 
 
 Petition in Bankruptcy in said Court, upon which he was duly adjudged a 
 
 Bankrupt ; and this Certificate is available to the said , for all purposes, 
 
 as a protection in Bankruptcy. [If adjudioation was made upon creditor's p&- 
 tition modify the form accordingly.'] 
 Given a,\, , the day of , A. D. 18 — , 
 
 U. 8. District Judge, 
 [Or, Begister in Bankruptey.] 
 
BANKBTJPTCY COURT FORMS. 181 
 
 BONDS, 
 
 FOEM ITo. 59.— Sec. 3, G. C. 12, p. 35. 
 
 OFFICIAL BOND OF EBQISTEE. 
 
 In the District Court of- the United States for the District of . 
 
 [In Bankeuptot.] 
 
 Know all men by these Peesbnts: That we [Insert names and residences of 
 Bondsmen in full] are held and firmly hound unto the United States of America 
 
 in the sum of dollars, lawful money of the United States, to he paid to the 
 
 said United States, for (he payment of which, well and truly to bo made, we 
 hind ourselves and each of us, our and each of our heirs, executors, and ad- 
 ministrators, jointly and severally, firmly by these presents. 
 
 Sealed with our seals, and dated this day of , Anno Domini one 
 
 thousand eight hundred and . 
 
 Whereas the said , having been on the day of , A. D. 18 — , 
 
 appointed by the Honorable , Judge of the District Court of the United 
 
 States for the District of , a Register in Bankruptcy, in and for said 
 
 District, this Bond is executed pursuant to the Third Section of the Act of Con- 
 gress entitled "An act to Establish a Uniform System of Bankruptcy through- 
 out the United States," approved March 2, 1867, and is conditioned for the 
 faithful discharge of the duties pertaining to said office of Register in Bank- 
 ruptcy. 
 
 In witness whereof we have hereunto set our hands and seals this day 
 
 of , A. D. one thousand eight hundred and . 
 
 , [L. s.] 
 
 ,[L.S.] 
 
 ,[L.S.] 
 
 Attest: , Bondsmen. 
 
 Clerk District of . 
 
 [N. B.— The aboTO Bond to be endorsed with the neaal certificate of Clerk of the District as to 
 exact time and date of iillng.] 
 
 FORM No. 60.— Sec. 13, G-. C. 43, p. 45. 
 
 BOND OF ASSIGNEE. 
 
 In the District Court of the United States, for the District of . 
 
 In the Matter of Xr-^-a .\r^-„T,-om«™ 
 , Bankrupt-, j ^^ Bankeuptot. 
 
 -. — District of , ss; , 
 
 Know all men by these peesents : That we, -, of , - — , of- , 
 
 and , of , are held and firmly bound unto the United States of America 
 
182 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 in the just and full sum of dollars, to the payment whereof, well and trnly 
 
 to be made, we do bind ourselves, our and each of our heirs, executors, and 
 administrators. 
 
 Sealed with our seals, and dated this day of , Anno Domini one 
 
 thousand eight hundred and . 
 
 The said having been, on the day of , A. D. 18 — , by order 
 
 of the District Court of the United States for the District of , In 
 
 Bankbuptcy, appointed assignee- of the estate of , a Bankrupt, this 
 
 Bond is executed pursuant to the Thirteenth Section of the Act of Congress 
 entitled "An Act to Establish a Uniform System of Bankruptcy throughoqt 
 the United States," approved March 2, 1867 ; and is conditioned for the due 
 
 and faithful diseharge of all duties by the said , as such assignee-, 
 
 and in compliance with the Orders and Directions of the Court in the matter of 
 Bankruptcy of the said . 
 
 . [l. s.] 
 
 Signed, Sealed, and Delivered 
 
 in presence of — , [l. s.] 
 
 • , [l- a.] 
 
 To follow or to be endorsed on foregoing Bond. 
 
 At , the day of , A. D. 18 — : — I hereby approve of the above 
 
 [or, within] Bond, and declare the Sureties named therein to be satisfactory. 
 
 U. 8. District Judge, [or, JBegiater in Bankruptcy.] 
 
 FORM* ITo. 61.— Sec. 43, G. C. 163, p. 82. 
 
 BOND OF TRUSTEES (IN PROCEEDINGS BY ARRANGEMENT.) 
 
 In the District Court of the United States, for the District of . 
 
 ^"^^tankrupt-. } ^^ Bankbuptc. 
 
 District of , ss ; 
 
 Know all meit by these presents : That we [here insert the names of all 
 the JHistees appointed, and those of their sureties, loiih the town, county, and 
 State in which they respectively reside] are held and firmly bound unto the United 
 
 States of America in the just and full sum of dollars, lawful money of the 
 
 United States, to the payment of which, well and truly to be made, we 
 
 bind ourselves and each of us, our and each of our heirs, executors, and admin- 
 istrators, jointly and severally, firmly by these presents. 
 
 Sealed with our seals, and dated this day of , Anno Domini one 
 
 thousand eight hundred and . 
 
 Whereas,it has been determined and resolved by three-fourths in value of the 
 
 Creditors of , of , in the county of , and State of , Bankrupt, 
 
 whose claims have been proved, that it'is for the interest of the general body of 
 
 *See 2d parsgrapb of Q. 0. 163, p. 83. 
 
BANKRUPTCY COURT FORMS. 183 
 
 tlie Creditors that the estate of said Bankrupt should be wound up and settled, 
 and distribution made among the Creditors by Trustees, under the inspection 
 and direction of a committee of the Creditors of said Bankrupt ; and whereas the 
 above-named [here mention the names of the Trustees m full,] were nominated 
 Trustees by said three-fourths in value of said Creditors, and the said nomina- 
 tion was duly confirmed by the District Court of the United States for the 
 
 district of , in pursuance of the 43d section of the Act of Congress entitled 
 
 ■■ An Act to Establish a Uniform System of Bankruptcy throughout the United 
 States," approved March 2, 1867, this bond is therefore conditioned for the due 
 and faithful discharge of each and every duty as such Trustee, [or Trustees,] and 
 all due compliance with the orders and directions of the Court in the matter of 
 
 Bankruptcy of the said . 
 
 Signed, sealed, and delivered in presence of 
 
 : . [L. S.] 
 
 .[1.3.] 
 
 IVusteei. 
 
 .[L.S] 
 
 . [L.S.] 
 
 .[i.a,] 
 
 Sondsmen. 
 
 EHDOBSEMEKT ON THE ABOVE BOND. 
 
 On the day of , A. D. 18 — , I hereby approve [or, disapprove] of the 
 
 within [or, above] bond as to the Sureties, [or, one of the Sureties,] [or, as to the 
 form thereof; or, as the case may be.] 
 
 U. S. District Judge, [or, Register.] 
 
 ADJUDICATION OF BANKRUPTCY, 
 
 FORM No. 62.— Sec. 39, G. C. 152, p. 78. 
 
 ADJUDICATION OF BANKRUPTCY UPON DEBTOR'S PETITION. 
 
 In the District Court of the United States, for the District of -^ — . 
 
 In the Matter of , "J 
 
 By whom a Petition for Adjudication ( ^ RANKHTTPTrv 
 
 of Bankruptcy was Filed on the ( ^^ Bankbuptot. 
 
 day of , 18 — , in said Court. ) 
 
 At , in said District, on the day of , A. D. 18 — . Before , 
 
 one of the Registers of said Court, in Bankruptcy. 
 District of , ss: 
 
 I, THE Undeesioned, a Register of said Court wi Bankruptcy, upon good 
 "proof before me taken, do find that the said , has become a Bank- 
 rupt within the true intent and meaning of the Act of Congress entitled "An 
 
184 MANUAL OF THE U. S. BANKRUPT ACT, 1867. ^ 
 
 Act to Establish a Uniform System of Bankruptcy throughout the United 
 States," approved March 2, 1867; and I do hereby declare and adjudge him 
 a Bankrupt accordingly. 
 
 Register in Bankruptcy. 
 [N. B.— VThen a Debtor is declared Bankrupt upon a Creditor's Petition, the Order sliould be 
 made by the Court, and entered as an Order of the Court, in substantially the form above prescribed.] 
 
 FOEM No. 63.— Sec. 39, G. C. 152, p. 77. 
 
 ADJUDICATION OF BAWKEUPTCY— CREDITOR'S PETITION. 
 In the District Court of the United States, for the District of . 
 
 In the Matter of 
 
 Bankrupt-. 
 
 [ In Bahkeuptct. 
 
 At , in said District, on the day of , A. D. 18 — 
 
 Before Hon. , Judge of the District of . 
 
 District of , ss : 
 
 This cause came on to be heard at , in said Court, and , [here state 
 
 the proceedings, whether there was no opposition, (or, if opposition,) what proceed- 
 ings were had, and when and where, and what counsel appeared for the seoeral 
 parties.] 
 
 And thereupon, and upon consideration of the proofs in said cause, (and the 
 arguments of counsel thereon, if any,) it was found that the facts set forth in 
 said Petition were true, and it is therefore adjudged that became Bank- 
 rupt within the true intent and meaning of tha Act entitled " An Act to Estab- 
 lish a Unifor«i System of Bankruptcy throughout the United States," approved 
 March 2, 1867, before the filing of the said Petition, and he is therefore declared 
 and adjudged a Bankrupt accordingly. And it is further ordered that the said 
 Bankrupt shall, within five days after the date of this order, make and deliver, 
 or transmit by mail, post paid, to the Marshal, as Messenger, a Schedule of his 
 Creditors, and Inventory of his Estate in the form and verified ii the manner 
 required of the Petitiening Debtor by the said act. 
 / Seal of 1 Witness the Honorable , Judge of the said Court, acd tha 
 
 \ the Court. J 
 
 A. D. 18—. 
 
 seal thereof, at t.t=^, in said District, on the day of , 
 
 Clerk of District Court for said District. 
 
 FORM No. 64.— Sec. 41, G. C. 156, p. 80. 
 
 ADJUDICATION WHERE DEBTOR IS FOUND NOT BANKRUPT. 
 
 In the District Court of the United States, for the District of -^.^j, 
 
 In the Matter of 1 t„ t> . „ „„ „ 
 
 , Bankrupt-. | ^^ Bankeuptot. 
 
 At , in said District, on the day of , A. ]>. 18^ 
 
 Before Hon. , Judge of the District of -^— , 
 
 District of ss: 
 
 This cause came on to be heard at — — , in said Court, and ^ITere state the 
 proceedings, whether there was no opposition, or, if opposed, state what proceeding* 
 
BANKRUPTCY COURT FORMS. 185 
 
 were had, and when and where, and what cownsel appeared for the several par- 
 ties.] 
 
 And thereupon, and upon consideration of the proofs in said cause, (and the 
 arguments of counsel thereon, if any,) it was found that the facts set forth in 
 said Petition were not proved ; and it is, therefore. Ordered, That said Petition 
 be dismissed, and that all proceedings under the same be vacated and annulled. 
 
 {Seal of 1 Witness the Honorable , Judge of the said court, and the 
 the Court. J ggg^i thereof, at , in said District, 6n the day of , 
 
 A. D. 18—. 
 
 Clerh of District Court for said District. 
 
 [N. B. 1. — If default bo made by the Debtor to appear pursuant to the order upon a Creditor's 
 Petition, the subsequent order may be made by a Register in Bankruptcy.] 
 
 [N. B. 2. — If no Schedule of Creditors shall be delivered to the Messenger by the Bankrupt, the 
 Messenger shall prepare such Schedule from the best information he can obtain, and send notices 
 accordingly.] 
 
 MISCELLANEOUS FORMS. 
 
 FOEM No. 65.— Sec. 43, p. 82. 
 
 APPOINTMENT OF TRUSTEES UNDER SEC. 43. 
 
 [Superseding bankrupt proceedings by arrangement,] 
 
 In the District Court of the United States, for the District of . 
 
 In^heMatter^of^^^_ j I- Ba.kk™. 
 
 District of , ss: 
 
 At the meeting of the Creditors of , the Bankrupt — above named, 
 
 held at , in the county of , and State of , on the day of , 
 
 A. D. 18 — , and which was specially called by order of said Court, for the pur- 
 pose of determining in what manner the estate of said Bankrupt — should be 
 wound up and settled, it was resolved by three-fourths in value of the Creditors 
 whose claims have been proved, as follows : — 
 
 1st. That it is for the interest of the general body of the Creditors of said 
 
 , Bankrupt — , that estate should be woundup and settled, and that 
 
 distribution should be made among Creditors by Trustees, under the inspec- 
 tion and direction of a Committee of the Creditors : 
 
 2d. That this resolution be certified and reported to the Court: 
 
 3d. That , be nominated as Trustee to take, hold, and distribute said 
 
 estate ; and 
 
 4th. That , of , , of , and , be the Committee of 
 
 the Creditors under whose direction the said Trustees shall act. 
 
 In witness whereof we, the creditors aforesaid, whose claims have been 
 proven . against said Estate of. said bankrupt, have hereunto subscribed our 
 
186 MANUAL OF THE 0. S. BANKRUPT ACT, 1867. 
 
 names, and set opposite thereto the amount of our respective claims, the 
 
 day of ,A. D. 18— . 
 
 Creditors. 
 
 Amount of Debts. 
 
 Dolls. Cts. 
 
 TJuiTED States of Ameeioa, 
 
 District of , ss : 
 
 A. B., Bankrupt aforesaid, being duly sworn, [or affirmed,] saya that 
 
 the persons whose names are affixed to the foregoing resolutions represent three- 
 fourths in value of all his Creditors whose claims have been provea against his 
 estate. 
 
 Bankrupt. 
 Subscribed and to, before me at , this day of , A. D. 18 — . 
 
 JBegister [or U. S. Commissioner.] 
 
 OEBTIPICATB OE EEMSTEE IHEEEOK. 
 
 In the District Court of the United States, for the District of . 
 
 [In Bankeupict.] 
 —— District of -^ — , ss; 
 
 At , the day of , A. D. 18—. 
 
 I hereby certify that at a meeting of the Creditors of said , held this 
 
 day in pursuance of a notice regularly given according to the provisions of the 
 Act of .Congress entitled " An Act to Establish a Uniform System of Bank- 
 ruptcy throughout the United States,'' approved March 2, 1867, [or, according 
 to the order of the Court, as the case may be,] the above resolutions were adopted 
 and signed by three-fourths in value of the Creditors of said Bankrupt, who were 
 present or were represented at said meeting. 
 
 Register in Bankruptcy. 
 {Siib Form A.] 
 
 OEDEE OF THE OOUET ON ABOVE PEOOEEDISQS. 
 
 In the District Court of the United States, for the District of — — . 
 
 In the Matter of 
 
 -rBrnkrupiH. } I- BAKKEHPTO.. 
 
 District of , ss: 
 
 The foregoing certificate having been filed and read, it is Ordered, That the 
 
 said , shall convey, transfer, and deliver all his property or estate to 
 
 , as Trustee by deed in the following form : 
 
 In the District Court of the United States for said District. 
 District of , ss ; 
 
 This indenture, made this day of , A. D. 18 — , between , {the 
 
 Debtor,) of , in the County of , and State of , and , on bet 
 
BANKRUPTCY COURT FORMS. 
 
 187 
 
 half and with the consent of , Creditors of the said , witnesseth 
 
 that the said (the Debtor) herehy conveys, transfers, and delivers all 
 
 his estate and effects to , absolutely to have and to hold the same in the 
 
 same manner and with the same rights in all respects aa the said would 
 
 have had or held the same if no proceedings in bankruptcy had haen taken 
 against him ; the same to be applied and administered for the benefit of the 
 
 Creditors of said , in like manner as if said had been at the date 
 
 hereof duly adjudged Bankrupt, and the said , (Trustees,) had been ap- 
 pointed assignee- in bankruptcy under said act. 
 
 In testimony whereof, the said , (Debtor,) and the said , (Tnts- 
 
 tees,) in acceptance of said trust, hav§ bereuntg set their hands and seals this 
 day of , A. D. 18—. 
 
 ,. . [L.S.] 
 
 ^anhrupt,loT, Debtor.] 
 Executed iii the presence q£( 
 
 [L. S.] 
 [L. S.] 
 [l. S.] 
 Trustees. 
 This day appeared befor6"'me7a Register in Bankruptcy, the above-named 
 -, (Bankrupt,) and acknowledged the foregoing instrument by him signed to 
 
 be his free act and deed. 
 
 Megister in, Banhruptey, 
 We hereby give our assent to the execution of the above deed : 
 
 Names of Creditors. 
 
 Residence. 
 
 Amount. 
 
 
 
 Dolls. 
 
 Cts. 
 
 
 S 
 
 
 OATH OP BAWKETJPT. 
 
 In the District Court ef the United States, for the - 
 [ In Bankeuptot. 
 
 • District of - 
 
 In the Matter of 
 , Bankrupt. 
 
 I, [or, we] , the said Bankrupt-, being duly sworn, doth depose and say 
 
 ,that conveyed, transferred, and delivered all property to the Trus- 
 tees in the above indenture named, in accordance with the 43d section of an Act 
 'of Congress entitled " An Act to Establish a Uniform System of Bankruptcy 
 throughout the United States,'' approved March 2, 1867, and that'the persons 
 signing their consent to the above conveyance represent three-fourths in value 
 of- all -rrr^ Creditgrs whose claims have been proved against estate. 
 
 Bankrupt-. 
 
188 MANUAL OF THE TJ. S. BANKRUPT ACT, 1867. 
 
 Subscribed and sworn [or affirmed] to, at — — , tbia day of , A. D. 
 
 18-. 
 
 Before me, 
 
 Begister in Bankruptcy. 
 
 I Soal of 1 Witness the Honorable , Judge of the said Court, and the 
 
 I the Court. I ggg^j thereof, at ■^^^, in said District, on the day of r.-^, 
 
 A. D. 18—. 
 
 Clerk of District Court /or saii Didx&t. 
 [Sub Form B.] 
 
 ABVEETISEMENT OF TETJSTEES. 
 
 In the District Court of the United States, for the — — • District of——- 
 
 .In the Ma ttCT^of^^^^ j j^ bakkbupiot. 
 
 This is to give notice that by an indenture bearing date the day of ■ > 
 
 A. D. 18 — , , of , has conveyed and assigned ail his estate and effects 
 
 whatsoever to , as Trustee, upon trust, for the benefit of all the Creditors 
 
 of , and that said conveyance was duly executed according to the pro- 
 visions of the 43d section of an Act of Congress entitled " An Act to Establish 
 a Uniform System of Bankruptcy throughout th« Ueited States," approved 
 March 2, 1867. 
 
 Dated at '=— i this — day of »«=-, A- D; ^^sf. 
 
 Truttees. 
 [Sub Form C] 
 
 OEDEE OP COUKT IHEEEOB. 
 
 At ' , the — ^ day of , A. D. 18—. 
 
 District of , ss ; 
 
 The foregoing proceedings under the 43d section of the Act of Congress en- 
 titled "An Act to Establish a Uniform System of Bankruptcy throughout the 
 United States," approved March 2, 1867, having been placed on file and read, 
 it is 
 
 Ordered, That all proceedings upon said Petition in Bankruptcy be stayed 
 until the further order of the Court. 
 
 (Seal of 1 Witness the Honorable , Judge of the said Court, and the 
 the Court. J g^j^i thereof, at ^»=-, in said District, on the day of - — , 
 
 A. B, 18=r.. 
 
 Clerk of District Court /or said Di^hivL 
 
BANKRUPTCY COUET FORMS. 189 
 
 FOEM No. 66.— Sec. 14, G. C. 46, p. 45, 
 
 ASSIGNMENT OF BANKRUPT'S EFFECTS. 
 
 In tho District Court of the United States, for the District of . 
 
 In the Matter of 
 
 .Bankrupt. } In BANZBnPTOY. 
 
 District of , ss : 
 
 Know all men bt these pbesents, that , of the of , in the 
 
 County of , and State of , in said District ha been duly appointed 
 
 assignee [If more than one assignee is appointed, insert accordingly] in said mat- 
 ter. Now iheeefoeb, I , Judge of said District Court, [or, Register in 
 
 Bankruptcy of said District,] by virtue of the authority vested in me by the 
 14th Section of the Act of Congress entitled "An Act to Establish a Uniform 
 System of Bankruptcy throughout the United States,'' approved March 2, 1867, 
 
 do hereby convey and assign to the said , assignee, as aforesaid, all the 
 
 Estate, Real and Personal, of the said , Bankrupt, aforesaid, including 
 
 all the property, of whatever kind, of which he is possessed, or in which he 
 
 was interested, or entitled to have on the day of , A. D. 18 , with all 
 
 his Deeds, Books, and Papers relating thereto, excepting such property as is 
 Exempted from the operation of this Assignment by the provisions of said 
 Fourteenth section of said Act. [See Q. C. 47, p. 46.] 
 
 To HAVE AND TO HOLD, all the foregoing premises to the said and his 
 
 heirs forever, In tsust, neveetheless, for the use and purposes, with the pow- 
 ers, and subject to the conditions and limitations set forth in said Act. 
 
 In witness wheeeoe, I, the said Judge, [or, the said Register] have here- 
 f 1. 8. 1 nnto set my hand and caused the seal of said Court to be 
 i of the Court. ; affixed, this day of , A. D. 18 . 
 
 U. S. District Judge, [or, Register in Bankruptcy.] 
 
 FOEM No. 67.— Sec. 23, Gr. C. 109, p. 59. 
 
 LETTER OF ATTORNEY TO REPRESENT CREDITOR. 
 
 In the District Court of the United States, for the District of 
 
 In the Matter of 
 
 Bankrupt. } In Bankeupiot. 
 
 To 
 
 Sib-:— 
 
 I, , of the of , in the County of ,'and State of , do 
 
 hereby authorize yon [or, either of you] to attend the Meeting or' Meetings of 
 Creditors of the Bankrupt aforesaid, advertised or directed to be holden at a 
 
 Court of Bankruptcy at , on the day of , A. D. 18 — , the day 
 
 notified in the Warrant issued to the Messenger by said Coutt in said matter, 
 
190 MANUAL OF THE S. S. BANKRUPT ACT, 1867. 
 
 or at such other plase and time as may be appointed by the Court for holding 
 Buch meeting or meetings, [or at which such meeting or meetings, or any 
 adjournment or adjournments thereof, may be held,] and then and there, from 
 
 time to time, and as often as there may be occasion, for , and in 
 
 name, to vote for or against any proposal or resolution that may be then sub- 
 mitted under the 12th, 13th, 14th, 18th, 19th, 21st, 22d, 23d, 27th, 28th, 33d, 
 36th, 37th, 42d, and 43d Sections of the Act entitled "An Act to Establish a 
 Uniform System of Bankruptcy throughout the United States," approved 
 March 2, 1867; and in the choice of assignee or assignees of the Estate of tha 
 
 said Bankrupt, and for [or, either of us] to accept such appointment of 
 
 assignee; and, with like powers, to attend and vote at any other meeting or 
 meetings of Creditors, or sitting or sittings of the Court, which may be holdea 
 therein for any of the purposes aforesaid, or for the Declaration of Dividend, 
 
 for any other purpose in interest whatsoever. 
 
 In witness whereof, have hereunto signed name , and affixed — — 
 
 Seal , the day of , A. D. 18—. 
 
 . [I., s.] 
 
 Signed, Sealed, and Delivered 
 
 in presence of — ■ [i'- *•] 
 
 , [L. B.] 
 
 [ N. B. — The party executing the above letter of attorney may acknowledge the same before a 
 Judge, Register, Clerk, or CommiaBioner of the Court, or any officer authorized to take the 
 acknowledgment of Deeds or other Instruments in Writing. ] 
 
 Upon the above letter of attorney should be endorsed the following Certificate of the Register, 
 to wit: 
 
 "Exhibited to me this day of , A. D. 18—, at . 
 
 U. 3. District Judge, [or, Roister in Bankruptcy."} 
 
 FORM m. 68.— Sec. 23, G. C. 109, p. 59. 
 
 FORM OF SPECIAL LETTER OF ATTORNEY.* 
 
 In the District Court of the United States, for the District of — 
 
 '"^'^Wkrupt. }l-BAHKBnPXor. 
 
 To , : 
 
 SiE: I, [or, we,] , Creditor of , of , in the County of , 
 
 and State of , hereby authorize and empower you [or, either of you] to 
 
 attend the Meeting of Creditors of said Bankrupt , advertised or directed to bo 
 
 holden at , on the day of , A. D. 18 — , at o'clock — M., before 
 
 Mr. , a Register in Bankruptcy of the aforesaid District, [or, on yao day 
 
 and at the time advertised in the and , newspapers; or, on any day of 
 
 adjournment thereof,] and then and there, for and in name , to vote 
 
 * Form No. GT is designed for permanent ttttornoyship, and this form aa & temporar j autliori- 
 Ztttlon— a 0Msi proxy. ^ 
 
BANKRUPTCY COURT FORMS, 191 
 
 for or against any proposal or resolution that may te lawfully made, offered, 
 or passed at such meeting or adjourned meeting; and in the choice of Assignee 
 
 or Assignees of the estate of the said Bankrupt ; and also, for , to accept 
 
 or reject such appointment of [or, as] Assignee. 
 
 Witness hand , this day of , A. D. 18 — . 
 
 Signed, Sealed, and Delivered , 
 
 in presence of Creditor , 
 
 ENDORSEMEST. 
 
 Exhibited to me this day of , A. D. 18 — . 
 
 Begister. 
 
 , B. There should be two witnesseB.] 
 
 FORM No. 69.— Sec. 26, G. C. 114, p. 61. 
 
 SUMMONS OF WITNESS AFTER ADJUDICATION. 
 
 In the District Court of the United States, for the District of — 
 
 '"^'BLkrupt-. }I-BA.ZB.PXC.. 
 
 District of , ss : 
 
 Whereas , of , in the County of , and State of , has heen 
 
 duly declared an adjudged Bankrupt, within the tru^ intent and meaning ol 
 the Act entitled "Au Act to Establish a Uniform System of Bankruptcy through- 
 out the United States," approved March 2, 1867, and such Bankruptcy is in 
 
 due course of prosecution in the District Court of the United States for the 
 
 District of , at , in said District : — 
 
 These are to require you, to whom this summons is directed, personally to ba 
 
 and appear before , Esquire, one of the Registers in Bankruptcy of the 
 
 said Court, acting in the matter of the said Bankruptcy, on the day of 
 
 , at o'clock — . M. , precisely at [Sere insert place of examinaiion] 
 
 then and there to be examined in relation to said Bankruptcy according to the 
 provisions of said Act. 
 
 And hereof fail not. 
 
 Seal of I Witness the Honorable , Judge of the said District Court, 
 
 the Court. J g^jj^ tj^g ggg^i thcreof, at , the day of , A. D. 18—. 
 
 { 
 
 Glerk, etc. 
 To . 
 
 CN.B,— In case the witness is to bo summoned before (ujjudication, the form may be altered, 
 by substituting for the recital, the following words : " JBy virlue of the Petition for Adjudication 
 
 in BankrupUv filed, in said Court by , against , in the District Court of the Unitci 
 
 Stales for the District of ."] 
 
192 MANUAL OF THE U. S. BANKRUPT ACT, 186T. 
 
 eetuen of the above summotts. 
 
 Uhited States of Ambbioa. 
 
 District of , ss : 
 
 On this day of , A. D. 18 — , before me came > — , of , in the 
 
 county of , and State of , and makes , and says that he, this De- 
 ponent, did on , the day of , one thousand eight hundred and 
 
 , personally serve , of , in the county of , and State of 
 
 ,with a true copy of the Summons hereto annexed, by delivering the same 
 
 to , and thereupon paid [or, tendered] to , the sum of , as his 
 
 proper fees for one day's attendance and travel, for miles ; and he, this 
 
 Deponent, further makes and says that he is not interested in the proceed- 
 ings in Bankruptcy named in said Summons. 
 
 Subscribed and to, this day of , A. D. 18 — , before me. 
 
 Megister, etc. 
 
BANKRUPTCY COURT FORMS. 
 
 193 
 
 
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 MANUAL OF THE U. S. BANKRUPT ACT, 18G7. 
 
 FORM No. 71— Sec. 27, G. C. 124, p. 64. 
 
 LIST OF PROOFS AND CLAIMS FOE DIVIDEND. 
 IShort Schedule.] 
 
 In the District Oourt of tho United States, for the District of . 
 
 In the^at^er^o^f^^^^ ^ j^^ Bankeupiot. 
 
 At , in said District, on the day of 18 — . 
 
 District of , ss: 
 
 A List of Debts proved and claimed under the Bankruptcy of , aforesaid, 
 
 with — — Dividend at the rate of per csnt. this day de-clared thereon 
 
 by Mr. , one of the Registers in Bankruptcy of sai<i Court. 
 
 No. 
 
 Creditors. 
 
 To bo placed alphabetically, and tho names of all the 
 parties to the proof to be carefully set forth. 
 
 Sum Proved. 
 
 Dividend. 
 
 
 
 Dollars.. 
 
 Cents. 
 
 Dolls. 
 
 eta. 
 
 I hereby certify to the correct^so of tho above. 
 
 Register in Bankruptcij. 
 
 FORM E'o. 72.— Sec. 31, G. 0. 135, p. 69. 
 
 CBEDITOE'S SPECIFICATION OF GROUNDS OF OPPOSITION TO 
 BANKRUPT'S DISCHARGE.* 
 
 ■ In Bankeuptct. 
 
 In the District Coutt of the United States, for the District of - 
 
 In the Matter of 
 
 , Bankrupt-. 
 
 To Hon. , Judge of the District Court aforesaid : 
 
 [Or, To , Esquire, Register in Bankruptcy of the District aforesaid : 
 
 SlE : I, , of , in the county of , and State of , a Creditor 
 
 of , the Bankrupt aforesaid, having proved debt against said Bank- 
 rupt's Estate, and having received notice of his Petition for a discharge from 
 his debts, hereby oppose the granting of said discharge, and for tho grounds 
 of such opposition file the following specification: [Here insert one or more 
 of the causes which should prevent the granting of the Bankrupt's discharge 
 according to the provisions of Section Twenty-nine of said Act.^ 
 
 Dated at , the day of , A. D. 18—. 
 
 , Oreditor. 
 
 'See Section 84, beneriil Clause 140, p. 71. 
 
BANKEUPTCT COURT BORMft 195 
 
 FOEM No. 73.— Sec. 41, G. C. 156, p. 80. 
 
 DENIAL OP BANKRUPTCY, AND DEMAND FOE JURY BY DEBTOR. 
 
 In tho District Court of the United States, for the District of . 
 
 In tlie Matter of the Petition of "\ 
 
 • Creditor, f j Bankbuptot. 
 
 vs. f 
 , Debtor. ) 
 
 At , in said District, on the day of , A. D. 18 — . 
 
 District of , ss: 
 
 And now, on this return day [or, adjourned return day] for the hearing of 
 
 said Petition, the said appears and denies that he has committed the act 
 
 of Bankruptcy set forth in said Petition, and avers that he should not be 
 declared Bankrupt for any cause in said Petition alleged ; and this he prays may 
 be inquired of by the Court, [or, he demands that the same may be inquired of 
 by a Jury.] 
 
 Witness the Hon. , Judge of the said United States District Court 
 
 Olerk, etc. 
 
 FORM No. 74.— Sec. 24, G. C. 110, p. 59. 
 
 DIMINUTION OF CLAIM. 
 
 In the District Court of the United States, for the District of . 
 
 Inthe^atterof^^^^ } I^ Bakkb^^xo.. 
 
 At , in said District, on the day of , A. D. 18 — . 
 
 District of , ss : 
 
 Upon the evidence submitted to this Court upon the claim of against 
 
 said estate, [and, if the fact he so, upon hearing counsel thereon,] it is Ordered, 
 
 That the amount of said claim be reduced from the sum of , as set forth in 
 
 the affidavit in proof of claim filed by said Creditor in said case, to the sum 
 
 of , and that the latter-named sum be entered upon the books of the 
 
 Assignee as the true sum upon which a dividend shall be computed, [If with 
 
 interest, insert: — ^with interest thereon from the — = — day of , A. D. 
 
 18-.] 
 
 Witness the Hon. ■ , Judge of the said United States District Court. 
 
 Clerk, etc. 
 
196 MANUAL OF THE V. S. BANKRUPT ACT, 1867. 
 
 FORM Fo. 75.— Sec. 22, G. 0. 106, p. 58. 
 
 EXPUNGING, OR ALLOWANCE OF CLAIM. 
 
 In the District Court of the United States, for the District of — 
 
 In th") Matter of 
 
 !,Xn°kr„pt-. ll-BA.KB.rTOT. 
 
 At , in said District, on the day of , A. D. 18- 
 
 ■ District of , ss: 
 
 Upon the evidence submitted to the Court upon the claim of ■ 
 
 against said estate, [or, and upon hearing counsel thereon,] it is Ordered, That 
 said claim be disallowed and expunged from tho list of claims upon the 
 Assignee's record in said case. 
 [Or, . 
 
 It is ordered that said claim be established to the full amount [or, if only in 
 part so state] thereof. 
 
 Witness the Hon. , Judge of said United States District Court. 
 
 Clerk, etc 
 
 FORM No. 76, 
 
 ADMISSION OF DEBT BY DEBTOR OF BANKRUPT. 
 
 In the District Court of the United States, for the District of . 
 
 In_theMat^t. of^^^_ } Ih Ba.kb.pw. 
 
 At , on the day of , A. D. 18—. 
 
 I, the undersigned, , of , in the county of , and State of , 
 
 do hereby acknowledge that I am indebted to , tho abovo-unmed Bank- 
 rupt, in the sum of dollars and cente, for and on account of — [Il&re par- 
 
 i/kularly describe how the indebtednest arose, and whetjier for balance of account*, 
 or what.] 
 
 Witness: Debtor, &c. 
 
 U. 8. Judge, Begister, Assignee, or U. S. Com. 
 
BANKRtrPTCT COUET FORMS. 
 
 197 
 
 In the matter of 
 , Bankrupt-. 
 
 FORM Fo. 77. 
 
 IKTTER TO DEBTOR FROM ASSIGNEE. 
 
 In the District Court of the United States, for the District of k 
 
 [ In Bankeuptot. 
 
 At , on the day of , A. D. 18 — . 
 
 Sib : By the books and statements, which, according to law, have been placed 
 in my [or, our] possession as the duly appointed assignee [or, assignees] in Bank- 
 ruptcy, of -the estate of , of , Bankrupt , you appear to be indebted 
 
 to said estate in the sum of dollars and cents,* which I [or we] hereby 
 
 request may be paid to me [or, us] at office [or, into court ; or, to the 
 
 clerk of the District Court of the District aforesaid; or, to , Register in 
 
 Bankruptcy for said District ;] at , on or before the day of , A. D. 
 
 18—. 
 
 If the claim is incorrect, or any ofljection intended to be made to the pay- 
 ment thereof, , request the favor of being immediately apprised thereof. 
 
 [Or, add after the * 
 
 If the claim be not paid on or before the day of , A. D. 18 — , legal 
 
 proceedings to compel the same will be instituted. 
 
 Bring this letter with you if you call, or if you write, refer to the estate. 
 I, [or, we] , sir, your obedient servant-, 
 
 To. 
 
 Assignee-, &c. 
 
 FORM Ifo. 78. 
 
 DIVIDEND WARRANT. 
 
 JVo Dividend Waeraht. 
 
 Estate of , Bafiknt/pt. 
 
 Dividend of per cent. 
 
 Oee&itor, 
 
 R^i^^ at 
 
 Amaumt of DM, $ 
 
 Ainount of JDimdend, $ 
 
 Received Warrant foT% 
 
 Dividends on above JSstate,this 
 day of ,A.D.1S... 
 
 Creditor. 
 
 DrvmBND Waeuaht. 
 
 In the District QntrtoftJie United States, for the District of .. 
 
 In the Matter of \ t„ 7j„«t««,«*™, 
 Bankru^pti^'' SanXrwpicy. 
 
 Jt , the day of A. 2), 18.. 
 
 Bank . 
 
 Pay to or order, one of the Oreditors of the Ustate of , 
 
 Bankni^, the sum of dollars,ihat being the amount of Dividend 
 
 of per cenUvpon his debt, declared the day of ,A.D. 
 
 18... 
 
 : Jfit. Rev. ; 
 • Stamp. • 
 
 Assiffnee, etc. 
 
 [N. B. — If any other person than the Creditor, or person duly authorized by the Creditor, or 
 his executor, administrator, or legal representative, claims to be paid the Dividend, the party bo 
 claiming must obtain an order for payment thereof upon the Warrant, signed by a Register in 
 Bankruptcy.] 
 
198 
 
 MANUAL OF THE V. S. BANKRUPT ACT, 1867. 
 
 FORM No. 79. 
 
 BEOEIPT TO DEBTOR OF BANKRUPT. 
 
 JVo 
 
 Date, day 
 
 Estate of 
 
 of 18 
 
 No t 
 
 In tJielHstrict OouHoftlie ITntted States, for the JHstrieiof 
 
 In the Matter of \ r„ d™i™.„(»„ 
 Bankrupt. J ■"' ^aiilimptcy. 
 
 
 
 
 District of , ««; 
 
 
 At , the day of , A. B. 18... 
 
 
 Beceived of Mr , the sum of doUars and ceMs, due 
 
 to the dbov&^umed Estate of Barikrw^. 
 
 
 
 '■' 
 
 \ -^o^- 1 Segister, [or, Assi3nee.-\ 
 
 
 
BANKKUPTOY COURT lORMS. 199 
 
 VARIOUS ORDINARY FORMS OF PROOF 
 OF DEBTS. 
 
 [N. B. The following Forms will be found very useful in 
 preparing Proof of Debts by way of Deposition. As they 
 are so general in their character, it was deemed best not 
 to arrange them with the more Specific Forms of Proof under 
 the head of "Depositions and Affidavits," (p. 167,) where, 
 if they were in separate order, they should be placed."' 
 
 GEIOIRAL FORM. 
 
 In the District Court of the United States, for the District of . 
 
 At , in said District, on the day of , A. D. 18 — . 
 
 —. — District of , ss: 
 
 Before Hon. [or Mr.] , Judge of \or a Register of] said District Court 
 
 in Bankruptcy. 
 
 A. B., of , in the county of , and State of , merchant, being 
 
 eworn [or, affirmed] and examined at the time and place aforesaid, upon his oath, 
 [or, affirmation,] says : 
 
 That the said , against whom a petition for adjudication in Bankruptcy 
 
 has been lately filed, and is now in prosecution, was at the time of filing the 
 said pelition, and still is, justly and truly indebted to this deponent [add, and to 
 
 G. D., his oo-partner, if so] in the sum of dollars and cents, [in words at 
 
 length,'] for goods, wares, and merchandise sold and delivered by this deponent 
 [add co-partner, if so] to the said Bankrupt at his request, for which said sum of 
 
 $ , or any part thereof, this deponent hath not, nor hath his said co-partner, 
 
 nor any person, by his [or their] order, or to this deponent's knowledge or be- 
 lief, for his [or their] use, received any security or satisfaction whatever, save 
 and except — [Sere particularly set out the securities, and follow with signature of 
 deponent, and verification, to be taken before any U. 8. District Judge, Register in 
 Bankruptcy, or U. 8. Com., as the case may be.] 
 
200 MANUAL OF THE TT. S. BANKRUPT ACT, 1867. 
 
 ORDmAET FORMS OF PROOF. 
 
 By a married woman-l , the wife of , [at present,'] residing at 
 
 ■ , in the county of , and State of , makes oath [or affirmation] and 
 
 says : That, etc. 
 
 By a partner in a Banking firm.] , of, &c., one of the firm of , 
 
 composed of , and , , united in co-partnership for the pur- 
 pose of carrying on the business of bankers in , makes oath [or affirmation] 
 
 and says, etc. 
 
 By the Secretary or other officer of a Railroad Corporation.] , of, Ac, 
 
 *he Secretary [or other proper officer] of the Eailroad Company, makes 
 
 oath lor affirmation] and says : That the said Eailroad Company was 
 
 incorporated by Act of , passed, &c., entitled an Act, &c. That he, this 
 
 deponent, is Secretary [or ] of the said Company, and is authorized to 
 
 make this proof on behalf of said Company. And this deponent says that 
 
 is truly and justly indebted to said Eailroad Company in the sum of $ , 
 
 for, etc. 
 
 For goods supplied to order.]-^'For goods supplied and delivered to ,by 
 
 the order and at request of the said , Bankrupt, for which, etc. 
 
 For goods sold and money loaned.] — Upon a balance of account for goods sold 
 
 and delivered by this deponent to the said , Bankrupt, at his request, 
 
 and for money loaned or advanced by this deponent to the said , byway 
 
 of discount, at his request, and upon the security of the under-mentioned bills 
 of exchange, to the full account of such bills, less the legal discount thereof, for 
 which, etc. 
 
 For goods sold and work done.] — For goods sold and delivered, and work and 
 labor done by this deponent for the said , at his request. 
 
 For work done, goods sold, money loaned, and for commission.] — Being the 
 balance of an account rendered for work and labor done, and performed, and 
 materials for the same, provided by this deponent for the said , Bank- 
 rupt, at his request, and for money loaned, and paid by this deponent to and for 
 
 or on behalf of the said , and for commission upon certain works on the 
 
 estates of the said , at , performed and executed under the superin- 
 tendence of this deponent for the said , and at his request, for which, etc. 
 
 For goods sold, and interest upon a Bill of Exchange.] — For goods sold and 
 
 delivered by this deponent to the said , Bankrupt, at his request, and in 
 
 the further sum of $ , for interest upon the first of the under-mentioned bills 
 
 of exchange from the day of , 18—, to the day of , 18 — , for 
 
 which, etc. 
 
 For goods sold but not delivered at the time.] — For goods sold by this deponent 
 
 to the said , Bankrupt, on the day of , A. D. 18 — , and shortly 
 
 afterwards delivered by this deponent to the said , previously to his 
 
 bankruptcy, and at his request. 
 
BANKRUPTCY COURT FORMS. 201 
 
 For money loaned and money paid.'] — For money loaned and advanced bj' 
 
 this deponent to the said , Bankrupt, at his request, on the day oi 
 
 , A. D. 18—, and for money paid by this deponent to , for the said 
 
 , at his request, for whioh, etc. 
 
 For balance of money loaned.] — For balance of principal money loaned and 
 
 advanced by me to the said , Bankrupt, at his request, and | , for 
 
 interest thereon from the day of , A. D. 18 — , down to the date of the 
 
 said petition, for which, etc. 
 
 For money paid and shares sold.] — For money paid by this deponent for the 
 
 said , Bankrupt, at his request, and for shares in the Company, 
 
 sold and delivered by this deponent to the said , at his request, for 
 
 which, etc. 
 
 For money paid, laid out, etc.] — For money paid, laid out, and expended by 
 
 this deponent for the said , Bankrupt, at his request, between the . 
 
 day of , A. D. 18—, and the day of , A. D. 18—, for which, etc. 
 
 For board and maintenance, clothes, etc. , and money loaned.] — For the board, 
 maintenance, and education of one , the brother of the said , Bank- 
 rupt, and for clothes and other necessaries found and provided for, and for 
 monev advanced to the said , at the request of the said , etc. 
 
 For premiums paid on Policies of Insurance.] — For money paid, laid out, and 
 expended by this deponent and his said co-partner in respect of premiums on 
 divers policies of insurance effected by this deponent and his said co-partner for 
 and on behalf of the said , Bankrupt, and at his request, and for com- 
 mission payable for effecting such insurances, for which, etc. 
 
 For money paid to a third party.] — For money paid by this deponent to the 
 
 use and at the request of the said , Bankrupt, on or about the day 
 
 of , A. D. 18 — , to , the executor of the last will and testament of 
 
 the late , deceased, for which, etc. 
 
 Upon a check received from, a third party!] — In the sum of % , being the 
 
 amount of a check received by this deponent from one , [or, from 
 
 , and , trustees of the , the makers,] the drawer thereof, for 
 
 which, etc. 
 
 For money had and received.] — Being money had and received by the said 
 , Bankrupt, from , to and for the use of this deponent, for which, etc. 
 
 For money found due upon a stated account.] — For money due to this deponent 
 
 from the said , Bankrupt, previous to the date of the above-mentioned 
 
 petition for money loaned by this deponent to the said Bankrupt, at his request, 
 for money received, etc., and for money found to be due to this deponent from 
 the said Bankrupt upon accounts stated between them, for which, etc. 
 
 Another form.] — Being the balance of an account for moneys had and received 
 
 by the said , Bankrupt, to and for the use, and on the account of this 
 
 deponent, for which, etc. 
 
 For the value of goods entrusted to the Bankrupt for sale.] — Being the value of 
 certain goods and chattels prior to the date of the said petition, entrusted by this 
 
202 MANUAL 01? THE U. S. BANKRUPT ACT, 1867. 
 
 deponent to the said , Bankrupt, for sale by the said , Bankrupt, 
 
 as the agent for, and on behalf of this deponent, the particulars of which goods 
 and chattels are hereunto annexed, for which, etc. 
 
 For worh and lahor.'] — For work and labor done, and materials found and 
 provided by this deponent for the above-named , Bankrupt, at his re- 
 quest, and for which, etc. 
 
 By Solicitor or Attorney for his bill of costs.] — For professional work, labor, 
 care, diligence, and attendance done, performed, and bestowed by this deponent 
 as an attorney and solicitor, in and about prosecuting, defending, and soliciting 
 of certain causes and business, and in and about preparing, drawing, copying, 
 and engrossing of certain deeds and writings for the said Bankrupt, on his re- 
 tainer, [or, otherwise,] and for certain fees and moneys due and payable to this 
 deponent in respect thereof, for which, etc. 
 
 Another form.l — For the costs and expenses incurred by this deponent, in and 
 about the preparation of a certain memorandnm of agreement for release, dated 
 
 the day of , A. D; 18 — , between , of the one part, and the 
 
 said , Bankrupt, of the other part, whereby the said agreed to 
 
 grant to the said , Bankrupt, a lease of certain premises situated at 
 
 , which costs and expenses were by the said agreement agreed to be paid by 
 
 the said -j , and which have been duly paid by this deponent, for which, etc. 
 
 By a Surgeon.] — For professional work done and attendance given by this 
 deponent as a surgeon and apothecary, in and about the healing and curing ol 
 divers diseases, disorders, and maladies of the workingmen employed by the 
 
 said , Bankrupt, upon certain- works at the works, in , in the 
 
 County of , and State of , and at his request, and also for medicines, 
 
 chattels, and things administered, supplied, and delivered, found and provided 
 by this deponent, to and for the said , and at his request, for which, etc. 
 
 By a Veterinary Surgeon.] — For work and labor, care, diligence, and attend- 
 ance done, performed, and bestowed as a veterinary surgeon for the said , 
 
 Bankrupt, and at his request, in and about the healing and curing his horses, 
 mares, and geldings of divers diseases, disorders, and maladies under which they 
 have respectively labored and languished ; and for divers medicines and neces- 
 sary things found and provided, administered, delivered, and applied by this 
 
 deponent on those occasions for the use of the said , .Bankrupt, at his 
 
 request, for which, etc. 
 
 By a Printer.]— 'For printing done and materials provided by this deponent 
 
 for the said , Bankrupt, at his request, prior to his bankruptcy, for which, 
 
 etc. 
 
 By a Landlord.]— ¥ox the rent of stabling at , let by this deponent, from 
 
 the day of , A. D. 18—, to the day of , A. D. 18—, at % 
 
 per annum, to the said , Bankrupt, at his request, for which, etc. 
 
 By a Landlord, for Breakages, cic. ]— For breakages of fixtures and furniture 
 
 of a certain dwelling-house [or store or any other building, etc.,] situate at , 
 
 in the County of , and State of , held by the said , Bankrupt, of 
 
 this deponent, under an agreement, for which, etc. 
 
BANKRUPTCY COURT EORMS. 203 
 
 For Brokerage and Commission.] — For work and labor, o^r^ and diligence done, 
 
 performed, and bestowed by this deponent as the brokef and agent of the said 
 
 , Bankrupt, in and about the selling and the disposing of certain goods 
 
 of the said , Bankrupt, at his request ; and in and about other business 
 
 of the said , at his request, for which, etc. 
 
 Another form.] — For brokerage and commission due to this deponent from the 
 
 said , Bankrupt, in respect of work and labor done for him at his request, 
 
 for which, etc. 
 
 For Commission.] — The commission on , being at the rate of per 
 
 centum upon the amount of outlay taken upon the total amount of , made 
 
 and incurred by this deponent for and on behalf of the said , Bankrupt, in 
 
 respect of sales effected by this deponent, to that amount for the said Bankrupt 
 and at his request, for which, etc. 
 
 For Premiums in respect of Insurances.] — For money paid for premiums of in- 
 surance by this deponent to the said , Bankrupt, athia request, for which, 
 
 etc. 
 
 By a Carrier.] — For the carriage of goods by this deponent for the said , 
 
 Bankrupt, at his request, for which, etc. 
 
 By a Hailroad or Express Company.] — For the carriage of goods by the said 
 
 company for the said , Bankrupt, at his special instance and request, for 
 
 which, etc. 
 
 By a Clerk.] — For salary as superintendent of works, [or store, or other busi- 
 ness,] carried on by the said , Bankrupt, at , from the day of 
 
 , A. D. 18 — to the day of , A. D. 18 — , [the date of the said peti- 
 tion,] at the rato of $ , per annum, for which, etc. 
 
 Another form.] — For services rendered by this deponent, as clerk to the saiji 
 » , Bankrupt, at his special instance and request, for which, etc. 
 
 By a Workman.] — Being wages due to this deponent, from the day of 
 
 , A. D. 18 — , to the day of , A. D. 18 — , both inclusive, at the 
 
 rate of $ , per annum, for services [Sere describe the services] rendered by 
 
 this deponent, for the said , Bankrupt, at his special instance and request, 
 
 for which, etc. 
 
 By a Servant] — For wages due to this deponent, as the servant [or as the gar- 
 dener, or other domestic employee] of the said , Bankrupt, from the 
 
 day of , A. D. 18—, to the day of , A. D. 18 — , at the rate of 
 
 $ per annum, for which, etc. 
 
 Another form.] — For v/ages due to this deponent for services as a nursery- 
 maid, [or chamber-maid, or laundress, or other house servant,] done and per- 
 formed by hor in the family of the said , Bankrupt, for which, etc. 
 
 For wages and for money paid on account of the Bankrupt.] — Being the sum of 
 
 $ , for wages due to this deponent for services as a housekeeper, done and 
 
 performed by her in the family of the said , Bankrupt, from the 
 
 day of , A. D. 18—, to the day of , A. D. 18—, at the rate of 
 
 $ per annum, and the sum of $ , for money paid, laid out, and expended 
 
204 MANUAL OP THE U. S. BANKRUPT ACT, 186T. 
 
 by this deponent to and for the use of the said , Bankrupt, and at his 
 
 request, for which, etc. 
 
 Another form.] — For months' salary, down to the day of , A. D- 
 
 18 — , at the rate of $ per annum, for which, etc. 
 
 For Detective or Police services.] — For services rendered by the Metropolitan 
 
 Police Force [or other detective agency, or organization] to the said , 
 
 Bankrupt, pursuant to a verbal agreement and at his request, for which, etc. 
 
 For worh done and materials found and the hire of a vehicle, etc.] — The sum of 
 
 $ , part thereof being for work and labor done and materials found by this 
 
 deponent for the said , Bankrupt, at his instance and request, and the 
 
 residue of said sum of $ , amounting to $ , being for the hire of convey- 
 ance of this deponent by the said , Bankrupt, for which said sum of 
 
 $ , and [whole debt,] etc. 
 
 For hire of Boats and worh and lalor.] — For the hire of boats and barges, and 
 
 for work and labor done by this deponent for the said , Bankrupt, at his 
 
 special instance and request, for which, etc. 
 
 For hire of a Barge.] — For the hire of the barge , from the day of 
 
 , A. D. 18 — , down to the day of , A. D. 18 — , at the rate of | 
 
 per diem, of this deponent, by the said , Bankrupt, for which, etc. 
 
 For the hire of Drays or Carts.] — -For the hire of certain carts and drays of this 
 
 deponent, by the said , Bankrupt, between the day of , A. D. 
 
 18 — , and the day of , A. D. 18 — , for which, etc. 
 
 By holder of a promissory note against the last endorser.] — As endorsee of a cer- 
 tain promissory note of certain persons named , and , for that amount, 
 
 dated the day of , A. D. l8 — , [in words] payable one year after date 
 
 to the directors of the Company, or order, and endorsed by the said , 
 
 and , and also by , and , as the directors of the said Company, 
 
 to the said , Bankrupt, and by him endorsed to this deponent, [and his 
 
 said co-partners,] and also in the further sum of ip for interest upon the said 
 
 sum of $ , at the rate of per centum per annum, from the day of 
 
 , A. D. 18 — , to the day of , A. D. 18 — , the date of the said peti- 
 tion, mcvking together the sum of $ , [principal and interest,] the considera- 
 tion for which said promissory note was money advanced and loaned by this 
 deponent [and his co-partners] to the full amount thereof, less the legal rate of 
 discount ; and this deponent further says, that the said promissory note was 
 duly presented for payment when the same became due, ind was dishonored, 
 and that due notice of such dishonor was given by this deponent [and his said 
 
 co-partners] to the said , Bankrupt, and likewise of the dishonor of the two 
 
 several bills of exchange hereinafter mentioned and exhibited as securities, and 
 for which, etc. 
 
 By Endorsee of a Bill of Exchange.] — As the endorsee of a certain bill of exchange 
 drawn by one , upon and accepted by the said , Bankrupt, pay- 
 able to the said , or to his order, and by the said endorsed to this 
 
 deponent, the consideration for which said bill was money to the full amount 
 
BANKRUPTCY COURT EORMS. 205 
 
 thereof, advanced by this deponent to the said , less the legal rate of 
 
 discount, [or, for value received if less than the amount of the bill was paid,] for 
 ■which, eta. 
 Another form.] — As endorsees of the two several bills of exchange hereunder 
 
 specified, amounting together to the sum of $ , and drawn by & Co. , 
 
 upon and accepted by the said , and endorsed to the deponent for goods 
 
 Bold and delivered to the said & Co., at their request, for the full amount 
 
 of such bill, for which, etc. 
 
 By an Endorsee for value of Foreign Bills.] — In the sum of $ , that is to 
 
 say, in the sum of $ , for principal moneys due to this deponent as the 
 
 endorsee of three several under-mentioned foreign bills of exchange, respect- 
 ively drawn by & Co., at , each in two parts upon and [or, the respect- 
 ive first parts thereof] by the said , Bankrupt, payable respectively to 
 
 the order of , sixty days after sight, and by the said , [in the said 
 
 respective first parts thereof,] respectively endorsed to one , and by him 
 
 respectively endorsed to this deponent for money loaned and advanced by this 
 
 deponent to the said , upon and in respect of the same, to the amount of 
 
 $ ; and this deponent further says, that all the said three bills of exchange 
 
 were re.spectively paid in by the said , to his account with this deponent, 
 
 as the banker of the said , and that in respect thereof this deponent 
 
 advanced to the said divers Sums of money, amounting together to 
 
 the aforesaid sum of $ ; and this deponent further says, that all the said 
 
 bills have been dishonored, and are now held by this deponent as the lawful 
 holder thereof, respectively overdue and unpaid ; and this deponent further 
 says, that the said is also justly and truly indebted to him in the fur- 
 ther sum of $ , incurred by him for the expenses of presenting and noting 
 
 the sa,id three several bills of exchange, for which said sums of $ and 
 
 $ , together amounting to the sum of f , this deponent hath not received, 
 
 save and except the three bills of exchange in the first schedule hereunder 
 written, [or, hereto annexed,] and certain other bills of exchange in the second 
 schedule thereof hereunder written, [or, hereto annexed,] that is to say : 
 
 Schedule 1. 
 
 Schedule 2. 
 And this deponent further says, that he is entitled to, and claims all the said 
 bills of exchange as security for the said sum of $ , [whole amount of ad- 
 vances,] principal money, due in respect of the said advances made by this de- 
 ponent to the said , as aforesaid, besides interest and commission thereon, 
 
 and the costs, charges, and expenses incurred by this deponent in respect of the 
 three first mentioned bills, and incidental to the dishonor thereof respectively. 
 
 By Endorsee for a Bill of Exchange, and charges and costs of action.] — As en- 
 dorsee of a certain bill of exchange, hereinafter mentioned, drawn by one , 
 
 upon and accepted by the said , Bankrupt, payable to the said , 
 
 or his order, and by the said endorsed to this deponent ; and which said 
 
 bill of exchange is now overdue and unpaid, and in the further sum of $ , 
 
 being notarial charges and costs incurred by this deponent at a certain action 
 
 brought by the said against the said , in Court, at , and 
 
 ivJiJnb "aid costs and charges were duly taxed and allowed by the court at the 
 
206 MANUAL OF THE V. S. . BANKRUPT ACT, 1867. 
 
 Bum of $ , as appears by the judgment of the said Court, hereinafter 
 
 also mentioned, for which, eta. 
 
 By Endorsees upon Bills of Exchange with deductions.^ — In the sum of 
 upon the several bills of exchange, hereinafter mentioned, drawn by 
 
 upon, and accepted by , Bankrupt, after setting off and deducting the 
 
 sum of $ , due from this deponent to the said , Bankrupt, in respect 
 
 of other transactions between them, the consideration for which said bills was 
 
 money loaned and advanced by this deponent to the said , to the full 
 
 amount thereof, "less the legal discount, for which, etc. 
 
 By Joint-Stock Bank upon Bills of Exchange.}— Is justly and truly indebted 
 
 unto the said Banking Company in the sum of $ , by virtue of the 
 
 under-mentioned bills of exchange,- the consideration for which was money 
 
 loaned and advanced by the said banking company to , the last endorsees 
 
 thereof, on the discount thereof, to the full amount thereof, less the legal dis- 
 count, for which, etc. 
 
 Upon Bills of Exchange by the Banh.'] — In the sum of $ , being the bal- 
 ance due upon the bill of exchange hereunder specified, the full amount of 
 which said bill, after deducting the legal discount thereon, was advanced and 
 paid by the said Bank to the last endorser or endorsers thereof, respect- 
 ively. And this deponent further says, that the said Bank has not, nor 
 
 has any person or persons, by the order of said Bank, or for the use of 
 
 said ■ Bank, to the knowledge or belief of this deponent, received any 
 
 security or satisfaction whatsoever for the said sum of $ , or any part 
 
 thereof, save and except the said bill of exchange, the particulars whereof are 
 set forth in the schedule hereunder written, [or, hereto attached.] 
 
 By Joint-Stock Banking Company upon an overdrawn banking account.] — Is 
 
 justly and truly indebted to the said co-partnership, in the sum of $ , for the 
 
 balance of a banking account, or account-current, between the said and 
 
 the said co-partnership, called the account, being for money paid by the 
 
 said co-partnership to and for the use of the said , Bankrupt, at big 
 
 request, and before his bankruptcy, and for interest thereon, down to the date 
 
 of the said petition, such interest being due and payable by the said , 
 
 according to the agreed course of dealing between the said and the 
 
 said co-partnership, for which, etc., save and except a bill of sale, dated the 
 
 day of , A. D. 18 — , of the farming stock in the farm, situated in 
 
 , in the County of and State of , etc., to secure the payment of the 
 
 sum of $ and interest, which said bill of sale this deponent doth hereby 
 
 surrender and give up for the benefit of the creditors clainjing or seeking relief 
 under the said petition. 
 
 By a Joint-Stock Banking Company, under a Bill of Sale, and an award.] — ■ 
 
 Is justly and truly indebted to the said co-partnership in the sum of $ , for 
 
 principal and interest down to the date of the said petition, under and by vir- 
 tue of a certain indenture, bearing date the day of , A. D. 18 — , and 
 
 made between the said , Bankrupt, of the one part, and , as the 
 
 duly authorized officer of the said co-partnership, party of the other part, being 
 a bill of sale of , etc., in the dwelling-house in , in the occupation of 
 
BANKRUPTCY COURT FORMS. 207 
 
 the said , Bankrupt, in, etc., to secure the payment of the sum of $ 
 
 and interest to the said , for which, etc., save and except the said inden- 
 ture, and also the award of , dated the day of , 18—, which this 
 
 deponent doth hereby surrender and give up for the benefit of the creditors 
 claiming or seeking relief under the said petition. 
 
 Form of Proof sworn abroad upon a Banker's Cheque.] , of , in 
 
 the Empire of France, hotel proprietor, makes oath and says, that , Bank- 
 rupt, by, &c., is justly and truly indebted to this deponent and to , his co- 
 partner, in the sum of , principal money, as the payer of a certain draft or 
 
 order in writing hereunder mentioned, for the payment of money called bank- 
 er's cheque, made and drawn by the said , Bankrupt, to this deponent, 
 
 who duly presented it for payment ; but the same was not then paid by the said 
 bahking company, and is now held by this deponent as the lawful holder 
 
 thereof, dishonored and unpaid, and which said sum of , is still due and 
 
 owing to this deponent and his said partner, for meat, drink, board, lodging, 
 and hotel accommodation, found and provided by this deponent for the said 
 , Bankrupt, in the month of , 18 — , and, at his request for which, &c. 
 
 By a Creditor of a Bank upon a Drawing Account] — Upon the balance of 
 
 account for money had and received by the said , Bankrupt, and , 
 
 as the bankers of this deponent, [and his said late co-partners,] and still retained 
 
 ' by the said , Bankrupt, and , to and for the use of this deponent, 
 
 and on his account, for which, &a. * 
 
 Another form.] — Upon the balance of account between the said Bankrupts 
 and this deponent, for moneys had and received by the said Bankrupts to and 
 for the use of this deponent, and on his account, within six years now last past, 
 that is to say, since the year 18 — , for which, &o. 
 
 By a Creditor upon a Banking Account.] — Upon the balance of a banking 
 account kept by this deponent with the banking house of the said Bankrupts, 
 and being money had and received by the said Bankrupts to and for the use of 
 this deponent, and on his account, for which, &c. 
 
 Another form.] — Upon the balance of an account kept by this deponent with 
 the said Bankrupts, as navy agents, carrying on business under the name or 
 style of & Co., and being money, &c.; [as in the last preceding form.] 
 
 ■ By a Husband in right of his Wife, in respect of a Banking Account kept by 
 
 her.] — Justly and truly indebted unto this deponent, in right of , his wife, 
 
 in the sum of , &c., upon the balance of a hanking account kept by the 
 
 said , his wife, with the banking house of the said Bankrupts, and being 
 
 money had and received by the said Bankrupts to and for the use, and on the 
 account of this deponent, in right of the said , his wife, for which, &c. 
 
 By Husband and Wife in respect of Separate Estates of the Wife.] — Justly 
 
 and truly indebted to this deponent , in her own right and as part of her 
 
 separate estate, independent of her said husband, in the sum of , being the 
 
 balance of account for money had and received by the said Bankrupts to and 
 
 for the sole and separate use of the said , [wife,] for which said sum of 
 
 , or any part thereof, these deponents have not, nor has either of them, nor 
 
 any person, &C. 
 
208 MANUAL OP THB U. S. BANKKUPT ACT, 1867. 
 
 By a Married Wbmanin respe ^ of a Cash Balance.] — Being the cash balance 
 of an account for moneys had and received by the said Bankrupts to and for the 
 use of this deponent, and forming part of her separate estate, for which, &c. 
 
 Another form.] — Upon the balance of a banking account kept^by this deponent 
 as a/eme sole with the banking house of the said Bankrupts, and being money 
 had and received by the said Bankrupts, to and for the use of this deponent as 
 Buch/cme sole, and forming part of her separate estate, for which, &o. 
 
 In respect of a College Banking Account] — Is justly and truly indebted unto 
 this deponent as such (warden,) as aforesaid, and to the fellows of the said col- 
 lege, &o., upon the balance of a banking account kept by the said warden and 
 fellows with, &a. 
 
 By a Trustee on behalf of himself a-id his co- Trustee.] — Unto this deponent and 
 
 to , as trustees of the children of the late , deceased, under the 
 
 will of the said , in the sum of , upon the balance of a banking 
 
 account kept by this deponent and his co-trustees with, &c. 
 
 By a surviving Trustee.] , of, &c., the sole surviving and continuing 
 
 trustee of, &c., makes oath and says that, &o., unto this deponent, as such sole 
 surviving and continuing trustee as aforesaid, and to the directors for the time 
 being of the aforesaid society, in the sum of upon the balance of a bank- 
 ing account kept by this deponent as such trustee, as aforesaid, and the said 
 directors for the time being, on behalf of the said society, with the banking 
 house of the said Bankrupts, and being money had and.received by the said 
 Bankrupts to and for the use of this deponent, as such trustee as aforesaid, 
 and the said directors, for the time being, on behalf of the said society, and on 
 their account, for which, &o. 
 
 Executors or Administrators upon a Banking Account.] — Is justly and truly 
 
 indebted unto this deponent on a joint account with , of , &c., and 
 
 , of , Esq., as executors under the will [or, as legal or personal 
 
 representatives] of , late of • , in the County of , widow, in 
 
 the sum of , upon the balance of a banking account, kept by this deponent 
 
 with the said and , with, &o. 
 
 Another form.'] — Is justly and truly indebted unto this deponent and his co- 
 executor , of, &c., in the sum of , upon the balance of a banking 
 
 account kept .by the said , deceased, in his lifetime, and upon the balance 
 
 of a banking account kept by this deponent and his said co-executor since the 
 decease of the said , with the banking house of, &c., for which, &c. 
 
 Another form.]—Vnto this deponent, as surviving executor of the last will 
 
 and testament of, &c., deceased, in the sum of , upon the balance of an 
 
 account kept by this deponent and , since deceased, as executors of the 
 
 said , with the banking house, &c., for which, &c. 
 
 By an Administrator.] , of, &o., the legal personal representative of 
 
 his late father, , deceased, being sworn, &c., is justly and truly indebted 
 
 unto this deponent as such legal personal representative of his said father, 
 deceased, who was the surviving trustee of and under the indenture of settle- 
 ment, bearing date, Ac., and expressed to be made between , of the first 
 
BANKEUPTCY OOURT FORMS. 209 
 
 part, and -, of the second part, and — ^— and , of the third part, 
 
 in the sum, <Si;c. 
 
 Sy an Executor for Salary. \ , of, Ac, one of the eieoutora of , 
 
 deceased, being sworn, &c.,is justly and truly indebted to this deponent, and 
 
 to , this deponent's co-executor, in the sum of , for salary due and 
 
 payable from the said , Bankrupt, to the said , deceased, for the 
 
 services of the said , done and performed for the said , Bankrupt, 
 
 and at his request, as the naval architect to the said , Bankrupt, from 
 
 the day of , A. D. 18 — , to the day of last, at the r"ate of 
 
 per annum, at which rate the said was employed and paid, for 
 
 which, &c. 
 
 By a Depositor in a Bank — Adjudicated Bankrupt against a Shareholder.] — 
 
 Says that the Bank is justly and truly indebted to this deponent in the 
 
 sum of , being the balance due to this deponent for money deposited by him 
 
 with the said Bank ; and this deponent further says, that , Bank- 
 rupt, the person against whom a petition for adjudication of bankruptcy has 
 been filed, and is now in prosecution, was, as appears by the list of sharehold- 
 ers, at and before the filing of the said petition, and still is, a member of the 
 said Bank, and as such was, at that time, and still is, justly and truly in- 
 debted to this deponent in the sum of , being the balance due to this depo- 
 nent, as aforesaid; and this deponent further says that the Bank afore-. 
 
 said has been dissolved by an order of the Court of , and that an 
 
 official manager has been appointed ; and this deponent, on the day of 
 
 , A. D. 18 — , obtained a judgment against the said official manager in the 
 
 Court of for the sum of , for this deponent's damages, costs, and 
 
 charges, for and in respect of the said moneys deposited by him in the 
 
 Bank aforesaid ; and this deponent further says, that the debt due to him from 
 
 the Bank aforesaid has been duly proved in the proceedings under the 
 
 said , but nothing has been received by this deponent, or by any other 
 
 person or persons, as this deponent verily believes, on his behalf, or for his 
 use, on account of his said debt therefrom ; and this deponent further says, that 
 
 a petition for adjudication of bankruptcy against the Bank has duly filed 
 
 and is now in prosecution, and the debt due to this deponent from the 
 
 Bank aforesaid has been duly proved under the said petition, and that this de- 
 ponent has received a dividend on his said debt from the official assignee ap- 
 pointed under the same bankruptcy, amounting to the sum of , leaving a 
 
 ' balance remaining due to this deponent of — on the before-mentioned judg- 
 ment, as shown by the following account: 
 
 Amount of Bebt $ 
 
 Amount of Interest to Judgment 
 
 Costs 
 
 Cr. by amount of Dividend received from Official Assignee., 
 
 Balance 
 
 U 
 
210 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 And this deponent further says, that execution has issued out of the said 
 
 Court of on the said judgment against the property and effects of the 
 
 Bank aforesaid, but that sufficient cannot be found whereon to levy such execution, 
 although the due means have been taken for that purpose, and the sheriffs of 
 
 ■ , to whom the said execution was directed, have returned thereon that the 
 
 said Bank had not any goods or chattels in their bailiwick ; and this de- 
 ponent further says, that any further execution against the chattels and effects 
 
 of the Bank aforesaid would be unavailing, and that he has made every 
 
 exertion to obtain payment of the balance due to him, as aforesaid, without 
 
 success; and this deponent further says, that the Bank aforesaid is a com- 
 
 J)any, incorporated by charter, under the ; and this deponent further 
 
 says, that the said sum of still remains justly due and owing to this de- 
 ponent on the aforesaid judgment, and that this deponent, in respect of the said 
 
 sum of , or any part thereof, has not, nor has any person by his order, or to 
 
 this deponent's knowledge or belief, for his use, received any security or satis- 
 faction whatsoever, except the said judgment. 
 
 By an Annuitant for the Value of an Annuity.'] — For the value of a certain 
 
 annuity heretofore granted unto this deponent by the said , Bankrupt, 
 
 for which, &c., save and except a certain bond bearing date on or about the — ■ — 
 
 day of , 18 — , executed by the said , Bankrupt, to this deponent to 
 
 secure the due payment of the said annuity, and which said annuity and which 
 said bond this deponent does hereby (consent to) surrender and give up. 
 
 By a Receiver.] , of, &c., Esquire, as receiver of the estates of 's 
 
 trustees, makes oath and says, that, &c., is justly and truly indebted to this de- 
 ponent in the sum of , upon the balance of a banking account kept by this 
 
 deponent, as such receiver of the estates of 's trustees, with the banking- 
 house of, &c., for which, &o. 
 
 Aiiother form.] — Upon the balance of two accounts kept by this deponent with 
 the banking-house of the said Bankrupts, viz, the sum of , upon the bal- 
 ance of his account as receiver of the estates of 's trustees, and 
 
 upon the balance of his account called the account, and being money had 
 
 and received by the said Bankrupts, to and for the use of this deponent, and on 
 his account, for which, &o. 
 
BANKEUPTCnr COURT FORMS. 211 
 
 FOBM OF CERTIFICATE AND OF ACKNOWLEDGMENT TO THE 
 CHIEF JUSTICE, UPON CONFIRMATION OF REGISTERS BY DIS- 
 TRICT JUDGE. 
 
 [N. B. — The following form of certificateand acknowledgcaent, to be forwarded to the Chief Jus- 
 tice upon confirmation of Registers nominated by him, has been used substantially by the Judge 
 of the District Court of the United States for the Eastern District of Missouri, (Hon, Samueii 
 Teeat, St. Louis,) and is inserted as being a very proper form for the purpose.] 
 
 Uhited States of America. 
 In the District Court of the United States, for the District of — — . 
 
 In the Matter of the appointment of "J 
 
 , Register in Bankruptcy, I 
 
 of said District, for the -. Con-- j 
 
 gressional District. ) 
 
 Term, A. D. 18—, day of , A. D. 18— * 
 
 District of , ss : 
 
 It is Ordered by the Court that the letter of the Honorable the Chief Jus- 
 tice of the Supreme Court of the United States, bearing date the day of 
 
 , A. D. 18 — , and directed to the Judge of this Court, together with the 
 
 nominations and recommendations of Registers in Bankruptcy accompanying 
 the same, be filed and entered, as aforesaid. 
 
 Whereas the Honorable the Chief Justice of the Supreme Court of the United 
 States, has nominated and recommended for the office of Register in Bankruptcy 
 for the Judicial District of , in the County of , for the Congres- 
 sional District, [Sere insert the names of the several Begisters nominated, with 
 their places of residence, and the Corigressional District respectively, in which they 
 are to serve ;] and whereas it is by law made the duty of the District Judge of 
 this District to appoint upon said nomination and recommendation : Therefore, 
 it is Ordered, That said [Here insert the names of the Registers to he confirmed] 
 be, and hereby, appointed Begisters in Bankruptcy for this Judicial Dis- 
 trict, as by law, and the nomination and recommendation of the Chief Justice of 
 the Supreme Court of, required. 
 
 It is further Ordered, That a copy of the foregoing orders of appointment be 
 sent, under the Seal of this Court, to each of the persons so appointed Registers 
 in Bankruptcy ; and that the Clerk of this Court inform the Chief Justice of the 
 Supreme Court of the United States that said appointments have been duly 
 made. 
 
 United States of America, 1 
 District of , } 
 
 , Clerk of the District Court of the United States, in and for the - 
 
 District of , do hereby certify the writings hereto annexed to be copies of 
 
 the orders made by said Court on the day of , A. D. 18 — , in relation 
 
 to the appointment of Registers in Bankruptcy for this Judicial District, as 
 fully as the same remain on file, and of record in said matter, in my office. 
 In witness whereof I hereunto subscribe my name, and affiz the Seal of said 
 
 iSeal of 1 Court, at my office, at , in said District, this ■ day of 
 the Court. J , A. D. 18—. 
 
 Clerk of said Court, 
 
OFFICE-BOOK FORMS. 
 
 (Pro Forma.) 
 
 The following Forms are intended as a guide to Registers 
 and Marshals (as Messengers) in the arrangement of their 
 official Books. They may be altered to suit the circumstances 
 of the case, or for the sake of more completely answering the 
 purpose of Classificationj and giving information of the business 
 of the Office. 
 
 212 
 
PROPER POEMS ]?0K OFFICE BOOKS. 
 
 213 
 
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214 MANUAL OP THE U. S. BANKRUPT ACT, 1867. 
 
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PROPER FORMS FOR OFFICE BOOKS. 
 
 215 
 
 E3— EEaiSTERS' FEE AND EXPENSE BOOK. 
 
 The United States Bankrupt Act, 1867. 
 
 In the Matter of l 
 , Bankrupt. J 
 
 Date. 
 
 1867. 
 May 20. 
 June 1. 
 
 " 10. 
 
 " 10. 
 
 " 20. 
 
 " 30. 
 July 1. 
 
 " 1. 
 
 " 10. 
 
 " 11. 
 
 Aug. 1. 
 
 Items. 
 
 On issuing warrant 
 
 On First Meeting 
 
 On adjourned Sitting 
 
 For Stationery 
 
 On order Dividend 
 
 For Postage 
 
 On Bond, with two Sureties 
 
 For Revenue Stamps 
 
 On applications for Meeting 
 
 For travelling expenses to , and 
 
 return 
 
 On orders for Dividend 
 
 Total Gross Fees 
 
 Deduct from paid out 
 
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 $ 2 
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 11 
 
 27 
 13 
 
 13 
 
 65 
 
 Sums Paid 
 Out. 
 
 $ 1 
 
 10 
 
 00 
 
 75 
 
 00 
 
 70 
 
 13 
 
 45 
 
216 
 
 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
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PROPER EORMS FOR OEI'ICB BOOKS. 
 
 217 
 
 C3l-.— MARSHALS' FEE AND EXPENSE BOOK. 
 The United States Bankrupt Act, 1867. 
 
 i 
 
 In the Matter of 
 , Bankrupt-. 
 
 Date. 
 
 18—. 
 
 June 4. 
 
 " 4. 
 
 •' 20. 
 
 July 1. 
 
 Items. 
 
 Preparing and executing warrant 
 
 For necessary travel 50 miles and re- 
 turn, at 5 ots. per mile 
 
 Writing and sending 100 notes to Cred- 
 itors mentijncd in Schedule 
 
 For Postage , 
 
 For publication of notices in Herald 
 Bjki Tti,biine.i„,„„.,u^„....,.,, 
 
 Fees Ee- 
 oeived. 
 
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 10 
 
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 Out. . 
 
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SPECIAL NOTE. 
 
 Such forms as are herein included, which are not contained 
 in the pamphlet edition, as printed under the Senatorial reso- 
 lution, were submitted too late for the Supreme Court to act 
 upon them before final adjournment. They were, however, 
 carefully examined by a majority of the Justices before de- 
 parting to their respective Circuits, and their insertion in 
 the Manual particularly urged, — Ed. 
 
 21S 
 
THE STJPEEME COUET OP THE UNITED 
 STATES* 
 
 This august body is the Areopagus of the nation, and may bo considered the 
 most dignified, and is the most important (as being unaffected by partisan muta- 
 tions) of the three grand departments of the Federal Government. It is com- 
 posed of men renowned for their wisdom, foresight, and sagacity, and who are 
 greatly learned in the law of the land and of nations. 
 
 The organization of the Court formerly consisted in, a Chief Justice and five 
 Associate Justices, (24<& Sept., I'/SS. §1, 1 Stat, 73,) but by moro recent congres- 
 sional action, it now consists of a Chief Justice and nine Associate Justices, any 
 six of whom shall constitute a quorum. (See act 23d July, 1865.) The Associate 
 Justices take precedence according to the date of their commissions; or, when 
 two or more of their commissions bear date the same day, then precedence is 
 established according to their respective ages. Thoy are respectively appointed 
 by the President, by and with the advice and consent of the Senate, and " hold 
 office during good behavior." 
 
 The sessions of the Court are commenced and held in the Capitol, at the 
 city of Washington, on the first Monday of December, annually. 
 
 The jurisdiction of the Court extends exclusively to all controversies of a civil 
 nature, where a State is a party, (except between a State and its citizens, and 
 except also between a State and citizens of other States, or aliens, in which 
 latter case it has original, but not exclusive jurisdiction,) of suits or proceed- 
 ings against embassadors or other public ministers, or their domestics or ser- 
 vants, the same as a court of law can have or exercise consistently with the 
 law of nations. Also, it shall have original but not exclusive jurisdiction of 
 all suits brought by embassadors or other public ministers, or in which a consul 
 or vice consul shall be a party. The trial of issues of fact in this Court, in all 
 actions at law against citizens of the United States, is by jury. It also has ap- 
 pellate jurisdiction from the Circuit Courts and courts of the several States in 
 certain cases. 
 
 MEMBERS COMPOSIN,G THE COURT. 
 
 HoNOEABEE SALMON p. CHASE, of Ohio, Chief Jttstioe. 
 
 Appointed and confirmed 6th December, A. D. 1864, in the place of Hon- 
 orable EoQEK B. Tanet, of Maryland, deceased. His official residence and 
 address is " Washington, D. C." 
 
 ^ — — — ■ ■ 
 
 *TFor general extended information Bee Brightly*H Bigest of the Laws of the United States, vol. 
 1, p. 861 ; and Conkling's Treatise on the Organization, tie., of Courts of the United States, last 
 edition. 
 
 219 
 
220 MANUAL OF THE D. S. BANKRUPT ACT, 1867. 
 
 ASSOCIATE JUSTICES, 
 
 In their order of preference. 
 
 Eon. James M. Wathb, of Georgia. ^ 
 
 Appointed and confirmed 9th January, A. D. 1835, in the place of Hon. 
 ■William Johnson, of Maryland, deceased. His residence and address is 
 " Washington, D. 0." 
 
 Hon. Samuel Nblsok, of Few York. 
 
 Appointed and confirmed lith Fehruary, A. D. 1845, in the place of 
 Hon. Smith Thompson, of New York, deceased. His residence and address 
 is " Cooperstown, N. Y." 
 
 Hon. Egbert C. Gkier, of Pennsylvania. 
 
 Appointed and confirmed 4th August, A. D. 1846, in the place of Hon. 
 Henry Baldwin, of Pennsylvania, deceased. His residence and address is 
 " Philadelphia, Pa." 
 
 Hon. Nathan Clieeoed, of Maine. 
 
 Appointed and confirmed 28th January, A. D. 1858. His residence and 
 address is " Portland, Me." 
 
 Hon. Noah H. Swathe, of Ohio. 
 
 Appointed and confirmed 4th January, A. D. 1862. His residence and 
 address is " Columbus, 0." 
 
 Hon. Samuel H. Millee, of Iowa. 
 
 Appointed and confirmed 16th J-uly, A. D. 1862. His residence and 
 address is " Keokuk, Iowa." 
 
 Hon. David Davis, of Illinois. 
 
 Appointed and confirmed 8th December, A. D. 1862. His residence and 
 address is " Bloomington, 111." 
 
 Hon. Stephen J. Field, of California. 
 
 Appointed and confirmed 10th March, A. D. 1863. His residence and 
 address is " San Francisco, Cal." 
 
 OEEIOEES OP the COUET. 
 
 Ckrh — D. W. MiDDLEioN, Esq., of Washington, D. C. 
 Marshal — Hon. Eichaed C. Paesons, of Cleveland, Ohio, 
 importer— J. W. Walsaob, Esq., of Philadelphia, Penn'a 
 
CIECUIT COURT OF THE UNITED STATES. 
 
 The United States of America are divided into nine Divisions or Departments, 
 which are termed " Judicial Cirouits," in each of which a court, termed " The 
 Circuit Court of the United States" for that Circuit, is held twice every year 
 for each State embraced therein. 
 
 The Circuit Court consists regularly and ordinarily of an Associate Justice of 
 the Supreme Court, (who in this connection is termed " Circuit Judge,") and 
 the Judge of the District Court for the District within which the court sits. 
 
 In case of disability, from any cause, of the Circuit Judge, his place may be 
 supplied by the Judge of another Circuit. 
 
 CIROUITS. 
 
 ■The times and places for holding Circuit Courts, as at present prescribed, (Act 
 of Congress, July 23, 1866,) are as follows : 
 
 First Circuit. — Mr. Justice Cliitoed. 
 
 In the DisTEioT of Maihb, at Portland, on the 23d day of April and the 
 25th day of September. 
 
 In the DiSTBioT oE New Hampshiee, at Portsmouth, on the 8th day of May, 
 and at Exeter, on the 8th day of October. 
 
 In the DisiEiCT of Massachusetts, at Boston, on the 15th day of May and 
 the 15th day of October. 
 
 In the DisTEioi oe Ehode Island, at Newport, on the 15th day of June ; and 
 at Providence, on the 15th day of November. 
 
 Second Circmt. — Mr. Justice Nelson. 
 
 In the DiSTEioi op Veemont, at Windsor, on the fourth Tuesday of July ; 
 and at Eutland, on the 3d day of October. 
 
 In the Disteiot of Conheoiicut, at New Haven, on the fourth Tuesday of 
 April and September. 
 
 In the Noetheew Disteiot of New Yoek, at Canandaigua, on the third Tues- - 
 day of June ; at Albany, on the second Tuesday of January and third Tuesday 
 of October ; and at Utica, on the third Tuesday of March. 
 
 In the Southeen Disteiot of New Yoek, at New York, on the first Monday 
 of April, the third Monday of October, and the last Monday of February. 
 
 In the Easteen Disteiot of New Yoek, at Brooklyn, on the first Wednesday 
 of every month. • 
 
 Third Circuit. — Mr. Justice Geiee. 
 
 In the DisiBiOT op New Jeesey, at Trenton, on the fourth Tuesday of March 
 
 and September. 
 
 221 
 
222 MANUAL OF THH U. S. BANKRUPT ACT, 1867. 
 
 In the Eastebn Disteiot of Pennsylvania, at Philadelphia, on the first 
 Monday of April and October. 
 
 In the Westeen Disteiot oe Pennsylvania, at Pittsburgh, on the second 
 Monday of May and November ; and at Williamsport, on the third Monday of 
 June and September. 
 
 In the DisisiOT or Delawaee, at New Castle, on the third Tuesday of June 
 and October. 
 
 Fourth Circuit:- — The Chief Justice. 
 
 In the Disteiot of Mabyland, at Baltimore, on the first Monday of No- 
 vember. 
 
 In the Disteiot of West Virginia, at Lewisburgh, on the first Monday of 
 August. * 
 
 In the Disteiot of Viegikia, at Norfolk, on the first Monday of May and 
 November. 
 
 In the Disteiot of Noeth Carolina, at Ealeigh, on the first Monday of June 
 and the last Monday of December. 
 
 In the DiSTBiQi OF South Caeolina, at Charleston, on the first Monday ofc 
 April. 
 
 Fifth Circuit. — Mr. Justice Wayne. 
 
 In 'the Disteiot of Geobaia, at Milledgeville, on the Thursday after the first 
 Monday of November. 
 
 In the NoETHEEN Disteiot of Floeida, at Apalachicola, on the first Monday 
 of March ; at Tallahassee, the first Monday of May ; at St. Augustine, on the 
 first Monday of June ; and at Pensaoola, on the first 'Monday of July. 
 
 In the SouTHEEK Disteiot of Floeida, at Key West, on the first Monday of 
 May and November. 
 
 In the NoETHEEN Disteiot of Alabama, at . 
 
 In the SouTHEEN Disteiot of Alabama, at Mobile, on the second Monday of 
 April. 
 
 In the Disteiot of Mississippi, on the first Monday of May and November. 
 
 In the Easteen Disteiot of Louisiana, at New Orleans, on the fourth Mon- 
 day of April. 
 
 In the Wbstebn Disteiot of Louisiana, at . 
 
 In the Easteen Disteiot of Texas, at Galveston, on the first Monday of May 
 and December ; and at Brownsville, on the first Monday of March and October. 
 
 In the Westeen Disteiot of Texas, at Austin, on the first Monday of Janu- 
 ary and June ; and at Tyler, on the fourth Monday of April and the first Monday 
 of November. 
 
 Sixth Circuit. — Mr. Justice Swayne. 
 
 In the Noetheeh Disteiot of Ohio, at Cleveland, on the first Tuesday of 
 January, May, and September. 
 
 In the SouTHEEH Disteiot of Ohio, at Cincinnati, on the first Tuesday of 
 February, April, and October. 
 
 In the Easteen Disteiot of Miohiqan, at Detroit, on the first Tuesday of 
 March, June, and November. 
 
V. B. CIRCUIT COURTS. 223 
 
 In the Westeen Disteiot or Miohiqan, at Grand Eapids, on the third Mon- 
 day of May and October. 
 
 In the DisTBioi oe Kehtuoky, at Frankfort, on the third Monday of May and 
 first Monday of January ; at Covington, on the third Monday of April and 
 first Monday of December ; at Louisville, on the third Monday of February and 
 the first Monday of October ; at Padnoah, on the third Monday of March and 
 the first Monday of November. 
 
 In the Eastern Disteiot oe Tennessee, at Knoxville, on the third Monday 
 of May and the fourth Monday of November. 
 
 In the Middle Disteiot oe Tennessee, at Nashville, on the third Monday of 
 April and October. 
 
 In the Wesieen Disteiot of Tennessee, at Memphis, on the first Monday of 
 March an,d September. 
 
 Seuenth Oircuit. — Mr. Justice Davis. 
 
 In the Disteiot of Indiana, at Indianapolis, on the first Tuesday of May 
 and November. 
 
 In the NoETHEBN Disteiot of Illinois, at Chicago, on the first Monday 
 of July and third Monday of December. 
 
 In the SonTHEBN Disteiot of Illinois, at Springfield, on the first Monday 
 of January and the third Monday of June. 
 
 In the Disteiot of Wisconsin, at Milwaukee, on the second Monday of 
 April and September ; and at Madison, on the first Monday of January. 
 
 Eighth (Krcuit. — Mr. Justice Millee. 
 
 In the Disteiot of Minnesota, at St. Paul, on the third Monday in June and 
 October. 
 
 In the Disteiot op Iowa, at Des Moines, on the second Tuesday of May 
 and third Tuesday of October. 
 
 In the Easteen Disteiot of Missouei, at St. Louis, on the first Monday of 
 April and October. 
 In the Wesieen Disteiot op Missouei, at . 
 
 In the Disteiot op Kansas, at Topeka, on the fourth Monday of May and 
 November. 
 
 In the Easteen Disteiot of Aekansas, at Little Book, on the second Monday 
 of April. 
 
 In the Westeen Disteiot op Aekansas, at . 
 
 In the Disteiot op Nebbaska, at . 
 
 Mnth Oircuit. — Mr. Justice Field. 
 
 In the NoBTHEEN Disteiot op Califoenia, at San Francisco, on the first 
 Monday of February and October, and the second Monday of June. 
 
 In the SouTHBEN Disteiot of Califoekia, at Monterey, on the first Mon- 
 day of April and December, and on the second Monday in August. 
 
 In the Disteiot op Oeegon, at Portland, on the first Monday of January, 
 May, and September. 
 
 In the Disteiot of Nevada, at Carson, on the first Monday of March, 
 August, and December. 
 
DISTRICT COURTS, U. S. 
 
 The District Court is one of the inferior Courts of the United States, which 
 Congress, under Sec, 1 of the Constitution, may from time to time ordain and 
 establish. 
 
 The Judges of these Courts are appointed by the President, with and by the 
 consent of the Senate, and hold their offices by the same tenure, enjoy the 
 same privileges as to their compensation, and in like manner are restricted and 
 required to take the same official oath as the Justices of the Supreme Court. 
 The jurisdiction of the District Courts extends to the cognizance of all crimes 
 against the United States within their respective Districts, (hereinafter to be 
 specified,) or upon the high seas ; to the exclusive original jurisdiction of ad- 
 miralty and maritime causes and seizures on waters of the United States, 
 within their respective Districts ; to exclusive original cognizance of seizures on 
 laud, and of suits and penalties for forfeitures incurred under the laws of the 
 United States ; to concurrent cognizance with the courts of the several States 
 or Circuit Courts in suits by aliens for tort, in violation of the law of nations 
 or treaty of the United States ; also to suits at common law, when the United 
 States sue, when the matter in dispute amounts, exclusive of costs, to $200. 
 [&e Judicial Act of Congress, September 24, 1789.] And the District Courts are 
 also constituted Courts of Bankruptcy ; and they shall have original jurisdic- 
 tion in their respective Districts in all matters and proceedings in Bankruptcy ; 
 and they are authorized to hear and adjudicate upon the same. [See TJ. S. 
 Bankrupt Act, March 2, 1867, Sec. 1, ff. C. 1, Manual.] 
 
 DISTRICTS AND JUDGES. 
 
 The United States are divided substantially into 52 Districts, each of which 
 is presided over by a Judge who is usually addressed thus : 
 
 " The Judge of the United States District Court, for the District of," &c. 
 
 The following is a statement giving the names of the several Judges of Dis- 
 trict Courts of the United States, with their respective post-office address, the 
 places where their courts are held, and the boundaries of their Districts defined: 
 
 Judge. 
 
 Besldence. 
 
 Place of holding 
 District Courts. 
 
 Extent of Judicial District. 
 
 ALABAMA. 
 
 Mobile 
 
 Huntsville 
 
 Mobile. 
 
 Little Rock 
 
 Van Buren. 
 
 San Francisco... 
 
 Substantially one district. 
 
 Divided into two districts, Hastern and 
 Western, presided over by the same 
 judge. 
 
 The State. 
 
 AEKAWSAS. 
 Henry C.Caldwell 
 
 CALIFORNIA. 
 Ogden Iloffman 
 
 Little Rock 
 
 Son Francisco... 
 
 224 
 
DISTRICT COURTS, U. S. 
 DISTRICTS AND JUDGES— Cbrefauei. 
 
 225 
 
 Judge. 
 
 RoBidonce. 
 
 Place of holding 
 District Courts. 
 
 Extent of Judicial District. 
 
 CONNECnCUT, 
 Wm. D. Shipmnn .. 
 DELATVARE. 
 
 Willard Hull 
 
 DIST.OFCOIiU'BIA. 
 
 David K. Cartter.. 
 Goorgo P. Fislier... 
 Abrfibam B. Olin- 
 Aodrow Wylio. 
 
 Hartford.. 
 
 N'ew Haven. 
 
 Hartford. 
 
 Wilmington .. 
 Washington .. 
 
 Wilmington .. 
 Washington .. 
 
 GEORGIA. 
 John Erskinc 
 
 FLORIDA. 
 
 Korthern ZHstrict. 
 
 Philip Eraser , 
 
 Savannah,. 
 
 Marietta.. 
 
 Jacksonville... 
 
 Apalachicola... 
 TallahasBco. 
 St. Angusline. 
 Ponsacolo. 
 
 Soutket'n District, 
 T. Jefferson Boynton 
 
 ILLINOIS. 
 
 Northern District. 
 Thomas Drummond... 
 
 Key West- 
 
 Key West- 
 
 Chicago.. 
 
 Chicago... 
 
 Southern District. 
 Samuel H, Treat, Jr. 
 
 Springfield.. 
 
 Springfield.. 
 
 The State. 
 
 The State. 
 
 15 
 
 District of Columbia. 
 
 The State. 
 
 Comprises the counties of Alachua, Cal- 
 houn, Clay, Columbia, Duval, Escam- 
 bia, Franklin, Gadsden, Hamilton, 
 Hernando, Hillsboro', Holmes, Jack-, 
 son, Jefferson, Lafayette, Leon, Levy, 
 . Liberty, Madison, Miarion, Naasau, 
 New Kiver, Orange, Putnam, Snuta 
 Rosa, St. John's, Suwanoo, Sumter, 
 Taylor, Volusia, Wakulla, Walton, 
 Washington, part of Manatee and of 
 Brevard. 
 
 Comprises part of the county of Manattee 
 and of Brevard, the counties of Dado 
 and Monroe, including the islands, 
 keys, reefs, snoals, harbors, bays, and 
 inlets. 
 
 Comprises the counties of Boone, Bu- 
 reau, Carroll, Cook, De Kalb, Du 
 Page, Grundy, Hancock, Henderson, 
 Henry, Iroquois, Jo Daviess, Kane, 
 Kendall, Knox, Lake, La Salle, Lee, 
 Livingston, McDonoughi McHcnry, 
 Marshall, Mercer, Ogle, Peoria, Put- 
 nam, Rock Island, iStark, Stephen- 
 son, Warren, Whitesides, Will, Win- 
 nebago, Woodford. 
 
 Comprises the counties of Adams, Alex- 
 ander, Bond, Brown, Calhoun, (ass, 
 Champaicn, Christian, Clark, Clay, 
 Clinton, Coles, Crawford. Cumber- 
 land, De Witt, Douglas, Edgar, lid- 
 wards, ElBn{rham, Fayette, Ford, 
 Friinkiin, Fulton, Gallatin, Green, 
 Iliimilton, Iliirdin, Jaclcaon, Jasper, 
 Jefferson, Jersey, Johnson, Kanka- 
 kee, Lawrence, Logan, McLean, Ma- 
 con, Macoupin, Madison, Marion, 
 Mason, Massac, Menard, Monroe, 
 Montgomery, Morgan, Moultrio, 
 Perry, Piatt, Pike, Pope, Pulasld, 
 Randolph, Richland, St. Clair, Sa- 
 line, Sangamon, Sclmylor, Scott, 
 Shelby, Tazewell, Union, Vermilion, 
 "Wnba'sh. Washington, Wayne, \\ bite, 
 Williamson. 
 
226 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 DISTRICTS AND JVDQ1.8— Continued. 
 
 Judge. 
 
 Reflidenco, 
 
 Place of holding 
 District Courts. 
 
 Extent of Judicial District. 
 
 INDIANA. 
 
 
 
 
 David McDonald 
 
 Indianapolis 
 
 Indianapolis 
 
 The State. 
 
 IOWA. 
 
 
 
 
 
 Keokuk.. .„.r.... 
 
 Des Moines 
 
 Dubuque. 
 
 The State. 
 
 
 
 KANSAS. 
 
 
 
 
 Mark W. Delabay 
 
 KENTUCKY. 
 
 
 Topeka« 
 
 The State. 
 
 
 
 
 
 Louisville 
 
 
 The State, 
 
 LOUISIANA. 
 
 Conngton . 
 Louisville. 
 Paducali. 
 
 
 Jldward H. Durell 
 
 ■MAINE. 
 
 New" Orleans.... 
 
 New Orleans 
 
 Opelousas. 
 Alexandria. 
 Shreveport. 
 Monroe. 
 
 The State. 
 
 
 
 Bath 
 
 The State. 
 
 MAETLAND. 
 
 
 Portland 
 Bangor. 
 
 
 ■William P. Giles 
 
 Baltimore 
 
 Baltimore 
 
 The State. 
 
 BIASSACHUSETTS. 
 
 
 
 
 
 
 
 
 MICHIGAN. 
 
 
 
 
 Western District. 
 S 1/ Witliy 
 
 Grand Rapids.... 
 
 Grand Rapids.... 
 
 See Note.* 
 
 Eastern District. 
 
 Detroit 
 
 Detroit 
 
 See NotD-t 
 
 MINNESOTA. 
 
 St Paul 
 
 Preston 
 
 The State 
 
 
 
 St. Paul. 
 
 
 * The "Western District emhraces all the teri'itory and waters within the following boundaries, 
 to wit: Commencing at the southwest corner of Hillsdale county in the State of Michigan, and run- 
 ning from thence north, on the west line of said county, to the south line of Calhoun county; thence 
 fast, on the south line thereof, to tbe southeast corner of said last-named county ; thence north, on 
 1lie eastboundary of said Citunty,to the south line of Eaton county; thence east, on said south line, 
 i^ the southeast corner of Eaton county; thence north, on the east boundary of Eaton county, to 
 the south line of Clinton county; thence vest, on the south boundary of said county, to thesouth- 
 •west.corner thereof; thence north, on the west boundary of Clinton and Gratiot counties, to the 
 south i>o.undary of Isabella county ; tlience west, on its south boundary to the southwest corner of 
 said last-named county ; thence north, on the west line of Isabelhi and Clare coimties, to the south 
 tboundary of Missaukee county; thence east, on its south boundary, to the southeast comer of 
 llissankee county ; thence north, on the east line of Missaukee, Kalcasca, and Antrim counties, to 
 'the south boundary of Emmet county ; thence east to the southeast corner of Emmet county ; 
 'thence north, on the east boundary of Emmet county, to the Straits of Mackinac ; thence north 
 to midway across said Straits ; thence westerly, in a direct line, to a point on the shore of Lake 
 "Jlichifran, where the north boundary of Delta county reaches Lake Michigan ; thence west, on the 
 north line of Delta county, to the northwest corner of said Delta county; thence south, on the 
 'i\'cst boundary of said county, to the dividing Une between the States of Michigan and Wisconsin 
 in Green Bay; thence northeasterly on the said dividing lino into Lake Michigan, and thence 
 poutherly through Lake Michigan to the southwest corner of the State of Michigan, on aline 
 that will include within said bonndarios the waters of Lako Michigan within the admiralty juris- 
 dictiun of the State of Michigan; thence east on the south boundary of the State of Michigan to 
 the intersection of the west lino of Hillsdale county. 
 
 f The Eiistnrn District cnibriices all the other territory of the State of Michigan, and all nther 
 •waters of said State m*t omhracod within the foregoing boundaries of tho Westoin District. 
 
DISTRICT COUKTS, V. S. 
 / 
 DISTRICTS AND JVHQES— Continued. 
 
 227 
 
 Judgo. 
 
 Kosldence. 
 
 Placo of holding 
 District Courts. 
 
 Extent of Judicial DiBtrict. 
 
 MISSISSIPPI. 
 Robert A. Hill 
 
 Jacinto . 
 
 Pontotoc . 
 Jackson. 
 
 MISSOURI. 
 
 Eastern District, 
 
 Samuel Treat 
 
 Western District. 
 Arnold Krekel 
 
 NEBRASKA. 
 
 James M. Love, Esq., 
 (pro tempore.) 
 
 NEW HAMPSHIRE. 
 
 Daniel Clark 
 
 NEW JERSEY. 
 
 Richard S. Field.... 
 
 NEVADA. 
 
 Alex. W. Baldwin.., 
 
 NEW YORK. 
 
 Northern District. 
 
 Nathan K. Hall , 
 
 SoutJiem District. 
 Samuel Blatchford.. . 
 
 Eastern District. 
 Charles L. Benedict... 
 
 Jefferson City... 
 
 Keokuk, Iowa. 
 
 Jefferson City. 
 
 Manchester,. 
 
 Princeton. » 
 
 TirglniaCity... 
 
 New York... 
 
 Brooklyn.. 
 
 Portsmouth . 
 Exeter. 
 
 Carson . 
 
 Albany 
 
 Utica. 
 Rochester. 
 Buffalo. 
 Auburn. 
 
 New York.., 
 
 Brooklyn . 
 
 Divided into two districts, Northern and 
 Southern. The same Judge presides 
 in both. 
 
 Comprises the counties of Schuyler, 
 Adair, Knox, Shelby, Mouroe, 
 Audrain, Montgomery, Gaeconado, 
 Franklin, Washington, Reynolds, 
 Shammon, and Oregon, as tho samo 
 were bounded on the Ist day of Jan- 
 uary, 1857, with all that part of the 
 State lying east of the same. 
 
 Comprising that portion of the State 
 not included in the above description 
 of the Eastern District. 
 
 The State. 
 
 The State. 
 
 The Northern District is composed of the 
 counties of Alleghany, Broome, Cat- 
 taraugus, Cayuga, Chatauque, Che- 
 mung, Chenango, Clinton, Cortland, 
 Erie, Essex, Franklin, Fulton, Gen- 
 esee, Hamilton, Herkimer, Jefferson, 
 Lewis, Livingston, Madison, Monroe, 
 Montgomery, Niagara, Oneida, Onon- 
 daga, Ontario, Orleans, Oswego, Ot- 
 sego, Saratoga, Schuyler, Seneca, 
 Steuben, St. Lawrence, Tioga, Tomp- 
 kins, Washington, Warren, Wayne, 
 Wyoming, Yates. 
 
 \ 
 
 The Southern District i s composed of the 
 counties of ^Al bany^ Columbia, '^eia^ 
 ^vGj^ Dutchess, Greene, New YmT^ 
 Oi?aiigp,- Putnam, ^qsse laer, Rock- 
 land, IScheneotad^f^^^^chohari^ Snlli- 
 vnn. TTfflfflr: WGHicheateT;^ •> — 
 
 van, Ufafer, Weslchester;^ 
 
 The Eastern District is composed of the 
 counties of Kings, Queens, Suffolk, 
 and Richmond, with the waters 
 thereof. 
 
228 MANUAL OP THE V. 8. BANKRUPT ACT, 1867. 
 
 DISTRICTS AND :!VDGES— Continued. 
 
 Judge. 
 
 KeBidonco. 
 
 Place of holding 
 District Courts. 
 
 Extent of Judicial District. 
 
 NOETH CAROLINA. 
 
 
 
 
 George W. Brooks 
 
 Elizabeth City.. 
 
 
 
 Newborn. 
 Wilmington. 
 
 
 OHIO. 
 
 
 
 
 Southern District. 
 
 
 
 
 
 SteuienTille 
 
 Cincinnati 
 
 Comprises the counties of BeImont,Guern- 
 sey, Muskingum, Licking, Franklin, 
 Madison, Champaign, Shelby, and Mer- 
 cer, together with all that part of the 
 State lying south of the said counties. 
 
 
 Nortliem Distria. 
 
 
 
 
 
 
 let Tuesdays of 
 January ,May, 
 and Septem- 
 ber at Cleve- 
 land. 
 
 Comprising all that portion of the State 
 not embraced in the above description 
 of the Soutnern District. 
 
 
 
 OREGON. 
 
 
 
 
 
 Winchester 
 
 
 The State. 
 
 PENNSyLVANIA. 
 
 
 
 Eastern District. 
 
 
 
 
 John' Cadwallader.... 
 
 Philadelphia 
 
 Philadelphia 
 
 Comprises the counties of Adams, Berks, 
 Blair, Bucks, Carbon, Chester, Clar- 
 ion, Clinton, Cu&lberland, Dauphin, 
 Delaware, Elk, Forest, Franklin, Ful- 
 ton, Juniata, Lancaster, Lawrence, 
 Lebanon, Lehigh, Monroe, Montgom- 
 ery, Montour, Northampton, Perry, 
 Philadelphia, Pike, Schuylkill, Sny- 
 der, Sullivan, Wayne, Wyoming, 
 and York. 
 
 Western Disirtct. 
 
 
 
 
 "Wilson McCandless... 
 
 Pittsburg 
 
 Pittabnrff 
 
 Comprises the counties of Alleghany, 
 Armstrong, Beaver, Bedford, Brad- 
 ford, Butler, Cambria, Centre, Clear- 
 field, Columbia, Crawford, Erie, Fay- 
 ette, Greene, Huntington, Indiana, 
 Jefferson, Luzerne, Lycoming, Mc- 
 Kean, Mercer, MilSin, Northumber- 
 land, Potter, Somerset, Susquehanna, 
 Tioga, Union, Venango, Warren, 
 Washington, and Westmoreland. 
 
 
 
 ■Williamsport. 
 
 KHODE ISLAND. 
 
 
 
 
 J. K. Bullock 
 
 
 
 The State. 
 
 
 
 Providence. 
 
 SOUTH CAROLINA. 
 
 
 
 
 
 
 
 The State. 
 
 TENNESSEE. 
 
 
 
 Connlly P. Trigg 
 
 NashTlUo 
 
 Knoxville 
 
 Nashville. 
 Memphis. 
 
 Divided into three districts. Eastern, 
 
 Middle, and Western. 
 The same Judge presides in the three 
 
 districts. 
 
 
229 
 
 DISTRICTS AND JUDGES— Conimned 
 
 Judge. 
 
 Bosldence. 
 
 Place of holding 
 District Courts. 
 
 ExtsBt of Judicial District. 
 
 TEXAS. 
 
 East^^ District 
 
 J. C. Watroua 
 
 Galveston.. 
 
 Western District. 
 T. H. Duval 
 
 Austin.. 
 
 VERMONT. 
 D. A. Smalley 
 
 Ist Mondays of 
 December 
 and May, at 
 Galveston, and 
 
 1st Mondays of 
 March and Oc- 
 t b e r , at 
 Brownsville. 
 
 Ist Mondays of 
 January and 
 June, at Aus- 
 tin, and 
 
 let Mondays of 
 April and 
 No-^emher, at 
 Tyler. 
 
 Burlington .. 
 
 Rutland.. . 
 
 Windsor. 
 
 ■VIRGINIA. 
 John C. Underwood., 
 
 WEST VIRGINIA. 
 John J. Jackson 
 
 Richmond.. 
 
 Norfolk. 
 
 Embracing the counties of Newton, Jas. 
 per, JefferHon, Orange, Tyler, Polk, 
 Liberty, Galveston, Harris, Mont- 
 gomery, Austin, Fort Bend, Brazoria, 
 Colorado, vvhartou, Matagorda, La- 
 vacca, Jackson, Calhoun, DeWitt, 
 Victoria, Goliad, Kefngio, Sau Patri- 
 cio, Nmacaa, Cameron, Starr, Wobb, 
 and Hidalgo, as they existed in 1852. 
 
 All the remaining part of the territory of 
 the said State not comprised in the 
 above description of the Eastern Dis- 
 trict. 
 
 The State. 
 
 The State. 
 
 Parkersburgh . 
 
 WISCONSIN. 
 Andrew G. Miller... 
 
 Clarksburg.. 
 
 Wheeling. 
 
 Charleston. 
 
 Milwaukee.. 
 
 Milwaukee.. 
 Madison. 
 
 The State. 
 
 TERRITORIES. 
 
 TERRITORY OP NEW MEXICO. 
 
 J. P. Slough, Chief Justice Santa Fe. 
 
 TERRITORY OF UTAH. 
 
 John Titus, Chief Justice Great Salt Lake City. 
 
 TERRITORY OF WASHINGTON. 
 
 C. C. Hewitt, Chief Justice ^Olympia. 
 
 TERRITORY OF IDAHO. 
 
 John R. McBride, Chief Justice Boise City. 
 
 TERRITORY OP ARIZONA. 
 Wm.P. Turner, Chief Justice Navego Springs. 
 
 TERRITORY OF COLORADO. 
 Moses Hallet, Chief Justice Golden Ci^. 
 
 TERRITORY OF DAKOTA. 
 
 Asa Baatlett, Chief Justice Yankton. 
 
 TERRITORY OP MONTANA. 
 Hezekiah L. Hosraer, Chief Justice Virginia City, 
 
 Note.— With the acquisition of the new Territory from Russia one or two now Districts will 
 undoubtedly soon be added to the list. — Ed» 
 
REGISTERS IN BANKRUPTCY 
 
 A Register (Sng. Begisirar) in Bankruptcy, may be defined to be, " The incum- 
 bent of an office created by the U. S. Bankrupt Act of 1867 — ac assistant to the 
 United States District Judge in Bankruptcy Proceedings. " His powers and duties 
 may be found clearly prescribed in the act of Congress, entitled "An Act to Estab- 
 lish a Uniform System of Bankruptcy throughout the United States," approved 
 March 2, 1867. (/See Bee. 4, G. 0. 14, S. Act, 1867, i). 36, Manual) One or 
 more may be appointed for each Congressional District in the United States, by 
 the U. S. District Judge presiding over the same, upon the nomination of the 
 Chief Justice of the Supreme Court U. S. (See iSec. 3, G. 0. 10, p. 35, Manual.) 
 
 He must (in open court) take and subscribe to the oath prescribed, for all 
 officers serving under the United States Government, in the Act of Congress en- 
 titled " An Act to Prescribe an Oath of Office, etc.,'' approved July 2, 1862 ; and 
 also must swear that he will not, during his continuance in office, be directly 
 or indirectly interested in or benefitted by any fees or emolument-s arising from 
 any proceedings in bankruptcy, in either the U. S. Circuit or District Courts, 
 ■wherein he holds office. {See Sec. 3, G. G. 13, B. Act, 1861, p. 36, Manual; 
 Bankruptcy Court Form No. 53, p. 176, Manual.) He cannot act as counsel or 
 attorney or executor in bankruptcy proceedings in the Circuit or District Courts 
 of his District. He cannot commit for contempt, or hear a disputed question, 
 or entertain before him any matter involving a question of the granting, 
 refusing, or suspending an order of final discharge in bankruptcy. All such 
 matters in issue, when they arise in proceedings before him, are to be put in 
 writing, and the same taken before the U. S. District Judge of the district for 
 his decision. {See B. A., Sec. 4, Gen. Clauses 15 and lQ,p. 37, Manual.) 
 
 He must be a Counsellor at Law, admitted to the State or U. S. Courts. 
 Before he can act after appointment, he must file Bond, with good Sureties, in a 
 sum not less than $1,000, in the option of the District Judge, conditioned for the 
 faithful discharge of his duties. {See. 3, B. A., p. 35, Manual; also see Oath, 
 Form 53, p. 176 ; and Bond, Form No. 59, p. 181, Manvxil) 
 
 General Duties of Register. — To make adjudications ; To Receive Surrenders 
 of Bankrupt ; To administer oaths ; To Hold and preside at meetings of Cred- 
 itors ; To take proof of Debts ; To compute and arrange Dividends and order 
 distributions, etc. ; To audit and pass accounts of assignees'; To grant Protec- 
 tions ; To pass unopposed final Examinations of Bankrupts ; To sit in Cham- 
 bers under direction of District Judge ; To keep and file account of proceedings 
 had before or by him ; To refer questions arising to the District Judge ; To at- 
 tend where directed by District Judge, &c. (See Sees. 4 and 5 of the Act, pp. 
 36 and 37, Manual.) 
 
 As to Depositions and Proofs before Register. See g 5, G. 0. 20,p. 38, Manual; 
 ?6, G. C. 23, p. 39, Ibid.; g 7, G. C. 27 and 28,p. 40, Ibid.; § 22, p. 67, Ibid.; 
 223, G.Csl01,10d,p.59. 
 
 230 
 
HEaiSTERS IN BANKRUPTCY. 231 
 
 Any Register of the Court may act for any other Rogistor, (suhject, of course, 
 to the direction of the District Judge,) sec. 4, p. 37. 
 
 As to Time and Place where Registers shall act, and definition of their Duties 
 in uncontested eases, see Oen. Orders, Rule 5, p. 105, and B. A., sees. 3, 4, 5, 6, 
 and 7, pp. 35 to 40, incl: sec. 10, 0. C. 31, p. 41, Manual. 
 
 As to what shall constitute an Official Day, see Qen. Orders, Rule 6, j>. 106, 
 and B. A., sec. 4, Q. C. 14, et seq.,p. 36, Manual. 
 
 As to Examination and Filing of Papers, see Gen. Orders, Rule 1, p. 106, 
 Manual, and citations there noted. 
 
 As to orders made by him, see Oen. Orders, Rule 8, p. 106, Manual, and refer- 
 ences there noted. 
 
 As to Minutes of Proceedings had before him, see Gen. Orders, Rule 11, p. 
 108, Manual, and references there noted. 
 
 As to Accounts for Services, etc., see Qen. Orders, Rule 12, p. 108, Manual, 
 and references there made. 
 
 FEES OP REGISTER.* 
 
 The traveling and incidental expenses of himself, and of any clerk or other 
 officer attending him, incurred while prosecuting his official duties, shall be 
 settled by the Court, as prescribed by the 10th Section of the Act,f and paid out 
 of the assets of the estate in respect of which he so acted. 
 
 If there are no assets, or if such assets as there may be, are insufficient to 
 settle the above expenses, the same shall form a part of the costs in the case. 
 
 He may charge such fees as are estahlished by law for similar services in 
 other proceedings! — 
 
 For Issuing every Warrant in Bankruptcy $2 00 
 
 For each day in which a Meeting is held 3 00 
 
 For each Order of Dividend 3 OQ^ 
 
 For every Order in Proceedings under Section 43 2 00 
 
 For every Bond with Sureties 2 00 
 
 For every Application for Meeting 1 00 
 
 For every day's actual service under a special order of the Court 5 00 
 
 For taking Depositions, the Cees now allowed by law.|| 
 
 For every Unopposed Discharge 2 00 
 
 For every Copy of any Paper in Proceedings in Bankruptcy, per folio,** 10 
 
 For Certifying the Same 25 
 
 For every Order made, where notice is required to he given 1 00 
 
 For Certifying Same to the Clerk 1 00 
 
 For every Certificate of Question to be certified to the District Judge, 
 
 under Sections 4 and 6 1 00 
 
 For every Proof of Debt (without testimony) 25 
 
 Where testimony is taken thereon, the fees prescribed by Law for sim- 
 ilar services are to bo chargedff 
 
 * Sec. 4, General Clause 18, p. 87 ; Sec 47, General Clause 169, p. 86, Manual. -. 
 
 ^ Sec. 5, General Clause 19, p. 37; Sec. 10, General Clause 3\, p. H, Manual. 
 
 X ITor insCance, the taking of acknowledgments, administering oatlis, certifying papers, etc. 
 
 [I See " Fees of Clerics of Courts" JBrighUy's Digest Laws of ilie U. S., vol. l,p. 274 ; also ^^Fees of 
 Commissioners," Ibid, p. 276. 
 
 «« Soo General Orders, Bute Za,p. 117 ; see also lyif 2d and Sd, under the head of "Fees of Can- 
 missioners," p. 274, vol. 1, Brigldly^s Digest U. S, Laws. 
 
 tt See Oemeral Orders, Rules 29 and SO, p. 117, Mamial. 
 
232 
 
 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 The above-mentioned fees have priority over all other claims out of the 
 bankrupt's estate; and before the Register can be compelled to proceed in any 
 case, the same shall be secured by a deposit with the Court of $50, 
 
 If there are no assets for the payment of fees,* execution may issue against 
 the petitioner compelling their payment by him. 
 
 It 18 also discretionary with the Judge to direct that the fees and costs, in 
 case the debtor's inability to pay the same is satisfactorily proven to him, shall 
 not exceed the |50 deposited for the purpose. 
 
 In Section ^7 of the Act the ofhce of "Senior Register'' was inadvertently 
 referred to. The reference has no significance whatever, and should not be 
 regarded, and in future amendments of the law will likely be stricken out. 
 
 LIST OF REGISTERS IN BANKRUPTCY IN THE UNITED STATES.f 
 
 The following is a List of the Registers appointed and confirmed in the 
 United States, by States, alphabetically arranged, including their places of 
 residence, respectively, and the county formation of the several Congressional 
 Districts of the United States : 
 
 RESIDGNOB. 
 
 conqhebsional districts. 
 
 Albert Grriffin', Esq... 
 John 0. Keffer, Esq.., 
 
 C. S. G.Doster, Esq... 
 Geo. E. Spencer, Esq.. 
 J. W. Burke, Eeq....- 
 
 D. H. Bingham, Eaq, 
 
 Mobile, Mobile 
 
 CO. 
 
 Montgomery, 
 Montgomery 
 
 CO. 
 
 Prattsvillo, Au- 
 tauga CO. 
 
 Decatur, Mor- 
 gan CO, 
 
 Huntfciville, 
 Madison co. 
 
 Athens, Lime- 
 stone CO. 
 
 1. Mobile, Clarke, Conecuh, Washington. Marengo, Bald- 
 
 win, Wilcox, Monroe, Dallas, and Choctaw. 
 
 2. Barbour, Dale, Butler, Coffee, Henry, Pike, Lowndes, 
 
 and Covington. 
 
 3. !Montgomery, Chambers, Autauga, Macon, Ku88ell,and 
 
 Tallapoosa. 
 
 4. Bibb, TuBcalooBa, Sumter, Greene, Perry, Fayette, and 
 
 Pickens. 
 
 5. Lauderdale, Lawrence, Limestone, Franklin, Morgan, 
 
 Marion, Walker, and Tlancock. 
 
 6. Marshall, Jackson, Madison, Blount, Do Kalb, and 
 
 Cherokee. 
 
 7. Coosa, Shelby, Talladega, Jefferson, St. Clair, Calhoun, 
 
 and Randolph. 
 
 *This portion of the Act seems to refer to Iiwolimtarj/ Bankruptcy^ though it is framed in a 
 somewhat intricate, if not indefinite phraseology. It applies evidently to cases where the S50 
 required to be deposited for fees is insufficient for the purpose; by Rule 30 of General Orders, (p* 
 117, McmuaQ in cases where it is proven satisfactorily to tho court that the debtor has no means 
 theDistrict Judge may direct that the fees and costs in such matter shall not be permitted to 
 exceed the amount of the $50 already deposited ; while, in tho Act (Sec. 47, p. 87, Manual) it is 
 laid down that if there are not sufficient assets for the payment of tho fees, the person upon whose 
 petition the warrant is issued (whether debtor or creditor) shall pay the same, and execution 
 against him to compel payment to the Register may be usued ; and yet again, in Rule 29 of Gen- 
 eral Orders, it is prescribed that the fees of the Register and other officers shall bo paid or secured 
 in all oases before they shall bo compelled to perform tho duties required of them. 
 
 ■Query 1st. Can a petitioner, whether debtor or creditor, be compelled to deposit u greater sum 
 thanS50. 2d. If not, can execution bo issued against him for costs, etc., in excess of that sum. 
 3d. Does the last paragraph in Rule 30 of General Orders, (p. 118 Manuat) apply to a debtor in 
 Voluntary or Involuntary proceedings? 
 
 t Many of tho Registers, it will bo found on examining the following List, are not residents 
 in tho Congressional Districts for which they have been appointed. In such cases, and when 
 the incumbents have reported no placo within the district at which they desire to bo addressed 
 their place of residence as indicated by thoir respective applications is given ; and whore Registers 
 who have been appointed from other States (as is frequently the case) have not reported their 
 intended place of residence within the district to which they aro respectively appointed, no address 
 is given,] 
 
KEGISTERS IN BANKRUPTCY. 
 B.'EQl&TEB.S— Continued. 
 
 233 
 
 NAME. 
 
 RESIDGNOB. 
 
 OONQtlSSSIONAL I)I3TKICTS. 
 
 ARKANSAS, 
 Elisha Baxter, Esq,... 
 
 A. W. Bishop, Esq.... 
 
 "W. M. Fi8hback,Esq. 
 
 CALIFORNIA. 
 Asber B. Bates, Esq. 
 
 S. J. Clark, Jr., Esq. 
 R. L.WoodworthjEsq 
 
 CONNECTICUT. 
 
 John Hooker, Esq 
 
 E. K. Foster, Esq 
 
 Robert Coit, Jr., Esq, 
 "Wm. K. Seely, Esq..., 
 
 DELAWARE. 
 
 Levi C. Bird, Esq .... 
 
 DIST. COLUMBIA. 
 
 J. Sayles Bowen, Esq. 
 
 FLORIDA. 
 F. "W. Osborn, Esq.... 
 Homer G. Plantz. 
 
 GEORGIA. 
 
 Joshua Hill, Esq.. 
 
 Batesville, Chi- 
 cot CO. 
 
 Little Rock, Pu- 
 laski CO. 
 
 Fort Smith, S6' 
 bastian co. 
 
 San FranciscOj 
 San Francis- 
 
 00 CO. 
 
 San Francisco, 
 San Francis- 
 co CO. 
 
 Petaluma, Sono- 
 ma co. 
 
 Hartford. 
 New Haven. 
 New London. 
 Fairfield CO., 
 Biidgepurt. 
 
 Wilmington, 
 "Washington. 
 
 Tallahassee, 
 Leon CO. 
 (Not reported.) 
 
 Madison, Mor- 
 gan CO. 
 
 F. S. Hesseltine, Esq. 
 
 0. G. McKinley, Esq. 
 A. G. Murray, Esq.... 
 A. G. Foster, Esq. 
 Gtiru't Andrews, Esq 
 
 Savannah. 
 
 Newnan, Cow- 
 eta CO. 
 
 Griffin, Spalding 
 
 CO. 
 
 Madison, Mor- 
 gan CO. 
 
 Wasliin'^ton. 
 Wiikcb CO. 
 
 1. Benton, Madison, Washington, Crawford, JiihiiNon, 
 
 Franklin, Newton, Carroll. Marion, Softrcy, Van 
 Buren, Popo, Izard, Fulton, Conway, Whito, Jackson, 
 Independence, Lawrence, Randolph, Greene, St, Fran- 
 cis, Poinsett, Mississippi, Crittfiudeii, and Pliillips. 
 
 2, Union, Calhoun, Crndley, Ashley, Drue, ArkanHas, Do- 
 
 sha, Chicot, Monioe, Prairie, Jefferson, Pulaslii, Saline, 
 Perry, Scott, Yell, Sebastian, Pulk, Montgomery, Hot 
 Springs, Dallas, Clark, Pike. Sevier, Hempstead, La- 
 fayette, Columbia, and Ouachita. 
 
 1. Fresno, Buena Vista, Los Angelos, Mariposa, Merced, 
 
 Mono, Monterey^ San Mateo, San Bernardino, San 
 Diego, San Francisco, San Luis QLispo, Santa Bai-bara, 
 Santa Clara, Santa Cruz, Stanislaus, and Tulure. 
 
 2. Almeda, Alpine, Amador, Calaveras, Contra Costa, El 
 
 Dorado, Mono, Nevada, Placer, Sacramento, San 
 Joaquin, and Tuolumne. 
 S. Butto, Colusa, Del Norto, Humbnldt, Klamath, Lake. 
 Lassen, Maiin, Mendocino, Napa, Pliima, Shastaj 
 Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, 
 Trinity, Yolo, and Yuba. 
 
 1. Hartford and Tolland. 
 
 2. New Haven and Middlesex. 
 
 3. New London and Windham. 
 
 4. Fairfield and Litchfield. 
 
 The State. 
 
 District of Columbia. 
 
 Northern District of Florida. 
 Southern District of Florida. 
 
 1. Appling, Bowen, Brooks, Bryan, Bulloch, Chatham, 
 
 Ciimden, Charlton, Colquitt, Clinch, Coffee, Echbls, 
 Effingham, Emanuel, Glynn, Irwin, Johnson, Laur- 
 ens, Liberty, Lowndes, Mcintosh, Montgomery, 
 Pierce, Scriven, Tatnall, Telfair, Thomas, Wayne, and 
 ^Vjiro. 
 
 2. Baker, Chattahoochio, Terrell, Worth, Onlhonn, Clay, 
 
 Miller, Decatur, Dougherty, Dooloy, Early, Houston, 
 Leo, MacOn, Marion, Pulaski, Randolph, Sumter, 
 Stewart, Webster, and Wilcox. 
 
 3. Campbell, Carroll, Clayton, Coweta, Fayette, Harris, 
 
 llarralson, Heard, Merriwother, Muscogee, Paulding, 
 Schley, Talbot, Taylor, and Trunp. 
 
 4. Baldwin, Bibb, Butts. Crawfonl, Henry, Jasper, Jones, 
 
 Monroe, Newton, Pike, Putnam, Spauldiug, Twiggs, 
 Upson, and Wilkinson. 
 
 5. Burke, Columbia, Elbert, Glasscock, Greene, Hancock, 
 
 Jefferson, Lincoln, Morgan, Oglethorpe, Richmond, 
 Talliaferro, Warren, Washington, and Wilkes. 
 P. Biinkf, Chirke, Dawson, Fannin, Forsyth, Franklin, 
 Ci mer, Gwinnett, Habersham, Hall, Hnrt, Jiickson, 
 Lumpkin, Madison, Milton, Pickens, Kabun, Towiifl, 
 Uni 'U, Walton, and White. 
 
234 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 REGISTERS— ConimwecZ. 
 
 RESIDENCE. 
 
 CO^TGRESSIONAL DISTRICTS. 
 
 Lawson Black, Esq.. 
 
 ILLINOIS. 
 LiDcoIn Clarke, £sq.. 
 
 A. B. Coon, HBq. 
 
 J. AddiBon Craia, Esq. 
 John T. Morgan. Esq.. 
 E. G. Johnson, Esq... 
 Colque'n Grant, Esq., 
 Frank Blades, Esq... 
 
 Frank. Welden, Esq., 
 N. W. Branson, Esq., 
 H. E. Dummer, Esq... 
 Wm. Lindsey, Esq..... 
 
 Benj. Mattice, Esq .... 
 Isaac Clements, Esq.. 
 
 INDIANA. 
 
 C.H.Butterfield,Esq. 
 
 N. C. Butler, Esq 
 
 Daniel S. Major, Esq , 
 T.B. McFadden,Esq., 
 John W. Kay, Esq.... 
 Jas. B. Mulky, Esq., 
 P. S. Kennedy, Esq.... 
 
 C. S. Parrish, Esq 
 
 John Morris, Esq 
 
 C. W. Chapman, Esq., 
 Aaron Gumey, Esq.. . 
 
 IOWA, 
 
 John Bruce, Esq 
 
 Milton M. Price, Esq. 
 "W. Drummond, Esq. 
 
 D. Anderson, Esq.. 
 
 Lafayette,'Walk' 
 er CO. 
 
 Chicago, Cook 
 
 CO. 
 
 Woodstock, Mc- 
 Henry co. 
 
 Freeport, Ste- 
 phenson CO, 
 
 Monmouth, 
 Warren co. 
 
 Peoria, Peoria 
 
 CO. 
 
 Morris, Grundy 
 
 CO. 
 
 Watseka, Iro- 
 quois CO. 
 
 Bloomington, 
 McLejin co. 
 
 RushviUe, 
 Schuyler co. 
 
 Jackson rjlle, 
 Morgan co. 
 
 Sumner, Law- 
 
 Mascoutah, St. 12, 
 
 Clair CO. 
 Carbondale, 13. 
 
 Jackson co 
 
 Evansville,Van- 
 
 derburg co. 
 New Albany, 
 
 Floyd CO. 
 Lawrence burg, 
 
 Dearbora co. 
 Shelby ville, 
 
 Shelby co. 
 Indianapolis, 
 
 Marion co. 
 Bloomington, 
 
 Monroe co. 
 Crawfordsville, 
 
 Montgomery 
 
 CO. 
 
 Wabash, Wa- 
 bash CO. 
 
 Fort Wayne, Al- 
 len CO. 
 
 Warsaw, Kosci- 
 usko CO. 
 
 Valparaiso, Por- 
 ter CO. 
 
 Keokuk, Lee co. 
 
 Davenport, 
 Scott CO. 
 
 McGregor, Clay- 
 ton CO. 
 
 Albia, Monroe 
 
 7. Bartow, Catoosa, Chattooga, Cherokee, Cobb, Dade, 
 Do Kalb, Floyd, Fulton, Gordon, MuiTay, Polk, 
 
 Walker, and Whitfield. 
 
 1. Cook. 
 
 2. Boone, De Kalb, Kane, Lake, McHenry, and 'Winne- 
 
 bago. 
 
 3. Carroll, Joe Daviess, Lee, Ogle, Stephenson, and White- 
 
 side. 
 
 4. Adams, Hancock, Ilenderson, Mercer, Rock Island, 
 
 and Warren. 
 
 5. Bureau, Henry, Knox, Marshall, Peoria, Putnam, and 
 
 Stark. 
 
 6. Dupage, Grundy, Kankakee, Kendall, Lasalle, and Will. 
 
 7. Champaign, Cowles, Cumberland, Douglas, Edgar, 
 
 Ford, Iroquois, Macon, Moultrie, Piatt, and Vermil- 
 lion. 
 
 8. De Wilt, Logan, Livingston, McLean, Sangamon, Taze- 
 
 well, and Woodford. 
 
 9. Brown, Casa, Fulton, Mason, McDonough, Menard, 
 
 Pike, and Schuyler. 
 
 10. Bond, Calhoun, Christian, Greene, .Jersey, Macoupin, 
 
 Montgomery, Morgan, Scott, and Shelby. 
 
 11. Clark, Clay, Crawford, Effingham, Fayette, Franklin, 
 
 Hamilton, .Jasper, Jefferson, Lawrence, Marion, Rich- 
 land, and Wayne. 
 
 Clinton, Madison, Monroe, Randolph, St. Clair, and 
 Washington. 
 
 Alexander, Edwards, Gallatin, Hardin, Jackson, John- 
 son, Massnc, Pope, Perry, Pulaski, Saline. Union, 
 Wabash, White, and Williamson. 
 
 1. Daviess, Duboip, Gibson, Knox, Martin, Pike, Posey, 
 
 Spencer, Vandeiburg, and Warrick. 
 
 2. Clark, Crawford, Floyd, Harrison, Orange, Perry, Scott, 
 
 and Washington. 
 
 3. Bartholomew, Brown, Jackson, Jefferson, Jennings, 
 
 Lawrence, Monroe, and Switzerland 
 
 4. Dearborn, Decatur, Franklin, Ohio, Ripley, and Rush. 
 
 5. Delaware, Fayette, Henry, Randolph, Union, and 
 
 AVayne. 
 C. Hancock, Hendricks, Johnson, Marion, Morgan, and 
 Shelby. 
 
 7. Clay, Greene, Owens, Parke, Putnam, Sullivan, Ver 
 
 million, and Vigo. 
 
 8. Boone, Carroll, Clinton, Fountain, Montgomery, Tip- 
 
 pecanoe, and Warren. 
 
 9. Benton, Cass, Fulton, Jasper, Lake, Laportc, Marshi'll, 
 
 Miami, Porter, Pulaski, Starke, St. Joseph, and White. 
 
 10. Allen, De Kalb, Mkhart, Kosciusko, Lagntnge, Noble, 
 
 Steuben, and Whitley. 
 
 11. Adams, Blackford, Grant, Hamilton, Howard, Hunt- 
 
 ington, Jay, Madison, Tipton, WabJish, and Wells. 
 
 1. Davis, Des Moines. Henry, JefTei'son, Lee, Louisa, Van 
 
 Buren, and Washington. 
 
 2. Cedar, Clinton, Jackson, Jones, Linn, Muscatine, and 
 
 Scott. 
 
 3. Allamakee, Bremer, Buchanan, Chickasaw, Clayton, 
 
 Diilaware, Dubuque, Fayette, Floyd, Howard, Mit- 
 chell, and Winiiesheik. 
 
 4. Appanoose, Benton, Inwa, Jasper, .Tohnsou, Keokuk, 
 
 Marion, Mahas.ca, Monroe, Powcsheik, Tama, and 
 Wapello, 
 
BEaiSTERS IN BANKRUPTCY. 
 EEGISTEES— Gontinued. 
 
 235 
 
 RESIDSNOE. 
 
 CONGRESBIONAL DISTRICTS. 
 
 John MitchGll, Esq.... 
 Charles Lowrie, Esq., 
 
 KANSAS. 
 Hiram Griswold, Esq. 
 
 KENTUCKY. 
 
 Des Moluos, 
 Polk CO. 
 
 BoonesborougU, 
 Boone CO. 
 
 IJeavenworth 
 City and co. 
 
 James Stuart, Esq.. 
 
 Owensboro, Da- 
 viess CO. 
 
 Jas. M. Eidler, Esq,. 
 
 Lebanon, Mari- 
 on co. 
 
 Jno. AV. Finnell, Esq. 
 
 Covington, Ken 
 ton CO. 
 
 Jno. M. Tuttle, Esq.. 
 
 Monticello, 
 Wayne co. 
 
 LOUISIANA. 
 G. L. Kellogg, Esq.... 
 
 A. J. Hamilton, Esq. 
 E. E. Norton, Esq 
 
 Col. N. W. Daniels.... 
 
 W. J. Q. Baker, Esq. 
 
 MAINE. 
 
 Gen. J. D. Fessenden. 
 Hoo.Seth May 
 
 S. S. Marble, Esq 
 
 Chas, Hamlin, Esq. . 
 Peter Thacher, Esq... 
 
 New Orleans, 
 Orleans p. 
 
 New Orleans, 
 Orleans p. 
 
 New Orleans, 
 Orleans p. 
 
 [Not reported.] 
 
 Monroe, 'Waflhi- 
 ta parish. 
 
 Portland , 
 
 Auburn, Andros- 
 coggin CO. 
 
 Waldoborough, 
 Lincoln co. 
 
 Bangor 
 
 liockland, Knox 
 
 CO. I 
 
 B. Adair, Adams, Audubon, Caaa, Ohuk, Diillns, Decatur, 
 Fremont, Guthrie, llarnsun, Luciis. Madison, Mills, 
 Montgomery, Page, Pulk, 1 ottuwatomio, Biiiggold, 
 Shelby, Taylor, Union, Warren, and Wayne. 
 
 6. Black Hawk, Boono, Buena Vibtu, Butler, Lalhoun, 
 Carroll, Cerro Gordo, Chernkee, Clay, Crawford, Dick- 
 inson, Emmett, Franklin, Green, Grundy, Hamilton, 
 Hancock, Hardin, Ilumboldt, Ida, Koijsuth, Linn, 
 Marshall, Monona, O'lirion, Palo Alto, Plymouth, 
 Pocahontas, Sac, Story, Webster, Worth, Woodbury, 
 Wright, and Winnebago. 
 
 The State. 
 
 1. Ballard, Caldwell, Calloway, Crittenden, Fulton, Graves, 
 
 Hickman, Livingston, Lyon, Marshall, McCrackon, 
 Trigg, Union, and Webster. 
 
 2. Batler, Breckenridge, Christian, Daviess, Edmonson, 
 
 Grayson, Hancock, Henderson, Hopkins, Muhlen- 
 hurg, McLean, and Ohio. 
 
 3. Allen, Barren, Clinton, Cumberland, Hart, Logan, 
 
 Metcalf, Monroe, Russell, Simpson, Todd, and War- 
 ren. 
 
 4. Adair, Anderson, Bullitt, Casey, Green, Hardin, Larue, 
 
 Marion, Mead, Nelson, Shelby, Spencer, Taylor, and 
 Washington. 
 
 5. City of Louisville, Henry, Jefferson, and Oldham. 
 
 6. Bracken, Boone, Campbell, Carroll, Grant, Gallatin, 
 
 Harrison, Kenton, Pendleton, and Trimble. 
 
 7. Bourbon, Boyle, Chirk, Fayette, Franklin, Jessamine, 
 
 Lincoln, Mercer, Nicholas, Scott, and Woodford. 
 
 8. Breathitt, Clay, Eetell, Garrard, Harlan, Jackson, 
 
 Knox, Laurel, Letcher, Madison, Owsley, Perry, Pu- 
 laski, Rockcastle, Wayne, Whitley, and Wolfe. 
 
 9. Bath. Boyd, Carter,FIeming,B'loyd, Greenup, Johnson, 
 
 Lawrence, Lewis, Mason, Magoffin, Montgomery, 
 Morgan, Pike, Powell, and Rowan. 
 
 1. The parishes of Plaquemines, St. Bernard, and that 
 
 portion of the parish of Orleans which lies on the 
 right bank of the Mississippi, and the said parish on 
 the left bank below Canal street, in the city of New 
 Orleans, including said city below said street. 
 
 2. Upper portion of the city of New Orleans, commencing 
 
 at Canal street, and Ascension, Assumption, Jeffer- 
 son, Lafourche, St. Charles, St. James, St. John, St. 
 Martin, St. Mary, and Terrebonne i)arisheH. 
 
 8. Avoyelles, Catahoula, Carroll, Cowcordia, East Felici- 
 ana, East Baton Rouge, IberviMe, Livingston, Madi- 
 son, Point Coupe, St. Helena, St Tammany, Tensas, 
 Washington, West Feliciana, and West Baton Rouge 
 parishes. 
 
 4. Bienville, Bossier, Caddo, Calcasieu, Cauldwell, Clai- 
 borne, De Soto, Franklin, Jackson, Lafayette, More- 
 house, Natchitoches, Ouachita, Rapides, Sabine, St. 
 I4andry, Union, Vermillion, and Winn parishes. 
 
 1. Cumberland and York. 
 
 2. Androscoggin, Franklin, Oxford, and Sagadahoc. 
 
 3. Kennebec, Lincoln, Somerset, and half of Knox. 
 
 4. Aroostook, Penobscot, and Piscataquis. 
 
 6. Waldo, Hancock, and Washington; and Applcton, 
 Camden, Hope, Rockland, South Tkoiuostou, and 
 Islesboro', in ICnox county. 
 
236 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 REGISTERS— Cb?i£wwe(?. 
 
 MARYLAND. 
 
 G. M. Russum, Esq., 
 O.F. Bump, Esq 
 
 R. S. Matthews; Esq. 
 B. P. M. Hurley, Esq. 
 
 Shelby Clark, Esq 
 
 MASSACnUSETTS. 
 
 A. S. Oushman, Esq.. 
 
 Sam'l B. Noye5,Esq. 
 
 William Rogers, Esq. 
 
 S L. Thorndike, Esq, 
 
 , Esq.... 
 
 E. J. Shorman, Esq.., 
 
 A. P. Jewett, Esq 
 
 Peter C. Bacon, Esq.. 
 
 I. F, Conkoy, Esq 
 
 Joseph Tucker, Esq.. 
 
 MICHIGAN. 
 
 Hovey K. Clark, Esq. 
 
 J. D. Burns, Esq 
 
 Eugene Pringle, Esq. 
 
 H. E.Thompson, Esq. 
 
 Charles Draper, Esq.. 
 Benj. J. Brown, Esq.. 
 
 MINNESOTA. 
 
 0. P. Stearns, Esq 
 
 A. Edgerton, Esq 
 
 MISSISSIPPI. 
 E. C. Gillomvater, Esq 
 
 B. S. Fairfield, E.sq 
 
 Denton,CaroHne 
 
 Baltimore.. 
 
 Baltimore 
 
 Hagerstown, 
 Washington 
 CO. '^ 
 
 Upper Marlbo- 
 rough, Prince 
 George's co. 
 
 New Bedford 
 
 Bristol CO. 
 Canton, Norfolk 
 
 CO. 
 
 Boston 
 
 CONGRESSIONAL DISTRICTS. 
 
 Boston 
 
 Boston , 
 
 Lawrence, Es- 
 sex CO. 
 
 Lowell, Middle- 
 sex CO. 
 
 Worcester..., 
 
 Amherst, Hamp' 
 shire co. 
 
 Lenox, Berk- 
 shire CO. 
 
 Detroit, Wayne 
 
 CO. 
 
 Kalamazoo,KaI- 
 amazoo co. 
 
 Jackson, Jack- 
 son CO. 
 
 Grand Rapids, 
 Kent CO. 
 
 Pontiac, Oak- 
 land CO. 
 East Saginaw, 
 law CO. 
 
 Rochester, 01m- 
 sCead CO. 
 
 St. Paul, Ram- 
 Boy CO. 
 
 Corinth, TishO' 
 minuo CO. 
 
 Greninlft, Yalhi- 
 busha CO. 
 
 1. Caroline, Cecil, Dorchester, Kent, Queen Anne, Somer- 
 
 set. Talbot, and Worcester, 
 
 2. Hartford county and the 5th, 6th, 7th, 9th, 10th, 
 
 11th, and 12th districts of B.iltimore conntj', and tlie 
 1st, 2d, 3d, 4th, 5tb, 6th, and 7th wards of Baltimore 
 city. 
 
 3. 8tb, 9th, 10th, 11th, 12th. 13th, 14th, 15th, 16th, 17th, 
 
 Ibth, 19th, and 20th wards in the city of Baltimore. 
 
 4. Alleghany, Carroll, Frederick, and Washiogton. 
 
 5. Anne Arundel, Calvert, Charles, Howard, Montgomery, 
 Prince George's, St. Mary's and part of Baltimore 
 county. 
 
 1. Barnstable, Dukes, and Nantucket, and parts of BriBtol 
 
 and Plymouth couaties. 
 
 2. Parts of the counties ofBristol, Norfolk, and Plymouth. 
 
 3. 4tb, 7th, 8th, 10th, 11th, and 12th wards in the city of 
 
 Boston, Roxbury, and Brookiine. 
 
 4. Suffolk. 
 
 5. Essex. 
 
 6. Parts of Essex and Middlesex. 
 
 7. Partsof Middlesex and Norfolk. 
 
 8. The city of Worcester, and parts of Worcester and Nor- 
 
 folk counties. 
 
 9. Franklin, Hampshire, and northern part of Worcester. 
 
 10. Berkshire and Hampden. 
 
 1. Hillsdale, Lenawee, Monroe, and Wayne. 
 
 2. Allegan, Berrien, Branch, Cass, Kalamazoo, St. Jo- 
 
 seph, and Van Buren. 
 
 3. Calhoun, Eaton, Ingham, Jackson, and Washtenaw. 
 
 "4. Antrim, Barry, Delta, Emmet, Grand Traverse, Ionia, 
 Kalcaska, Kent, Lake, Leelanaw, Mackinaw, Miinis- 
 tee, Manitou, Mason, Mecosta, Missaukee, Montcalm, 
 Muskegon, Newago, Oceana, Osceola, Ottawa, Sheboy- 
 gan, and Wexford. 
 
 5. Lapeer, Livingston, Macomb, Oakland, Sanilac, and St. 
 
 Clair. 
 
 6. Alcona, Alpena, Bay, Chippewii, Clair, Clinton, Craw- 
 
 ford, Genesee, Gladwin, Gratiot. Houghton, Huron, 
 Iosco, Isabella, Marquette, Menomony, Midland, 
 Montmorenci, Ogenaw, Otsego, Ontonagon, Presque 
 Isle, Roscommon, Saginaw, Schoolcraft, Shiawassee, 
 and Tuscola. 
 
 1. Brown, Blue Earth, Cottonwood, Dodge, Fnribault, Fill- 
 
 more, Freeborn, Houston, Jackson, Le Suer, Martin, 
 Mower, Nicollet, Oimstead, Renville, Rice, Scott, Sib- 
 ley, Stcple, Waseca, and Winona. 
 
 2. Anoka, Benton, Carver, Chisago, Crow Wing, Dakota, 
 
 Goodhue, Hennepin, Isanti, Manomin, McLcod, 
 Meeker, Mille L-ic, Morrison, Pine, Ramsey, Sber- 
 hurne, Stearns, St. Louis, Wabashaw, Washington, 
 and Wright. 
 
 1. Coahoma, De Soto, Lafayette, Marshall, Penola, Ponto- 
 
 toc, Tippah, Tishemingo, and Tunica. 
 
 2. Bnlivar, Calhoun, Chicliasaw. Itawamba, Monroe, Sun- 
 
 flower, Tallahatchie, and Yallabusha. 
 
EEGISTEUS IN BANKllUPTCY. 
 
 EEQISTEES— Coniinued. 
 
 287 
 
 CONGRESSIOIfAL DISTRICTS. 
 
 J.'W. Field, Esq.... 
 G. C. McKoe, Esq.., 
 
 L. W. Perce, Esq... 
 
 Columbus, 
 
 Lowudos CO. 
 Vicksburg, 
 
 "Warreii co. 
 
 Natchez, Adams 
 
 MISSOURI. 
 
 Lucien Eaton, Esq ... 
 
 Eqos Clai'ko, Esq.. 
 Alex. Koss, Esq.... 
 
 St. Louis.. 
 St. Louis.. 
 
 H. J. Lindeubower. 
 Esq. 
 
 Mile Blair, Esq.. 
 
 James H. Beatty, Esq 
 
 M. L. Harrington, 
 Esq. 
 
 F. A. Jones, Esq 
 
 E. P. Johnson, Esq.. 
 
 NEVADA. 
 
 D. Cooper, Esq .. 
 
 NEW HAMPSHIRE, 
 
 T. E, Sawyer, Esq 
 
 A. W, Sawyer, Esq 
 
 W. H. H. Allen, Esq. 
 
 NEW JERSEY. 
 C. P. Stratton, Esq... 
 W, S. Johnson, Esq., 
 J, C. Elmendorf, Esq., 
 
 T. D. Hoxsey, Esq..... 
 Staats S. Morris, Esq.. 
 
 NEW YORK. 
 W. H. Gleason, Esq... 
 D. 0. Winslow, Esq.., 
 
 Cape Girardeau, 
 Girardeau co 
 
 Springfield, 
 Green co. 
 
 Boonevillo, 
 Cooper CO, 
 
 Lexington, La- 
 fiiyette co. 
 
 St. Joseph, Bu- 
 chanan CO, 
 
 Macon City, Ma- 
 
 COU CO, 
 
 Louisiana, Pike 
 
 CO. 
 
 Austin, Lander 
 
 CO. 
 
 Dover, Strafford 
 
 CO. 
 
 Nashua, Hills- 
 borough CO. 
 
 Newport, Sulli- 
 van CO. 
 
 Camden, Cam- 
 den CO. 
 Trenton, Mercer 
 
 CO. 
 
 New Brunswick, 
 Middlesex 
 
 CO. 
 
 Paterson, Pas- 
 saic CO. 
 
 Newark. 
 
 Sag Harbor, Suf- 
 folk CO., L. I. 
 Brooklyn. 
 
 3. Attala, Carroll, Choctaw, Kempur, Loake, Lowndes, Ne- 
 
 shoba, Noxubee, Oktibbcbrt, and Winston. 
 
 4. Clark, Hinds, U"!yies, laaquinn, Jasper, Laudordale, 
 
 Madison, Nowton, Rankin, Scott, Smilh, Warren, 
 Washington, and Yaxoo. 
 
 5. Adams, Amite, Claiborne, Copiah, Covington, Franklin, 
 
 Qrceuo, Hancock, Harrison. Jackson, Jefferson, Jones, 
 Lawrence, Marion, Perry, Pike, Simpson, Wayne, and 
 Wilkinson. 
 
 1. 4th, 5th, 6th, 7th, 8th, 9th, and 10th wards in the city 
 
 of St. Louis, and parts of St. Louis and Control and the 
 whole of St. Ferdinand townships. 
 
 2, lat, 2d, and 3d wards, and south part of St. Louis 
 
 county, and Crawford, Franklin, Gasconade, Jefferson, 
 Marie, Osage, l>holpB, and Pulaslri. 
 S, Bollinger, liutlcr, Cape Oirordoau, Carter, Dent, Dun- 
 can, Iron, Madison, Mississippi, New Madrid, Oregon, 
 PeniiBuott, Perry, Roynolijls, Ripley, Scott, Shannon, 
 St. Francis, St. Genevieve, Stoddard, Washington, and 
 Way no. 
 
 4. Barry, Barton, Cedar, Christian, Dade, Dallas, Douglas, 
 
 Greene, Howell, Jasper, Laclede, Lawrence, McDon- 
 ald, Newton, Ozark, Polk, Pulaski, St. Clair, Stone, 
 Taney, Texas, Webster, and Wright. 
 
 5. Bates, Benton, Camden, Cass, Cole, Cooper, Henry, 
 
 Hickory, Johnson, Miller, Moniteau, Morgan, Pettis, 
 St. Clair, and Vernon. 
 
 6. Caldwell, Carroll, Chariton, Clay, Clinton, Jackson, La- 
 
 fayette, Pl^itt, Kay, and Saline. 
 
 7. Andrew, Atchison, Buchanan, Davis, Do Kalb, Gentry, 
 
 Grundy, Hai-rison, Holt, Livingston, Mercer, Noda- 
 way, Putniim, Sullivan, and Worth. 
 
 8. Adair, Clark, Howard, Knox, Lewis, Linn, Macon, Ma- 
 
 rion, Randolph, Scotland, Schuyler, and Shelby. 
 
 9. Audrian, Boone, Callaway, Lincoln, Montgomery, Mon- 
 
 roe, Pike, Ralls, St. Charles, and Warren. 
 
 The State. 
 
 1. Carroll, Belknap, Rockingham, and Strafford. 
 
 2. Hillsborough and Merrimack. 
 
 3. Cheshire, Coos, Grafton, and Sullivan, 
 
 1. Atlantic, Camden, Gape May, Ciunberland, Gloucester, 
 
 and Salem. 
 
 2. Burlington, Mercer, Monmouth, and Ocean. 
 
 3. Hunterdon, Middlesex, Somerset, Union, and Warren, 
 
 4. Bergen, Morris, Passaic, Sussex, and all Essex, except 
 
 the city of Newark. 
 6. City of Newark aod county of Hudson. 
 
 1. Queens, Richmond, and Suffolk. 
 
 2. 6th, 8tb, 9th, 10th, 12th,. 14th, 16th, 17th, and 18th 
 
 wards in the city of Brooklyn, and part of Kings 
 county. 
 
238 MANUAL OF THE U, S. BANKRUPT ACT, 1867. 
 
 :R^Grl^TERB -Continued. 
 
 G. ir. Fiaher, Esq 
 
 li:. S. MillFi, Esq 
 
 I. T. WilliamB, Esq... 
 
 John Pitch, Esq , 
 
 Isaac Dayton, Esq 
 
 Ileni-y W. Allen, Esq, 
 Gen. Jas. F. Dwight. 
 Edgar Eetcham, Esq: 
 
 Odlo Close, Esq 
 
 John W. Little, Esq., 
 Charles L. Beale, Esq 
 Theo. B. Gates, Esq.. 
 
 A. B. Voorhees, Esq. 
 Harvey J. King, Esq. 
 
 Samuel Ames, Esq.. 
 
 B. G. Baldwin, Esq., 
 
 Wm. A. Sackett, Esq. 
 
 E. Countryman, Esq, 
 
 M. A.IIacldey, Esq. 
 
 "W. H, ComstockjEgq 
 
 A.Z. McCarty,Esq., 
 
 Daniel P. Gott, Esq., 
 S. G. Hadley.Esq..... 
 
 Morris Brown, Esq.,., 
 
 Hull Fanton, Esq 
 
 Harlo Hakes, Esq 
 
 J. D. Husbands, Esq... 
 G. W. Bowen, Esq.... 
 
 E. C. Sprague, Esq.... 
 
 C. P. Tedder, Esq. 
 
 NORTHCAKOLINA, 
 
 E. W. Jones, Esq.. 
 
 E. F. Lehman, Esq... 
 
 B. J. Howze,EBq 
 
 "Wm. Guthrie, Esq... . 
 
 T. B, Keogh, Esq 
 
 R. n. Broadfield, Esq. 
 C.A.aily,Esq 
 
 Williams burgh. 
 
 Brooklyn 
 
 New York city. 
 
 White Plains, 
 Westchester 
 
 CO. 
 
 Newborgh, Or- 
 ange CO. 
 
 Hudson, Colum- 
 bia CO. 
 
 Kingston, Ul- 
 ster CO. 
 
 Albany 
 
 Troy, Rensse- 
 laer CO. 
 
 Kcesville, Essex 
 
 North Potsdam, 
 
 St. Law. CO. 
 
 Saratoga Spr'gs. 
 
 Coopers town, 
 Otsego CO. 
 
 Belleville, Jef- 
 ferson CO. 
 
 Utica, Oneida 
 
 CO. 
 
 Pulaski, Oswe- 
 go CO. 
 
 Syracuse , 
 
 Waterloo, Sen- 
 eca CO. 
 
 Penn Yan, 
 Yates CO. 
 
 Ha'*ana, 
 Schuyler co. 
 
 Hornellsville, 
 Steuben co. 
 
 Rochester. 
 
 Lockport, 
 Niagara CO. 
 
 Buffalo , 
 
 ElUcottville 
 
 C0K0RES8I0NAL DISTRICTS. 
 
 Plymouth, 
 
 Washington co. 
 
 Newbern, Cra- 
 ven CO, 
 
 Haywood, 
 Chatham co. 
 
 Chapel Hill, 
 Orange co. 
 
 Greensboro, 
 Guilford co. 
 
 Salisbury, 
 Rowan co. 
 
 Lenoir, Cald- 
 well CO. 
 
 . 1st, 2d, 3d, 4th, 5th, 7th, 11th, 13th, 15th, and 19th 
 
 wards in the city of Brooklyn. 
 Ist, 2d, 3d, 4th, 5th, 6th, and 8th wards in the city of 
 
 New York. 
 , 7th, 10th, 13th, and 14th wards of the city of New 
 
 York. 
 , 9th, 15th, and 16th wards in the city of New York, 
 , nth and 17th wards in the city of New York. 
 , tSth, 20tli, and 2l8t wards in the city of Now York. 
 12th, 19th, and 22d wards in the city of Now York, in- 
 
 cludmg Blackwell's, Ward's, and Randall's Islands. 
 Putnam, Rockland, and Westchester. 
 
 Orange and Sullivan. 
 
 Columbia and Dutchess. 
 
 Greene and Ulster. 
 
 Albany and Schoharie. 
 Rensselaer and Washington. 
 
 Clinton, Essex, and Warren. 
 
 Franklin and St. Lawrence. 
 
 Fulton, Hamilton, Montgomery, Saratoga, and Schen- 
 ectady. 
 Chenango, Delaware, and Otsego. 
 
 Herkimer, Jefferson, and Lewis. 
 
 Oneida. 
 
 Madison and Oswego. 
 
 Cortland and Onondaga. 
 Cayuga, Seneca, and Wayne. 
 
 Livingston, Ontario, and Yates. 
 
 Broome, Schuyler, Tioga, and Tompkins. 
 
 Allegany, Chemung, and Steuben. 
 
 Monroe and Orleans. 
 
 Genesee, Niagara, and Wyoming. 
 
 Erie. 
 
 Cattaraugus and Chatauqua. 
 
 Bertie, Camden, Chowan, Currituck, Gates, Halifax, 
 Hertford, Martin, Northampton, Pasquotank, Per- 
 quimans, Tyrell, and Washington. 
 
 Beaufort, Cartei-et, Craven, Edgecomb, Green, Hyde, 
 Jones, Lenoir, Onslow, Pitt, and Wayne. 
 
 Bladen, Brunswick, Columbus, Cumberland, Duplin, 
 New Hanover, Richmond, Robeson, and Sampson. 
 
 Franklin, Granville, Johnson, Nash, Orange, Wake, 
 and Warren. 
 
 Alamance, Caswell, Chatham, Guilford, Montgomery, 
 
 , Moore, Person,' and Randolph. 
 
 Alexander, Ashe, Davidson, Davie, Forsyth, Iredell, 
 Rockingham, Stokes, Surry, and Yadkin. 
 
 Anson, Cabarrus, Catawba, Cleveland, Gaston, Lincoln. 
 Mecklenburg, Rowau, Stanley, and Union. 
 
 Buncombe, Burke, Caldwell, Cherokee, Haywood, Hen- 
 derson, Jackson, Macon, Madison, McDowell, Ruther- 
 ford, Watauga, Wilkes, and Yancy. 
 
KEGISTEUS IN BANKRUPTCY. 
 
 REGISTERS— Co?i«imtec2. 
 
 239 
 
 NEBRASKA. 
 S. M. Kicli, Esq.... 
 
 OHIO. 
 E. P. Cranch, Esq.. 
 
 Flameti Ball, Esq... 
 
 D.W. IddingB, Esq.... 
 
 John Bevor, Esq 
 
 K. P. Kennedy, Esq... 
 M. B.Walker, Esq 
 
 J. G. Mitchell, Esq.... 
 
 H. C. Hedges, Esq 
 
 E. Sawyer, Esq 
 
 J. n. Swigart, Esq 
 
 Elisha Glover, Esq.... 
 
 S. F. Mc'"oy, Esq 
 
 G. D. Munson, Esq.... 
 
 J. C. Devin, Esq 
 
 W. W. Boy n ton, Esq. 
 Reuben L, Nye, Esq... 
 
 G. W. Hoge, Esq 
 
 Cornelius Curry, Esq 
 
 M. R. Keith, Esq 
 
 L. C. JoDcs, Esq 
 
 OREGON. 
 J. B. Underwood, Esq. 
 
 PENNSYLVANIA. 
 James Parsons, Esq.; 
 W. McMichael,Esq..., 
 Benj. P. Fisher, Esq.. 
 J. H. Ashton, Esq...-. 
 EdwiuT.ChaBe,Esq., 
 Geo. N, CorsoD, Esq., 
 
 S. B. Thomas, Bsq...». 
 H. Maltzberger, Ilsq., 
 
 RESIDENCE. 
 
 Brownsville.Ne' 
 maha co. 
 
 Cincinnati.. 
 
 Dayton. Mont- 
 gomery CO. 
 
 Greenville, 
 Darke co. 
 
 Bellefontaine, 
 liOgan CO. 
 
 Findlay, Han- 
 cock CO. 
 
 Co him bus, 
 
 Franklin co. 
 Mansiield, 
 
 Richland co. 
 Norwalk, Hu- 
 ron CO. 
 Napoleon, 
 
 Henry co. 
 Portsranuth, 
 
 Sciota CO. 
 Chillicotho, 
 
 Ross CO. 
 Zanesville, 
 
 Muskitt'm co, 
 Monnt Vernon, 
 
 Knox CO. 
 Elyiia, Loraine 
 
 CO. 
 
 Miirietta, 
 WaghiuK'nco. 
 
 St. Clairville, 
 Belmont co. 
 
 New Lisbon, 
 Columb'a co. 
 
 Cleveland, 
 Cuyahoga co. 
 
 Warren, Trum- 
 bull CO. 
 
 Eugene City, 
 Lane co. 
 
 Philadelphia. 
 
 Norn's town, 
 Montgomery 
 
 CO. 
 
 Sledia, Delaware 
 
 CO. 
 
 Reailing, Berks 
 
 CO. 
 
 oonohessional districts. 
 
 State at largo. 
 
 1. iBt, 2d, Sd, 4th, 6t.h, 7th, 9th, 10th, lUh, 13th, and 17th 
 
 wards, Cincinnati, and eastern part of Hamilton 
 county. 
 
 2. 6th, 8th, 12th, 14th, 15th, :6th, and 18th wards of the 
 
 city of Cincinnati, and western part of Hamilton 
 county. 
 
 3. Butler, Montgomery, Preble, and Warren. 
 
 4. Champaign, Darke, Logan, Miami, and Shelby. 
 
 5. Allen, Auglaize. Hancock. Harden, Mercer, Van Wert, 
 
 fliul Wyimdott. 
 
 6. Brown, Clermont, Clinton, Fayette, and Highland. 
 
 7. Clark, Franklin, Greene, and Madison. 
 
 8. Delaware, Marion, Morrow, Richland, and Union. 
 
 9. Crawford, Erie, Huron, Ottawa, Sandusky, and Senoca. 
 
 10. Defiance, Fulton, Henry, Lucas. Paulding, Putnam, Wil- 
 
 liams, and Wood. 
 
 11. Adams, Gali:i, Jackson, Lawrence, Sciota, and Vinton. 
 
 12. Fairfield, Hocking, Perry, Pickaway, Pike, and Ross. 
 
 13. Coshocton, Knox, Licking, and Muskingum. 
 
 14. Ashland, Holmes, Loraine, Medina, and Wayne. 
 
 15. Athens, Meigs, Monroe, Morgan, and Washington. 
 
 16. Belmont, Guernsey, Harrison, Noble, and Tuscarawas. 
 
 17. Carroll, Columbiana, Jefferson, and Stark. 
 
 18. Cuyahoga, Lake, and Summit. 
 
 19. Ashtabula, Geauga, Mahoning, Portage, and Trumbull. 
 
 I 
 
 State at large. 
 
 1. 2d. 3d, 4th, 5th, 6tb, and 11th wards of the city of 
 
 Philadelphia. 
 
 2. 1st, 7th, 8th, 9th, and 10th wards of the city of Phila- 
 
 delphia. 
 
 3. 12th, 13th, 16th, 17th, 18th, and 19th wards of the city 
 
 of Philadelphia. 
 
 4. 14lli, 15th, 20th, 2l8t, and 24th wards of the city of 
 
 Philadelphia. 
 6. 22d, 23d. and 25th wards of the city of Philadelphia, 
 and Bncks county. 
 
 6. Lehigh and Montgomery 
 
 7. Chester and Delaware. 
 
 8. Berks. 
 
240 MANUAL OF, THE U. S. BAITKRUPT ACT, 1867. 
 
 BEGISTERS— CbTiimwed 
 
 A. Slaymaker, Esq.... 
 
 Jojia P. Hobart, Ksq., 
 
 TVm. E. Doster, Esq.. 
 
 Ed. N. Willard, Esq., 
 
 Edw. Overton, Esq..., 
 
 J. M. Weifitling, Esq., 
 
 C. A. Barnett, Esq 
 
 Hastings Gehr, Esq., 
 
 J. Brotherline, Esq., 
 
 Fred.E. Smith, Esq.. 
 S. E. Woodruff, Esq,, 
 
 L. D. Rogers, Esq 
 
 Jas. A. Hunter, Esq., 
 
 Samuel Harper, Esq., 
 J. N. Purviance, Esq. 
 J. B. Donley, Esq 
 
 RHODE ISLAND. 
 
 Jas. M. Clarke, Esq. 
 W. W. Hoppin, Esq. 
 
 SOUTH CAROLINA, 
 A. J. Willard, Esq , 
 
 R. B. Carpenter, Esq., 
 
 Jas. M. Rutland, Esq., 
 "VV. J. Clawson, Esq., 
 
 TENNESSEE. 
 Joel A. Dewey, Esq.. 
 
 L. S.TrowbridgOjEsq. 
 
 J, W. JolinstonjEsq. 
 
 RESroENCE. 
 
 Lancaster City. 
 Lancaster CO. 
 
 Pottsville, 
 Schuylkill CO. 
 
 Easton, North- 
 ampton CO. 
 
 Scran ton, Lu- 
 zerne CO. 
 
 Towanda, Brad- 
 ford CO. 
 
 Harrisburg, 
 Dauphin co. 
 
 New Bloomfleld, 
 Perry co. 
 
 Chambers burg, 
 Franklin co. 
 
 Hollidaj'sburg, 
 Blair co, 
 
 Tioga, Tioga co. 
 
 Girard, Erie co 
 
 Franklin, Ve- 
 nango CO. 
 
 Green sburgh, 
 Westmore- 
 land CO. 
 
 Pittsburgh 
 
 CONGRESSIONAL DISTRICTS. 
 
 Waynesburg, 
 Greene co. 
 
 Providence.. 
 
 Charleston.. 
 
 Winnsboro, 
 
 Fairfield co. 
 Torkville, York 
 
 CO. 
 
 Dandridge, Jef- 
 ferson CO. 
 
 Knoxville, 
 Knox CO. 
 
 McMinnvllle, 
 Warren co. 
 
 9. Lancaster. 
 
 10. Lebanon and Schuylkill. 
 
 11. Carbon, Monroe, Northampton, Pike, and Wayne. 
 ] 2. Luzerno and Susquehanna. 
 
 13. Bradford, Columbia, Montour, Sullivan, and Wyoming. 
 
 14. Dnuphin, Juniata, Northumberland, Snyder, and 
 
 Union. 
 
 15. Cumberland, Perry, and York, 
 
 16. Adams, Bedford, Franklin, Fulton, and Somerset. 
 
 17. Blair, Cambria, Huntingdon, and MiGlin. 
 
 18. Contro, Clinton, Lycoming, Potter, and Tioga. 
 
 19. Cameron, Clearfield, Elk, Erie, Forrest, Jefferson, 
 
 McKean, and Warren. 
 
 20. Clai'ion, Crawford, Mercer, and Venango. 
 
 21. Fayette, Indiana, and Westmoreland. 
 
 22. City of Pittsburgh and all of Allegheny county south 
 
 of the Allegheny river. 
 
 23. All of Allegheny county north and west of the Alle- 
 
 gheny and Ohio rivers, and Armstrong and Butler. 
 
 24. Beaver, Greene, LawTence, and Washington. 
 
 1. Bristol, seven-eighths of Providence county, and all of 
 
 Newport, except New Shpreham and Jamestown. 
 
 2. Ihe Western District contains the following: Burrill- 
 
 ville, Charleston, Coventry, Cranston, East Green- 
 wich, Exeter, Foster, Gloucester, Ilopklnton, John- 
 ston, New Shoreham, North Kingston, Richmond, 
 Scituate, South Kingston, Warwick, Westerly, and 
 West Greenwich. 
 
 1. All-Saints' Parish, Chesterfield, Darlington, George- 
 
 town, Henry, Lancaster, Marlborough, Marion, and 
 Williamsburg, districts. 
 
 2. Berkley, Christ Church, City of Charleston, Goose 
 
 Creek, James Island, Santee, St. Andrews, St. James, 
 St. Dennis, St. Johns, St. Stephens, and St, Thomas 
 parishes. 
 
 3. Barnwell, Beaufort, Colleton, and Ogdensburg districts, 
 
 and -the pai-ish of St. John's Colleton. 
 
 4. Abbeville, Edgefield, Laurens, Lexington, and New- 
 
 berry districts. 
 
 5. Anderson, Greenville, Pickens, Spai-tanburg, and Union 
 
 districts. 
 
 6. Chester, Clarendon, Farfield, Kershaw, Richland, Sum- 
 " ter, and York districts. 
 
 1. Carter, Cocke, Grainger, Greene, Hancock, Hawkins, 
 
 Jefferson, Johnson, Sevier, Sullivan, and Washing- 
 ton. 
 
 2. Anderson, Blount, Bradley, Campbell, Claiborne, Knox, 
 
 McMinn, Morgan, Munroe, Polk, Roane, Scott, and 
 Union. 
 8. Bledsoe, Cumberland, De Kalb, Fentress, Grundy, 
 Jackson, Hiimilton. Macon, Marion, Meigs, Overton, 
 Pntuaui, Rhea, Sequatchie, Smith, Van Buron, War- 
 ren, and White. 
 
EBGISTBRS IN BANKRUPTCY. 
 
 B,EQISTEB.S— Continued. 
 
 241 
 
 C0NQRE8SI0HAL DISTIUOTS. 
 
 ■W. N. Doughty, Esq.. 
 
 Alex. S. Bradley, Esq. 
 J. Jay Buck, Esq 
 
 S. W. Hatchett, Esq., 
 John C. Foblcs, Esq.. 
 
 TEXAS. 
 G. W. Whitmore, Esq, 
 
 J. J. Thornton, Esq.. 
 
 Wm, D. Price, Esq.... 
 
 Jesse Stancel, Esq..... 
 
 TERMONT. 
 A. P. Lyman, Esq.. 
 
 Chaa. K. Field, Esq. 
 W.D.Crane, Esq. 
 
 VIRGINIA. 
 L. Q. Bowden, Esq... 
 
 B.B. Foster, Esq.. 
 
 H. a. Bond, Esq. 
 W. W. Forbes, Esq. 
 
 J. T. Cobbs, Esq.. 
 C. D. Gray, Esq.. 
 
 Lyeander Hill, Esq. 
 
 C. A. Chipley, Esq. 
 
 Murfreesbor- 
 ough, Ruth 
 ertbrd co. 
 
 Nashville, Da- 
 vidson CO. 
 
 Glarksville, 
 Montgomery 
 
 CO. 
 
 Huntingdon, 
 Carroll co, 
 
 Memphis, Shel- 
 by CO. 
 
 Tyler, Smith co. 
 
 San Antonio, 
 Bexar co. 
 
 Austin, Travis 
 
 CO. 
 
 Galveston, Gal- 
 veston CO. 
 
 Bennington, 
 Bennington 
 
 CO. 
 
 Brattleboro, 
 
 Windham co. 
 Newport, Or- 
 leans CO. 
 
 Williamsburg, 
 James City CO. 
 
 Norfolk, Nor- 
 folk CO, 
 
 Orange C. H., 
 Orange co. 
 
 Buckingham C. 
 H. 
 
 Danville, Pitt- 
 sylvania CO. 
 
 Harrisonburg, 
 Rockingham 
 
 CO. 
 
 Alexandria .. 
 
 16 
 
 Christianburg, 
 Montgomery 
 
 CO, 
 
 4. Bedford, Cannon, Coffee,Franklin,Giloa, Lincoln, Mar- 
 
 shall, and Rutherford. 
 
 5. Cheatham, Davidson, Robertson, Sumner, Williamson, 
 
 and Wilson. 
 
 6. Decatur, Dickson, Hardin, Hickman, Humphreys, Law- 
 
 rence, Lewis, Maury, Montgomery, Stewart, and 
 Wayne. 
 
 7. Benton, Carroll, Dyer, Gibson, Henderson, Henry, Lau- 
 
 derdale, Obion, and Weakley. 
 
 8. Fayette, Hardeman, Madison, McNairy, Shelby, and 
 
 Tipton. 
 
 1, Anderson, Angelina, Bowie, Case, Cherokee, Collin, 
 
 Cooke, Dallas, Denton. Fannin. Grayson, UaiTjaon, 
 Henderson, Hopkins, Houston, Hunt, Jasper. Jeffor- 
 son, Kaufman, Lamar, Liberty, Nacogdoches, New- 
 ton, Orange, Panola, Polk, Red River. Ruf k, Sabine, 
 San Augustine, Shelby, Smith, Titus, Tyler, Upshur, 
 Tan Zandt,and Wood. 
 
 2. Austin, Bastrop, Bell, Bexar, Brazos, Brazoria, Burle- 
 
 son, Burnett, Calhoun, Caldwell, Cameron, Colorado, 
 Comal, Dewitt, Ellis, El Paso, Presidio, Falls, Fay- 
 ettn, Freestone, Fort Bend, Galveston, Gillespie, 
 Grimes, Goliad, Gonzales, Guadalupe, Harris, Hayes, 
 Henderson, IBdalgo, Jackson, Kenney, Lavaca, Leon, 
 Limestone, Madison, Matagorda, Medina, Milan, 
 Montgomery, McLennan, Navarro, Nueces, Refugio, 
 Robertson , San Patricio,. Starr, Travis, Tarrant, Tic- 
 toria, Walker, Walde, Washington, Webb, Wharton, 
 and Williamson. 
 
 1. Addison, Bennington, Rutland, and Washington. 
 
 2. Caledonia, Orange, Windsor, and Windham. 
 
 3. Chittenden, Essex, Franklin, Grand Isle, LamoiIe,and 
 
 Orleans. 
 
 1. Accomac, Elizabeth City, Essex, Gloucester, James 
 
 City and Williamsburg, King and Queen, Lancaster, 
 Matthews, Middlesex, New Kent, Northumberland, 
 Northampton, Richmond county, Warwick, West- 
 moreland, and York. 
 
 2. Charles City, Greensville, Isle of Wight, Nansemond, 
 
 Norfolk city, Norfolk county, Princess Ann, Prince 
 George, Southampton. Surry, and Sussex. 
 3 Chesterfield, Caroline, Goochland, Hanover, Henrico, 
 Louisa, King William, and Richmond city. 
 
 4. Amelia, Charlotte, City of Petersburg, Cumberland, 
 
 Brunswick. Dinwiddie, Lunenburg, Mechlonbiirg, 
 Nottoway, Powhatan, and Prince Edward. 
 
 5. Appomattox. Campbell, Franklin, Halifax, Henry, 
 
 Patrick, and Pittsylvania. 
 
 6. Albemarle, Amherst, Bediford, Buckingham, Fluvanna, 
 
 Greene, Nelson, and Madison. 
 
 7. Alexandria, Culpepper, Fairfax, Fauquier, King 
 
 George, Prince William, Rappahannock, Spoltaylva- 
 nia, and Stafford. 
 
 8. Clarke, Berkeley, Frederick. Hampshire, Jefferson, 
 
 Loudoun, Morgan, Page, and Wiu-ren. 
 
242 MANUAL OK THE U. S. BANKRUPT ACT, 1867. 
 
 EEGISTERS— CoTiimwet?. 
 
 KE3IDENCE. 
 
 CONGRESBIONAL DISTRICTS. 
 
 WEST VIRGINIA. 
 G. B. Caldwell, Esq.. 
 
 ir. IT. Blackburn, 
 Esq. 
 
 James H. Nash, Esq 
 
 WISCONSIN. 
 H. F. Prentiss, Esq, 
 Sidney Toote, Esq... 
 A. B. P. Wood, Esq. 
 James Coleman, Esq. 
 George Gary, Esq.... 
 
 Carson Graham, Esq. 
 
 Wellshurg, 
 Brooke co. 
 
 Martinsburg, 
 Berkeley co 
 
 Charleston, 
 Kanawha co. 
 
 Milwaukee... 
 Madison, Bane 
 
 CO. 
 
 ShuUsburg, La 
 
 Fayette co. 
 Madison, Dane 
 
 CO. 
 
 Oshkosh, Win- 
 nebago CO. 
 
 Viroqua, Ver- 
 non. CO. 
 
 1. Brooke, Calhoun, Doddridge, Gilmer, Hancock, Harri- , 
 
 son, Lewis, Marshall, Ohio, Pleasants, Kitchie, Tyler, 
 Wetzel, Wirt, and Wood. 
 
 2. Barbour, Berkeley, Hampshire, Hardy, Jefferson, Ma- 
 
 rion, Monongalia, Morgan, Pendleton, Pocahontaa, 
 Preston, Randolph, Taylor, Tucker, Upshur, and 
 Webster. 
 
 3. Boone, Broxton, Cabell, Clay, Payette, Greenbriar, 
 
 Jackson, Kanawha, Logan, Mason, Mercer, Monroe, 
 McDowell, Nicholas, Putnam, Raleigh, Roane, Wayne, 
 and Wyoming. 
 
 1. City and county of Milwaukee, Kenosha, Racine, Wal- 
 
 worth, and Waukesha. 
 
 2. Columbia, Dane, Jefferson, and Rock. 
 
 3. Crawford, Grant, Greene, Iowa, La Payette, Richland, 
 
 and Sauk. 
 
 4. Dodge, Pon du Lac, Ozaukee, Sheboygan, and Wash- 
 
 ington. 
 
 5. Brown, Dorr, Green Lake, Kalumet, Kewaunee, Mar- 
 
 quette_, Manitowoc, Oconto, Ontagania, Shawana, 
 Waupaca, Waushara, and Winnebago. 
 
 6. Adiima, Ashland, Buffalo, Burnett, Clark, Chippewa, 
 
 Douglas, Dallas, Dunn, Eau Claire, Jackson, Juneau, 
 La Crosse, La Pointe, Marathon, Monroe, Pepin, 
 Pierce, Polk, Portage, St. Croix, Trempeleau, Vernon, 
 and Wood. 
 
 TERRITORIES. 
 
 ARIZONA. 
 
 COLORADO. 
 L. B. France ,.„,».....„ Denver City, Arapaho co. 
 
 DAKOTA. 
 
 , Gideon C. Moody .Yankton, Yankton co. 
 
 IDAHO. 
 
 Theodore Burmiste!r .Boise City, Owyhee co, 
 
 MONTANA. 
 Lewis M. Burson „ Helena, Edgertou co. 
 
 NEW MEXICO. 
 
 Theodore S. Greiner Santa Fe, Santa Fe co. 
 
 UTAH. 
 
 WASaiNGTON. 
 
 [N. B.— Owing to the fact that very many of the Nominations of Registers had not, up to the 
 time of issuing this first Edition of the Manual, been acted upon by the District Judges, the 
 complete List could not bo inserted. There are doubtless many mistakes in the List as printed. 
 These will undergo careful rovisioTi and correction from time to time, and the eaiuo, as well as all 
 other matters of interest and in,' .mation upon the subject of Bankruptcy, may hereafter he found 
 contained in the "U. S. Bankruptcy Reporter," a monthly magazine about to bo issued at 
 Washington, D. O.j under the most favorable auspices, both as to management and patronage.} 
 
UNITED STATES MARSHALS. 
 
 DEFINITION. 
 A Marshal is a ministerial officer appointed for each Judicial District of the 
 Unif 'd States, whose duty it is to execute the process of the courts of the United 
 StaV>s. His duties are similar to those of a Sheriff, but entirely pertain to the 
 eieciiting the laws of the United States. 
 
 APPOINTMENT OF— HIS DUTIES— HIS DEPUTIES. 
 
 A Marshal shall be appointed in and for each District* for the term of four 
 years, but shall be removable from office at pleasure ; and whose duty it shall 
 be to attend the District and Circuit (jourts when sitting therein, and also the 
 Supreme Court, in the District in which that court shall sit ; and to execute, 
 throughout the District, all lawful precepts directed to him and issued under 
 the authority of the United States ; and he shall have power to command all 
 necessary assistance in the execution of his duty, and to appoint, as there shall 
 be occasion, one or more deputies, who shall be removable from office by the 
 Judge of the District Court, or the Circuit Court sitting within the District, at 
 the pleasure of either — Act of United States Congress, 2ith Sept., 1789, ? 27., 1 
 Stat, 87. 
 
 By the Act of Congress entitled "An Act to Establish a Uniform System of 
 Bankruptcy throughout the United States," approved March 2, 1867, new 
 duties were created for the United States Marshal to perform. He is required 
 to act as Messengeu, whom Bouvier and TomKns define to be "A person ap- 
 pointed to perform certain ministerial duties under bankrupt and insolvent 
 laws, such as to take charge of the estate of the Bankrupt or insolvent, and to 
 trans.act certain other duties, in reference to proceedings in insolvency or Bank- 
 ruptcy." His duties as Messenger, under the above act, are prescribed in Sec. 11 
 of the same, and in Rule 12 " Marshal as Messenger " of the General Orders and 
 Eules of Practice and Proceedure in District Courts in Bankruptcy, approved 
 by the Supreme Court United States, December Term, 1866 — May 15, 1867. 
 
 No Marshal or Deputy Marshal of any of the courts of the United States shall 
 hold or exercise the duties of Commissioner of any of said courts, nor receive 
 compensation therefor. 
 
 * By Act of CoD£»reB3, passed March 2, 1867, (Sec. 2,) it was enacted that the Supreme Court of 
 the United States may appnint a Marshal for said Court, whoso compensation shall bo $3,500 per 
 annum, and sucli officer shail take charge of all property of the United States used by said Court, 
 or its members, and shall serve and execute all process and orders issuing out of said Court, or 
 made by the Chief Justice or Associate Justice, in pursuance of law. He may appoinlassistants 
 or moBSongers in place of the criers and messengers formerly employed ; and all acts and parts of 
 acts relating to the Marshal of tho District of Columbia shall .ipply to such of5co. 
 
 The first incumbent .ippointed under the new act is lion. Richatid C. Parsoxs, of Ohio, formerly 
 Speaker of Ohio Legislature, whose private address is " Cleveland, Ohio." 
 243 
 
244 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 FEES OF UNITED STATES MARSHALS. 
 
 For service of any warrant, attachment, summons, capias, or other writ, 
 (except execution, venire, or a summons of subpoena for a witness,) two dollars 
 for each person on whom such service may be made : Provided, That on petition 
 setting forth the facts on oath, the court may allow such fair compensation for 
 the keeping of personal property attached and held on menne process, as shall, 
 on examination, be found to bo reasonable. 
 
 For serving a writ of subpoena on a witness, fifty cents ; and no farther com- 
 pensation shall be allowed for any copy, summons, or notice for witness. 
 
 For travel in going only to sorvo any process, warrant, attachment, or 
 other writ, including writs of subpoena in civil and criminal cases, six cents per 
 mile, to be computed from the place of service to the court or place where the 
 writ or process is returned ; and if more than one person is served therewith, 
 the travel shall be computed from the court to the place of service which shall 
 be the most remote, adding thereto the extra travel which shall be necessary 
 to serve it on the other : Provided, That when more than two writ-s of any kind 
 in behalf of the same party or parties, to be served on the same person or per- 
 sons, or part of the same persons, are, or might be cerved at the same time, the 
 Marshal shall be entitled to compensation for travel on only two of such writs ; 
 and to save unnecessary expense, it skall be the duty of the clerk to insert the 
 names of as many witnesses in a cause, in such Bubpcsna, as convenience in 
 serving the same will permit. And in all cases where mileage is allowed to 
 the Marshal by this act, it shall be at his option to receive the s.ime, or his 
 actual traveling expenses, to be proved on his oath to the satisfaction of tha 
 court. 
 
 for each bail bond, fifty cents. 
 
 For summoning appraisers, each fifty cents. 
 
 For every commitment or discharge of a prisoner, fifty cents. 
 
 For every proclamation in admiralty, thirty cents. 
 
 For serving a writ of possession, partition, execution, or any fin.al process, 
 the same mileage as is herein allowed for the service of any other writ ; and 
 for making the service, seizing or levying on property, advertising and dispos- 
 ing of the same by sale, set-off, or otherwise, according to law, receiving and 
 paying over the money, the same fees and poundage as are or shall be allowed 
 for' similar services to the Sheriffs of the several States respectively in which 
 the service may be rendered. 
 
 For serving venires and summoning every twelve men as grand or petit 
 jurors, four dollars, or thirty -three and one-third cents each : and in those 
 States where jurors, by the laws, of the State, are drawn by constables or other 
 officers of corporate towns or places, by lot, the Marshal shall receive for tha 
 use of the ofiicers employed in drawing and summoning the jurors and return- 
 ing each venire, two dollars, and for his own trouble in distributing the venires, 
 two dollars for each jury : Provided, That in no case shall the fees for distrib- 
 uting and serving venires, and drawing and summoning jurors by township 
 officers, including mileage chargeable by the Marshal for such service, at any 
 court, exceed fifty dollars. 
 
 For traveling from his residence to the place of holding court, to attend a 
 term thereof, ten cents per mile for going only, and five dollars per day for 
 attending the circuit and district courts when they are both in session, or for 
 
UNITED STATES MARSHALS. 245 
 
 attending either of said courts when hut one is in session, and for bringing in 
 and committing prisoners and witnesses during the term. 
 
 For executing a deed prepared by a party or his attorney, one dollar. 
 
 For drawing and executing a deed, five dollars. 
 
 For copies of writs or papers furnished at the request of any party, ten cents 
 per folio. 
 
 For holding a court of inquiry, or other proceedings before a jury, including 
 the summoning of a jury, five dollars. 
 
 The respective courts of the United States shall appoint criers for their 
 courts, to_ be allowed the sum of two dollars per day ; and the marshals are 
 hereby authorized to appoint such a number of persons, not exceeding five, as 
 the judges of their respective courts shall determine, to attend upon the grand 
 and other juries, and for other necessary purposes, who shall be allowed for 
 their services the sum of two dollars per day, to be paid by and included in 
 the accounts of the Marshal, out of any money of the United States in his 
 hands ; the compensation to he given only for actual attendance ; and when 
 both courts are in session at the same time, to be paid but for attendance on 
 one court 
 
 For disbursing money to jurors and witnesses, and for other expenses, two 
 per centum. — Act of Congress, 26th February, 1853, §1, 10 Stat., 164. 
 
 By the passage of the Bankrupt Act, approved March 2, 1867, as new duties 
 were imposed upon marshals, an increased list of fees of necessity results. The 
 said act prescribes, in Sea. 47, as to Fees and Costs, that there shall be paid out 
 of the estate of the Bankrupt, by the assignee thereof, to the [Marshal] Messen- 
 ger the following fees, and no more : 
 
 First, For service of warrant, two dollars. 
 
 Second, For all necessary travel, at the rate of five cents a mile, each way, 
 [going and coming.] 
 
 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 necessary expenses, upon returning the same in specific 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 by the court; and the 
 oath of the Messenger shall not be conclusive as io the necessity of said ex- 
 penses. 
 
 For cause shown, and upon hearing thereon, such further allowance may be 
 made as the court, in its discretion, may determine ; and by Eule 29 of the 
 United States Supreme Court Rules and Orders in Bankruptcy, the Marshal 
 shall be paid or secured his fees in all oases before he shall be compelled to act 
 as Messenger. 
 
246 MANUAL OP THK U. S. BANKEtlPT ACT, 1867. 
 
 LIST OP UNITED STATES MAESHALS KOW SEEVIKG, 
 
 June \,A.D. 1867. 
 With their respective Districts, arranged Alphabetically hy States. 
 
 ALABAMA. 
 
 This State is divided into two Judicial Districts, respectively termed the 
 " Northern and Southern Districts of Alabama.'' 
 
 The Marshal for the Northern District is Mr. Edwaed E. DouaiASS, whose 
 residence is at Mobile, county of Mobile. 
 
 The incumbent of the Marshalship of the Southern District is Mr. B. W. 
 Heaiet, who resides at Montgomery, county of Montgomery. 
 
 ARIZONA (Territory.) 
 
 This Territory constitutes one District, known as the " District of the Terri- 
 tory of Arizona." 
 
 The United States Marshal of this District is Mr. E. J. Phelps, who resides 
 at Prescott, in the county of . 
 
 ARKANSAS. 
 
 This State is divided into two Districts, distinguished as the " Eastern and 
 Western Districts of Arkansas." 
 
 Mr. IsAAO Mills, residing at Pine Bluff, (C. H.,) Jefferson county, is the' 
 Marshal for the Eastern District ; and 
 
 The incumbent of the Western District is Mr. Luthee G. White, who resides 
 at Van Buren, (G. H.,) Crawford county. 
 
 CALIFORNIA."-' - V 
 Once divided into two Districts, the Northern and Southern, it has recently 
 been consolidated into one, and is known as " The District of California," and 
 the Marshal thereof is Mr. G. W. Eand, who resides at San Francisco. 
 
 COLORADO, (Territory.) 
 The Judicial District of Colorado is known as the " District of Colorado Ter- 
 ritory." Its Marshal is Mr. U. B. Hollowat, residing at Denver City, (C. H.,) 
 Arapahoe county. 
 
 CONNECTICUT 
 Constitutes one District, under the name of the " District of Connecticut," 
 and its incumbent of the United States Marshalship is Mr. J. Gould, whose 
 residence is at Fairfield, (C. H.,) in the county of Fairfield. 
 
 DAKOTA, (Territory.) 
 Mr. L. I-I. LiTCHriELD, residing at Yancton, is the incumbent of the Mar- 
 shalship of the District of Dakota Territory. 
 
 DELAWARE. 
 This State is a District of itself, and is known as the " Judicial District of Del- 
 aware;" and its Marshal ia Mr. Joseph Seal, who resides at the city of Wil- 
 mington. 
 
UNITED STATES MARSHALS. 247 
 
 DISTRICT OF COLUMBIA. 
 
 Mr. David S. Gooding is the Marshal of the District, and resides at Wash- 
 ington. 
 
 FLORIDA. 
 
 This State is divided into two Districts, the Northern and the Southern. 
 
 The Marshal of the Northern District is Mr. Alexahdee Magetjdee, who 
 resides at St. Augustine, (C. H.,) St. John's county. 
 
 The Marshal of the Southern District is Mr. Geoeqe D. Allek, whose resi- 
 dence is at Key West, (C. H.,) Monroe county. 
 
 GEORGIA. 
 The Marshal of the District of Georgia is Mr. William G. Dioksoh, who 
 resides at the city of Savannah. 
 
 IDAHO, (Territory.) 
 The U. S. Marshal of the District of the Territory of Idaho is Mr. James 
 H. Alvoed, who resides at BoisS City. 
 
 ILLINOIS. 
 
 This State is divided into two U. S. Judicial Districts, the Northern and the 
 Southern. 
 
 The Marshal of the Northern District is Mr. J. Russell Joites, who resides 
 at Joliet, (C. H.,) Will county. 
 
 The Marshal of the Southern District is Mr. John Logan, whose residence 
 is at Springfield, (0. H.,) Sangamon county. 
 
 INDIANA. 
 This State forms a single Judicial District, of which Mr. Benjamin J. 
 Spoonee, whose residence is at Lawrenceburg, (C. H.,) Dearborn county, is the 
 Marshal. 
 
 IOWA. 
 This State also a single Judicial District, and the Marshal thereof is Mr. 
 Gboegb W. Claek, whose residence is at Burlington, (0. H.,) Des Moines county. 
 
 KANSAS. 
 The Marshal of the District of Kansas is Mr. C. C. Whiting, who resides at 
 Topeka, (0. H.,) Shawnee county. 
 
 KENTUCKY. 
 The Marshal for the District of Kentucky is Mr. William A. Meeey- 
 ■WEATHEB, whose residence is at Louisville. 
 
 LOUISIANA. 
 This State is now again a single District, the Marshal of which is Mr. F. T. 
 Heeeon, who resides at New Orleans. 
 
 MAINE. 
 The Mar.5hal of Maine District is Mr. Chaeles Claek, who resides at 
 Auburn, (C. H.,) in Androscoggin county. 
 
248 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 MARYLAND. 
 The incumbent of the Marshalship of this State is Mr. WiLiiAM Bokifabt- 
 whose place of residence is at Baltimore. 
 
 MASSACHUSETTS. 
 This is a single District, and the United States Marshal therein is Mr. N. H. 
 Henry, who lives at Boston. 
 
 MICHIGAN. 
 This State is divided into two Districts, the Eastern and the Western. 
 The Marshal of the Eastern District is Mr. N. T. Andeews, who resides at 
 Coldwater, in Branch county. 
 
 And the Marshal of the Western District is Mr. James Henry, whose resi- 
 dence is at Kalamazoo, in the county of Kalamazoo. 
 
 MINNESOTA. 
 The State of Minnesota forms a, single District, the Marshal of which is Mr. 
 Charles Eatoit, who resides at Winona, in the county of Winona. 
 
 MISSISSIPPI. 
 This State is divided into two Districts, the Northern and the Southern. But 
 at this time, but a single Marshal, Mr. John Blevihs, transacts the business of 
 such ofScer in both Districts. His residence is at Columbus, in Lowndes county. 
 
 MISSOUEI. 
 There are two United States Judicial Districts in this State. They are dis- 
 tinguished as the Eastern and Western Districts : Mr. J. B. RoaEES, whose resi- 
 dence is at the city of St. Louis, is the Marshal for the former ; and Mr. T. B. 
 Wallace, whose residence is at Lexington, La Fayette county, is the Marshal 
 of the Western Distiiot. 
 
 MONTANA, (Territory.) 
 The Marshal of this Territory is Mr Neil Howie, whose residence is at 
 
 Helena, in the county of . 
 
 NEBRASKA. 
 The Marshal of this newly admitted State of the Union is Mr. Casper E. 
 Yost, who resides at Omaha City, in the county of Douglass. 
 
 NEVADA. 
 The Marshal of this State is Mr. Edward Iewin, whose residence is at Vir- 
 ginia City, in the county of Carson. 
 
 NEW HAMPSHIRE. 
 This State forms a single District, and the Marshal of the same is Mr. J, N. 
 Patieesoit, who resides at Concord, in the county of Merrimack. 
 
 NEW JERSEY. 
 The Marshal of the District of New Jersey is Mr. Benjamin Deacon, whose 
 residence is at Newark, in the county of Essex. 
 
 NEW MEXICO, (Territory.) 
 The Maj-ahal of this Territory is Mr. John Peatt, who resides at Santa Ee 
 in the county of Santa Fe. 
 
UNITED STATES MARSHALS. 249 
 
 NEW YORK. 
 
 This State is divided into three Districts, and they are known and distin- 
 guished as the Northern District, the Southern District, and the Eastern District 
 of New York. 
 
 Tlie Marshal of the Northern District is Mr. Edwabd Dodd, who resides at 
 Argyle, in Washington county. 
 
 The Marshal of the Southern District is Mr. Eobekt Mueeat, whose residence 
 is the city of New York. 
 
 The Marshal of the Eastern District is Mr. F. L. Dallon, who resides in the 
 city of Brooklyn, Kings county. , 
 
 NORTH CAROLINA. 
 This State forms a single District, known as the District of North Carolina, 
 the Marshal of which, is Mr. Daniel R. Goobloe, whose residence is at Ra- 
 leigh, the capital of the State. 
 
 OHIO. 
 
 This State is divided into two Districts, the Northern and the Southern. 
 
 The Marshal of the Northern District is Mr. Russell Hastings, who resides 
 at the city of Cleveland, Cuyahoga county. 
 
 The incumbent of the Marshalship of the Southern District is Mr. A. Hioken- 
 LOOPEE, whose residence is the city of Cincinnati, Hamilton county. 
 
 OREGON. 
 This State is one District, the Marshal of which is Mr. Albert Zeibee, who 
 resides at Salen, in the county of Marion. 
 
 • PENNSYLVANIA. 
 
 This State is divided into two Districts, viz, the Eastern and the Western. 
 
 The Marshal of the Eastern District is Mr. P. 0. Ellmakee, whose residence 
 is the city of Philadelphia. 
 
 The Marshal of the Western District is Mr. Thomas A. Eowlet, who resides 
 in the city of Pittsburgh, Allegheny county. 
 
 RHODE ISLAND. 
 This State forms a District, the Marshal of which is Mr. R. Sheeman, whose 
 residence is the city of Providence, county of Providence. 
 
 SOUTH CAROLINA. 
 This State is a single District, and its Marshal is Mr. J. P. M. Eppino, who 
 resides at the city of Charleston, Charleston county. 
 
 TENNESSEE. 
 
 This State is divided into three Districts, the Eastern District, the Middle 
 District, and the Western District. 
 
 The Marshal of the Eastern District is Mr. Blaokstone MoDaniel, whose 
 residence is at Greenville, in Greene county. 
 
 The Marshal of the Middle District is Mr. Edwih R. Glasscock, who resides 
 at the city of Nashville, Davidson county. 
 
 The Marshal of the Western District of Tennessee is Mr. J. M. Tomeht, 
 whose residence is at Memphis, Shelby county. 
 
250 MANUAL 05 THE U. S. BANRUPT ACT, 1867. 
 
 TEXAS. 
 
 This State is divided into two Districts, the Eastern and the Western. 
 
 The Marshal of the Eastern District is Mr. J. J. Bybnb, whose residence is 
 at Galveston, in Galveston county. 
 
 The Marshal of the Western District is Mr. A. P. Blockee, who resides at 
 Austin, in Travis county. 
 
 UTAH, (Territory.) 
 The Marshal of the Territorial District of Utah is Mr. JosiAH Hosmee, whose 
 residence is at Great Salt Lake City, which is in Salt Lake county. 
 
 VERMONT. 
 This State is a single District. The Marshal is Mr. H. H. Henbt, who 
 resides at Burlington, in Chittenden county. 
 
 VIEGINIA. 
 
 The old State of Virginia, having heeu divided into two sections, now known 
 as Virginia and West Virginia, the old division of the State into two separate 
 Judicial Districts, known as the Eastern and Western Districts, is virtually 
 abolished, and what was once known as the Eastern District takes in the whole 
 of that part of Virginia which at present has no representation in Congress, the 
 Marshal of which is Mr. J. Underwood, who resides at Alexandria, Alexandria 
 county. 
 
 And the old Western District now takes in the whole of the newly formed State 
 of West Vikqisia, the Marshal of which is Mr. E. M. Noetoh, whose resi- 
 dence is at Wheeling, Ohio county. 
 
 WASHINGTON (Territory.) 
 The Marshal of the District formed by this Territory is Mr. WilliAm HukI- 
 lUGTON, who resides at Olympia, in Thurston county. 
 
 WISCONSIN. 
 The Marshal of the U. S. Judicial District of Wisconsin is Mr. C. Faischied, 
 whose residence is at Madison, Dane county. 
 
CLERKS OF THE U. S. COURTS. 
 
 The Supreme Court, the Circuit Courts, and the District Courts of the United 
 States have the power to appoint clerks for their respective courts. And such 
 clerlis are required to talte an oath of oiEce respectively, and to each give a 
 bond to the United States in the sum of $2,000, conditioned for the faithful dis- 
 charge of the duties of their office. (See XI. 8. Laws, 2ith Sept., 1789, § 7, 1 
 Stat., 76; and 2Sth Feb., 1839, ? 2, 5 Stat., 213.) And by act of Congress Au- 
 gust 16, 1856, (see 11 Stat., 50,)it is prescribed that there shall be but one clerk in 
 each District in the Territories. 
 
 The Supreme Court of the United States has but one clerk, in whose oiEce— 
 which is in the Capitol, at Washington — are all its proceedings entered, and all 
 its records kept. He is appointed by the court, and he is prohibited from 
 practicing as attorney or counsel. His duties and powers will be found defined 
 at length in Conkling's Treatise, 4:th edition, p. 6.* 
 
 The duties of the Clerk of the Circuit Court for each District were originally 
 performed by the District Court Clerk, but afterwards it was enacted that all the 
 Circuit Courts of the United States should have the appointment of their own 
 clerks, and in many of the districts Circuit Court clerks have been appointed. 
 
 The District Court Clerks are appointed by the court, and are required to keep 
 their offices at the place for holding the courts, where there is only one place in 
 a district; and where thero are more, at the place designated by the court. The 
 powers and duties of the clerks of the United States courts are described and 
 set forth in Brightly's Digest of United States Daws, volume 1, under the head of 
 "Clerks of Courts,'' and in Conkling's Treatise, ith edition, under the title of 
 " Oegahization of the Supreme Court," and the " Circuit" and " District 
 Courts." 
 
 By the United States Bankrupt Act, March 2, 1867, the duties of the clerk 
 of the District Courts are not materially changed, but simply increased. 
 
 FEES OF CLEBKS OF UNITED STATES COtJETS. 
 
 For issuing and entering every process, commission, summons, capias, execu- 
 tion, warrant, attachment, or other writ, except a writ of venire, summons for 
 subpoena for a witness, one dollar. 
 
 For filing and entering every declaration, plea, or other paper, ten cents. 
 
 For administering every oath or affirmation to a witness, or other person, 
 except a juror, ten cents. 
 
 For entering any return, rule, order, continuance, judgment, decree, or recog- 
 nizance, drawing any bond, or making any record, certificate return, or report, 
 
 *The present Clerk of the Supreme Court is D. \V. Middietos, Esq., of the District of Columbia, 
 r.ppointed in 1862, in place of Mr. "William T. Carroll, of ■Washington, D. C, deceased, and who 
 became connected with the office during the Chief Justiceship of Ilonorable John Marsh.^ll, de- 
 ceased — more than forty years ago. 
 
 251 
 
252 MANUAL OP THE U. S. BANKRUPT ACT, 1867. 
 
 for each folio fifleen cents ; and for a copy of any Buch entry or record, or of 
 any paper on file, not exceeding one folio, ten cents ; and for each additional 
 folio, ten cents. 
 
 For making dockets and indexes, and for all other services on the trial or 
 argument of a cause, where issue is joined and testimony given, including ve- 
 nire and taxing costs, three dollars. 
 
 For making dockets and indexes, and for all other services in a cause where 
 issue is joined and no testimony given, including taxing costs, two dollars. 
 
 For making dockets and indexes, and for taxing costs and other services, in 
 a cause which is dismissed, discontinued, or a judgment or decree is made or 
 rendered therein without issue, one dollar. 
 
 For afiixing a seal of the court to any instrument when required, twenty 
 cents. For issuing a writ of subpoena, twenty-five cents. For every search 
 for any particular mortgage, judgment, or other lien, fifteen cents. For trav- 
 eling from the office of the clerk, where he is required by law to reside, to the 
 place of holding any court required to be held by law, five cents per mile for 
 going, and five for returning, and five dollars per day for his attendance on 
 any such court or courts while actually in session. 
 
 For searching the records of the court for judgments, decrees, and other 
 instruments constituting a general lien upon real estate, and certifying the 
 result of such search, fifteen cents for each person against whom such search is 
 required to be made. 
 
 For receiving, keeping, and paying out money, in pursuance of the require- 
 ments of any statute or order of court, one per cent, on the amount 30 received, 
 kept, and paid. 
 
 In cases removed by writ of error or appeal, the clerk's fees for making dock- 
 ets and taxing^osts, shall be but one dollar ; and the clerks of the District and 
 Circuit Courts respectively, ex officio, shall be, and hereby are, authorized and 
 empowered to administer oaths, take acknowledgments, take and certify affi- 
 davits and depositions in the same manner as commissioners, and shall be 
 entitled to the same fees and compensation therefor,* 
 
 In addition to the above, clerks of District Courts are allowed the following 
 fees, under the United States Bankrupt Act, March 2, 1867. {See section 47, O. 
 0., 169, p. 86, and to General Orders, Rules 29 and 30, p. 117, Manual.) 
 
 In addition to the fees of the clerk as now established by law ; 
 For each notice required to be sent by mail, when signed by the clerk, 
 
 postage to be prepaid by party required to give notice 10c. 
 
 For every copy of and paper in proceedings in bankruptcy, for each folio of 
 
 one hundred words lOo. 
 
 For certifying the same P.'ic. 
 
 The fees of the clerk in bankruptcy proceedings shall bo paid or secured in 
 all cases before he can be compelled to act. 
 
 *5ce Ad, of Congress, 26 Feb. 1853, §1, 10 Stcd., 163. 
 
CLERKS OF THE U. S. COUETS. 253 
 
 LISX OF CLERKS OF UNITED STATES COURTS, ETC.* 
 
 Clerk of Supreme Court United States. 
 
 D. W. MIDDLETON, Esquire, Washington, D. 0. 
 
 J^ames and Besidences of Clerks of Circuit and District Courts U. S. 
 
 — , Clerk of the Circuit Court, resides at - 
 -, Clerk of the District Court, resides at — 
 
 ARKANSAS — Easteiii District , Clerk of the Circuit Court, resides at -^— . 
 
 Chas. D. Rcdmaud, Esq., Clerk of the District Court, resides at Little Hock. 
 
 Western DistHct , Clerk of the Circuit Court, resides at . 
 
 Samuel P. Cooper, Esq., Clerk of the District Court, resides at Van Buren. 
 CALIFOKNIA — Geo. C. Gorham, Esq., Clerk of the Circuit Court, resides at San Francisco, Cal., anj 
 
 acts as Clerk of the District Court. 
 CONNECTICUT— Alfred Blackman, Esq., Clerk of both the Circuit and District Courts, resides at 
 
 New Haven, 
 DELAWARE— L. E. Wales, Esq., Clerk of both the Circuit and the District Court, resides at Wil- 
 mington. 
 DISTRICT OF COLUMBIA— R. J. M^igs, Esq., Qerk of the District Court, resides at Washington. 
 FLORIDA — Northern District— Wm. Perry Dockray, Esq., Clerk of the Circtut Court, resides at St. 
 Augustine, and acts as Clork of the District Court. 
 
 SoutJiem District — ■ , Clerk of the Circuit Court, resides at — — . 
 
 George D. Allen, Esq., Clark of the District Court, resides at Key West. 
 
 GEORGIA , Clerk of the Circuit Court, resides at . 
 
 -^— , Clerk of the District Court, resides at . 
 
 ILLINOIS— iVor^Aem District— W. II. Bradley, Esq , Clerk of both the Circuit and the District 
 Court, resides at Chicngo. 
 SoutJicrn District— Paachnl T, Euos, Esq., Clerk of both the Circuit and the District Court, 
 resides at Springfield. 
 
 INDIANA — J. D. nowland, Esq., Clerk of both the Circuit and the District Court, resides at In-. 
 
 dianapolis. 
 low A — W. G. Woodward, Esq., Clerk of the Circuit Court, resides at Des Moines. 
 
 J. C.Burns, Esq , Clerk of the District Court, resides at Iowa City. 
 KANSAS — A. L. Thomas, Esq., Clerk of both the Circuit and the District Court, resides at Topeka. 
 KENTUCKY^A. J. Ballard, Esq., Clerk of both the Circuit and the District Court, resides at Louis- 
 ville. 
 LOUISIANA — Dominick Urban, Esq., Clerk of the Circuit Court, resides at Now Orleans. 
 Chas. C. Clairborne, Esq , Clei k of the District Court, resides at New Orleans. 
 MAINE— George F. Emery, Esq., Clerk of the Circuit Court, resides at Portland. 
 
 William P. Preble, Esq., Clerk Of the District Court, resides at Portland. 
 MARYLAND — James W. Chew, Esq., Clerk of both the Circuit and the District Court, resides at 
 
 Baltimore. 
 SIASSACIIUSETTS^N. J. Clifford, Esq , Clerk of the Circuit Court, resides at Boston. 
 
 Elisba Bassett, Esq.^ Clerk of the District Court, resides at Boston. 
 5IICIIIGAN — Eastern District— Wm. D. Wilkins, Esq., Clerk of the Circuit Court, resides at Detroit. 
 Jno. Winder, Esq., Clerk of the District Court, resides at Detroit. 
 Western District — Isaac H. Parish, Esq., Clerk of both the Circuit and the District Court, 
 resides at Grand Rapids. 
 
 * In many of the Circuits, the District Court Clerk performs the duties of Circuit Court Clerk, 
 and in several States which are divided into several Districts, one District Clerk performs tho 
 duties of Circuit Court Clerk, as well as District Court Clerk, for all. 
 
 The above list was carefuUi/ corrected at the Office <■/ the Clerk of the Supreme Court United 
 Stzies, and such blank spaces as appear tJierein, indicate thxt the ojjlce is not filled. — Ld 
 
254 MANUAL OF THE U. S. BANKEUPT ACT. 
 
 MINNESOTA— II. E. Mann, Esq., Clerk of the Circuit Court, resides at St. Paul. 
 
 , Clerk of tho District Court, resides at . 
 
 MISSISSIPPI , Clerk of tha Circuit Court, resides at . 
 
 , Clerk of tho District Court, resides at . 
 
 MISSOUEI— TTes^erra District , Clerk of the Circuit Court, resides at . 
 
 Adams Poabody, Esq., Clerk of the District Court, resides at Jefferson city. 
 Eastern District — B. 1\ Hickman, Esq., Clerk of both the Circuit and tho District Courts, 
 resides at St. Louis. 
 
 NEVADA , Clerk of the Circuit Court, resides at . 
 
 , Clerk of the District Court, resides at . 
 
 NEW HAMPSHIRE— A. R. Hatch, Esq., Clerk of both the Circuit and Iho District Courts, resides 
 
 at Portsmouth. 
 NEW JERSEY- A. Dutcher, Esq., Clerk of the Circuit Court, resides at Trenton. 
 
 R. H. Shrevo, Esq., Clerk of tho District Court, resides at Trenton. 
 NEW YQ'R'K.—Eastern Disin'ci— Chas. W. Newton, Esq., Clerk of the Circuit Court, resides at 
 Brooklyn. 
 Samuel T. Jones, Esq., Clerk of the District Court, resides at Brooklyn. 
 Northern District—V. A. Boyce, Esq., Clerk of the Circuit Court, resides at Utica. 
 
 George Gorham, Esq., Clerk of the District Court, resides at Buffalo. 
 SoutJiern District — Kenneth G. White, Esq., Clerk of the C ircuit Court, resides at New York, 
 Geo. E. Betts, Esq,, Clerk of the District Court, resides at New York. 
 
 NORTH CAROLINA , Clerk of the Circuit Court, resides at . 
 
 , Clerk of the District Court, resides at . 
 
 OHIO — Northern District— "F. W. Green, Esq., Clerk of both the Circuit and tho District Court, 
 resides at Cleveland. 
 Southern District — John McLean, Esq., Clerk of both the Circuit and tho District Court, re- 
 sides at Cincinnati. 
 
 OREGON ■ -, Clerk of the Circuit Court, resides at . 
 
 ■ , Clerk of tho District Court, resides at -. 
 
 PENNSYLVANIA— -Kisterw Z>is(ric£— Benjamin Patton, Esq., Clerk of the Circuit Court, resides 
 at Philadelphia. 
 G. R. Eox, Esq., Clerk of the District Court, resides at Philadelphia. 
 Western District — Henry Sprowl, Esq,, Clork of tho Circuit Court, resides at Pittsburgh, 
 S. C. McCandless, Esq., Clerk of the District Court, resides at Pittsburgh. 
 RHODE ISLAND— Henry Pitman, Esq., Clerk of both the Circuit and District Court, resides at 
 Providence. 
 
 SOUTH CAROLINA , Clerk of the Circuit Court, resides at . 
 
 ■ , Clerk of the District Court, resides at . 
 
 TENNESSEE— .ESisierw District— ■ , Clerk of the Circuit Court, resides at . 
 
 , Clerk of the District Court, resides at . 
 
 Middle District , Clerk of the Circuit Court, resides at . 
 
 R, McP. Smith, Esq., Clerk of the District Court, resides at Nashville. 
 Western District— A. S. Mitchell, Esq., Clerk of both the Circuit and the District Court, re- 
 sides at Memphis. 
 
 i:&XAS— Eastern District , Clerk of the Circuit Court, resides at . 
 
 , Clerk of the District Court, resides at . 
 
 Western Distfrict , Clerk of the Circuit Court, resides at . 
 
 , Clerk of the District Court, resides at . 
 
 VERMONT— B. B. Smalley, Esq., Clerk of both the Circuit and District Court, resides at Bur- 
 lington. 
 
 VIRGINIA , Clerk of the Circuit Court, resides at . 
 
 W. H. Barry, Esq,, Clerk of the District Court, resides at Norfolk. 
 WEST VniQINIA , Clerk of tho Circuit Court, resides at . 
 
 J. Y. Moore, Esq,, Clork of tho District Court, resides at Clarksburg. 
 WISCONSIN— J. M. Miller, Esq., Clerk of both the Circuit and the District Court, resides at Mill- 
 waukeo. 
 
ASSIGNEES IN BANKRUPTCY.* 
 
 Next to the Register, the oJSoe of Assignee is the most important in Bank- 
 ruptcy proceedings, though they receive their positions from different sources. 
 
 An Assignee in Bankruptcy is the party in whom the property of the bank- 
 rupt vests by virtue of his appointment ; and to him is turned over all the 
 property of the bankrupt, of whatever name or natare, with the exception of 
 such as is exempted by Sec. 14, Gen. C. 47, p. 46, Manual. 
 
 He is appointed by the District Judge, upon the nomination (virtually) of the 
 creditors of the bankrupt whose estate is to pass to him. 
 
 The creditors so nominating must compose the greater part in value and in 
 number of those who have proved their debts.f {8ec. 13, p. 44, and sec. 36, p. 
 '74:,' Manual.) 
 
 The assignee need execute no bond, unless some one of the creditors who has 
 proved his claim especially, and in writing, requests the Judge to require the 
 same to be done. {Sec. 13, Q. 0. 43, 44,^. 45, Manual.) 
 
 On filing bond, if so required, the assignee receives from the Judge or Reg- 
 ister, by deed of assignment, {see Form No. 66, p. 189, Manual,) all the property 
 of the bankrupt, as disclosed by schedule B, or which may afterwards be dis- 
 covered, and he then proceeds in accordance with the provisions of Sections 14, 
 15, 16, 17, 18, 25, 26, 27, 28, 35, 36, 37, 39, 42, and 48 of the Act. 
 
 ALLOWANCE TO ASSIGNEES. 
 
 The assignee is entitled to charge the estate in his hands with all expenses 
 necessarily incurred by him as assignee thereof. • 
 
 He is also entitled to the following allowance, which shall be his compensa- 
 tion for services as assignee : 
 
 On all moneys received and paid out by him for any sum not exceeding 
 $1,000, five per cent. 
 
 On any sum exceeding $1,000, and not exceeding $5,000, two and a half per 
 cent. 
 
 On any sum exceeding $5,000, one per cent. 
 
 And he is not obliged to proceed further as assignee when there shall not be 
 
 in his hands enough funds to defray the expenses of the trust, unless such sum 
 
 as is necessary therefor shall be advanced or secured to him. {Sec. 28, Qen. 
 
 Clause 129, p. 66, Manual.) 
 
 . I 
 
 '■!: Under the English Bystem, there are two kinds of assignees: Official assignees^ who are 
 appointed by the Lord Chancellor, one of whom is nominated by the Court of Bankruptcy to act 
 in each particular case ; and Creditors' assignees, who are elected by the creditors to prove debts 
 under the bankruptcy to the value of ten pounds or upwards, who are confirmed by the Commis- 
 sioners. (See Archibald's Banlerupicy, last edition, under head " 0£p/yial Assignees.") 
 
 \ Though it is not so specified, yet it would seem that the assignee may be one of the creditors, 
 or a person (or persons) not a creditor. {See 4 East., 330 ; 1 Atldnson's Eep., 90.) It Avould fur- 
 ther seem, however, that a debtor of the bankrupt would be an improper person to make assignee 
 of his estate for the benefit of his creditors. (See 1 Mont, and Mac, 231.) 
 
 255 
 
UNITED STATES COMMISSIONERS. 
 
 The office of Commissioners to take acknowledgments, affidavits, &c., waa 
 created by act of Congress February 20, 1812. (See 2 Stat, at Large, 679.) Thereby 
 the Judges of Circuit Courts were authorized to appoint as many " discreet 
 persons " as they might deem necessary in their respective districts, to take 
 acknowledgments of bail and affidavits, which were to have like force and 
 effect as if taken before any j udge of said courts. 
 
 Subsequent enactments have increased their powers, duties, responsibilities, 
 and consequent importance. But these (with the exception of increase of duties) 
 are not particularly affected by the Bankrupt Act of 1827. 
 
 Parties to proceedings in Bankruptcy Courts may make affidavits and 
 acknowledgments before them in the same manner and with similar effect as if 
 made before a District Judge, or Eegister in Bankruptcy ; and in that connection 
 the information we here afford "will be of valae.* 
 
 FEES. 
 
 For administering an oath, ten cents. 
 
 Taking an acknowledgment, twenty-five cents. 
 
 For hearing and deciding on criminal charges, five dollars per day for tha 
 time necessarily employed. 
 
 For attending to a reference in a litigated matter in a civil cause at law, in 
 equity or in admiralty, in pursuance of an order of court, three dollars per day. 
 
 For taking and certifying depositions to file, twenty cents for each folio of 
 one hundred words. 
 
 For each copy furnished to party requesting same, ten. cents per folio. 
 
 For issuing any warrant or writ, or any other service, the same compensation 
 as is allowed to clerks for like services. 
 
 * For general information as to United States Commissioners, see Brightly' s Dig. of IT. S. Laws 
 vol. 1, pp. 94, §9; 166, §2; 167, §9; 279, J 22; 295, §6; 439, § U-12; 705, g; and vol. 2, p. 61, and 
 notes. Also, Conft yrea^.jlthEd., p. 89. 
 
 256 
 
MISCELLANEOUS FEES. 
 
 PRINTERS. 
 
 For publishing any statute, notice, or order required by law, or the lawful 
 order of any court, department, bureau, or other person, in any newspaper, 
 forty cents per folio for the first insertion, and twenty cents per folio for each 
 subsequent insertion. That the compensation herein provided shall include the 
 furnishing lawful evidence, under oath, of publication, to he made and fur- 
 nished by the printer or publisher making such publication. 
 
 The term folio, in this act, shall mean one hundred words, counting each 
 figure as a word. When there are over fifty and under one hundred words, they 
 shall be counted as one folio, hut not when there are less, except when the 
 whole statute, notice, or order contains less than fifty words. [Act of Cong., Feb- 
 26, 1853, ? 3, 10 Stat., 168.) 
 
 JURORS. 
 
 For actual attendance at any court or courts, two dollars per day during such 
 attendancp. 
 
 For travelling from their residence to said court or courts, five cents per mile 
 for going, and the same for returning. (Act of Cong,, Feb. 26, 1853, § 3, 10 
 Stat., 168.) 
 
 WITNESSES. 
 
 For each day's attendance in court or before auy officer pursuant to law, one 
 dollar and fifty cents, and five cents per mile for travelling from his place of 
 residence to said place of trial or hearing, and five cents per mile for returning. 
 When a witness is subpoenaed in more than one cause between the same parties 
 in different suits at the same court, but one travel fee and one per diem com- 
 pensation shall be allowed for attendance, to bo taxed in the first case disposed 
 of, and " per diem " only in the other causes, to be taxed from that time in each 
 case in the order iu which they may bo disposed of. 
 
 When a witness is detained iu prison for want of security for his appearance, 
 he shall be entitled to a compensation of one dollar per day over and above his 
 subsistence. (Act of Cong., Feb. 26, 1853, ? 3, 10 Stat., 167.) 
 
 17 257 
 
APPENDIX: 
 
 CONTAINING 
 
 RULES OF THE U. S. SUPREME COURT IN EQUITY 
 
 CAREFULLY INDEXED, 
 AND AN 
 
 ffipitomc of iSUfIt ^litJtM States, ^tntt, and ©tnitavial ^awis 
 
 AS AHE INCLUDED OR REFERRED TO IN THE OPERATION OF THE 
 
 BANKRUPTCY ACT OF 1867, 
 
 TOGETHER 'WITH 
 
 OTHER MATTERS OP CONSTANT REFERENCE AND VALUE TO PARTIES 
 
 INTERESTED IN THE ADMINISTRATION, EXECUTION, AND 
 
 PRACTICE OF THE SAME. 
 
 259 
 
INDEX 
 
 liULES OF PRACTICE FOR THE COURTS OF 
 EQUITY OF THE UNITED STATES. 
 
 PRELIMINARY REGULATIONS. 
 
 PAGE. 
 
 Rule 1. Girnuit Courts, as Courts of Equity, shall be always open for filing of bills and other 
 
 pleadings, &c ^65 
 
 " 2. The Oerk's office — when open— attendance of Clerk when, and for what purpose 255 
 
 " 3. The Judge of Circuit Court — when may make and direct interlocutory proceed- 
 ings, &c 265 
 
 " 4. Motions, rules, orders, and other proceedings — when entered, and how — to bo deemed 
 
 notice to parties and solicitors, &c 265 
 
 " 5. Mesne and final process, Ac 266 
 
 " 6. Motions for rules or orders not grantable, of course when made and heai'd 266 
 
 PROCESS. 
 
 " 7. Process of Subpoena — Writs of Attachment— Writ of Sequestration— Writ of Assist- 
 ance—to compel obedience to order or decrees of Court. 266 
 
 " 8. Final process to execute decree 266 
 
 " 9. Decree or order for delivery of Premium — Refusal to obey entitles party prosecuting 
 
 to Writ of Assistance 1.67 
 
 " 10. Process to enforce obedience of order obtained by person not a party in causp 267 
 
 SERVICE OF PROCESS. 
 
 " 11. Bill must be filed before issue of Subpoena 2G7 
 
 " 12. Return of Subpoena — When — Entry of ai'pearance of Defendant — When more tiian 
 
 one Defendant — Exception, &c 267 
 
 " 13. Subpoena — How served « 267 
 
 " 14. When Subpoena not served, Plaintiff entitled to another 268 
 
 " 15. Marshal of District to serve all process except in special cases 268 
 
 *' 16. On return of Subpoena served, Clerk to enter suit as pending 268 
 
 APPEARANCE. 
 
 - " , 17. Appearance Day to be Rule Day, to which Subpoena is made returnable provided, &c. 268 
 
 BILLS TAKEN PRO C0NFE3S0. 
 
 *' 18. Dutyof Defendant unless time enlarged, &c. — In default of what.... 268 
 
 " 19. When bill taken ^iro confesso, Court may what — No motion granted except coats are 
 
 paid. 268 
 
 FRAME OF BILLS. 
 
 " 20. Bill— What to contain— Form of, substantially 269 
 
 •' 21. Plaintiff, at his option, shall be at liberty to omit in his bill, what 269 
 
 '^ 22. Where persons necessary to be are not made parties to bill what — As to persons with- 
 out jurisdiction of Court 269 
 
 '* 23. Praytr for process for Subpoena or other Writ — Shall contain what 269 
 
 " i;4. Every bill shall contain signature of Counsel— Which shall be considered what 270 
 
 " 25. Prevention of unnecessary costs and expenses, what 270 
 
 261 
 
262 APPENDIX. 
 
 SCANDAL AND IMPERTINENCE IN BILLS. 
 
 P&GE. 
 
 Rule 26. Every bill — bow expressed, &c 270 
 
 " 27. No order referring Bill or other proceeding for Scandal or Impertinence unless ex- 
 ceptions are taken in writing and signed by Counsel, &c '270 
 
 AMENDMENT OP BILLS. 
 
 " 28. Plaintiff at liberty to amend bill without costs — When and in what 270 
 
 " 23. A'ter answer. Plea, or Demurrer is put in amend his bill — Under what circHmstances 
 
 and when 271 
 
 *' 30. When Plaintiff obtains order to amend and does not file amendments, what 271 
 
 DEMURRERS AND FLEAS. 
 
 " 31. No Demurrer or Plea to be filed unless Counsel will certify what 271 
 
 " 32. Defendant, before bill taken for confessed^or afterwards by leave, Demurrer plead to 
 
 whole or part of bill — When fraud or combination is charged, what 271 
 
 " 33. Plaintiff may set down Demurrer or plea to be argued, or may take issue on Plea — 
 
 If in issue, what 271 
 
 " 34. When Demurrer or Plea on hearing is overruled, what 27*' 
 
 ' 35. When on hearing Demurrer or Plea is allowed, what 172 
 
 '' 36. No Demurrer or Plea to be held bad, or to be overruled on argument, because it 
 
 do not cover bill to full extent 272 
 
 " 37. No Demurrer or Plea to be held bad or overruled on argument only because answer 
 
 of Defendant may, what 272 
 
 " 38, If Plaintiff does not reply to or set down Plea or Demurrer on rule day when filed, or 
 
 on next succeeding rule day, what 272 
 
 ANSWERS. 
 
 " 39. Defendant entitled in all cases, by answer, to what 272 
 
 " 40. A Defendant not bound to answer any statement or charge or interrrogatory in bill 
 
 unless when — When Defendant answers, what 273 
 
 ' 41. Interrogatories— how divided 273 
 
 " 42. Note at foot of bill specifying interrogatories which each Defendant is required to 
 
 answer, shall be considered wtiat— and treated how 'SI3 
 
 " 43. Words of form of bill, Ac 273 
 
 ' 44. Defendant at liberty, by answer, to decline answering what 273 
 
 " 45. No special replication to answer shall be filed, &c :I74 
 
 ' 46. Defendant shall put in new answer, when 274 
 
 PARTIES TO BILLS. 
 
 " 47. Where persons who ought to be made parties to suit are out of jurisdiction of the 
 
 Court, what 274 
 
 " 48, Where parties on either side are too numerous to be brought before Court without 
 
 inconvenience and oppressive delays, what 274 
 
 *' 49. In all suits concerning real estate, what 274 
 
 '■ 50. In suits to execute the trusts of a will, what 274 
 
 " 51. In cases in which Plaiutiff has a joint or several demand against several persons, 
 
 what 275 
 
 " 52, Where Defendant, by answer, suggests that bill Is defective for want of parties. Plain- 
 tiff shall beat liberty to what 275 
 
 " 63. Where Defendant, on hearing, objects that a suit is defective for want of parties, &c. 
 
 Court may what 275 
 
 NOMINAL PARTIES TO BILL. 
 
 '* 54. Where no direct relief is sought against party to suit, not being an infant, the party 
 
 served with Subpoena need not appear unless what ^5 
 
 '* 55. Whenever injunction is asked for by the bill to stay proceedings at law, if the De- 
 fendant do not enter bis appearance and ptcad, demur, or answer, what 275 
 
 BILLS OF REVIVOR AND SUPPLEMENTAL BILLS. 
 ; abates by death of party, or by any other event, the same i 
 57. When suit in Equity becomett defective, what 276 
 
 66. When suit abates by death of party, or by any other event, the same may he revised, 
 
 how 276 
 
INDEX OF RULES OP PRACTICE* 263 
 
 ANSWERS. 
 
 PAGE. 
 
 BULi! 58. In Bill of llcvivoi', or Supplemental Bill, not neueasnry to set forth what, unless, &c.. 27i} 
 *' 59. Befendaut may awoar to his answer before whom '276 
 
 AMENDMENT OP ANSWER. 
 " 60. After answer is put, may be amended, how and wtien 277 
 
 EXCEPTIONS TO ANSWERS. 
 
 *' 61. After answer filed on Rule day Plaintiff allowed what 277 
 
 '* 62. When Solicitor employed for two or more Defendants, and separate anbwurs filed, &c., 
 
 what costs allowed 'i77 
 
 " 63. Where exceptions are filed to answer for insufficiency within period prescribed by 
 
 these Rules, Ac 
 
 " 64. When at hearing exceptions are allowed, what ■ 277 
 
 " 65. When on argument PlaiutifTa exception to answer ia overruled, or answer judged 
 
 insufficient, what,... '. 277 
 
 REPLICATION AND ISSUE. 
 '* 66. When answer not excepted to, or shall be ai^'udged or deemed sufficient, the Flain- 
 
 tiflf what 278 
 
 TESTIMONY— now TAKEN. 
 
 '* 67. After cause is at issue — When Commissions may be taken out — Orders of Dec. Term, 
 
 1854, amendatory thereof— Order of Dec. Tei'm, 1861, amendatory thereof. 278 
 
 " 68. Testimony may bo taken in same cause after issue, hQW, &c 279 
 
 " 69. Time allowed in which to take testimony 279 
 
 TESTIMONY DE BENE ESSE. 
 
 " 70. After bill filed, and before answer thereto, upon affidavit made that Plaintiff's Wit- 
 nesses are aged, or infirm, or ^oing out of the cuiintry, &c., tho Clerk shall what. 280 
 
 FORM OP LAST INTERROGATORY. 
 
 *' 71. The last interrogatory in Commission to take testimony shall what 280 
 
 CROSS BILL. 
 
 " 72. Where defendant files a cross-bill for Discovery, &c 280 
 
 REFERENCE TO AND PROCEEDINGS BEFORE MASTERS. 
 " 73. Every decree for account of personal estate of testator or intestate shall contain what 280 
 " 74, Where reference of motion is made to Master to examine and report thereon, the 
 
 party at whose inatauce the referenco ia mads shall what 280 
 
 " 75. Duty of Master upon reference 281 
 
 ' 76. Reports made by Master — What not to state — What reference shall be made to 281 
 
 ** 77. The Master to regulate all proeecdings before him 28L 
 
 *• 78. Witnesses living within District, upon notice to opposite party, how summoned 281 
 
 " 79. As to parties accounting before a Mister 282 
 
 " 80. All evidence previously used in Court in any case may be used before the Master 282 
 
 " 81. The Master shall bo at liberty to oxamin'^ any Criiditor or other party interested, 
 
 &c., how 282 
 
 ** 82. Circuit Court may appoint standing Masters in Chancery, and Compensation of Mas- 
 ters, kc 262 
 
 EXCEPTIONS TO REPORT OF MASTER. 
 
 ** 83. When Report is ready, Master to return sumo to Clerk's Office— Parties may filo ex- 
 ceptions thereto when« &c 282 
 
 " 84. When exceptions are overruled, party bringing them shall pay coats for evory excep- 
 tion overruled, &c 282 
 
 DECREES. 
 
 " 85. As to Clerical mistakes 283 
 
 *' 86. How decree and order — how to begin, &c , 183 
 
 GUARDIANS AND PKOCHEIN AMIS. 
 
 " 87. Guardians ad litem may bn appointed by Couit to defend suit 283 
 
 ** 88. Every petition, for rehearing shall contuiu what, &c 283 
 
2G4 APPENDIX. 
 
 FAOE, 
 
 Rule 89. As to the mnking of other and further Rules and Orders 283 
 
 •' 90. Whi re Rules of Supreme Court U. S. do not app'y, the practine of High Court of 
 
 "Chancery of England to lie fttUowed, where the same may he reuaouubly applied... 283 
 
 " 91. Where party objecls to luking oath, may affirm 284 
 
 " 92. These Rules to take effect and be in force when— Rules of Uxrch, 1822, nullified 
 
 when — Printing of these Rules, &c 284 
 
 « 93. The 40th Rule nullified— December Term, 1850 284 
 
 " 94. As to Suits ia Equity for foreclosure of mortgages in Circuit Courts U. S., Dec. Term. 
 
 1863 284 
 
EFLES OF PRACTICE 
 
 FOE IHE 
 
 COURTS OF EQUITY OF THE UNITED STATES. 
 
 [Peesceibed by Rule 32* of Gbneeal Oedees iif Bankedttoy of the Jus- 
 tices or THE SUPBEME COUET OF THE UlTITED STATES — MAT, 1867.] 
 
 PEELIMINABY EEGULATIONS. 
 
 ECLE I. 
 
 The Circuit Courts, as courts of equity, shall be deemed always opeu for the 
 purpose of filing bills, answers, and other pleadings, for issuing and returning 
 mesne and final process and commissions, and for making and directing all 
 interlocutory motions, orders, rules, and other proceedings, preparatory to the 
 hearing of all causes upon their merits. 
 
 ElTLE II. 
 The clerk's office shall be open, and the clerk shall be in attendance therein, 
 on the first Monday of every month, for the purpose of receiving, entering, 
 entertaining, and disposing of all motions, rules, orders,- and other proceedings,, 
 which are grantable of course, and applied for, or.had by the parties, or their 
 solicitors, in all causes pending in equity, in pursuance of the rules hereby pre- 
 scribed. 
 
 Edie III. 
 
 Any judge of the Circuit Court, as well in vacation as in term, may, at 
 chambers, or, on the rule days, at the clerk's office, make and direct all such 
 interlocutory orders, rules, and other proceedings, preparatory to the hearing 
 of all causes upon their merits, in the same manner and with the same efi'ect 
 as the Circuit Court could make and direct the same in term, reasonable notice 
 of the application therefor being first given to the adverse party, or his solicitor, 
 to appear and show cause to the contrary at.the next rule day thereafter, unless 
 some other time is assigned by the judge for the hearing. 
 
 Rule IV. 
 All motions, rules, orders, and other proceedings made and directed at cham- 
 bers, or on rule days, at the clerk's office, whether special or of course, shall be 
 entered by the clerk in an order book, to be kept at tlie clerk's office, on the 
 day when they are made and directed ; which book shall be open, at all offi ce 
 
 * ' • ■ In all proceedings in equity instituted for the purpose of carryin;; into effect tbe 
 provisions of said act, (United States Bankruptcy Act, 1867,) or for enforcing the rights and remedies 
 given by it, tho rules of equity practice established by this Court (Supremo Court United States) 
 shall be followed as nearly as may be. — Rule 82, General Orders in Bankruptcy of the Jitsiices 
 
 of the Supreme Court of the United States.— Map, ISS!. 
 
 265 
 
5i66 APPENDIX. 
 
 hours, to the free inspection of the parties in any suit in equity, and their 
 Bolicitors. And except in cases where personal or other notice is specially 
 required or directed, such entry in the order hook shall be deemed sufficient 
 notice to the parties and their solicitors, without further service thereof, of all 
 orders, rules, acts, notices, and other proceedings entered in such order book, 
 touching any and all the matters in the suits to and in which they are parties 
 and solicitors. And notice to the solicitors shall be deemed notice to the parties 
 for whom they appear and whom they represent, in all cases where personal 
 notice on the parties is not otherwise specially required. Where the solicitors 
 for all the parties in a suit reside in or near the same town or city, the judges 
 of the Circuit Court may, by rule, abridge the time for notice of rules, orders, 
 or other proceedings, not requiring personal service on the parties, in their 
 discretion. 
 
 Rule V. 
 
 All motions and applications in the clerk's office for the issuing of mesne 
 process and final process to enforce and execute decrees, for filing bills, answers, 
 pleas, demurrers, and other pleadings; for making amendments to bills and 
 answers; for taking bills pro confesso ; for filing exceptions, and for other pro- 
 ceedings in the clerk's office, which do not, by the rules hereinafter prescribed, 
 require any allowance or order of the court, or of any judge thereof, shall be 
 deemed motions and applications, grantable of course by the clerk of the court. 
 Bat the same may be suspended, or altered, or rescinded, by any judge of the 
 court, upon special cause shown. 
 
 Rule VI. 
 All motions for rules or orders and other proceedings, which are not grant- 
 able of course, or without notice, shall, unless a different time be assigned by a 
 judge of the court, be made on a rule day, and entered in the order book, and shall 
 be heard at the rule day next after that on which the motion is made. And 
 if the adverse party, or his solicitor, shall not then appear, or shall not show 
 good cause against the same, the motion may be heard by any judge of the 
 court ex parte, and granted as if not objected to, or refused, at his discretion. 
 
 PROCESS. 
 Rule VII. 
 
 The process of subpcena shall constitute the proper mesne process in all suits 
 in equity, in the first instance, to require the defendant to appear and answer 
 .the exigency of the bill ; and unless otherwise provided in these rules, or 
 specially ordered by the Circuit Court, a writ of attachment, and if the defend- 
 lant cannot be found, a writ of sequestration, or a writ of assistance to enforce 
 a delivery of possession, as the case may require, shall be the proper process to 
 issue for the purpose of compelling obedience to any interlocutory or final order 
 or decree of the court. 
 
 Rule VIII 
 
 Final process to execute any decree may, if the decree be solely for the pay- 
 ment of money, be by a writ of execution, in the form used in the Circuit Court 
 in suits at common law in actions of assumpsit. If the decree be for the per- 
 formance of any specific act, as, for example, for the execution of a conveyance 
 of land, or the delivering up of deeds, or other documents, the decree shall, in all 
 
KULES IN EQUITY SUPREME OOUET U. S. 267 
 
 cases, prescribe the time within which the act shall be done, of which the 
 defendant shall be bound, without further service, to take notice ; and upon ' 
 affidavit of the plaintiff, filed in the clerk's office, that the same has not been 
 complied with within the prescribed time, the clerk shall issue a writ of attach- 
 ment against the delinquent party, from which, if attached thereon, he shall 
 not be discharged, unless upon a full compliance with the decree and the pay- 
 ment of all costs, or upon a special order of the court, or of a judge thereof, 
 upon motion and affidavit, enlarging the time for the performance thereof. If 
 the delinquent party cannot he found, a writ of sequestration shall issue against 
 his estate upon the return of non est inventus, to compel obedience to the decree. 
 
 Rule IX. 
 
 , When any decree or order is for the delivery of possession, upon proof made 
 by affidavit of a demand and refusal to obey the decree or order, the party 
 prosecuting the same shall be entitled to a writ of assistance from the clerk of 
 the court. 
 
 Rule X. 
 
 Every person, not being a party in any cause, who has obtained an order, or 
 in whose favor an order shall have been made, shall be enabled to enforce obe- 
 dience to such order by the same process as if he were a party to the cause ; 
 and every person, not being a party in any cause, against whom obedience to 
 any order of the court may be enforced, shall be liable to the same process for 
 enforcing obedience to such order as if he were a party in the cause. 
 
 SERVICE OF PROCESS. 
 Rdle XI. 
 
 No process of subpoena shall issue from the clerk's office in any suit in equity 
 until the bill is filed in the cause. 
 
 Rule XII. 
 
 Whenever a bill is filed,^he clerk shall issue the process of subpoena thereon, 
 as of course, upon the application of the plaintiff, which shall be returnable into 
 the clerk's office the next rule day, or the next rule day but one, at the election 
 of the plaintiff, occurring after twenty days from the time of the issuing thereof. 
 At the bottom of the subpoena shall be placed a memorandum, that the defend- 
 ant is to enter his appearance in the suit in the clerk's office, on or before the 
 day at which the writ is returnable ; otherwise, the bill may be taken pro con- 
 fesso. Where there are more than one defendant, a writ of subposna may, at 
 the election of the plaintiff, be sued out separately for each defendant, except 
 in the case of husband and wife defendants, or a joint subpcena against all the 
 defendants. 
 
 Rule XIII. 
 
 The service of all subpoenas shall be by a delivery of a copy thereof by the 
 officer serving the same to the defendant personally, or, in case of husband and 
 wife, to the husband personally, or by leaving a copy thereof at the dwelling- 
 house or usual place of abode of each defendant, with some free white person, 
 wiio is a member or resident in the family. 
 
2G8 APPENDIX. 
 
 EULE XIV. 
 
 Whenever any subpoena shall be returned not executed as to any defendant, 
 the plain tifif shall be entitled to another subpoena, ioiies guoiies, against such 
 defendant, if he shall require it, until due ssrvice is made. 
 
 Rule XV. 
 The service of all process, mesne and final, shall be by the marshal of the dis- 
 trict, or his deputy, or by some other person specially appointed by the court 
 for that purpose, and not otherwise. In the latter case, the person serving the 
 process shall make affidavit thereof. 
 
 EuLE XVI. 
 Upon the return of the subpoena as served and executed upon any defendant, 
 the clerk shall enter the suit upon his docket as pending in the court, and shall 
 state the time of the entry. 
 
 APPEARANCE. 
 
 Rule XVII. 
 
 The appearance day of the defendant shall be the rule day to which the sub- 
 poena is made returnable, provided he has been served with the process twenty 
 days before that day ; otherwise, his appearance day shall be the next rule day 
 succeeding the rule day when the process is returnable. 
 
 The appearance of the defendant, either personally or by his solicitor, shall 
 be entered in the order book on the day thereof by the clerk. 
 
 BILLS TAKEN PRO OONFESSO. 
 
 RnLE XVIII. 
 It shall be the duty of the defendant, unless the time shall be otherwise en- 
 larged, for cause shown, by a judge of the court, upon motion for that purpose, 
 to file his plea, demurrer, or answer to the bill, in the clerk's office, on the rule 
 day next succeeding that of entering his appearance. In default thereof, the 
 plaintitf may, at his election, enter an order fa' nf course) in the order book, 
 that the bill be taken pro confesso ; ana thereupon the cause shall be proceeded 
 in ex parte, and the matter of the bill may be decreed by the court at the next 
 ensuing term thereof accordingly, if the same can be done without an answer, 
 and is proper to be decreed ; or the plaintiff, if he requires any discovery or 
 answer to enable him to obtain a proper decree, shall be entitled to process of 
 attachment against the defendant, to compel an answer ; and the defendant 
 shall not, when arrested upon such process, be discharged therefrom, unless upon 
 filing his answer, or otherwise complying with such order as the court or a j udge 
 thereof may direct, as to pleading to or fully answering the bill, within a period 
 to be fixed by the court or judge, and undertaking to speed the cause. 
 
 Rule XIX. 
 
 When the bill is taken pro eonfesso, the court may proceed to a decree at the 
 
 next ensuing term thereof, and such decree rendered shall be deemed absolute, 
 
 unless the court shall, at the same term, set aside the same, or enlarge the time 
 
 Cor filing the answer, upon cause shown upon motion and affidavit of the de- 
 
RULES IN EQUITY SUPREME COURT U. S. 269 
 
 fendant. And no such motion shall be granted, unless upon the payment of 
 the costs of the plaintiff in the suit up to that time, or such part thereof as the 
 court shall deem reasonable, and unless the defendant shall undertake to£le 
 his answer within such time as the court shall direct, and submit to such other 
 terms as the court shall direct, for the purpose of speeding the cause. 
 
 FRAME OF BILLS. 
 
 EniB XX. 
 
 Every bill, in the introductory part thereof, shall contain the names, places 
 
 of abode, and citizenship, of all the parties, plaintiffs and defendants, by and 
 
 against whom the bill is brought. The form, in substance, shall be as follows: 
 
 " To the judges o5 the Circuit Court of the United States for the district of 
 
 : A. B., of , and a cftizen of the State of , brings this his bill 
 
 against C. D., of , and a citizen of the State of , and E. F., of , and 
 
 a citizen of the State of . And thereupon your orator complains and says, 
 
 that," &o. 
 
 Rule XXI. 
 
 The plaintiff, in his bill, shall be at liberty to omit, at his option, the part 
 which is usually called the common confederacy clause of the bill, averring a 
 
 . confederacy between the defendants to injure or defraud the plaintiff; also 
 what is commonly called the charging part of the bill, setting forth the matters 
 or excuses which the defendant is supposed to intend to set up by way of de- 
 
 ■ fence to the bill ; also what is commonly called the jurisdiction clause of the 
 
 . bill, that the acts complained of are contrary to equity, and that the defendant 
 is without any remedy at law ; and the bill shall not be demurrable therefor. 
 
 "And the plaintiff may, in the narrative or stating part of his bill, state and 
 avoid, by counter averments, at his option, any matter or thing wliioh he sup- 
 poses will be insisted upon by the defendant, by way of defence or excuse, to 
 the case made by the plaintiff for relief The prayer of the bill shall asfc" 
 the special relief to which the plaintiff supposes himself entitled, and also shall 
 contain a prayer for general relief; and if an injunction, or a writ of ne exeat 
 regno, or any other special order pending the suit is required, it shall be spe- 
 cially asked for. 
 
 Rule XXII. 
 If any other persons, other than those named as defendants in the bill, 
 shall appear to be necessary or proper parties thereto, the bill shall aver the 
 reason why they are not made parties, by showing them to be without the juris- 
 diction of the court, or that they cannot be joined without ousting the juris- 
 diction of the court as to the other parties. And as to persons who are without 
 the jurisdiction and may properly be made parties, the bill inay pray that pro- 
 cess may issue to make them parties to the bill if they should come within the 
 jurisdiction. 
 
 Rule XXIII. 
 The prayer for process for subpoena in the bill shall contain the names of all 
 
 .the defendants named in the -introductory part of the bill, and if any of them 
 are known to be infants under age, or otherwise under guardianship, shall state 
 the fact, so that the court may take order thereon as justice may require, upon 
 
 ,the return of the process. If an injunction, or a writ of ne exeat regno, ot 
 
270 
 
 APPENDIX. 
 
 any other special order, pending the suit, is asked for in the prayer for relief, 
 that shall be sufficient without repeating the same in the prayer for process. 
 
 ECLB XXIV. 
 
 Every bill shall contain the' signature of counsel annexed to it, which shall 
 be considered as an affirmation on his part, that upon the instructions given to 
 him and the case laid before him, there is good ground for the suit, in the man- 
 ner in which it is framed. 
 
 EULE XXV. 
 
 In order to prevent unnecessary costs and expenses, and to promote brevity, 
 succinctness, and directness in the allegations of bills and answers, the regular 
 taxable costs for every bill and answer shall in no case exceed the sum which 
 is allowed in the State court of chancery in the district, if any there be ; but if 
 there be none, then it shall not exceed the sur» of three dollars for every bill or 
 answer. 
 
 SCANDAL AND IMPEETINENGE IN BILLS. 
 
 EuLE XXVI. 
 Every bill shall be expressed in as brief and succinct terms as it reasonably 
 can be, and shall contain no unnecessary recital of deeds, documents, contracts, 
 or other instruments, in hcec verba, or any other impertinent matter, or any 
 scandalous matter not relevant to the suit. If it does, it may on exceptions be 
 referred to a master by any judge of the court for impertinence or sca,ndal ; and 
 if Eo found by him, the matter shall be expunged at the expense of the plaintiff, 
 and he shall pay to the defendant all his costs in the suit up to that time, un- 
 less the court or a judge thereof shall otherwise order. If the master shall re- - 
 port that the bill is not scandalous or impertinent, the plaintiff shall be enti- 
 tled to all costs occasioned by the reference. 
 
 EuLE XXVII. 
 No order shall be made by any judge for referring any bill, answer, or plead- 
 ing, or other matter, or proceeding depending before the court for scandal or 
 impertinence, unless exceptions are taken in writing and signed by counsel, de- 
 scribing the particular passages which are considered to be scandalous or im- 
 pertinent ; nor unless the exceptions shall be filed on or before the next rule day 
 after the process on the bill shall be returnable, or after the answer or pleading 
 is filed. And such order, when obtained, shall be considered as abandoned, 
 unless the party obtaining the order shall, without any unnecessary delay, pro- 
 cure the master to examine and report for the same on or before the next suc- 
 ceeding rule day, or the master shall certify that farther time is necessary for 
 him to complete the examination. 
 
 AMENDMENT OF BILLS. 
 
 EuLE XXVIII. 
 The plaintiff shall be at liberty as a matter of course, and without payment 
 of costs, to amend his bill in any matters whatsoever, before any copy has been 
 taken out of the clerk's office, and in any small matters afterwards, such as fill- 
 ing blanks, correcting errors of dates, misnomer of parties, misdescription of 
 
RULES IN EQUITY SUPREME COURT U. S. ?.71 
 
 premises, clerical errors, and generally in matters of form. But if he amend in 
 a material point (as he may do of course) after a copy has been so taken, before 
 any answer or plea, or demurrer to the bill, he shall pay to the defendant the 
 costs occasioned thereby, and shall, without delay, furnish him a fair copy 
 thereof, free of expense, with suitable reference to the places where the same 
 are to be inserted. And if the amendments are numerous, he shall furnish in 
 like manner, to the defendant, ti copy of the whole bill as amended ; and if 
 there be more than one defendant, a copy shall be furnished to each defendant 
 afi'ected thereby. 
 
 Rule XXIX. 
 After an answer, or plea, or demurrer is put in, and before replication, the 
 plaintiff may, upon motion or petition, without notice, obtain an order, from 
 any judge of the court, to amend his bill on or before the next succeeding rule 
 day, upon payment of costs or without payment of costs, as the court or a jndge 
 thereof may in his discretion direct. But after replication filed, the plaintiS 
 shall not be permitted to withdraw it and to amend his bill, except upon a 
 special order of a judge of the court, upon motion or petition, after due notice to 
 the other party, and upon proof by affidavit that the same is not made for the 
 purpose of vexation or delay, or that the matter of the proposed amendment i^ 
 material, and could not with reasonable diligence have been sooner introduced 
 into the bill, and upon the plaintiff's submitting to such other terms aa may be 
 imposed by the judge for speeding the cause. 
 
 EuiE XXX. 
 If the plaintiff, so obtaining any order to amend his bill after answer, or plea, 
 or demurrer, or after replication, shall not file his amendments or amended bill, 
 as the case may require, in the clerk's office, on or before the next succeeding 
 rule day, he shall be considered to have abandoned the same, and the cause 
 shall proceed as if no application for any amendment had been made. 
 
 DEMUREKES AND PLEAa 
 
 EULE XXXI. 
 No demurrer or plea shall be allowed to be filed to any bill, unless upon a 
 certificate of counsel, that in his opinion it is well founded in point of law, and 
 supported by the affidavit of the defendant, that it is not interposed for delay ; 
 and if a plea, that it is true in point of fact. 
 
 Etoe XXXII. 
 
 The defendant may, at any time before the bill is taken for confessed, or after- 
 wards, with the leave of the court, demur or plead to the whole bill, or to part 
 of it, and he may demur to part, plead to part, and answer as to the residue ; 
 but in every case in which the bill specially charges fraud or combination, a 
 plea to such part must be accompanied with an answer fortifying the plea, and 
 explicitly denying the fraud and combinatiop,.and the facts on which the-oharge 
 is founded. 
 
 Ettie XXXIII. 
 
 The plaintiff may set down-the demurrer or plea to be argued, or he may take 
 issne on the plea. If, upon an issue, the facts stated in the plea be determined 
 
272 APPENDIX. 
 
 for the defendant, they shall avail him, as far as in tho law and equity they 
 ought to avail him. 
 
 Rule XXXIV. 
 If, upon the hearing, any demurrer or plea is overruled, the plaintiff shall be 
 entitled to his costs in the cause up to that period, unless the court shall be sat- 
 . isfied that the defendant had good grounds in point of law or fact to interpc-ie 
 the same, and it was not interposed vexatiously or for delay. S.nd upon the 
 overruling of any plea or demurrer, the defendant shall be assigned to answer 
 the bill, or so much thereof as is covered by the plea or demurrer, the next suc- 
 ceeding rule day, or at such other period as, consistently with justice and the 
 rights of the defendant, the same can, in the judgment of the court, be reason- 
 ably done ; in default whereof, the bill shall be taken against him, pro eonfesso, 
 and the matter thereof proceeded in and decreed accordingly. 
 
 Rule XXXV. 
 If, upon the hearing, any demurrer or plea shall be allowed, the defendant 
 shall be entitled to his costs. But the court may, in its discretion, upon motion 
 of the plaintiff, allow him to amend his bill upon such terms as it shall deem 
 reasonable. 
 
 Rule XXXVI. 
 
 No demurrer or plea shall be held bad and overruled upon argument, only 
 because such demurrer or plea shall not cover so much of the bill as it might by 
 law have extended to. 
 
 Rule XXXVII. 
 
 No demurrer or plea shall be held bad and overruled upon argument, only 
 because the answer of the defendant may extend to some part of the matter, as 
 may be covered by such demurrer or plea. 
 
 Rule XXXVIII. 
 If the plaintiff shall not reply to any plea, or set down any plea or demurrer 
 for argument, on the rule day when the same is filed, or on the next succeeding 
 rule day, he shall ba deemed to admit the truth and sufficiency thereof, and his 
 bill shall be dismissed as of course, unless a judge of the court shall allow him 
 further time for the purpose. 
 
 ANSWERS. 
 
 Rule XXXIX. 
 The rule, that if a defendant submits to answer he shall answer fully to all 
 the matters of the bill, shall no longer apply in cases where he might by plea 
 protect himself from such answer and discovery. And the defendant shall be en- 
 titled in all cases, by answer, to insist upon all matters of defence (not being 
 matters of abatement, or to the character of the parties, or matters of form) in 
 bar of or to the merits of the bill, of which he may be entitled to avail himself 
 by a plea in bar ; and in such answer he shall not be compellable to answer 
 any .other matters than he would be compellable to answer and discover upon 
 filing a plea in bar, and an answer in support of such plea, touching the matters 
 set forth in the bill, to avoid or repel the bar or defence. Thus, for example, a 
 hona fide purchaser for a valuable consideration, without notice, may set up 
 that defence by way of answer instead of plea, and shall be entitled to the same 
 
RULES IN EQUITY SUPREME COURT U. S. 273 
 
 protection, and shall not be compellable to make any further answer or discov- 
 ery of his title than he would ba in any answer in support of such plea. 
 
 Rule XL. 
 
 A defendant shall not bo bound to answer any statement or charge in the 
 bill, unless specially and particularly interrogated thereto; and a, defendant 
 shall not be bound to answer any interrogatory in the bill, except those inter- 
 rogatories which such defendant is required to answer; and where a defendant 
 shall answer any statement or charge in the bill, to whieh he is not interrogated, 
 only by stating his ignorance of the matter so stated or charged, such answer 
 shall be deemed impertinent.* 
 
 Edle XLI. 
 
 The interrogatories contained in the interrogating part of the bill shall be 
 divided as conveniently as may be from each other, and numbered consecutively 
 1, 2, 3, &c. ; and the interrogatories which each defendant is reijtiired to answer 
 shall be specified in a note at the foot of the bill, in the form or to the effect 
 following ; that is to say — " The defendant (A. B.) is required to answer the 
 interrogatories numbered respectively 1, 2, 3, &c. ;" and the office copy of the 
 bill taken by each defendant shall not contain any interrogatories except those 
 which such defendant is required to answer, unless such defendant shall require. 
 to bo furnished with a copy of the whole bill. 
 
 Rule XLII. 
 
 The note at the foot of the bill, specifying the interrogatories which each 
 defendant is required to answer, shall be considered and treated as part of the 
 bill; and the addition of any such note to the bill, or any alteration in or addi- 
 tion to such note after the bill is filed, shall be considered and treated as an 
 amendment of the bill. 
 
 Rule XLIII. 
 
 Instead of the words of the bill now in use, preceding the interrogating part 
 thereof, and beginning with the words " To the end, therefore," there shall 
 hereafter be used words in the form or to the effect following: " To the end, 
 therefore, that the said defendants may, if they can, show why your orator 
 should not have the relief hereby prayed, and may, upon their several and re- 
 spective corporal oaths, and according to the best and utmost of their several 
 and respective knowledge, remembrance, information, and belief, full, true, 
 direct, and perfect answer make to such of the several interrogatories herein- 
 after numbered and set forth, as by the note hereunder written they are respect- 
 ively required to answer ; that is to say — 
 
 " 1. Whether, &c. 
 
 "2. Whether, &c." 
 
 Rule XLIV. 
 
 A defendant shall be at liberty, by answer, to decline answering any inter- 
 rogatory or part of an interrogatory, from answering which he might have 
 protected himself by demurrer ; and he shall be at liberty so to decline, not- 
 withstanding he shall an.swer other parts of the bill, from which he might have 
 protected himself by demurrer. 
 
 18 
 
 ' Tide post, 9Cd IlQle, pai;o 2S0. 
 
274 APPENBIX. 
 
 Rule XLV. 
 No special replication to any answer shall be filed. But if any matter alleged 
 in the answer shall make it necessary for the plaintiff to amend his hill, he may 
 have leave to amend the same with or without the payment of costs, as the 
 court, or a judge thereof, may in his discretion direct. 
 
 Rule XLVI. 
 In every case where an amendment shall be made after answer filed, the 
 defendant shall put in a new or supplemental answer, on or before the next 
 succeeding rule day after that on which the amendment or amended bill is filed, 
 unless the time is enlarged or otherwise ordered by a judge of the court; and 
 upon his default the like proceedings may be had as in cases of an omission to 
 put in an answer. 
 
 PARTIES TO BILLS. 
 
 Rule XLVII. 
 In all cases where it shall appear to the court that persons, who might other- 
 wise be deemed necessary or proper parties to the suit, cannot be made parties 
 by reason of their being out of the jurisdiction of the court, or incapable other- 
 wise of being made parties, or because their joinder would oust the jurisdiction 
 of the court as to the parties before the court, the court may, in their discretion, 
 proceed in the cause without making such persons parties ; and in such cases 
 the decree shall be without prejudice to the rights of the absent parties. 
 
 Rule XLVIII. 
 Where the parties on either side are very numerous, and cannot, without 
 manifest inconvenience and oppressive delays in the suit, be all brought before 
 it, the court, in its discretion, may dispense with making all of them partiesi 
 and may proceed in the suit, having sufficient parties before it to represent all 
 the adverse interests of the plaintiff's and the defendants in the suit properly 
 before it. But in such cases the decree shall be without prejudice to the rights 
 and claims of all the absent parties. 
 
 Rule XLIX. 
 In all suits concerning real estate, which is vested in trustees by devise, and 
 such trustees are competent to sell and give discharges for the proceeds of the 
 ■sale, and for the rents and profits of the estate, such trustees shall represent the 
 ■persons beneficially interested in the estate or the proceeds, or the rents and 
 profits, in the same manner, and to the same ertent, as the executors or adminis- 
 trators in suits concerning personal estate represent the persons beneficially 
 interested in such personal estate ; and in such cases it shall not bo necessary to 
 make the persons beneficially interested in such real estate, or rents and profits 
 parties to the suit; but the court may, upon consideration of the matter on the 
 hearing, if it shall so think fit, order such persons to be made parties. 
 
 Rule L. 
 In suits to execute the trusts of a will, it shall not be necessary to make the 
 heir at law a party : but the plaintiff shall be at liberty to make the heir at law 
 a party, where he desires to have the will established against him. 
 
ETJLES IN EQUITY SUPREME COURT U. S. 275 
 
 RtTLE LI. 
 
 In all cases in which the plaintiff has a joint and several demand against 
 several persons, either as principals or sureties, it shall not be necessary to bring 
 before thecoart, as parties to a suit concerning such demand, all the persons 
 liable thereto ; but the plaintiff may proceed against one or more of the persons 
 severally liable. 
 
 EuLE LII. 
 
 Where the defendant shall, by his answer, suggest that the bill is defective for 
 want of parties, the plaintiff shall be at liberty, within fourteen days after 
 answer filed, to set down the cause for argument upon that objection only ; and 
 the purpose for which the same is so set down shall be notified by an entry, to 
 be made in the clerk's order book, in the form or to the effect following, (that is 
 to say :) " Set down upon the defendant's objection for want of parties." And 
 where the plaintiff shall not so set down his cause, but shall proceed therewith 
 to a hearing, notwithstanding an objection for want of parties taken by the 
 answer, he shall not, at the hearing of the cause, if the defendant's objection 
 shall then be allowed, be entitled as of course to an order for liberty to amend 
 his bill by adding parties. But the court, if it thinks fit, shall be at liberty to 
 dismiss the bill. 
 
 EuLE LIU. 
 
 If a defendant shall, at the hearing of a cause, object that a suit is defective 
 for want of parties, not having by plea or answer taken the objection, and 
 therein specified by name or description the narties to whom the objeotioa 
 applies, the court (if it shall think fit) shall be at liberty to make a decree 
 saving the rights of the absent parties. 
 
 NOMINAL PAETIES TO BILLS. 
 EULE LIV. 
 Where no account, payment, conveyance, or other direct relief is sought 
 against a party to a suit, not being an infant, the party, upon service of the 
 subpoena upon him, need not appear and answer the bill, unless the plaintiff 
 specially requires him so to do by~the prayer of his bill; but he may appear 
 and answer at his option ; and if he does not appear and answer he shall be 
 bound by all the proceedings in the cause. If the plaintiff shall require him 
 to appear and answer, he shall be entitled to the costs of all the proceedings 
 against him, unless the court shall otherwise direct. 
 
 EnLE LV. 
 Whenever an injunction is asked for by the bill to stay proceedings at law, if 
 the defendant do not enter his appearance and plead, demur, or answer to the 
 same within the time prescribed therefor by these rules, the plaintiff shall be 
 entitled as of course, upon motion without notice, to such injunction. But 
 special injunctions shall be grantable only upon due notice to the other party 
 by the court in term, or by a judge thereof in vacation, after a hearing, which 
 may be ex parte, if the adverse party does not appear at the time and place 
 ordered. In every case where an injunction, either the common injunction or 
 a special injunction, is awarded in vacation, it shall, unless previously dissolved 
 by the judge granting the same, continue until the next term of the court, or 
 until it is dissolved by some other order of the court. 
 
276 APPENDIX. 
 
 BILLS or EEVIVOE AND SUPPLEMENTAL BILLS. 
 
 ECLE LVI. 
 Whenever a snit in equity shall become abated by the death of either party, 
 or by any other event, the same may be revived by a bill of revivor, or a bill 
 in the nature of a bill of revivor, as the circumstances of the case may require, 
 filed by the proper parties entitled to revive the same ; which bill may be filed 
 in the clerk's office at any time ; and upon suggestion of the facts, the proper 
 process of subpoena shall, as of course, be issued by the clerk, requiring the 
 proper representatives of the other party to appear and show cause, if any they 
 have, why the cause should not be revived. And if no cause shall be shown 
 at the next rule day which shall occur after fourteen days from the time of the 
 service of the same process, the suit shall stand revived, aa of course. 
 
 Ettle LVII. 
 Whenever any snit in equity shall become defective, from any event hap- 
 pening after the filing of the bill, (as, for example, by change of interest in the 
 parties,) or for any other reason a supplemental bill, or a bill in the nature of 
 a supplemental bill, may be necessary to be filed in the cause, leave to file the 
 same may be granted by any judge of the court on any rule day, upon proper 
 cause shown, and due notice to the other party. And if leave is granted to 
 file such supplemental bill, the defendant shall demur, plead, or answer theretoi 
 on the next succeeding rule day after the supplemental bill is filed in the clerk's 
 office, unless some other time shall be assigned by a judge of the court. 
 
 EtTLE LVIII. 
 It shall not be necessary in any bill of revivor, or supplemental bill, to set 
 forth any of the statements in the original suit, unless the special circumstancea 
 of the case may require it. 
 
 ANSWEES. 
 
 EtJLE LIX. 
 Every defendant may swear to his answer before any justice or judge of any 
 court of the United States, or before any commissioner appointed by any Circuit 
 Court to take testimony or depositions, or before any master in chancery ap- 
 pointed by any Circuit Court, or before any judge of any court of a State or 
 Territory. 
 
 AMENDMENT OF ANSWEES. 
 
 EtJLE LX. 
 After an answer is put in, it may be amended as of course, in any matter of 
 form, or by filling up a blank, or correcting a date, or reference to a document 
 or other small matter, and be re-sworn, at any time before a replication is 
 put in, or the cause is set down for a hearing upon bill and answer. But 
 after replication, or such setting down for hearing, it shall not be amended in 
 any material matters, as by adding new facte or defences, or qualifying or alter- 
 ing the original statemente, except by special leave of the court or of a judge 
 thereof, upon motion and cause shown after due notice to the adverse party, 
 
RULES IN EQUITY SUPREME COURT U. S. 'J.il 
 
 supported, if required, by affidavit. And in every case where leave is bo 
 granted, the court, or the judge granting the same, may, in his discretion, re- 
 quire that the same be separately engrossed and added as a distinct amendment 
 to the original answer, so as to be distinguishable therefrom. 
 
 EXCEPTIONS TO ANSWEES. 
 
 Rule LXI. 
 Aft-er an answer is filed on any rule day the plaintiff shall be allowed until 
 the next succeeding rule day to file in the clerk's office exceptions thereto for 
 insufficiency, and no longer, unless a longer time shall be allowed for the pur- 
 pose, upon cause shown to the court or a judge thereof; and if no exception 
 shall be, filed thereto within that period, the answer shall be deemed and taken 
 to be sufficient. 
 
 Rule LXII. 
 
 When the same solicitor is employed for two or more defendants, and sepa- 
 rate answers shall be filed, or other proceedings had by two or more of the de- 
 fendants separately, costs shall not be allowed for such separate answers or 
 other proceedings, unless a master, upon reference to him, shall certify that 
 such separate answers and other proceedings were necessary or proper, and 
 ought not to have been joined together. 
 
 Rule LXIII. 
 Where exceptions shall be filed to the answer for insufficiency within the 
 period prescribed by these rules, if the defendant shall not submit to the same 
 and file an amended answer on the next succeeding rule day, the plaintiff shall 
 forthwith set them down for a hearing on the next succeeding rule day there- 
 after, before a judge of the court, and shall enter, as of course, in the order book, 
 an order for that purpose. And if he shall not set down the same for a hearing, 
 the exceptions shall be deemed abandoned, and the answer shall be deemed 
 sufficient: Promded, however. That the court, or any judge thereof, may,, for 
 good cause shown, enlarge the time for filing exceptions, or for answering the 
 same, in his discretion, upon such terms as he may deem reasonable. 
 
 Rule LXIV. 
 If at the hearing the exceptions shall be allowed, the defendant shall be bound 
 to put in a full and complete answer thereto on the next succeeding rule day ; 
 otherwise, the plaintiff shall, as of course, be entitled to take the bill, so far as 
 the matter of such exceptions is concerned, as confessed, or, at his election, he 
 may have a writ of attachment to compel the defendant to make a better an- 
 swer to the matter of the exceptions ; and the defendant, when in custody upon 
 such writ, shall not be discharged therefrom but by an order of the court, or of 
 a judge thereof, upon his putting in such answer and complying with such 
 other terms as the court or judge may direct. 
 
 Rule LXV. 
 If, upon argument, the plaintiff's exception to the answer shall be ovErrnled, 
 or the answer shall be adjudged insufficient, the prevailing party shall be enti- 
 tled to all the costs occasioned thereby, unless otherwise directed by the court, 
 or the judge thereof, at the hearing upon the exceptions. 
 
278 APPENDIX. 
 
 REPLICATION AND ISSUE. 
 
 Edle LXVI. 
 Whenever the answer of the defendant shall not be excepted to, or shall be 
 adjudged or deemed sufSoient, the plaintiff shall file the general replication 
 thereto on or before the next succeeding rule day thereafter ; and in all cases 
 where the general replication is filed the cause shall be deemed to all intents 
 and purposes at issue, without any rejoinder or other pleading on either side. 
 If the plaintiff shall oinit or refuse to file such replication within the prescribed 
 period, the defendant shall be entitled to an order, as of course, for a dismissal 
 of the suit ; and the suit shall thereupon stand dismissed, unless the court, or a 
 judge thereof, shall, upon motion for cause shown, allow a replication to be 
 filed nuno pro tunc, the plaintiff submitting to speed the cause, and to such other 
 terms as may be directed. 
 
 TESTIMONY— HOW TAKEN. 
 
 EuLE LXVII. 
 After the cause is at issue, commissions to take testimony may be taken out 
 in vacation as well as in term, jointly by both parties, or severally by either 
 party, upon interrogatories filed by the party taking out the same in the clerk's 
 ofn(se, ten days' notice thereof being given to the adverse party to file cross- 
 interrogatories before the issuing of the commission ; and if no cross-interroga- 
 tories are filed at the expiration of the time, the commission may issue ex varie. 
 In all cases the commissioner or commissioners shall be named by the court, 
 or by a judge thereof. If the parties shall so agree, the testimony may be 
 taken upon oral interrogatories by the parties or their agents, without filing 
 any written interrogatories. 
 
 Deoembee Teem, 1854. 
 
 Ordered, That the sixty-seventh rule governing equity practice be so amended 
 as to allow the presiding judge of any court exercising jurisdiction, either in 
 term time or vacation, to vest in the clerk of said court general power to name 
 commissioners to take testimony in like manner that the court or judge thereof 
 can now do by the said sixty -seventh rule. 
 
 Deoembee Teem, 1861. 
 
 Ordered, That the last paragraph in the sixty-seventh rule in equity be re- 
 pealed, and the rule be amended as follows ; Either party may give notice to 
 the other that he desires the evidence to be adduced in the cause to be taken 
 orally, and thereupon all the witnesses to be examined shall be examined be- 
 fore one of the examiners of the court, or before an examiner to be specially 
 appointed by the court, the examiner to be furnished with a copy of the bill 
 and answer, if any ; and such examination shall take place in the presence of 
 the parties or their agents, by their counsel or solicitors, and the witnesses shall 
 be subject to cross-examination and re-examination, and which shall be con- 
 ducted as near as may be in the mode now used in common law courts. The 
 
EXILES IN EQUITY SUPREME COURT U. S. 279 
 
 depositions taken upon such oral examination sliall be taken down in writing 
 by the examiner in the form of narrative, unless he determines the examina- 
 tion shall be by question and answer in special instances ; and when completed 
 shall be read over to the witness and signed by him in the presence of the par- 
 ties or counsel, or such of them as may attend; provided, if the witness shall 
 refuse to sign the said deposition, then the examiner shall sign the same; and 
 the examiner may, upon all examinations, state any special matters to the court 
 as he shall think fit; and any question or questions which may be objected to 
 shall be noted by the examiner upon the deposition, but he shall not have power 
 to. decide on the competency, materiality, or relevancy of the questions, and 
 the court shall have power to deal with the costs of incompetent, immaterial, 
 or irrelevant depositions, or parts of them, as may be just. 
 
 The compulsory attendance of witnesses, in case of refusal to attend, to be 
 sworn, or to answer any question put by the examiner, or by counsel or solici- 
 tor, the same practice shall be adopted as is now practiced with respect to wit- 
 nesses to be produced on examination before an examiner of said court on 
 written interrogatories. 
 
 Notice shall be given by the respective counsel or solicitors to the opposite 
 counsel or solicitors or parties of the time and place of the examination for 
 such reasonable time as the examiner may fix by order in each cause. 
 
 When the examination of witnesses before the examiner is concluded, the 
 original deposition, authenticated by the signature of the examiner, shall be 
 transmitted by him to the clerk of the court, to be there filed of record in the 
 same mode as prescribed in the thirtieth section of act of Congress, September 
 24, 1789. 
 
 Testimony may be taken on commission in the usual way by written inter- 
 rogatories and cross-interrogatories, on motion to the court in term time, or to a 
 judge in vacation, for special reasons satisfactory to the court or judge. 
 
 Rule LXVIII. 
 
 Testimony may also be taken in the cause, after it is at issue, by deposition, 
 according to the acts of Congress. But in such case, if no notice is given to the 
 adverse party of the time and place of taking the deposition, he shall, upon mo- 
 tion and affidavit of the fact, be entitled to a cross-examination of the witness 
 either under a commission or by a new deposition taken under the acts of Con- 
 gress, if a court or a judge thereof shall, under all the circumstances, deem it 
 reasonable. 
 
 Rule LXIX. 
 
 Three months, and no more, shall be allowed for the taking of testimony 
 after the cause is at issue, unless the court or a judge thereof shall, upon special 
 Jeause shown by either party, enlarge the time ; and no testimony taken after 
 such period shall be allowed to be read in evidence at the hearing. Immediately 
 upon the return of the commissions and depositions, containing the testimony, 
 into the clerk's office, publication thereof may be ordered in the clerk's office, 
 by any judge of the court, upon due notice to the parties, or it may be enlarged, 
 as he may deem reasonable under all the circumstances. But, by consent of 
 the parties, publication of the testimony may at any time pass in the clerk's 
 office, such consent being in writing, and a copy thereof entered in the order 
 books or indorsed upon the deposition or testimony. 
 
280 APPENDIX. 
 
 TESTIMONY DE BENE ESSE. 
 
 EuLE LXX. 
 After any bill filed, and before the defendant hath answered the same, npon 
 affidavit made that any of the plaintiff's witnesses are aged or infirm, or going 
 out of the country, or that any one of them is a single witness to a material 
 fact, the clerk of the court shall, as of course, upon the application of the plain- 
 tiff, issue a commission to such commissioner or commissioners as a judge of the 
 court may direct, to take the examination of such witness or witnesses de bene 
 esse, upon giving due notice to the adverse party of the time and place of taking 
 his testimony. 
 
 FORM OF THE LAST INTEBROGATOEY. 
 
 EuLB LXXI. 
 The last interrogatory in the written interrogatories to take testimony now 
 commonly in use shall in the future be altered, and stated, in substance, thus: 
 " Do you know, or can you set forth, any other matter or thing which may be 
 a benefit or advantage to the parties at issue in this cause, or either of them, or 
 that may be material to the subject of this your examination, or the matters in 
 question in this cause ? If yea, set forth the same fully and at large in your 
 answer." 
 
 CEOSS-BILL. 
 
 EuiE LXXII. 
 Where a defendant in equity files a cross-bill for discovery only against the 
 plaintiff in the original bill, the defendant to the original bill shall first answer 
 thereto, before the original plaintiff shall be compellable to answer the cross- 
 bill. The answer of the original plaintiff to such cross-bill m.iy be read and 
 used by the party filing the cross-bill, at the hearing, in the same manner and 
 under the same restrictions as the answer praying relief may now be read and 
 used. 
 
 EEFEEENCE TO AND PROCEEDINGS BEFORE MASTEES. 
 
 Etjle LXXIII. 
 Every decree for an account of the personal estate of a testator or intestate 
 shall contain a direction to the master, to whom it is referred to take the same, 
 to inquire and state to the court what parts, if any, of such personal estate are 
 Outstanding or undisposed of, unless the court shall otherwise direct. 
 
 Rule LXXIV. 
 Whenever any reference of any matter is made to a master to examine and 
 report thereon, the party at whose instance or for whose benefit the reference 
 is made shall cause the same to be presented to the master for a hearing on or 
 before the next rule day succeeding the time when the reference was made ; if 
 he shall omit to do so, the adverse party shall be at liberty forthwith to cause 
 proceedings to be had before the master, at the cost of the party procuring the 
 reference. 
 
KULES IN EQUITY SUPREME COUET U. S. 281 
 
 Rule LXXV. 
 Upon every such reference it shall be the duty of the master, as soon as he 
 reasonably can after the same is brought before him, to assign a time and place 
 for proceedings in the same, and to give due notice thereof to each of the par- 
 ties or their solicitors ; and if either party shall fail to appear at the time and 
 place appointed, the master shall be at liberty to proceed ex parte, or, in his 
 discretion, to adjourn the examination and proceedings to a future day, giving 
 notice to the absent party or his solicitor of such adjournment ; and it shall be 
 the duty of the master to proceed with all reasonable diligence in every such 
 reference, and with the least practicable delay ; and either party shall be at 
 liberty to apply to the court, or a judge thereof, for an order to the mister to 
 speed the proceedings, and to make his report, and to certify to the court or 
 judge the reasons for any delay. 
 
 Rule LXXVI. 
 In the reports made by the master to the court, no part of any state of facts, 
 charge, affidavit, deposition, examination, or answer, brought in or used before 
 them, shall be stated or recited. But such state of facts, charge, affidavit, depo- 
 sition, examination, or answer shall be identified, specified, and referred to, so 
 as to inform the court what state of facts, charge, affidavit, deposition, examina- 
 tion, or answer, were so brought in or used. 
 
 Rule LXXVII. , 
 The master shall regulate all the proceedings in every hearing before him, 
 upon every such reference ; and he shall have full authority to examine the 
 parties in the cause upon oath touching all matters contained in the reference ; 
 and also to require the production of all books, papers, writings, vouchers, and 
 other documents applicable thereto ; and also to examine on oath, vivd voce, all 
 witnesses produced by the parties before him, and to order the examination of 
 other witnesses to be taken, under a commission to be issued upon his certificate 
 from the clerk's office, or by deposition according to the acts of Congress, or 
 otherwise, as hereinafter provided ; and also to direct the mode in which the 
 matters requiring evidence shall be proved before him ; and generally to do all 
 other acts, and direct all other inquiries and proceedings in the matters before 
 him, which he may deem necessary and proper to the justice and merits thereof 
 and the rights of the parties. 
 
 Rule LXXVIII. 
 Witnesses who live within the district may, upon due notice to the opposite 
 party, he summoned to appear before the commissioner appointed to take testi- 
 mony, or before a master or examiner appointed in any cause, by subposua in 
 the usual form, which may be issued by the clerk in blank, and filled up by the 
 party praying the same, or by the commissioner, master, or examiner, requiring 
 the attendance of the witnesses at the time and place specified, who shall be 
 allowed for attendance the same compensation as for attendance in court ; and 
 if any witness shall refuse to appear, or give evidence, it shall be deemed a con- 
 tempt of the court, which being certified to the clerk's office by the commis- 
 sioner, master, or examiner, an attachment may issue thereupon, by order of the 
 court or of any judge thereof, in the same manner as if the contempt were for 
 not attending, or for refusing to give testimony in the court. But nothing 
 
282 
 
 APPENDIX. 
 
 herein contained shall prevent the examination of witnesses vivdvoce when pro- 
 duced in open court, if the court shall in its discretion deem it advisable. 
 
 Rule LXXIX. 
 All parties accounting before a master shall bring in their respective accounts 
 in the form of debtor and creditor ; and any of the other parties, who shall not 
 be satisfied with the accounts so brought in, shall be al liberty, to examine the 
 accounting party vivd voce, or upon interrogatories in the master's office, or by 
 deposition, as the master shall direct. 
 
 Rule LXXX. 
 
 All affidavits, depositions, and documents, which have been previously made, 
 read, or used in the court, upon any proceeding in any cause or matter, may be 
 used before the master. 
 
 Rule LXXXI. 
 
 The master shall be at liberty to examine any creditor or other person coming 
 in to claim before him, either upon written interrogatories, or vivd voce, or in 
 both modes, as the nature of the case may appear to him to require. The evi- 
 dence upon such examination shall be taken down by the master, or by some 
 other person by his order and in his presence, if either party requires it, in order 
 that the same may be used by the court, if necessary. 
 
 Rule LXXXII. 
 The Circuit Courts may appoint standing masters in chancery in their respec- 
 tive districts, both the judges concurring in the appointment ; and they may 
 also appoint a master pro hac vice in any particular case. The compensation 
 to be allowed to every master in chancery for his services in any particular case 
 shall be fixed by the Circuit Court, in its discretion, having regard to all the 
 circumstances thereof, and the compensation shall be charged upon and borne 
 by such of the parties in the cause as the court shall direct. The master shall 
 not retain his report as security for his compensation ; but when the compensa- 
 tion is allowed by the court, he shall be entitled to an attachment for the amount 
 against the party who is ordered to pay the same, if, upon notice thereof, he 
 does not pay it within the time prescribed by the court. 
 
 EXCEPTIONS TO REPORT OF MASTER. 
 Rule LXXXIII. 
 The master, as soon as his report is ready, shall return the same into the 
 clerk's office, and the day of the return shall be entered by the clerk in the 
 order book. The parties shall have one month from the time of filing the 
 report to file exceptions thereto ; and if no exceptions are within that period filed 
 by either party, the report shall stand confirmed on the next rule day after the 
 month is expired. If exceptions are filed, they shall stand for hearing before 
 the court of the court is then in session ; or if not, then at the next sitting of 
 the court wliioh shall be held thereafter by adjournment or otherwise. 
 
 Rule LXXXIV. 
 And in order to prevent exceptions to reports from being filed for frivolous 
 causes, or for mere delay, the party whoso exceptions are overruled shall, for 
 every exception overruled, pay costs to the other party, and for every excep- 
 
 ...-«-, 
 
RULES IN EQUITY SUPREME COURT U. S. 283 
 
 tion allowed shall be entitled to costs — the costs to be fixed in each case by the 
 court, by a standing rule of the Circuit Court. 
 
 DECREES. 
 
 KuLE LXXXV. 
 
 Clerical mistakes in decrees, or decretal orders, or errors arising from any 
 
 accidental slip or omission, may, at any time before an actual enrollment thereof 
 
 be corrected by order of the court or a judge thereof, upon petition, without 
 
 the form or expense of a hearing. 
 
 EULE LXXXVI. 
 In drawing up decrees and orders, neither the bill, nor answer, nor other 
 pleadings, nor any part thereof, nor the report of any master, nor any other 
 prior proceedings, shall be recited or stated in the decree or order ; but the 
 decree and order shall begin, in substance, as follows; " This cause came on to 
 be heard (or to be further heard, as the case may be) at this term, and was 
 argued by counsel ; and thereupon, upon consideration thereof, it was ordered, 
 adjudged, and decreed as follows, viz:" [Here insert the decree or order.] 
 
 GUARDIANS AND PROCHEIN AMIS. 
 Rule LXXXVII. 
 Guardians ad litem to defend a suit may be appointed by the court, or by any 
 judge thereof, for infants or other persons v/ho are under guardianship, or other- 
 wise incapable to sue for themselves ; all infants and other persons so incapable 
 may sue by their guardians, if any, or by their prochein ami; subject, how- 
 ever, to such orders as the court may direct for the protection of infants and 
 other persons. 
 
 Rule LXXXVIII. 
 
 Every petition for arehearing shall contain the special matter or cause on which 
 Buch rehearing is applied for, shall be signed by counsel, and the facts therein 
 stated, if not apparent on the record, shall be verified by the oath of the party, 
 or some other person. No rehearing shall be granted after the term at which 
 the final decree of the court shall have been entered and recorded, if an appeal 
 lies to the Supreme Court. But if no appeal lies, the petition may be admitted 
 at any time before the end of the next term of the court, in the discretion of 
 the court. 
 
 Rule LXXXIX. 
 
 The Circuit Courts (both judges concurring therein) may make any other 
 and further rules and regulations for the practice, proceedings, and process, 
 mesne and final, in their respective districts, not inconsistent with the rules 
 hereby prescribed, in their discretion, and from time to time alter and amend 
 the same. 
 
 Rule XC. 
 
 In all cases where the rules prescribed by this court or by the Circuit Court 
 do not apply, the practice of the Circuit Court shall be regulated by the present 
 practice of the High Court of Chancery in England, so far as the same may 
 reasonably be applied consistently with the local circumstances and local con- 
 venience of the district where the court is held, not as positive rules, but as fur- 
 nishing just analogies to regulate the practice. 
 
284 
 
 APPENDIX. 
 
 EULE XCI. 
 Whenever under these rules an oath is or may be required to be taken, the 
 party may, if conscientiously scrupulous of taking an oath, in lieu thereof, 
 make solemn afSrmation to the truth of the facts stated by him. 
 
 Rule XCII. 
 These rules shall take effect, and be of force, in all the Circuit Courts of the 
 United States, from and after tlie first day of August next ; but they may be 
 previously adopted by any Circuit Court in its discretion ; and when and as 
 soon as these rules shall so take effect, and be of force, the rules of practice for 
 the Circuit Courts in equity suits, promulgated and prescribed by this court in 
 March, 1822, shall henceforth cease, and be of no further force or effect. And 
 the clerk of this court is directed to have these rules printed, and to transmit a 
 printed copy thereof, duly certified, to the clerks of the several courts of the 
 United Slates, and to each of the judges thereof. 
 
 Decembek Teem, 1850. 
 
 BULE XCIII. 
 Ordered, That the fortieth rule heretofore adopted and promulgated by this 
 court, as one of the rules of practice in suits in equity in the Circuit Courts, be, 
 and the same is hereby, repealed and annulled. And it shall not hereafter be 
 necessary to interrogate a defendant specially and particularly upon any state- 
 ment in the bill, unless the complainant desires to do so, to obtain a discovery. 
 
 Deoembeb Term, 1863. 
 
 EuLE XCIV. 
 Ordered, That in suits in equity for the foreclosure of mortgages in the Circuit 
 Courts of the United States, or in any court of the Territories having jurisdic- 
 tion of the same, a decree may be rendered for any balance that may be found 
 due to the complainant over and above the proceeds of the sale or sales, and 
 execution may issue for the collection of the same, as is provided in the eighth 
 rule of this court regulating the equity practice, where the decree is solely for 
 the payment of money. 
 
 Note. — In proceedings at Law, instituted for the purpose 
 of carrying into effect the provisions of the Bankrupt Act of 
 1867, the Rules of the Circuit Court regulating the Practice 
 and Procedure in Cases at Law are to be followed. — [See 
 Rules oe the Circuit Courts op the United States for 
 the several districts.] 
 
ABSTEACT 
 
 EXEMPTION, LIEN, COLLECTION, LIMITATION, AND INTEREST 
 
 LAWS OF THE SEVERAL STATES, TERRITORIES, AND 
 
 THE DISTRICT OF COLUMBIA. 
 
 Arranged bt States, ik Alphabetical Order, and Careeullt Compiled 
 PEOM THE Latest Laws. 
 
 STATE OF ALABAMA. 
 
 PROPERTY EXEMPTED FROM ATTACHMENT ON EXECUTION. 
 
 Personal Property : — 2 bedsteads, beds, and furniture ; 3 cows and calves ; 1 
 work horse, mule, or pair of oxen ; ?0 hogs ; 20 sheep ; 500 lbs. of meat ; 100 
 bushels of corn ; all meal at any time on hand ; 2 ploughs ; 2 sets of plough 
 gears ; 1 table ; 1 pot ; 1 oven ; 2 water vessels ; 1 dozen cups and saucers ; 1 set of 
 knives and forks ; 1 dozen plates ; 1 coffee-pot ; 2 dishes ; 2 pairs of cotton cards ; 
 spinning-wheels ; 1 churn ; 3 chairs ; 2 axes ; 2 hoes ; 1 horse or ox-cart ; 1 gun ; 
 all books and family portraits, and all tools or implements of trade. Rent due the 
 landlord, not exceeding one year, must be tendered to him before the goods and 
 chattels lying on the household property can be taken. 
 
 Real Estate. — Forty acres of land, not exceeding |400 in value, are exempt, 
 provided they are not within the corporate limits of any town or city. 
 
 LIEN LAWS. 
 
 Any person who shall furnish labor, materials, or stores for any vessel, by 
 order of the master or captain of the same, shall have a lien on such vessel for 
 the same. To enforce this lien, the party must institute an action against the 
 vessel for the amount of his claim, within thirty days from the time when the 
 lien accrued. 
 
 Any person contracting to put up any building shall have a lien upon snch 
 building, and on the land connected therewith, until the amount specified in the 
 contract is fully paid. To enforce such lien, the contract, or an attested copy 
 thereof, must be recorded in the ofiSce of the clerk of the county court, within 
 thirty days after the completion of the building. 
 
 COLLECTION LAWS. 
 A debtor may be arrested on showing that he is preparing to abscond ; that 
 he has fraudulently disposed of his property ; that he withholds property liable 
 for his debts ; that he secretes himself to avoid process ; that he resides out of 
 the State ; or that he is about to remove his property from the State whereby 
 the plaintiff may lose his debt, or be compelled to sue for it in another State. 
 Attachments auxiliary to pending suits may be sued out on the same grounds 
 
 285 
 
233 
 
 APPENDIX. 
 
 as original attachments. A debtor may get himself discharged from arrest by 
 making an affidavit that the complaint on which he was arrested is not true, 
 and that he is possessed of nothing with which to satisfy the debt ; or by ren- 
 dering a schedule of his property, real and personal, and making affidavit that 
 he is not possessed of property to the value of $20, other than what is mentioned 
 in the schedule, except such property as is by law exempt from execution, and 
 that he has not disposed of property to secure it to his own use, or to defraud 
 his creditors. This oath may, however, be impeached or controverted by the 
 plaintiff. If the debtor be convicted of rendering a false or fraudulent schedule, 
 he is liable to one year's imprisonment. 
 
 LIMITATION LAWS. 
 
 Actions which must be commenced within 30 years after the cause of action 
 accrued. — All actions on real, possessory, ancestral, and other actions for the 
 recovery of lands. 
 
 Within 20 years. — All actions relative to the right of entry on lands ; all 
 actions on judgments in any court of record; and all actions of debt betwuen 
 merchants, concerning trade in merchandise. 
 
 Within 16 years. — All actions on instruments under seal. 
 
 Within 6 years. — All actions for trespass, detinue, trover, replevin ; foi 
 taking goods and chattels ; actions of debt founded on contract ; for arrearages 
 of rent ; on parole, demise, and of account. 
 
 Within 3 years. — All actions on open account. 
 
 Within 2 years. — All actions for trespass, assault, menace, battery, wound- 
 ing, and imprisonment. 
 
 Within 1 year. — All actions for libel and slander. 
 
 All actions for forcible entry and detainer are barred by 3 years' adverse pos- 
 session. 
 
 Writs of error to the Supreme Court of the State are limited to 3 years. 
 
 Wills may be contested by bill in chancery within 5 years from the time of 
 probate. 
 
 The time of absence from the State is not computed. 
 
 Minors, married women, lunatics, and prisoners, have the same periods re- 
 spectively after the removal of their disability. 
 
 INTEREST LAWS. 
 Rate of legal interest is 8 per cent. The principal only can be recovered 
 in usurious contracts. 
 
 TERRITORY OF ARIZONA. 
 
 PROPERTY EXEMPT FROM LEVY AND SALE UNDER EXECUTION, 
 
 OR UPON ANY OTHER FINAL PROCESS OP COURT. 
 
 Vide Howell Code, 1864. 
 
 Personal Property. — All spinning-wheels, weaving-looms, with the apparatus, 
 
 and stoves put up and kept for use in any dwelling-house; a seat, pew, or slip 
 
 occupied by such person or family in any house or place of public worship; all 
 
ETO. — ARIZONA. 
 
 287 
 
 Cemeteries, tombs, and ristta of burial, while in use as repositories of the dead ; 
 all arms and accoutrements kept for use ; all wearing apparel of every person 
 or family ; the library and school books of every individual and family, not 
 exceeding $150 and all family pictures ; to each householder 10 goats or sheep, 
 with their fleeces, and the yarn or cloth manufactured from the same ; 2 cows, 
 5 swine, and provisions and fuel for the comfortable subsistence of such house- 
 holder and family for 6 months; to each householder, all household goods, 
 furniture, and utensils, not exceeding in value $600; the tools, implements, 
 materials, stock, apparatus, team, vehicle, horses, harness, or other things to 
 enable any person to carry on the profession, trade, occupation, or business in 
 which he is wholly or principally engaged, not exceeding in value $600 ; 1 
 sewing-machine and 1 musical instrument; a sufficient quantity of hay, grain, 
 feed, and roots for properly keeping for 3 months the animals in the several 
 subdivisions of this section exempted from execution ; and any chattel-mort- 
 gage, bill of sale, or other lien created on any part of the property above 
 described, except such as is mentioned in the 8th subdivision of this section, 
 shall be void, unless such mortgage, bill of sale, or lien, be signed by the wife of 
 the party making such mortgage or lien (if he have one.) 
 
 When a levy shall be made upon property of any class or species which is 
 exempt by law from execution to a specified amount or value, the officer levying 
 such execution may make an inventory of the whole of such property belong- 
 ing to the person against whom the execution shall be issued, and cause the- 
 same to be appraised at its cash value, by two disinterested freeholders of the 
 county where the property may be, on oath, to be administered by him to such 
 appraisers. 
 
 Upon such inventory and appraisal being completed, the defendant in exe- 
 cution, or his authorized agent, may select from such inventory an amount 
 of such property not exceeding, according to such appraisal, the amount oi 
 value exempted by law from execution ; but if neither such defendant nor his 
 agent shall appear and make such selection, the officer shall make the same for 
 him. 
 
 The appraisers above-mentioned'shall be entitled to 50 cents each for their 
 services, and 6 cents per mile for traveling, in going only, for which the plaintiff 
 in the execution shall be liable to them, and the amount of their travel and 
 fees shall be collected upon the execution. 
 
 Whenever the defendant in an execution shall have cows, sheep, swine, or 
 other animals or articles, some of which are exempt by law from sale on exe- 
 cution, and some of which are not so exempt, the officer may take all of such 
 horses, cows, sheep, swine, or other animals or articles into his possession, and 
 the defendant or his authorized agent may, immediately, on being notified of 
 the levy, select so many thereof as are exempt by law from execution ; but if 
 the defendant be absent, or neglect to make such selection on being notified, the 
 officer shall make the selection for him. 
 
 All moneys paid to any defendant in an execution, or other final process of a 
 court, under the provisions of section 5 of this chapter, shall be exempt from 
 any execution, order, decree, or other process issued from any court. 
 
 Every conveyance, charge, instrument, or proceeding, declared to be void by 
 the provisions of the law, as against creditors or purchasers, shall be equally 
 
288 
 
 APPENDIX. 
 
 void as against the heirs, suooeasors, personal representatives, or assigns of 
 creditors or purchasers. 
 
 The question of fraudulent intent, in all cases arising under the provisions of 
 the law, shall be deemed a question of fact, and not of law ; nor shall any con- 
 veyance or charge be adjudged fraudulent as against creditors or purchasers, 
 solely on the ground that it was not founded on a valuable consideration. 
 
 The provisions of the statute are not to be construed in any manner to affect 
 or impair the title of a purchaser for a valuable consideration, unless it shall 
 appear that such purchaser had previous notice of the fraudulent intent of his 
 immediate grantor, or of the fraud rendering void the title of such grantor. 
 
 The term "lands," as used herein, is to be construed as coextensive in mean- 
 ing.with lauds, tenements, and hereditaments, and the terms " estate and in- 
 terest in lands" is to be construed to embrace every estate and interest, present 
 and future, vested and contingent, in lands, as above defined. 
 
 The term " conveyance," as used herein, is to be construed to embrace every 
 instrument in writing, except a last will and testament, whatever may be its 
 form and by whatever name it may be known in law, by which any estate or 
 interest in the lands is created, aliened, assigned, or surrendered. 
 
 Heal Estate. — The homestead, consisting of a quantity of land, together with 
 the dwelling-house thereon, and its appurtenances, not exceeding in value the 
 sum of $5,000, to be selected by the owner thereof, shall not be subject to forced 
 sale on execution, or on any other final process from a court, for any debt or 
 liability contracted or incurred after 30 days from the passage of this act, or if 
 contracted or incurred at any time in any other place than in this Territory. 
 
 Such exemption shall not extend to any mechanic's, laborer's, or vendor's 
 lien, or to any mortgage lawfully obtained ; but no mortgage, sale, or aliena- 
 tion of any kind whatever of such land by the owner thereof, if a married 
 man, shall be valid without the signature of the wife to the same, acknowledged 
 by her separately and apart from her husband : Provided, that such signature 
 and acknowledgment shall not be nicessary to the validity of any mortgage 
 upon the land executed before it became the homestead of the debtor, or exe- 
 cuted to secure the payment of the purchase money. 
 
 Whenever any levy shall be made, upon the land or tenements of a house- 
 holder, whose homestead has not been selected and set apart, such householder 
 may notify the officer, at the time of making such levy, of what he regards as 
 his homestead, with a description thereof, and thsj remainder alone shall be 
 subject to sale under such levy. 
 
 If the plaintiff in execution shall be dissatisfied with the lands and tene- 
 ments selected and set apart as aforesaid, the matter shall be submitted to two 
 appraisers, one to be selected by the plaintiff and the other by the defendant, 
 who shall determine whether such land and tenements exceed in value the sum 
 of $5,000. If the appraisers so chosen cannot agree, they shall appoint a third 
 person to decide between them. If they cannot agree in the choice of a third 
 person, he shall be named by the officer. 
 
 If the land selected as a homestead consists of a lot containing 2,500 
 square yards or less, and the appraisers shall certify to the officer that such 
 lot, together with the improvements thereon, exceeds in value the sum of 
 $5,000, the said officer may proceed to sell such excess, or the whole, at the 
 option of the defendant in execution, in the manner provided in other cases for- 
 
EXEMPTION, LIEN LAWS, ETC. — ARIZONA. -89 
 
 the sale of real property under execution. In case the excess only is sold, then 
 such proceeds shall be applied to the satisfaction of the execution ; and in case 
 the whole amount of property is sold, $5,000 of the proceeds of such sale shall 
 be paid to the defendant in execution, and the exfiess shall be applied to the 
 satisfaction of the execution : Provided, that no bid shall be received for a less 
 sum than $5,000. 
 
 In any case where the land selected and claimed as a homestead shall exceed 
 in extent 2,500 square yards, if the appraisers be of opinion that such 
 land, together with the dwelling-house and its appurtenances, exceed in 
 value the sum of $5,000, they shall set apart a portion thereof, in a compact 
 form, including the dwelling-house if possible, as the homestead. Such home- 
 stead shall be, as near as may be, of the value of $5,000, and the appraisers 
 shall cause the same to be surveyed. The expenses of such survey shall be 
 -chargeable on the execution, and collected thereon. 
 
 After the survey shall have been made, the officer making the levy may sell 
 the property levied upon and not included in the survey, as in cases of other 
 sales of real estate under execution ; and in giving a deed for the same he may 
 describe it according to his original leyy, excepting therefrom, by metes and 
 bounds, according to the certificate of survey, the quantity set apart as afore- 
 said in this chapter. 
 
 Before proceeding to act, the appraisers mentioned in this act shall be sworn 
 by the officer to do justice between the parties. Their decision shall be 
 delivered to the officer, shall be returned by him with the execution, and shall 
 be conclusive between the parties, and for the protection of the officer against 
 all liability. If the value of the real estate or personal property, as the case 
 may be, does not exceed the amount made exempt by this chapter, the cost of 
 the proceedings shall be paid by the plaintiff in execution ; otherwise by the 
 defendant. 
 
 The homestead and other property exempt from forced sale, upon the death 
 of the head of the family, shall be set apart by the probate court for the benefit 
 of the surviving wife and his own legitimate children, and in case no surviving 
 wife or his own legitimate children, fdr the next heirs-at-law : Provided, that 
 the exemption of a homestead as provided in this chapter shall not extend to 
 unmarried persons, except when they have charge of minor brothers or sisters, 
 or both, or brothers' or sisters' minor children, or a mother, or unmarried sisters 
 living in the house with them. 
 
 Nothing in the law shall be so construed as exempting any real or personal 
 property from sales for taxes. 
 
 LIMITATION LAWS. 
 
 Civil actions can only be commenced within the periods prescribed in this act, 
 after the cause of action shall have accrued, except where a different limitation 
 is prescribed by statute. 
 
 When the cause of action has already accrued, the party entitled, and those 
 claiming under him, shall have, after the passage of this chapter, the whole 
 period herein prescribed in which to commence an action. i 
 
 No action for the recovery of real property, or for the recovery of the poa- 
 eession thereof, shall be maintained, unless it appear that the plaintiff, his an- 
 
 19 
 
290 
 
 APPENDIX. 
 
 cestor, predecessor, or grantor, was seized or possessed of the premises ir. qfles- 
 tion, within 5 years before the commencement of such action. 
 
 No cause of action, or defence to an action, founded upon the title to real 
 property, or to rents or services out of tbo same, shall be effectual, unless it 
 appear that the person prosecuting the action, or making the defence, or under 
 whose title the action is prosecuted or the defence is made, or the ancestor, 
 predecessor, or grantor of such person, was seized or possessed of the premises 
 In question, within 5 years before the commencement of the act in respect to 
 which such action is prosecuted or defence made. 
 
 Any peaceable entry upon real estate shall be deemed sufficient or valid as 
 a claim, unless an action be commenced by the plaintiff in ejectment within 1 
 year after making such entry, or within 5 years after the final confirmation by 
 the United States of any title derived from Spain or Mexico. 
 
 In every action for the recovery of real property, or the possession thereof, 
 the person establishing a legal title to the premises shall be presumed to have 
 been possessed thereof, within the time prescribed by law, and the occupation 
 of such premises by any other person shall be deemed to have been under and 
 in subordination to the legal title, unless it appear that such premises have 
 been held and possessed adversely to such legal title for 5 years before the com- 
 mencement of such action. 
 
 Whenever it shall appear that the occupant, or those under whom he claims, 
 entered into the possession of premises, under claim of title, exclusive of any 
 other right, founding such claim upon a written instrument as being a convey- 
 ance of the premises in question, or upon the decree or judgment of a com- 
 petent court, and that there has been a continued occupation and possession 
 of the premises included in such instrument, decree, or judgment, or of some 
 part of such premises, under sujh claim, for 5 years, the premises so included 
 shall be deemed to have been held adversely except that when the premised 
 included consist of a tract divided into lots, the possession of one lot shall not 
 be deemed a possession of any other lot of the same tract. 
 
 For the purpose of constituting an adverse possession by any person claim- 
 ing a title founded upon a written instrument, or a judgment or decree, land 
 shall he deemed to have been possessed and occupied in the following cases : 
 1st. Where it has been usually cultivated and improved. 2d. Where it has 
 heen protected by a substantial enclosure. 3d. Where (although not en- 
 dosed) it has been used for the supply of fuel, or of fencing timber for the pur- 
 poses of husbandry, or for the use of pasturage, or for the ordinary use of the 
 ■occupant, ith. When a known lot or single far'm has been partly improved^ 
 the portion of such farm or lot that may have been left not cleared, or not en- 
 closed according to the usual course and custom of the adjoining country, shall 
 be deemed to have been occupied for the same length of time as the part im- 
 proved and cultivated. 
 
 When it shall appear that there has been an actual continued occupation of 
 Jiremises, under a .claim of title, exclusive of any other right, but not founded 
 ■upon a written instrument, or a, judgment or decree, the premises so actually 
 occupied, and no other, shall be deemed to have been held adversely. 
 
 For the purpose of constituting am adverse possession by a person claiming 
 title not founded upon a written instrument, judgment, or decree, land shall 
 
EXEMPTION, LIEN LAWS, ETC. — ARIZONA. -291 
 
 be denmed to have been possessed and, occupied in the following cases only : 1. 
 where \t has been protected by a substantial enclosure; 2. where it has,been 
 usually cultivated or improved. 
 
 ■ Whenever the relation of landlord and tenant shall have existed between 
 any persons, the possession of the tenant shall be deemed the possession 
 of the landlord until the expiration of 5 years from the- termination of the 
 tenantcy, or where there has been no written lease, until the expiration of 5 
 years from the time of the last payment of rent, notwithstanding that such 
 teiia,nt may have acquired another title, or may have claimed to hold adversely 
 to his landlord. But such presumptions shall not be made after the periods 
 herein limited. 
 
 ■ The right of a person to the possession of any real property shall not be im- 
 paired or affected by a descent being cast in consequence of the death of a person 
 in possession of such property. 
 
 ' If a person entitled to commence any action for the recovery of real prop- 
 erty, or to make an entry or defence founded on the title to real property, or 
 lo rents or services out of the same, be, at the time such title shall first de- 
 scend or accrue, either: 1. Within the age of 21 years; or, 2. Insane; or, 
 
 3. Imprisoned on a criminal charge, or in execution upon conviction of a 
 criminal offence for a term less than for life ; or, 4. A married woman ; the 
 time during which such disability shall continue shall not be deemed any por- 
 tion of the time in this act limited for the commencement of such action, or 
 ihe making of such entry or defence, but such action may be commenced, oJ 
 fentry or defence made, within the period of 5 years after such disability shall 
 cease, or after the death of the person entitled, who shall die under such dis' 
 ability ; but such action shall not be commenced, or entry or defence made 
 after the period. 
 
 Actions, other than those for the recovery of real property, can only be com- 
 menced as follows: Within 5 years; An action upon a judgment or decree 
 of any court of the United States, or of any State or Territory within the 
 United States. Within 4 years: An action upon any contract, obligation, 
 or liability, founded upon an instrument of writing, except those mentioned 
 in the preceding section. Within 4 years: 1. An action upon a liability 
 created by statute other than a penalty or forfeiture ; 2. An action for trespass 
 upon real property ; 3. An action for taking, detaining, or inj uring any goods 
 or chattels, including actions for the specific recovery of personal property; 
 
 4. An action for relief on the ground of fraud, the cause of action in such case 
 not to be deemed to have accrued until the discovery, by the aggrieved party, 
 of the facts constituting the fraud. Within 2 years : 1. An action upon a 
 contract, obligation, or liability, not founded upon an instrument of writing, 
 except an action on an open account for goods, wares, and merchandise, and an 
 action for any article charged in a store account ; 2. An action against a sheriff. 
 Coroner, or constable, upon the liability incurred by the doing of an act in hia 
 official capacity, and in virtue of his nffice, or by the omission of an official 
 duty, including the non-payment of money collected upon an execution. But 
 this section shall not apply to an action for an escape. Within 1 year : 1. 
 An action upon a statute for a penalty or forfeiture, where the action is given 
 to an individual, or to an individual and the Territory, except where the statute 
 imposing it prescribes a different limitation; 2. An action for libel, slander, asJ- 
 
292 APPENDIX. 
 
 BauH, battery, or false imprisonment ; 3. An action upon a statute for a forfei- 
 ture or penalty to the people of this Territory ; 4. An action against a sheriff, 
 or other officer, for the escape of a prisoner arrested or imprisoned on civil pro- 
 cess ; 5. An action on an open account for goods, wares, and merchandise sold 
 and delivered ; 6. An action for any article charged in a store account. 
 
 In an action brought to recover a balance due upon a mutual, open, and 
 current account, where there have been reciprocal demands between the parties, 
 the cause of action shall be deemed to have accrued from the time of the last 
 item proved in the account on either side. 
 
 An action for relief, not hereinbefore provided for, must be commenced within 
 4 years after the cause of action shall have accrued. 
 
 The limitations prescribed in this chapter shall apply to actions brought in 
 the name of the Territory, or for the benefit of the Territory, in the same man- 
 ner as to actions by private parties. 
 
 An action shall be deemed to be commenced, within the meaning of this act, 
 when the complaint has beon filed in the proper court. 
 
 If, when the cause of action shall accrue against a person, he is out of the 
 Territory, the action may be commenced within the term herein limited after 
 his return to the Territory ; and if, after the cause of action shall have accrued, 
 he depart the Territory, the time of his absence shall not be part of the time 
 limited for the commencement of the action. 
 
 If a person, entitled to bring an action mentioned in the last preceding 
 chapter, except for a penalty or forfeiture, or against a sheriff or other officer 
 for an escape, be at the time the cause of action accrued, either — 1. Within 
 the age of 21 years ; or, 2. Insane ; or, 3. Imprisoned on a criminal charge, or 
 in execution under the sentence of a criminal court for a term less than his 
 natural life ; or, 4. A married woman, the time of such disability shall not be a 
 part of the time limited for the commencement of the action. 
 
 If a person entitled to bring an action die before the expiration of the time 
 limited for the commencement thereof, and the cause of action survive, an 
 action may be commenced by his representatives after the expiration of that 
 time, and within 6 months from his death. If a person against whom an 
 action may be brought die before the expiration of the time limited for the 
 commencement thereof, and the cause of action survives, an action may be 
 commenced against his executors or administrators after the expiration of that 
 time, and within one year after the issuing of letters testamentary or of admin- 
 istration. 
 
 When a person shall be an alien subject or citizen of a country at war with 
 the United States, the time of the continuance of the war shall not be a part ol 
 the period limited for the commencement of the action. 
 
 If an action shall be commenced within the time prescribed therefor, and a 
 judgment therein for plaintiff be reversed on appeal, the plaintiff, or — if he die, 
 and the cause of action survive — his heirs or representatives, may commence a 
 new action within 1 year after reversal. 
 
 When the commencement of an action shall be stayed by injunction or stat- 
 utory prohibition, the time of the continuance of the injunction or prohibition 
 shall not be part of the time limited for the commencement of the action. 
 
 No person shall avail himself of a disability, unless it existed when his right 
 of action accrued. ' 
 
EXEMPTION, LIEN LAWS, ETC. — ARKANSAS. 293 
 
 When two or more disabilities co-exist at the time the right of action accrues, 
 the limitation shall not attach until they all be removed. 
 
 The preceding sections of this chapter shall not affect actions against directors 
 or stockholders of a corporation to recover a penalty or forfeiture imposed, or 
 to enforce a liability created by law ; but such actions must be brought within 3 
 years after the discovery by the aggrieved party of the facts upon which the 
 penalty or forfeiture attached, or the liability was created. 
 
 No acknowledgment or promise shall be sufficient evidence of a new or con- 
 tinuing contract, whereby to take the case out of the operation of this statute, 
 unless the same be contained in some writing signed by the party to be charged 
 thereby. / 
 
 An action upon any contract, obligation, or liability for the payment of 
 money, founded upon an instrument of writing executed out of this Territory, 
 can only be commenced as follows: 1, within 1 year, when more than 2 and 
 less than 5 years have elapsed since the cause of action accrued ; 2, within 6 
 months, when more than 5 years have elapsed since the cause of action accrued. 
 
 When the cause of action has arisen in another State or a Territory of the 
 United States, or in a foreign country, and by the laws thereof an action thereon 
 cannot there be maintained against a person by reason of the lapse of time, no 
 action thereon shall be maintained against him in this Territory. 
 
 No action for the recovery of property in mining claims, or for the recovery 
 of possession thereof, shall be maintained unless it appear that the plaintiff, his 
 ancestor, predecessor, or grantor, was seized or possessed of the premises in 
 question within two years before the commencement of the action. 
 
 No cause of action or defence to an action, founded upon the title to property 
 in mining claims, or to the rents or profits of the same, shall be effectual unless 
 it appear that the person prosecuting the action ot making the defence, or under 
 whose title the action is prosecuted or the defence is made, or the ancestor, pre- 
 decessor, or grantor of such person, was seized or possessed of the premises in 
 question within two years before the commencement of the Act in respect to 
 which such action is prosecuted or defence made. 
 
 INTEREST LAWS. 
 The legal rate of interest in the Territory of Arizona, is ten per cent, on all 
 moneys after they become due on any bond, bill, or promissory note, or other 
 instrument in writing, or any judgment obtained in the Territory. Parties 
 may agree in writing for a higher, or any rate whatever. 
 
 STATE OP ARKANSAS. 
 
 EXEMPTION LAWS. 
 Personal Property. — 1 horse, mule, or yoke of oxen ; 1 cow and calf; 1 plough, 
 1 axe, 1 hoe, and 1 set of plow-gears ; spinning-wheels and cards ; 1 loom and 
 apparatus necessary for manufacturing cloth in a private family ; spun yarn, 
 thread, and cloth manufactured for family use ; hemp, flax, cotton, and wool, 
 not exceeding 25 pounds ; all wearing apparel of the family ; 2 beds, with 
 bedding ; also, any other household and kitchen furniture necessary for the 
 
294 APPENDIX. 
 
 family, agreeably to an inventory of it, to be returned on oath by the officei 
 with the execution. There is also exempt the necessary tools and implements 
 of a mechanic carrying on his trade ; all military equipments required by law ; 
 and such provisions as are on hand for family use. 
 
 Real Estate. — For all debts contracted since December 8, 1852, 160 acres of 
 land, or 1 city or town lot, without reference to value, with all improvements. 
 
 LIEN LAWS. 
 Any person laboring, or furnishing labor or materials for constructing, alter- 
 ing, or repairing any building, to the amount of $100, has a lien therefor on 
 the same. To legalize the lien, the lien-holder must file with the clerk of the 
 circuit court of the county where the property is situated, a correct, verified 
 account of his claim, within 3 months after the labor performed and the 
 materials furnished. The lien extends to the building and the land connected 
 therewith, provided such land does not exceed 2 acres. The lien will continue 
 in force only 1 year after the completion of the building, unless an action be 
 instituted to enforce it. 
 
 COLLECTION LAWS. 
 
 There is no imprisonment for debt. No debtor can be arrested, except on 
 afBda^vit by plaintiff, supported by the affidavit of some disinterested and cred- 
 ible person, to the effect that fraud has been committed, and a statement of 
 facts justifying such allegation. An attachment may issue against the property 
 of a debtor, provided plaintiff shall, at the time of filing the declaration, 
 likewise file an affidavit to the effect that the defendant is justly indebted to 
 ■plaintiff in a sum exceeding |100, and stating the amount, and also that the 
 defendant is not a resident of this State, or that he is about to remove out of 
 the State, or that he is about to remove his goods and effects out of the State, 
 or that he secretes himself and that process cannot be served on him. A bond 
 in double the amount claimed must be given, conditioned for the p.^iyment of 
 .such damages as may be awarded against plaintiff. When the amount claimed 
 is $100 or less, a justice of the peace may issue an attachment. 
 
 LIMITATION LAWS. 
 
 Actions which must be commenced within 10 years after the cause of action 
 accrued. — All actions of account between merchants concerning merchandise ; 
 actions on sealed instruments; judgments and decrees. 
 
 Within 5 years. — ^All actions on promissory notes and other instruments in 
 writing, not under seal. 
 
 Within 3 years. — All actions of account between retail merchants and con- 
 sumers ; all actions on debts for labor, rent, trespass, and replevin. 
 
 Within 1 year. — All actions for libel and slander. 
 
 Non-residents are subject to the limitations equally with residents. When 
 a debtor has absconded from another State into Arkansas, without the know- 
 ledge of his creditor, the latter may sue within the time limited, after he is ap- 
 prised of such residence of the absconding debtor. 
 
 Minora, married women, lunatics, and prisoners have the same periods, re- 
 epeotivoly, after their disability. 
 
 All acknowledgments to take a case out of the statute of limitations, or to 
 bind a person for a debt contracted during his minority, must be in the hand- 
 writing of such person. 
 
EXEMPTION, LIEN LAWS, ETC. — CALIFOENIA. 295 
 
 INTEREST LAWS. 
 
 Eate of legal interest is 6 per cent. Parties may specially contract to pay 
 and receive 10 per cent. Usurious rates render the contract void. 
 
 STATE OF CALIFORNIA. 
 
 EXEMPTION LAWS. 
 
 Personal Property. — Sewing-machine, worth not over $100; chairs, tables, 
 desks, and books, to the extent of $100 ; necessary household table and kitchen 
 furniture, including stoves, stove pipes, and stove furniture ; wearing apparel, 
 beds, bedding, and bedsteads, and one month's provisions ; 2 oxen or horses or 
 mules, and their harness ; 1 carfor wagon, and food for such horses, mules, or 
 oxen for 1 month ; seed, grain, and vegetables for planting or sowing within 
 six months, not to exceed $200's worth ; tools of a mechanic or artisan neces- 
 sary to his trade ; instruments and chest of a surgeon, physician, surveyor, or 
 dentist, necessary to their profession and their scientific or professional library ; 
 lawyers' and ministers' libraries ; 2 oxen, horses, or mules, and harness and 
 . cart of a, cartman, huckster, peddler, teamster, or other laborer, by which he 
 habitually earns his living ; 1 horse and harness or other equipments used by 
 a physician or minister, in professional visits, with food for same. The cabin 
 or dwelling of a miner not over $500 in value, also a miner's sluices, pipes, 
 hose, windlass, derrick, pumps, tools, instruments, and appliances for mining, 
 not over $500 in value ; also 2 horses, oxen, or mules, and harness, and 1 
 month's food for them, when they are necessary to work any of the above 
 machinery ; all fire apparatus of companies organized under laws of the State ; 
 all arms and equipments required by law to be kept ; all public buildings and 
 grounds and offices and their appurtenances, books, and papers ; the earnings 
 of a debtor for his personal services for the last 30 days, when necessary for 
 support of a family in the State, are exempt. 
 
 Real Estate. — A lot of land, with dwelling-house and appurtenances, not 
 exceeding $5,000 in value, to be selected by the owner, is exempt^ from execu- 
 tion for any debt contracted after July 1, 1851, or at any time out of the State. 
 This exemption does not extend to mechanics' or vendors' lien, or any lawfully 
 obtained mortgage, or to liability for taxes ; 7 or more persons may form 
 a homestead association, and the shares, deposits, or assessments of any person 
 therein, to the par value of $1,000, are exempt. 
 
 If the plaintiff require it, appraisers may be appointed to value the homestead. 
 If the lot is 2,500 square yards or less, and with improvements is valued at 
 more than $5,000, either the excess or the whole may be sold ; in the latter case 
 no bid can be received for less than $5,000, and the amount exempt must be 
 paid to the defendant. If the lot exceed 2,500 square yards and $5,000 in 
 value, the appraisers must set off land, including the dwelling-house, to the 
 value of $5,000. The defendant may also designate such personal property as 
 is exempt by law. Upon the death of the head of the family, the same benefits 
 accrue to his wife and children. ' 
 
296 APPENDIX. 
 
 LIEN LAWS. 
 
 Any person performing or farniehing labor or materials for constructing 
 altering, or repairing any wharf or building, shall have a lien therefor upon th? 
 same. Sub-oontraotors, mechanics, and laborers must notify the owner or 
 owners in writing of the particulars of their claims, and that they hold said 
 owner or owners liable for the same ; and the owner or owners are made re- 
 sponsible for such claims : Provided, Said owner or owners are indebted to thf 
 employer to the stated amount ; if not, then to the amount to which said owner 
 o^ owners shall be indebted to the employer at the time of service of notice. 
 When notice shall have been served, the sub-contractor, mechanic, or laborer 
 shall present to his employer a copy of the same for his endorsement. If the 
 employer endorse the notice, then the owner shall pay the same, if the latter 
 stand indebted to him to that amount ; if not, then to the amount due to said 
 employer at the time notice was served. If the owner fail to pay, the sub-con- 
 tractor, mechanic, or laborer may, within 30 days after service of notice, com- 
 mence suit to enforce his lien. Should the employer refuse to endorse the 
 claim, the sub-contractor, mechanic, or laborer shall lose his lien, unless he shall, 
 within 30 days after service of notice, commence an action against the employer 
 to establish his claim. If he obtain judgment against his employer, he shall 
 lose his lien for the amount thereof, unless, within 30 days thereafter, he shall 
 commence an action against the owner for the amount of the judgment, if such 
 amount be then due, from the owner or owners to the employer ; if not, then 
 he shall file notice of said claim and judgment in the office of the Register of 
 the county in which the property is situated, and shall commence his action 
 against the owner within 30 days after the claim is due from the owner to the 
 employer. The owner or owners may set off the amount of the judgment in 
 any action brought against said owner by the contractor or other person other- 
 wise entitled to recover the same under the contract. The land designated at 
 time of contract, for the use of the building, shall also be subject to the lien. 
 
 Any mechanic who shall make, alter, or repair any article of personal prop- 
 erty, at the request of the owner or owners thereof, shall have a lien therefor 
 upon the same, and may retain possession of the same till the price agreed 
 upon for making, altering, or repairing such article shall be paid ; and if not 
 paid within 2 months he may sell the same at public auction, after giving 
 3 weeks' notice by advertisement in some newspaper published in the county ; 
 if there be no newspaper, then by posting up notices of such sale in three 
 of the most public places in the town where the article was made, altered, oi 
 or repaired. The proceeds of such sale shall go, first, to the discharge of such 
 lien, and the costs of keeping the same ; and secondly, the remainder, if any, 
 shall be paid over to the owner thereof. 
 
 To secure a lien for any amount over $200, there must be a contract or mem- 
 orandum in writing, signed by the party sought to be charged. If by the con- 
 tract between owner and principal, mechanic or contractor, payments are to be 
 made in instalments, or at specified times, or when all the work is done, the 
 party seeking to secure his lien must notify the owner of his claim before the 
 time when such payment would be due. 
 
 COLLECTION LAWS. • 
 No woman can be arrested in any civil action. A debtor may be arrested 
 
EXEMPTION, LIEN LAWS, ETC. — CALIFORNIA. 
 
 297 
 
 when fraud has been employed in incurring the debt ; or when he has con- 
 otealed,- removed, or disposed of his, property, or is about to do so, with intent 
 to defraud his creditors. Before attachment can issue, the plaintiff or his agent 
 inust prove the facts set forth in his affidavit ; he must also execute a guarantee, 
 with two or more sureties, to pay defendant all costs and damages that may be 
 Sustained in consequence of the arrest, to the amount of at least $200. The 
 officer serving the writ must notify the plaintiff when the arrest is made. 
 Defendant may demand an immediate trial, and it must be had within 3 
 hours, (unless the trial of another action is pending ;) otherwise defendant is 
 •disotiarged. If the plaintiff obtain judgment in this trial, he may obtain 
 another arrest on the same ground as the first. Defendant may be discharged 
 . on giving an undertaking, with 2 approved sureties, binding themselves in 
 ithe amount named in the order of arrest, that said defendant will render him- 
 self amenable to the process of the court. Attachment may issue against the 
 property, real or personal, of a debtor for an obligation founded on contract for 
 payment of money in the State, whether the contract was made thereiu or not. 
 In cases of attachment it does not matter whether plaintiff or defendant is a 
 citizen or an alien, so long as the demand grows out of a California contract. 
 Vhen a sale on execution takes place, the personal estate must bo first disposed 
 of; then the real property, or so much of it as is necessary to satisfy the 
 demand. The debtor may at any time, within 6 months after sale, redeem all 
 real estate, except household property, of unexpired terms of less than 2 
 years, by paying the amount for which it was sold, with 18 per cent, interest 
 thereon. The purchaser is entitled to receive rent from any person who may 
 be in possession, except the debtor. 
 
 LIMITATION LAWS. 
 
 Actions which must le commenced within 5 years after cause of action has 
 accrued. — All actions for the recovery of real estate; and all actions on judg- 
 ments or decrees of courts in the State, or in any of the United States or Ter- 
 ritories. 
 
 Within 4 years. — All actions founded on contracts, obligations, or liabilities 
 in writing. Actions on open account for goods. 
 
 Within 3 years. — All actions founded on liabilities, other than penalties or 
 forfeitures ; for trespass on real estate ; for taking, detaining, or injuring goods 
 or chattels ; for recovery of personal property ; for relief on the ground of 
 fraud, the cause of action accruing upon the discovery of the fraud. 
 
 Within 2 years. — All actions on contracts, obligations, or liabilities, not 
 founded on instruments in writing. 
 
 Within 1 year. — All actions founded on penalties or forfeitures : for libel, 
 slander, assault, battery, or false imprisonment; and for accounts current be- 
 tween retail merchants and consumers. 
 
 In all cases of account current the cause of action accrues from the time of 
 the last item proved. 
 
 Minors, married women, lunatics, and prisoners are entitled to the same pe- 
 riods, respectively, after removal of their disability. 
 
 No promise or acknowledgment shall be sufficient evidence of a new or con- 
 tinuing contract, whereby to take the case out of the statute, unless the same 
 . be in writing, and signed by the party to be charged. 
 
298 , AVPENDIX. 
 
 INTEREST LAWS. 
 The rate-of legal interest ia 10 per cent.: hut parties may, by special agree- 
 ment, receive a higher rate. 
 
 TEKRITORY OF COLORAI>0. 
 
 EXEMPTION LAWS. 
 Personal Property. — Family pictures, school-books, andlibrary ; seat or pew 
 in any place of public worship ; the sites of burial of the dead ; wearing ap- 
 parel of debtor and family ; stoves and appendages kept for use of the debtor 
 and his family ; all cooking utensils, and all the household furniture not herein 
 enumerated, not exceeding $300 in value ; the provisions for the debtor and his 
 family necessary for 6 months, either provided or growing, or both ; and fuel 
 necessary for 6 months. The toob and implements or stock in trade of any 
 mechanic, minor, or other person, used and kept for the purpose of carrying on 
 his trade or business, not exceeding $200 in value. The library and instru- 
 ments of any professional man, not exceeding $300. Working animals to the 
 value of $200. 1 cow and calf, 10 sheep, and the necessary food for all the 
 animals herein mentioned for 6 months, provided or growing, or both ; also 1 
 farm wagon, cart, or dray, 1 plough, 1 harrow, and other farming implements, 
 including harness and tackle for team, not exceeding $50 in value : Provided, 
 That nothing in this act shall be so construed as to exempt any property of any 
 debtor from sale for the payment of any taxes whatever, legally assessed, and 
 no article of property above mentioned shall be exempt from attachment or 
 sale on execution for the purchase money for said property. 
 
 LIEN LAWS. 
 
 Any person who has a cause of action to the amount of $10 and upwards, 
 for labor performed upon any lands, tenements, or hereditaments, or for ma- 
 terials furnished for improvements upon any lands or buildings, may, at any 
 time within 1 year next after such cause of action shall have accrued, file his 
 complaint as in other cases, and serve notice upon the defendant ; and such 
 complaint shall, in addition to the facts necessary to constitute a cause of action, 
 contain an accurate description of the location of the lands and buildings upon 
 which the labor was performed, or for the improvement of which the materials 
 were furnished; and shall also allege that the defendant therein named is the 
 owner of, or has some interest in, such lands or buildings, and that such labor 
 was performed, or materials furnished, pursuant to a contract, expressed or im- 
 plied, between the plaintiff and defendant, or agent. The complaint shall, as 
 soon as filed in the office of the clerk of the district court of the proper county, 
 be a lien on the property therein described, in favor of plaintiff, to the extent 
 of defendant's title or interest therein. 
 
 When the complaint does not allege that the labor was performed or the ma- 
 terials furnished pursuant to an agreement with the defendant, but shall all«ge 
 that the labor was performed or the materials furnished pursuant to an agree- 
 ment with some contractor therein named, which contractor was employed by 
 the defendant or his agent, and that the plaintiff was employed by said con- 
 
EXEMPTION, LIEN LAWS, ETC. — COLOEADO. 299 
 
 traotoT, and had served notice in writing upon defendant or his agent, to the 
 effect that he, plaintiff, was or had been employed by paid contractor to perform 
 .labor thereon, or to furnish materials for the improvement of such lands and 
 buildings, and relied upon him, the defendant, or upon such lands and build- 
 ings, for his compensation ; then the filing of such complaint shall be a lien in 
 favor of plaintiff, the same as provided in the foregoing section, to the amount 
 that the defendant was indebted to said contractor when notice was served upon 
 ,him or his agent, and to the amount in which the defendant became indebted 
 to said contractor after service of said notice, and before the expiration of plain- 
 tiff 's lien. 
 
 Plaintiff may, at any time after filing nis' complaint as above provided, serve 
 notice on defendant, and proceed to judgment as in other actions ; but the lien 
 hereby created shalj cease to exist 1 year from the time the labor was performed 
 or the niaterials furnished, unless notice be served within that time. 
 
 COLLECTION LAWS. 
 There is no imprisonment for debt in the Territory. If any creditor, his 
 agent, or attorney, shall file an affidavit in the office of the clerk of the Dis- 
 trict Court of any county in the Territory, setting forth that any person is in- 
 debted to such creditor in an amount exceeding $20, stating the nature and 
 amount of such indebtedness, as near as may be, and that such debtor has de- 
 parted, or is about to depart, from the Territory, with the intention of having 
 his effects removed from the same, or is about to remove his property, to the 
 injury of such creditor, or that such debtor conceals himself or stands in defiance 
 of any officer so that process cannot be served on him, or is a non-resident, or 
 that he is converting, or is about to convert, his property into money, or other- 
 wise dispose of the same with the intent of placing it out of the reach of such 
 creditor, it shall be lawful for such clerk to issue a writ of attachment, return- 
 able like other writs, directed to the sheriff of the county, commanding him to 
 attach lands, tenements, goods, chattels, rights, credits, moneys, and effects of 
 said debtor of every kind, or so much thereof as will be sufficient to satisfy the 
 claim sworn to, with interest and costs of suit, in whose hands or possession the 
 same may be found ; and it shall be lawful for the clerk to issue, and the sheriff 
 or other officer to serve, an attachment against such debtor on Sunday, or on 
 any other day, as directed in the act. 
 
 LIMITATION LAWS. 
 
 Actions which must Zfe commenced vrithin 7 years, next after the cause of action 
 shall accrue, and not afterwards : All actions of debt founded on contract or 
 liability in action ; all actions on judgments rendered in any court not a court 
 of record ; all actions for arrears of rent ; all actions on any contract or liability 
 express or implied ; all actions for waste and for trespass on land ; all actions of 
 replevin, and all actions for taking, detaining, or injuring goods or chattels ; all 
 actions on the case, except actions for slanderous words and libels. 
 
 Within 1 year. — All actions for assault and battery, for false imprisonment 
 for slander, and for libels. 
 
 Within 6 months. — All actions against sheriffs, or other officers, for escape of 
 persons imprisoned on civil process. 
 
 In all actions of debt or assumpsit, brought to recover balance due on a mu- 
 
300 
 
 APPENDIX. 
 
 tual and open aoeonnt current, the cause of action shall be deemed to have 
 accrued at the time of the last item proved in such account. 
 
 All personal actions on any contract not limited by the foregoing sections, or 
 ■by any other law in the Territory, shall be brought within 3 years after the 
 accruing of the cause of action, and not afterwards. 
 
 BATE OF INTEEEST. 
 The rate of legal interest in Colorado is 10 per cent. ; but aa increased rate 
 •may be agreed upon by and between contracting parties. 
 
 STATE OP CONNECTICTTT. 
 
 EXEMPTION LAWS. 
 All wearing apparel, bedding, and necessary household furniture ; arms and 
 ■military equipments ; implements of the debtor's trade ; 1 cow, 10 sheep, 2 
 •swine and the pork produced from 2 swine, or 2 swine and 200 pounds of 
 pork ; 25 bushels charcoal ; other coals, 2 tons ; wheat flour, 200 lbs. ; wood, 2 
 cords ; hay, 2 tons ; beef, 200 lbs. ; fish, 200 lbs. ; potatoes and turnips, 5 
 bushels each ; Indian corn or rye, 10 bushels each,, and the meal or flour manu- 
 factured therefrom ; wool or flax, 20 lbs. each, or the yarn or cloth made there- 
 from ; 1 stove and pipe, the property of a man with a family ; the horse, 
 saddle, and bridle, to the value of $100, of any practising physician or surgeon ; 
 1 sewing-machine ; any part of a burying-ground designated as the burial- 
 place of any particular person or family ; and 1 pew ordinarily occupied by 
 the debtor's family ; pay and bounty, whether public or private, of soldiers in 
 the service of the State or United States. 
 
 LIEN LAWS. 
 
 Any person furnishing labor or materials for the construction of any build- 
 ing, alterations, or repairs, exceeding the sum of $200, shall have a lien on such 
 •building, and on the land on v/hich it is situated, and such lien shall take pre- 
 cedence of all subsequent liens, and the premises so held shall be liable to fore- 
 closure by such person, as if held by a mortgage. Such lien may remain for 
 60 days, when it shall cease, unless the person holding it shall previously have 
 filed with the town clerk a certificate of the amount of his claim, the date of 
 ■the commencement of the same, and an intelligible description of the premises 
 against w*iich it is held. This certificate shall be recorded by the town clerk 
 with deeds of land. This lien is good against all subsequent claims by other 
 parties. 
 
 COLLECTION LAWS. 
 
 No arrest for debt in this State, unless debtor made false representations in 
 contracting the debt ; or that he conceals effects not exempt from attachment to 
 prevent their being seized by legal process ; or refuses to pay creditors holding 
 judgment against him, when he is possessed of sufficient means to do so ; or 
 refuses todisclose his rights of action ; or in an action on a promise to marry; 
 or for misconduct or neglect in office ; or in a professional employment; or aa 
 trustee or in a fiduciary capacity. 
 
EXEMPTION, LIEN LAWS, ETC. — DAKOTA. .301 
 
 LIMITATION LAWS. 
 
 Actions which must he commenced within 17 years after the cause of action 
 accrued. — All actions on bonds, -written obligations, contracts under seal, and 
 non-negotiable promissory notes. 
 
 Wit?dn 15 years. — All actions of entry on lands. Those legally incapable at 
 the time such right of action accrued may bring the same at any time \Yithin 4 
 years after becoming capable. 
 
 Within 6 years. — All actions of account, debt on book account, on simple 
 contract, and on implied contracts not under seal. Those not capable pay 
 bring them within 3 years after becoming capable. 
 
 Within 3 years. — All actions for slander, libel, trespass, and express contracts 
 not in writing. 
 
 The time when the defendant is out of the State is excluded from the com- 
 putation. 
 
 INTEREST LAWS. 
 
 The rate of legal interest is 6 per cent. ; and when usurious rates are de- 
 manded all interest is forfeited, one-half to the party presenting, and the other 
 half to the Commonwealth. 
 
 TERRITORY OF DAKOTA. 
 
 EXEMPTION LAWS. 
 
 Personal Property. — Family pictures ; miscellaneous books and musical in- 
 struments for use of family, not exceeding $500 in value ; seat or pew in any 
 house of worship ; lot or lots in any burial-ground ; all wearing apparel suit- 
 able to the condition of the debtor and his family ; all household furniture used 
 by the debtor and his family, not exceeding $500 in value, and in case the 
 debtor shall own more than $500 worth of furniture, he shall select such as 
 may be deemed most useful to himself and family, leaving the balance subject 
 to legal process ; 3 cows, 10 swine, 1 yoke of oxen, and 1 horse ; or 2 yoke 
 of oxen, or a span of Tiorsea or mules; 100 sheep and their lambs under 6 
 months old, and all the wool of the same, and all cloth or yarn manufactured 
 therefrom ; the necessary food for the animals hereinbefore mentioned, for 1 
 year's support, either provided or growing, or both, as the debtor may choose ; 
 also 1 wagon, also 1 sleigh, 2 ploughs, 1 harrow, and other farming utensils, 
 including tackle for teams, not exceeding $300 in value. The provisions for the 
 debtor and family necessary for 1 years' support, either provided or growing, 
 or both, and fuel necessary for 1 year ; the tools and instruments of any me- 
 chanic, whether a minor or of age, need and kept for the purpose of carrying 
 on his trade or business ; and, in addition thereto, stopk in trade not exceed- 
 ing $200 in value; the library and implements of any professional man, not 
 exceeding $600 in value, all of which articles hereinbefore exempt shall bo 
 chosen by the debtor, his agent, or legal representative ; and wherever the arti- 
 cles are limited in value, they shall be (appraised) at the usual price of such 
 articles at.sheri£Es' sale as near as can be. 
 
 Nothing in this act shall be so construed as to exempt any property in this 
 Territory from execution for clerks', laborers', or mechanics' wages. 
 
302 
 
 APPENDIX. 
 
 Real Estate. — A homestead, belonging to any man or woman resident in the 
 Territory, consisting of not more than 80 acres of land, and the dwelling-house 
 and other improvements and appurtenances situated thereon, convenient for a 
 homestead, to be selected by the owner thereof, and not included within any 
 incorporated city or village, or instead thereof, at the option of the owner, land 
 not exceeding in amount 1 acre, being within an incorporated city, town, or 
 village, and the dwelling-house thereon and appurtenances, shall not be subject 
 to attachment or mesne process, (or levy,) or sale upon execution, or any other 
 process issuing from any court within this Territory. The statute shall he con- 
 strued to exempt such homestead, in the manner aforesaid, during the time it 
 shall be owned or occupied by the widow or minor child or children of any 
 deueased person, who was, when living, entitled to the benefit of this act. 
 
 Such exemption shall not extend to any mortgage thereon, but such mortgage 
 of said homestead, or any part thereof, by the owner, if he be a married man, 
 shall not be valid unless the wife join in said conveyance. 
 
 LIEN LAWS. 
 Every boat or vessel used in navigating the waters of the Territory shall 
 be liable for debts contracted by the master, owner, agent, or consignee thereof, 
 on account of supplies furnished for the use of such vessel, on account of work 
 done or services rendered on board the same, or on account of labor done or 
 material furnished by mechanics, tradesmen, or others, in and for building, re- 
 pairing, fitting out, furnishing, or equipping such vessel ; for all sums due for 
 wharfage or anchorage of the same iu this Territory ; for all demands or damages 
 accruing from the non-performance of any contract or affreightment, of any 
 contract touching the transportation of persons or property, entered into by the 
 master, owner, agent, or consignee of the vessel, on which said contract is to 
 be performed, and for all injuries done to persons or property by such boat or 
 
 Any person having a demand as aforesaid, instead of proceeding for the 
 recovery thereof against the master, owner, agent, or consignee of a boat or 
 vessel, may, at his option, institute suit against the vessel by name. 
 
 Any plaintiff wishing to institute suit against a boat or vessel, shall file his 
 complaint against the same by name, with the clerk of the district court of tha 
 county in which the same shall be or lie ; and he shall set forth his demand in 
 all its particulars, by and on whose account the same accrued ; it shall be veri- 
 fied by plaintiff, or some credible person for him. 
 
 Whenever any complaint, as aforesaid, shall be filed in the office of the clerk 
 of the district court, it shall be his duty to issue a warrant, returnable in 20 
 days, directing and authorizing the sheriff to seize the vessel mentioned in the 
 complaint, and detain the same in custody, together with its tackle, apparel, and 
 furniture, until discharged from such custody by due course of law. 
 
 Buildings. — Any person who has a cause of action to the amount of $10 and 
 upwards for any labor performed on any lands, tensments, or hereditaments, or 
 for materials furnished for improvements upon any lands or buildings, may, at 
 any time within 90 days next after such cause of action shall have accrued, 
 file his complaint as in other cases, and serve notice on defendant ; and such 
 complaint shall, in addition to the facts necessary to constitute a cause of action, 
 contaia an accurate description of the location of the lands and buildings upoii 
 
EXEMPTION, LIEN LAWS, ETC. — DAKOTA. 303 
 
 which the labor was performed, or for the improvement of which the materiiils 
 were furnished ; and it shall also allege that ihe defendant therein named is the 
 owner of, or has some interest in, such lands or buildings, and that such labor 
 was performed, or such materials furnished, pursuant to an agreement, expressed 
 or implied, between plaintiff and defendant or agent; the complaint shall, as 
 soon as filed in the ofBce of the clerk of the District Court of the proper county, 
 be a lien on the property therein described, in favor of plaintiff, to the extent 
 of the defendant's title or interest therein. 
 
 When the complaint does not allege that the labor was performed or the ma- 
 terials furnished, pursuant to an agreement with the defendant, but shall allege 
 that the labor was performed or the materials furnished pursuant to an agree- 
 ment with some contractor therein named, which contractor was employed by 
 defendant or his agent, and that plaintiff was employed by said contractor, and 
 had served a notice in writing on defendant or his agent, to the effect, that he,' 
 the plaintiff, was, or had been, employed by said contractor to perform labor, 
 thereof, or to furnish materials for the improvement of such lands and build- 
 ings, and relied upou him, the defendant, or upon such lands and buildings for 
 his pay, then the filing of such complaint shall be a lien in favor of plaintiff, the, 
 same as provided in the -preceding section, to the amount that the defendant 
 was indebted to said contractor, when notice was served on him or his agent, 
 and to the amount in which the defendant became indebted to said contractor, 
 after service of said notice, and before the expiration of plaintiff's lien. 
 
 The plaintiff may, at any time after filing his complaint as above provided, 
 serve notice on defendant, and proceed to judgment as in other actions ; but 
 the lien hereby created shall cease to exist after 90 days from the time the labor 
 was performed, or the materials famished, unless notice be served within that 
 time. 
 
 COLLECTION LAWS. 
 
 Attachments may issue against a debtor when he is a non-resident of the 
 Territory, when he has absconded with the intent to defraud his creditors; 
 when he has left the county of his residence, to avoid service of a summons, or 
 so conceals himself that a summons cannot be served upon him ; when he is 
 about to remove his property, or a part thereof, out of the jurisdiction of the 
 court, with the intent to defraud his creditors ; when he is about to convert his 
 property, or a part thereof, into money, for the purpose of placing it beyond the 
 reach of his creditors ; when he has property, or rights in action, which he 
 conceals ; when he has assigned, removed, or disposed of, or is about to dis- 
 pose of his property, or a part thereof, with the intent to defraud his creditors ; 
 when he has fraudulently contracted the debt, or incurred the obligations for- 
 which suit is about to be, or has been brought. But an attachment shall 
 not be granted on the ground that defendant is a -foreign corporation or non- 
 resident of the Territory, for any claim other than a debt or demand arising 
 upon contract, judgment, or decree. When the ground of attachment is, that 
 the defendant is a foreign corporation, or- non-resident of the Territory, the 
 order of attachment may he issued without an undertaking. In all other 
 cases, the order of attachment shall not be issued by the clerk of the court 
 until there has been executed in his office, by one or more approved sureties of 
 
304 
 
 APPENDIX. 
 
 plaintiff, to be approved by the clerk, an undertaking not exceeding double the 
 amount of the plaintiff's claim, to the effect that plaintiff shall pay defendant 
 all damages which he may sustain by reason of the attachment, if the order be 
 wrongfully obtained. 
 
 STATE OP DELAWARE. 
 
 EXEMPTION LAWS. 
 The following items of property are exempt from attachment or execution : 
 The necessary wearing apparel of the debtor and of his wife and children; bed 
 and bedding for every 2 persons in the family ; 1 iron stove ; fuel for family 
 use to the amount of $5 ; all Bibles and school-books used in the farSily ; 1 
 cow, 1 swine, and 1 ton of hay ; the library, tools, and implements of the 
 debtor necessary for carrying on his profession or trade, to the value of $50 ; 
 other necessary household furniture, to the value of $25 ; rights of burial and 
 tombs in use. It is provided, however, that all the articles exempted shall not 
 exceed $100 in value, and that if, at the time of the execution of the process, 
 the debtor is not in possession of all or any of the specified articles, other prop- 
 erty to that value shall be exempt, except in cases of fines or taxes. The above 
 exemptions do not affect a debt or contract incurred prior to July 4, 1851. 
 
 LIEN LAWS. 
 
 Any person furnishing labor or materials for constructing, altering, or repair- 
 ing any building, has a lien thereon to the agreed-upon amount of his claim. 
 This lien takes precedence of all subsequent attachments. To enforce it the 
 lien-holder must notify the owner thereof of the sum claimed by him to be due, 
 and also of his intention to claim the benefit of such lien. The owner is au- 
 thorized, on proof of the correctness of the claim, to pay the amount, and to 
 deduct the same from what is due by him to the contractor. 
 
 COLLECTION LAWS. 
 
 Imprisonment for debt in this State exists only when it can be proven that 
 the debtor has secreted or conveyed away his property to defraud his creditors. 
 The party making the complaint must set forth the alleged fraudulent convey- 
 ance, and state on oath that defendant is justly indebted to him in a sum ex- 
 ceeding $5, and that he verily believes defendant has secreted or otherwise 
 disposed of property over the value of $25, with the view of defrauding his 
 creditors. There are two kinds of attachments for debt, viz : domestic and for- 
 eign ; under the former an attachment may issue against a resident when it can 
 be shown that he is justly indebted to plaintiff in the sum of $50 or over, and 
 has, as is believed, absconded for the purpose of defrauding his creditors out of 
 their dues ; under the latter, when it caii be shown that the defendant resides 
 out of the State, and is justly indebted to plaintiff in the sum of $50 and up- 
 ward. 
 
EXBMpnONj LIEN LAWS, ETC. — DIS. COLUMBtA. 305 
 
 LIMITATION LAWS. 
 
 Actions which must ie commerxed within 20 years after the cause of action 
 accrued. — All actiona for reoovarv of lands. 
 
 Within 6 years. — All aotions on promissory notes, bills of exchange, and 
 acknowledgments under the hand of the debtor. 
 
 Within 3 years. — All actions of trespass, replevin, detinue, debts not founded 
 on a record of specialty, and of account. 
 
 In cases of mutual and running account, limitation not to begin while the 
 account continues open. 
 
 Minors, married women, lunatics, and persona imprisoned, to have 10 years 
 after the removal of such disjibility. 
 
 The time of the defendant's absence from the State is to be deducted ; and in 
 every such case, 1 year after his return to be allowed when the cause of action 
 arises in the State. 
 
 INTEREST LAWS. 
 The raFe of legal interest is 6 per cent.- Usury forfeits the whole debt, and 
 one half goes to the prosecuting party, and .the other half goes to the State. 
 
 DISTRICT OF COLUMBIA, 
 
 EXEMPTION LAWS. ' 
 
 Personal Property. — The following property, being the property of a head of 
 a family, or householder, is ezempt from distraint, attachment, levy, and sale 
 on execution or decree of any court in the District of Columbia : Provided, 
 however, That the exemption does not interfere with the foreclosure of any 
 mortgage or deed of trust executed before the passage of the act, to wit: 
 
 All wearing apparel belonging to all persons, and to all heads of families, , 
 being householders ; all beds, bedding, household furniture, stoves, cooking 
 utensils, and so forth, not exceeding |300 in value ; provisions for 3 months' 
 support, whether provided or growing ; fuel for three months ; mechanics! tools, 
 and implements of the debtor's trade or business, amounting to $200 in value, 
 with $200 worth of stock for carrying on business of the debtor or 'his family : 
 the library and implements of a professional man or artist, to the value of $300; 
 1 horse, 1 mule, or yoke of oxen ; 1 cart, wagon, or dray, and harness for such 
 team ; farming utensils, with food for such team for 3 months ; and if the debtor 
 be a farmer, any other farming tools, to the value of $100 ; all family pictures, 
 and all the family library, not exceeding in value $400 ; 1 cow, 1 swine, 6 
 sheep ; and no deed of trust, bill of sale, or mortgage upon any of said exempted 
 articles shall be binding or 'valid, unless signed by the wife of the debtor, if he. 
 be married and living, with his wife ; and these exemptions shall be valid when 
 the said property is ire transitu, the same as if the property were at rest : Pro- 
 vided, however,. That no property named and exempted in this act shall be ex-^ 
 empted from attachment or execution for any debt due for wages of servants, 
 common laborers, or clerks, except the wearing apparel, beds, and bedding, and 
 household furniture and provisions for the debtor and family. , 
 
 20 
 
306 APPENDIX. 
 
 LIEN LAWS. 
 
 There is a conditional lien law on buildings in the city of Washington, which 
 enacts, that for all sums due and owing on written contracts, for the building, 
 of any house in the said city, or the brick work, or carpenter or joiners' work 
 thereon, the undertaker or workmen employed by the person for whose use the 
 house shall be built shall have a lien on the house and the ground on which 
 the same is erected, as well as for the materials found by him, provided the. 
 said written contract shall have been acknowledged before one of the commis- 
 sioners, a justice of the peace, or an alderman of the corporation of George- 
 town, and recorded in the ofSce of the clerk for recording deeds, within six 
 calendar months from the time of acknowledgment as aforesaid; and if within, 
 two years after the last of the work is done, he proceeds in equity, he shall 
 have remedy as upon a mortgage, or if he proceeds at law within the same 
 time he may have execution against the house and land, in whose hands soever 
 the same may be ; but this remedy shall be considered as additional only ; nor 
 shall, as to the land, take place of any legal encumbrance made prior to the 
 commencement of such claim. 
 
 The proceeding to enforce any lien shall be by bill or petition in equity, and 
 the decree, besides subjecting the thing upon which the lien has attached to the 
 satisfaction of the plaintiff's demand against the defendant, shall adjudge that 
 the plaintiff recover his demand against the defendant, and that he may have 
 execution thereof as at law. Publication may be substituted for personal ser- 
 vice of process upon any defendant in suits for the enforcement of mechanics' 
 liens and all other liens against real or personal property. 
 
 For general and reliable information as to Mechanics' Liens in the District 
 of Columbia consult Brightly's Digest of Laws of the United States, 2 vol., 
 p. 124, under the head of "District of Columbia." 
 
 COLLECTION LAWS. 
 
 No person can be imprisoned on any judgment rendered by ^ single magis- 
 trate, or in any case where the judgment, exclusive of costs, shall not exceed 
 twenty dollars ; but that in such cases execution shall be only on the goods and 
 chattels of the debtor, and shall issue, by order of the justice who may have 
 taken cognizance of the action, from the clerk's office, and shall be returnable 
 thereto. Attachments may issue against the property of absconding debtors, 
 and others, whose persons cannot be arrested. 
 
 Mutual debts between the parties to an action, or between the testator or 
 intestate of both parties, or either party, may be set off against each other by 
 plea in bar, whether the said debts be of the same or a different nature ; and if 
 either debt arose by reason of a penalty, the exact sum to be set off shall be 
 stated in the plea. 
 
 In actions against foreign corporations doing business in the District of Col- 
 umbia, all process may be served on the agent of such corporation or person 
 conducting its business aforesaid, or in case he is absent and cannot be found, 
 by leaving a copy thereof at the principal place of business in the District, and 
 such service shall be effectual to bring the corporation before the court. 
 
 The power, until recently claimed and exercised as a common right by every 
 landlord in the District of Columbia, of seizing, by his own authority, the per- 
 sonal property of his tenant for arrears of rent, has been abolished ; but the 
 
EXEMPTION, LIEN LAWS, ETC. — FLORIDA. 307 
 
 landlord shall have a tacit lien upon such of the tenant's personal chattels, 
 upon the premises, as are subject to execution for debt, to commence with the 
 tenancy and continue for three months after the rent is due, and until the ter- 
 mination of any action for such rent brought within said three months. And 
 this lien may be enforced — 
 
 First. By attachment, to be issued upon affidavit that the rent is due and un- 
 paid ; or, if not due, that the defendant is about to remove or sell all or some 
 of said chattels ; or, 
 
 Second. By judgment against the tenant and execution, to be levied on said 
 chattels or any of them, in whosesoever hands they may be found ; or. 
 
 Third. By action against any purchaser of any of said chattels, with notice 
 of the lien, in which action the plaintiff may have judgment for the value of 
 the chattels purchased by the defendant, but not exceeding the rent arrear and 
 damages. 
 
 For more extended information under this head consult Act of 39th Congress, 
 entitled "An Act to amend the law of the District of Columbia in relation to 
 judicial proceedings therein," approved February 22, 1867. 
 
 INTEEEST LAWS. 
 The rate of legal interest is six per centum per annum. TJsuiious contracts 
 are void. 
 
 STATE OF FLORIDA. 
 
 EXEMPTION LAWS. 
 
 Ibrsenal Property. — All necessary wearing apparel, bedding, and kitchen 
 furniture; the horse, saddle, vehicle, and harness, to the value of $100 of 
 every clergyman ; the horse, saddle, bridle, medicine, professional books, and 
 instruments of every surgeon, midwife, or physician ; tools necessary in the 
 debtor's trade or profession ; the horse and ^un, to the value of $100, belong- 
 ing to any farmer actually cultivating 5 or more acres of land within the 
 State ; the boat and gun of every fisherman, pilot, or resident upon any island 
 or coast of the State ; and the boat and flat of any ferryman to the value of 
 $200. Every actual housekeeper with a family, may claim as exempt such 
 portion of his property as may be necessary for the support of himself and 
 family, to the value of $100, waiving all right to all other exceptions ; Provided, 
 however, That the defendant is not a non-resident, nor about removing from 
 the State, nor removing his property, nor fraudulently disposing of the same to 
 avoid the payment of his debts. And the defendant must make and sign a fair 
 and full statement of all his property, verified by affidavit, which must accom- 
 pany the return of the process. 
 
 Seal Estate. — A farmer owning 40 acres of land, of which he cultivates 10, 
 can hold the same exempt, except for violation of the criminal law, or for fines 
 or taxes, provided the property does not exceed $200 in value. FiVery owner 
 of a dwelling-house in a city, town, or village, provided he actually reside in 
 the house, and that it does not exceed $300 in value, may hold it free from 
 execution, attachment, or distress, except for violation, of the criminal law, or 
 for fines or taxes. 
 
308 • APPENDIX. 
 
 LIEN LAWS. 
 
 Any person furnishing labor or materials for constructing, altering, orrepairing 
 a building, shall have a lien upon the same until the amount agreed upon by the 
 parties is fully paid. To enforce the claim, it is necessary to file in the clerk's 
 office of the circuit court of the county in which the property is situate, and 
 within 6 months after the work has been performed, or the materials furnished, 
 a true account of what is due him after all credits, and verify it by his own 
 oath, or that of some other person, and also record at the same time a correct 
 description of the property charged with such lien. The necessary land con- 
 nected with the building shall also be subject to said lien. Laborers also have 
 each a lien upon such building and land, to the agreed-upon amount of their 
 respective demands. ' 
 
 All persons furnishing materials for constructing, or stores for provisioning, 
 or performing labor or service of any kind upon any kind of vessel, shall have 
 a lien therefor on the same, which lien shall take precedence of all others, pro- 
 vided suit is brought to enforce the same within 20 days from the time when 
 such lien accrued. 
 
 COLLECTION LAWS. 
 Imprisonment for debt does not prevail in the State. An attachment may 
 ■ issue against the estate of a debtor upon an affidavit that a debt is due, oi 
 becoming due within 9 months ; that the debtor is removing, or about to re- 
 move, from the State ; that he has absconded, or is about to abscond ; that he 
 conceals himself so that process cannot be served ; or that he is secreting or 
 otherwise disposing of his property, for the purpose of defrauding his creditors. 
 
 LIMITATION LAWS. 
 
 Actions which must he commenced within 7 years after the cause of action 
 accrued. — All actions for the recovery of real estate. 
 
 Within five years. — All actions of account ; debt ; trespass on land ; and 
 trespass, detinue, and replevin for goods and chattels. 
 
 Within 3 years. — All actions for assault, battery, wounding, and imprison- 
 ment. 
 
 Within 2 years. — All actions on book accounts. If the creditor die within 
 Buch 2 years, then the further time of 2 years. 
 
 Within 1 year. — All actions for libel and slander. 
 
 Minors, married women, lunatics, prisoners, and persons beyxind seas, have 
 the same periods after the removal of their disability. 
 
 Actions of account concerning merchandise between merchants, actions of 
 debt on specialty, and actions of covenant, not being regulated by statute, are 
 governed by the old English law in force prior to 1776. 
 
 A debtor who absconds, conceals himself, or otherwise prevents his creditor 
 from bringing suit within the terms above specified, loses all benefit of the fore- 
 going limitations. 
 
 INTEREST LAWS. 
 The rate of legal interest is 8 per cent., if an agreement to that effect is made ;■ 
 and if no agreement is made, the legal rate is 6 per cent. Usury is made a 
 penal offence, subjecting the party guilty thereof to loss of all interest and to 
 indictment. 
 
EXEMPTION, LIEN LAWS, ETC. — GEORaiA. 309 
 
 STATE OP GEORGIA. 
 
 EXEMPTION LAWS. 
 
 Personal Property. — The equipments of military men, and the horses and 
 wearing apparel of troopers ; 2 beds and bedding ; a spinning-wheel, and 2 
 pairs of cards ; a loom ; common tools of the debtors' trade ; ordinary cooking 
 utensils; $30 worth of provisions; family Bible; a cow and a calf; 1 horse or 
 mule, to the value of $50, and 10 swine. The same privileges are extended to 
 widows and their families, while the widows remain single. 
 
 Heal Estate. — Every white citizen of the State, being the head of the family, 
 may own 50 acres of land exempt, except for execution for the purchase money 
 of the land. But the land thus exempt must 'include the dwelling-house and' 
 improvements of the original tract, the value of the whole not to exceed $200. 
 
 LIEN LAWS. 
 
 All persons furnishing wood, provisions, labor, or materials for the construc- 
 tion of vessels of any kind, shall have a lien therefor on the same, if they insti- 
 tute legal proceedings for the collection of their claims any time within 12 
 months after their claims are due. 
 
 Any person constructing, altering, or repairing any building shall have a 
 lien therefor on the same, if he, any time within 3 months of the completion 
 of the building, shall file a bill of particulars of his claim in the clerk's office 
 of the county where the property is situate. To enforce his lien, he must 
 institute a suit against the owner of the property for the amount of his claim, 
 within 12 months from the time the debt is due. 
 
 Any machinist who may furnish or put up, in any coulity in this State, any 
 eteam mill or other machinery, or who may repair the same, shall be entitled to 
 the came lien on such machinery, and the premises to which the same may be 
 attached, and may enforce such lien in the same manner, and with like benefits, 
 privileges, and restrictions, as is extended to masons and carpenters, 
 
 COLLECTION LAWS. 
 
 In cases where a debt is not due, and the debtor is removing, or about to 
 remove from the State, an afSdavit of such fact, and of the amount of the debt, 
 is sufficient to authorize the issue of an attachment against the property of such 
 debtor. 
 
 Unmarried women, or widows, cannot be arrested for debt. 
 
 In any case pending a' suit, if the debtor attempt to leave the State, or con- 
 vey his property away, to the injury of his creditors, an attachment may imme- 
 diately issue against his property. 
 
 Attachments may issue against the real and personal estate of a debtor 
 residing without the limits of the State, whether the creditor resides within the 
 State or not. 
 
 When a debtor is arrested or imprisoned for debt, and shall make it evident 
 to the court that ho is insolvent, and shall deliver a schedule of his real and 
 personal estate, debts, credits, and effects, and shall take the insolvent's oath, 
 he shall obtain a discharge from imprisonment; and every creditor so dis- 
 charged shall not be liable to arrest or imprisonment for any debt contracted 
 before his discharge. 
 
310 AIPENDIX. 
 
 LIMITATION LAWS. 
 
 Acticms which must be commenced within 20 years after the cause of aation 
 accrued. — All actions on instruments under seal. 
 
 Within 7 years. — All actions for the recovery of land. 
 
 Within 6 years. — All actions on notes and instruments in writing, not under 
 seal. 
 
 Within 5 years. — All actions on foreign judgments. 
 
 Within 4 years. — AH actions on open accounts, trespass, debt, detinue, and 
 replevin for goods ; also, all actions for trespass on land. 
 
 Within, 2 yean. — All actions for trespass, assault, battery, wounding, and 
 imprisonment. 
 
 Within 6 months. — All actions for slander. 
 
 Minors, married women, lunatics, prisoners, and persons beyond seas, have 
 the same periods after their disability is removed. 
 
 INTEREST LAWS. 
 The rate of legal interest is 7 per cent. The reservation of a higher rate 
 forfeits both principal and interest. 
 
 STATE OP ILLINOIS. 
 
 EXEMPTION LAWS. 
 
 Personal Property : All necessary wearing apparel ; necessary beds and bed- 
 ding ; cooking utensils ; household furniture to the value of $15 ; 1 pair of 
 cards ; 2 spinning-wheels ; 1 weaving-loom and appendages ; 1 stove and its 
 pipe ; 1 milch cow and calf; 2 sheep, and the fleeces taken from thera, or the 
 fleeces of 2 sheep for each member of the family, provided they have not been 
 purchased by any debtor owning sheep, together with the yarn and cloth that 
 may be manufactured from the fleeces ; and $60 worth of property suited to the 
 condition of, and to be selected by, the debtor ; 3 months' provision and fuel, 
 and necessary food for stock exempted from execution ; and any lot used as a 
 burying-ground. 
 
 Upon the death or desertion of the head of the family, the family shall be 
 entitled to the like exemption. 
 
 Ecal Estate. — The lot of land and the buildings attached, to the value of 
 $1,000, owned and occupied as a residence by a householder having a family, 
 are exempt from forced sale for contracts made after July 4, 1851. On the 
 ■death of the debtor, the exemption continues for the benefit of his family until 
 the youngest child becomes of age, and until the widow dies. No release of the 
 exemption is valid unless in writing, subscribed by the householder, and ac- 
 knowledged before a magistrate or commissioner of deeds. This exemption, 
 however, does not prevent the sale of land for taxes or debts incurred for the 
 purchase or improvement of the land, or incurred prior to the recording of 
 notice of redemption. 
 
 If the creditor or officer holding the execution think the property claimed is 
 worth more than $1,000, the officer may summon 6 qualified jurors of his 
 
county to appraise the premises upoa oath, if, in their opinion, the property 
 can be divided without injury. 
 
 LIEN LAWS. 
 Any person laboring on, or furnishing labor or materials for constructing, 
 repairing, or altering any building, shall have a lien therefor on the same, and 
 on the land on which the building shall stand. To bind such lien, a suit must 
 be instituted within 6 months from the date when the last payment is due. 
 Landlords have a lien also on all crops of a tenant, whether such crops be 
 already grown, or in course of growth, for unpaid rent. 
 
 COLLECTION LAWS. 
 
 Attachment may issue against the person of a debtor refusing to surrender 
 his property, real and personal, for the satisfaction of any execution that may 
 be issued against it ; also, when it can be shown that a debtor has employed 
 fraud, either in incurring a debt, or in concealing, removing, or otherwise dis- 
 posing of his property for the purpose of defrauding his creditors. These are 
 the only cases in which a party may be arrested for debt. Attachments may 
 issue against the property of a debtor who is preparing to remove the same 
 from the State ; also against the property of a non-resident, when the sum of 
 his indebtedness exceeds $20. 
 
 LIMITATION LAWS. 
 
 Actions which must be commenced within 20 years after the cause accrued. — 
 All actions concerning the recovery of real estate, and on judgments rendered 
 by any court of record. 
 
 Within 16 years. — All actions for debt, or covenants for rent, founded on a 
 lease under seal ; and of debt founded on bills, promissory notes, written obli- 
 gations, covenants of specialty, awards of arbitrators under seal, and on accounts 
 between merchants relative to trade in merchandise. When any payment has 
 been made upon such instruments, right of action commences from the time of 
 such payment. 
 
 Within 5 yean. — All actions of trespass on lands, trespass on personal prop- 
 erty, and taking and injuring goods ; for arrears of rent on parole demise ; and 
 of accounts between retail merchants and consumers. 
 
 Within 2 years. —All actions for assault, battery, wounding, imprisonment, 
 and malicious prosecution. 
 
 Within 1 year. — All actions for slander and libel. 
 
 Absence of defendant from the State is not included in the computation. 
 
 Minors, married women, lunatics, and persons absent from the State, may 
 commence such actions within the terms 'prescribed, after the removal of their 
 disability. 
 
 INTEREST LAWS. 
 
 Rate of legal interest is 6 per cent. ; by special agreement a greater rate, not 
 exceeding 10 per cent, may be charged upon money. In all actions bound upon 
 a note or obligation given for services or for consideration, other than money 
 loaned, j udgment will be given for principal and 6 per cent. 
 
312 APPENDIX. 
 
 STATE OF INDIANA. 
 
 EXEMPTION LAWS. 
 Property, real or personal, to the value of $300, owned and occupied by any 
 resident householder, is exempt from execution for debt incurred since July 4, 
 1852, mechanics, laborers, and vendors' liens excepted. The articles for ex- 
 emption may be selected by the debtor from his general effects. Their value 
 must be ascertained by appraisers, one chosen by the plaintiff or his attorney, 
 one by the debtor, and a third, if necessary, by these two. In case either party 
 fail to select an appraiser, one is chosen by the officer. The appraisers shall 
 make a schedule of the property selected by the debtor, which, verified by the 
 affidavit, must form part of the return. If the debtor select real and personal 
 property exceeding $300 in value, he may pay the excess within 60 days. 
 If he fail to do so, the real property is sold, and so much of the proceeds paid 
 to the debtor as, with the value of the personal property selected by him, 
 amounts to $300. Whenever real property, selected for exemption is suscepti- 
 ble of division without material injury, it must be so divided as to exempt the 
 principal dwelling-house of the debtor. 
 
 LIEN LAWS. 
 
 Any person laboring, or furnishing labor or materials for constructing, alter- 
 ing, or repairing any building, shall have a lien therefor upon the same. Any 
 Bub-contractor or laborer may notify the owner of the property of their claim, 
 whereupon the owner shall become liable for the same, provided he, at the time 
 of receiving such notice, shall be indebted to the contractor to that amount ; if 
 not, then to the amount to which he is indebted to the contractor. After ser- 
 vice of such notice on the owner, and 60 days subsequent to the completion 
 of the building, alteration, or repairs, or the furnishing of the supplies, the 
 lien-holder must file a notice of his intention to claim the benefit of the lien 
 on said property, together with a bill of particulars of the debt, in the re- 
 corder's office of the county in which the property lies. 
 
 Any person laboring on, or furnishing labor or materials for constructing, 
 altering, or repairing; or stores for provisioning; or wood or coal for fuel, for 
 any vessel, shall have a lien thereon for the same ; and such lien shall take pre- 
 cedence of all subsequent claims whatsoever, except mariners' wages. 
 
 COLLECTION LAWS. 
 Before special bail can be required, plaintiff must file an affidavit with the 
 clerk of the court where the suit is instituted, setting forth his right to recover 
 an existing debt or damages from the defendant, and that he believes the 
 latter is about to leave the State, taking with him property subject to execu- 
 tion, or money or effects which should be applied in satisfaction of plaintiff's 
 debt or damages; defendant's object being to defraud said plaintiff. No war- 
 rant for arrest can be delivered to an officer until an order for special bail is 
 obtained and endorsed on such writ. Attachments may issue against the real 
 and personal property of a debtor, when it shall be shown that he has left the 
 State, or is making arrangements for that purpose, with intent to defraud his 
 creditors or to avoid process ; or that he keeps himself concealed so that pro- 
 
EXEMPTION, LIEN LAWS, ETC. — IOWA. 313 
 
 cess cannot he served upon him, with intent to create delay or defraud his 
 creditors. But no attachment can issue against a debtor so long as his wife and 
 family remain settled within the county where his usual place of residence may 
 have been prior to his absence ; provided such absence is not prolonged more 
 than one year, and no attempt made to conceal his absence ; and that he shall 
 not be secretly transferring, conveying, or removing his property or effects, by 
 which the payment of his debts may be evaded. Should his wife or family 
 refuse to account for his absence, or to state where he may be found, or give a 
 false account of either, or he unable to account for his absence, or to tell 
 where he may be found, it shall be deemed an attempt to conceal his absence, 
 and attachment may at once issue against his estate. 
 
 LIMITATION LAWS. 
 
 Actions which must commence within 16 years after the cause of action accrued. — 
 All actions for recovery of land ; actions on judgments rendered in any court 
 of record of the State, or of any of the States or Territories of the United 
 States; actions on bonds, notes, and contracts on specialty; and on bills, 
 notes, and other evidences of debt, issued by banks or other moneyed corpo- 
 rations. 
 
 Within 6 years. — All actions of debt founded on contract or liability, express 
 or implied ; upon judgments rendered before a justice of the peace, or in any 
 court not a court of record; for arrears of rent; for waste ; trespass upon land; 
 and actions of replevin, and for taking, detaining, and injuring goods. 
 
 Within 3 years. — All actions for assault, battery, and false imprisonment. 
 
 Within 1 year. — All actions for slander and libel. 
 
 In all actions of debt on open accounts, cause for action is deemed to have 
 accrued at the time of the last item proved. 
 
 Absence from the State of defendant is not computed. 
 
 Minors, married women, lunatics, prisoners, and persons absent from thS 
 United States, may bring action within 1 year after their disability is removed. 
 
 INTEREST LAWS. 
 Bate of legal interest is 6 per cent ; any excess of that may be recovered, 
 but no contract is made void by usury. 
 
 STATE OF IOWA. 
 
 EXEMPTION LAWS. 
 Personal Property. — All wearing apparel kept for actual use, and suitable to 
 the condition of the defendant, with the trunks or other receptacles in which 
 it is contained, even though the debtor be a non-resident ; 1 musket or rifle ; 
 the tools, instruments, and books used in the practice of a debtor's business or 
 profession ; the horse, harness and wagon used by a physician, clergyman, or 
 public officer, or by the use of which a farmer or laborer gains a subsistence ; 
 all libraries, family Bibles, portraits, and paintings ; a, pew occupied by the 
 debtor or his family in any house of public worship ; and an interest in a pub- 
 lic or private burying-ground, not to exceed 1 acre for any one defendant. 
 
314 
 
 APPENDIX. 
 
 If the debtor be the head of a family, there ia a further exemption of 1 cow 
 and calf.l horse, unless exempted as above, 50 sheep and the wool therefrom ; 
 5 hogs and all pigs less than 6 months old ; the food necessary for the subsistence 
 of the animals exempt for 60 days ; flax raised by defendant and the manufac- 
 tures therefrom ; all cloth manufactured by defendant, not exceeding 100 yards ; 
 household and kitchen furniture to the value of $100 ; all spinning-wheels and 
 looms, and other instruments of domestic labor kept for actual use ; a bedstead 
 and bedding for every 2 in the family, and the necessary provisions and fuel 
 for the use of the family for 6 months. The earnings of the debtor by his own 
 personal services, or those of his family, at any time within 90 days next pre- 
 ceding the levy, are also exempt. 
 
 Real Estate. — The homestead of every family is exempt, except for a mechan- 
 ic's lien, or for debt contracted prior to the purchase of the homestead, or to 
 July 4, 1849, or for debt created by written contract, signed by parties having 
 full power to convey the homestead, in which it is expressly stipulated that the 
 homestead shall be liable for such debt. In no case, excepting a, mechanic's 
 lien, can a homestead be sold until all other property of the defendant is ex- 
 hausted. A widow or widower, though without children, shall be deemed the 
 head of the family while continuing to dwell in the house used as a homestead 
 previous to the death of the husband or wife. If the owner is married, a con- 
 veyance of the homestead is invalid unless husband and wife join in the deed. 
 If within a town, the homestead must not exceed half an acre in extent : if 
 not, it is limited to 40 acres ; but in either case, if its value is less than $500, 
 it may he enlarged till its value reaches that limit. The homestead must em- 
 brace only 1 dwelling-house, used as such by the owner, and the buildings 
 properly appurtenant. It may also embrace the owner's workshop. When the 
 debtor does not choose his homestead, his wife may do so for him, and if 
 neither, then the sheriff, 
 
 LIEN LAWS. 
 
 Any person furnishing labor or materials for constructing, altering, or repair- 
 ing any building, by agreement with the owner thereof, or with the lessee of 
 the land with the owner's knowledge and consent, shall have a lien therefor 
 upon the same, and also upon so much of the land necessarily connected there- 
 with as cannot be sold to avoid such lien. Suit must be instituted for the 
 amount of the lien within 12 months from the time of payment specified in the 
 contract. If suit be brought in the district court, it must be by bill or petition, 
 describing the nature and particulars of the contract, and the character and loca- 
 tion of the property. The execution in such suit must levy only upou the prop- 
 erty specified, as no other property of defendant is liable for the payment of 
 such .judgment. By a law of the State, miners have a lien upon a sufficient 
 quantity of mineral to pay any just demand for labor performed upon it. 
 
 COLLECTION LAWS. 
 Arrest for debt cannot take place in this State, except on proof of fraud. 
 Attachment may issue by the clerk of a district court in an action founded on 
 contract, provided that plaintiff makes an affidavit stating as near as possible 
 the amount due him by defendant ; that he has good reason to believe the de- 
 fendant is about to dispose of or remove his property, with intent to defraud 
 his creditors ; that he has absconded or secreted himself, so that process cannot 
 
EXEMPTION, LIEN LAWS, ETC. — KANSAS. 315 
 
 be served upon him ; or that he is a non-resident of the State. The writ may 
 be levied on defendant's estate, real or personal, found in the county, or on so 
 much of the same as may be sufficient to satisfy the debt, together with interest 
 and cost of suit. 
 
 LIMITATION LAWS. 
 
 Actions which must be commenced within 20 years after the cause of action 
 accrued. — All actions for the recovery of real estate. The judgment of any 
 court of record may be revived after 20 years by giving the 'defendant notice, 
 and calling upon him to show cause why an action should not be commenced. 
 
 Within 6 years. — All actions of debt for rent or money founded upon cov- 
 enant or lease ; of debt on single or penal bills, promissory notes ; on writings 
 obligatory for the payment of money, or the delivery of property, or the per- 
 formance of contracts, or on the award of arbitrators for the payment of money 
 only ; for the recovery of money or property on promises not under seal ; and 
 all actions on accounts between merchants on account of merchandise. 
 
 Within 5 years. — All actions of trespass o'n property ; for taking, detaining, 
 or injuring goods ; for arrearages of rent promised by word of mouth ; and for 
 debts due on running accounts. 
 
 Within 2 years. — All actions for debts due on accounts between retail mer- 
 chants and consumers. 
 
 Within 1 year. — All actions for trespass on personal property ; for libel and 
 slander ; and for assault, battery, false imprisonment, and malicious prosecution. 
 
 The time of defendant's absence from the State is not computed in the limit- 
 ation. 
 
 INTEREST LAWS. 
 
 The rate of interest chargeable by law is 6 per cent. ; but contracting parties 
 may agree upon a rate not exceeding 10 per cent. ; and all excess of 6 per cent, 
 may be recovered. ' 
 
 STATE OP KANSAS. 
 
 EXEMPTION LAWS. 
 Personal Property. — The family Bible ; family pictures, school-books or 
 library, and musical instruments for use of family ; a seat or pew in any house 
 or place of public worship ; a lot in any burial ground ;■ all wearing apparel 
 of debtor and his family ; all beds, bedsteads, and bedding kept and used by 
 debtor and his family ; all stoves and appendages put up or kept for the use of 
 debtor and his family ; all cooking utensils, and all other household furniture 
 not herein enumerated, not exceeding $500 ; 3 cows, 10 swine, 1 yoke of oxen, 
 and 1 horse, or, in lieu of 1 yoke of oxen and 1 horse, a span of horses or mules ; 
 20 sheep and the wool for the same, either in the raw material or manufactured 
 into yarn or cloth ; the necessary food for all the stock mentioned for 1 year's 
 support, either provided or growing, or both, as the debtor may choose ; also, 1 
 wagon, cart, or dray, 1 sleigh, 2 ploughs, 1 drag, and other farming utensils, 
 including tackle for teams, not exceeding |300 in value ; the provisions for the 
 debtor and his family necessary for 1 year's support, either provided or grow- 
 
316 APPENDIX. 
 
 ing, or both, and fuel necessary for 1 year ; the tools and instruments of any 
 meohauic, miner, or other person, used and kept for the purpose of carrying 
 on his trade or business, not exceeding $300 in value, and, in addition thereto, 
 Block in trade not exceeding $400 in value ; the library and implements of any 
 professional man ; all of which articles, hereinbefore intended to be exempt, 
 shall be chosen by the debtor, his agent, clerk, or legal representative, as the 
 case may be. Nothing in this act shall be so construed as to exempt any prop- 
 erty in this State from execution or attachment for clerks, laborers, or mechan- 
 ics' wages. 
 
 Seal Estate. — A homestead, consisting of any quantity of land not exceeding 
 80 acres, for agricultural or horticultural, purposes, and the dwelling-house 
 thereon, and its appurtenances, to be selected by the owner thereof, and not 
 included in any incorporated town, city, or village ; or instead thereof, at the 
 option of the owner, a quantity of land, not exceeding in amount one lot, 
 being within an incorporated town, city, or village, and the house thereon, and 
 its appurtenances, the whole not exceeding in value $5,000, owned and occu- 
 pied by any resident of this State, being the head of a family, shall not be sub- 
 ject to attachment, levy, or sale upon execution or any other process issued 
 out of any court within the State. The statute shall be deemed and construed 
 to exempt such homestead, in manner aforesaid, during the time it shall be 
 occupied by the widow or minor child or children of any deceased person who 
 was when living entitled to the benefit of this act. Such exemption shall not 
 extend to any mortgage, or any instrument in the nature thereof, lawfully ob- 
 tained, but such mortgage or other alienation or incumbrance of such land, by 
 the owner thereof, if a married man, shall not be valid without the signature of 
 the wife of the same, unless such mortgage or other instrument shall be given 
 to secure the payment of the purchase money, or some portion thereof. 
 
 LIEN LAWS. 
 
 Any person who shall, under contract with the owner of any tract of land 
 or lots, furnish materials or perform labor for erecting, repairing, or altering any 
 building or the appurtenances of any building on such land, lot, or lots, shall 
 have a lien from the time of making such contract upon the whole tract of land, 
 lot, or lots, the building and appurtenances, in the manner herein provided, for 
 the amount due to him for such labor or materials. 
 
 The lien shall extend to all work done and materials furnished under the 
 provisions of the contract, whether the kind or quality of the wo'rk or mate- 
 rials or amount to be paid be specified or not. 
 
 When any sum due by such contract shall remain unpaid after the same is 
 payable, the creditor may, in a suit upon petition filed in the district court of 
 the county in which the land, lot, or lots lie, obtain an order for the sale thereof, 
 and for applying the proceeds of such sale to the discharge of his demands ; and 
 the filing of the petition and precipe in the clerk's office shall be deemed the 
 commencement of the suit. 
 
 The petition shall contain a statement of the cause of action, with a descrip- 
 tion of the premises subject to the lien; the summons shall be similar to and 
 served as in other cases ; constructive service may be had as provided by law 
 in other oases. 
 
 Every person who has or claims any lien upon, or right or interest in or to. 
 
EXEMPTION, LIEN LAWS, ETC. — KENTUCKY. 317 
 
 BTich building, appurtenances, land, lot, or lote, or any part tliereof, by virtue 
 of this act or otherwise, may be a defendant in such suit, and have liis rights 
 adjudicated therein, and may in his answer state such lien, right, or interest, 
 and his doing so shall be deemed the commencement of a suit. 
 
 COLLECTION LAWS. 
 No person in this State can be arrested, held to bail, or imprisoned for debt. 
 Ci'editors, hovrever, whose demands amount to $50, may sue their debtors in 
 any court having jurisdiction of the subject-matter, by attachment, in the fol- 
 lowing cases : First. Where the debtor is not a resident of, nor resides withm, 
 this State. Second. Where the debtor conceals himself, so that the ordinary 
 process of law cannot be served upon him. Third. Where the debtor has ab- 
 sconded or absented himself from his ordinary place of abode in this State, so 
 that the process of law cannot be served upon him. Fourth. Where the debtor 
 is about to remove bis property or effects out of this State, with the intent to 
 defraud, hinder, or delay his creditors. Fifth. Where the debtor has fraudu- 
 lently conveyed or assigned, or fradulently concealed or disposed, or is about 
 fraudulently to convey or assign his property or effects so as to hinder or delay 
 his creditors. Sixth. Where the debt was contracted out of this State, and the 
 debtor has absconded or secretly removed his property or effects into this 
 State, with the intent to defraud, hinder, or delay his creditors. An affidavit 
 alleging any one of these causes shall be held and adjudged good and sufficient. 
 
 LIMITATION LAWS. 
 
 Actions which must be commenced within 21 years after the cause of actiori 
 accrued. — All actions for the recovery of the title or possession of lands, tene- 
 ments, or hereditaments. 
 
 Within 3 years. — All actions upon a specialty, or any agreement, contract, or 
 promise in writing ; also all actions not in writing, expressed or implied. 
 
 Within 2 years. — All actions for trespass on real property ; all actions for 
 taking, detaining, or injuring personal property, including actions for the spe- 
 cific recovery of personal property. 
 
 Within 1 year. — All actions for libel, slaiider, assault and battery, malicious 
 prosecution, or false imprisonment. 
 
 INTEREST LAWS. 
 
 Legal interest is 10 per cent, in this State whenever no agreement increasing 
 that rate is made. Parties may agree upon a rate of interest to be charged not 
 exceeding 20 per cent, in case of any instrument or contract for loan or forbear- 
 ance of money. No incorporated banking institution is entitled to receive 
 more than the rate of interest named in its charter ; and if no rate be specified 
 therein, no more than 6 per centum can be demanded upon any loan or discount 
 made by them. 
 
 STATE OF KENTUCKY. 
 
 EXEMPTION LAWS. 
 Personal Property : 1 yoke of oxen ; 1 work horse ; 1 plough with its gear : 
 1 axe, 1 hoe ; 2 cows and calves ; 2 bedsteads, beds, and bedding ; all wearing 
 
318 APPENDIX. 
 
 apparel; 1 loom, spiiming-wheels, and cards ; all the spnn-yarn, cloth, and car- 
 peting manufactured by the family, and necessary for its use ; 1 pot, oven, 
 coffee-pot, tea-pot ; 6 each of table knives, forks, cups, saucers, plates, and 
 chairs, the chairs not to exceed $8 in value ; cooking-stove and other cooking 
 utensils to the value in all of $25 ; 10 sheep ; provisions sufficient for the sup- 
 port of the family for 1 year ; 1 saddle and bridle, with their appendages ; and 
 the Family Bible. 
 
 A debtor may surrender any of the articles specifically exempted, and retaiu 
 others of equal value ; the value to be determined by two disinterested house- 
 holders selected by the officer. 
 
 There is no homestead exemption in this State, 
 
 LIEN LAWS. 
 The lien enactments of this State are varied and incomplete, and permanent 
 only in certain localities and counties. In the towns of Bowling Green, Bran- 
 denburgh, Covington, Frankfort, Hickman, Lexington, Louisville, Maysville, 
 Newport, Owensboro', Paducah, Eussellville, and Smithland, and the coun- 
 ties of Calloway, Jefferson, and Marshall, any person laboring, or furnishing 
 materials for constructing, altering, or repairing any building, has a lien therefor 
 upon the same, and on the land necessarily connected therewith. To render 
 the lien binding, however, he must file the particulars and amount of his claim, 
 and also a description of the property, and its location, in the clerk's office of 
 the county where the same is situated, within 6 months from the time when 
 Buch labor is performed or furnished, or such materials furnished. In Paducah, 
 and some other of the above-named towns, the lien may be enforced by insti- 
 tuting a suit for the amount of the claim any time within 12 months. 
 
 COLLECTION LAWS. 
 Attachments may issue for the recovery of money on a contract where the 
 action is against one or more defendants, who, or some one of whom, reside out 
 of the State ; or been absent from the State during a period of 4 months ; or 
 has departed from the State with intent to defraud his creditors ; or has left 
 the county in which he usually resides, for the purpose of avoiding process; 
 or conceals himself that summons cannot be served on him ; or who is about 
 to remove his property, or some portion of it, from the State, not leaving suffi- 
 cient to satisfy the claims of plaintiff ; or who has or is about to dispose of his 
 property with intent to defraud his creditors. Security must be given by the 
 plaintiff to satisfy the defendant's damages, if it be proved that the order was 
 wrongfully obtained. 
 
 LIMITATION LAWS. 
 
 Actions which miist he commenced within 15 years after the cause of action 
 accrued. — All actions on judgments and decrees of court. 
 
 Within 10 years. — All actions on the official bonds of a sheriff or other public 
 officer, or his deputy ; on the official bond of a personal representative, guar- 
 dian, or committee ; on bonds for appeals, attachments, injunctions, and orders 
 for arrest, or for the delivery of property ; on bonds for costs ; on bonds for 
 replevin ; on bonds for sale and delivery, taken under execution or warrant of 
 distress ; and on bonds to suspend sale or proceeding under a distress warrant 
 or execution. 
 
ETC. — LOUISIANA, 319 
 
 Within 5 years. — All actions on simple bonds or contracts ; for trespass on 
 real estate ; for taking, detaining, or injuring personal property ; for recovering 
 personal property ; on bills of exchange, promissory notes, checks, drafts, and 
 orders ; accounts between merchants concerning trade in merchandise, and 
 actions for relief on ground of fraud. 
 
 Within 1 year. — All actions for injury to the person of plaintiff or his wife, 
 child, ward, or servant, other than a slave ; for malicious prosecution or arrest ; 
 for seduction or breach of promise of marriage : libel and slander ; for the care- 
 lessness of sheriff or his deputy, and for accounts between retail merchants -and 
 consumers. 
 
 INTEEEST LAWS. 
 
 The rate of legal interest is 6 per cent. ; all contracts for an increased rate 
 are void. 
 
 STATE OF LOUISIANA. 
 
 EXEMPTION LAWS. 
 
 Personal Property. — The clothes, bed and bedding of the debtor and his 
 family ; his arms and accoutrements ; household furniture to the amount of 
 $250 ; the family library, portraits, and pictures ; and the working tools, in- 
 struments, and apparatus necessary to the exercise of the debtor's trade or pro- 
 fession, are exempt, except from execution on a demand for the purchase money. 
 Wages and compensation due for services earned within 31 days preceding the 
 issuing of any seizure, attachment, or garnishment against a debtor, to any 
 amount sufficient for the necessary support of any person having a family for 
 which he provides, are also exempt, except on an execution for aliinony fur- 
 nished to the debtor or his family, or for, rent of the premises occupied by them 
 at the time. 
 
 Seal Estate. — The lot and building thereon, to the value of $1,000, and 
 occupied as a residence, and owned by a debtor having a family, is exempt, 
 except from sale for taxes or for the purchase money, or for debt contracted 
 prior to the recording of the exemption. But no debtor is entitled to this ex- 
 emption whose wife owns in her own right, and is in the actual enjoyment of, 
 property exceeding $1,000 in value. 
 
 LIEN LAWS. 
 Any person laboring, furnishing labor, or supplying materials for construct- 
 ing, altering, or repairing any building, has a lien therefor on the same. If the 
 claim is over $500, and founded on a written contract, the latter, or an attested 
 copy thereof, must bo filed in the clerk's office of the parish where the property 
 is situated, within 30 days after the date of such contract. If the claim be less 
 than $500, and is not founded on labor done, or materials furnished on a writ- 
 ten contract, the lien is equally good, but only for 6 months, when it becomes 
 lost unless the holder shall have previously commenced an action for the re- 
 covery of his claim. If, however, the order for the labor or materials is from 
 the contractor, and he shall have been paid by the owner according to contract, 
 
320 APPENDIX. 
 
 then no action for the recovery of the debt can be instituted against the owner, 
 who has already paid. But if the owner shall not have paid the contractor, 
 then the moneys due the contractor may be seized for the benefit of the lien- 
 holders. 
 
 Workmen on a vessel have a lien for all moneys due them for labor on the 
 same, whether the order for such labor is in writing or not ; but such lien is 
 lost if they allow the vessel to leave port without enforcing the lien by an 
 action. All claims and contracts for labor or materials furnished must, to en- 
 force a lien, be filed in the office of the Recorder of Mortgages. 
 
 COLLECTION LAWS. 
 Females and non-residents are exempt from arrest on civil contracts in this 
 State. A debtor can be arrested before judgment, upon affidavit that he is 
 about to quit the State, without leaving in it sufficient property to satisfy the 
 judgment which the creditor expects to obtain. After judgment, he cannot be 
 arrested to compel payment thereof. When a. creditor believes that 9, third • 
 person has in his possession certain property belonging to his debtor, he may 
 cite such person to declare on oath what property he has in his possession be- 
 longing to the defendant, and to what amount he is indebted to said defendant, 
 notwithstanding the debt is not fully due. Attachments may issue against the 
 property of a debtor when it shall appear that he is about to quit the State, or 
 where he has already left the State, never to return, or in case he resides out 
 of the State ; or where he secretes himself to avoid process. A debtor's property 
 may also be attached in the hands of third persons to secure payment of a debt, 
 whether the amount be liquidated or not, provided the time of payment has 
 arrived, and the creditor state expre.ssly and positively the amount which he 
 claims. But plaintiff, in conjunction with one good and solvent surety, residing 
 within the jurisdiction of the court to which the petition for attachment is pre- 
 sented, must give security for the payment of any damages which may ensue, 
 should it be decided that the attachment was wrongfully obtained. 
 
 LIMITATION LAWS. 
 
 Actions iffhich, must he commenced within 30 years after the cause of action 
 accrued. — All actions relative to the recovery of lands. 
 
 Within 5 years. — All actions on bills of exchange, and accounts between 
 merchants relative to merchandise. 
 
 Within 3 years. — All actions for arrearages of rent, annuities, alimony, and 
 hire of movables or immovables ; for the payment of loaned money,, salaries 
 of overseers, clerks, secretaries, and school-teachers ; and for the payment of 
 physicians', surgeons', and apothecaries' bills. 
 
 Within! year. — All actions for slander; libel; trespass on leased premises ; 
 for delivery of merchandise on board vessels ; for damage sustained by mer- 
 chandise on board of vessels ; for monthly lessons by instructors ; claims by 
 innkeepers, and others, on account of board and lodging ; all accounts between 
 retail merchants and consumers ; all claims by workmen, laborers, and servants ; 
 all claims by officers and sailors ; and all bills for the supply of materials for 
 the construction, equipment, and provisioning of vessels. 
 
 INTEREST LAWS. 
 The rate of legal interest is 5 per cent., but parties contracting may-agree 
 
EXEMPTION, LIEN LAWS, ETC. — JIAINB. 321 
 
 upon any rate not to exceed 8 per cent. Bank rates are 6 per cent. Usurious 
 contracts forfeit principal and interest. 
 
 STATE OF MAINE. 
 
 EXEMPTION LAWS. 
 
 Personal Property. — The wearing apparel of the debtor and his family ; 1 
 bedstead, bed, and necessary bedding for every 2 persons in the family, and 
 other household furniture, to the value of $50 ; the tools necessary for the 
 debtor's trade or occupation ; all the Bibles and school-books in actual use in 
 the family, and 1 copj' of the State Statutes ; stoves used exclusively for warm- 
 ing buildings ; 1 cow and 4 heifers, till she become 3 years old ; 2 swine, 1 of 
 which shall not weigh more than 100 lbs ; (and when the debtor owns a cow 
 and a heifer more than 3 years old, or 2 swine, each weighing more than 100 
 lbs., he may elect the cow or the heifer, or either of the swine, to be exempted; 
 10 sheep-and the wool from them ; 30 cwt. of hay for the cow and 2 tons for 
 the sheep, and a sufficient quantity for the heifer, proportioned to its age ; the 
 produce of farms while standing and growing, and until harvested, and suffi- 
 cient corn and grain for the sustenance of the debtor and his family, not exceed- 
 ing 30 bushels ; 1 pew in any meeting-house where he and his family statedly 
 worship ; all potatoes raised or purchased for the consumption of himself and 
 family ; fire-wood, not exceeding 12 cords, conveyed to his house for his use ; 
 1 boat, not exceeding 2 tons burden, being owned wholly by an inhabitant of 
 the State, and usually employed in the fishing business ; 1 cart of the value of 
 $25 ; 1 harrow, $5 ; 1 plough, $10 ; 1 cooking-stove, $35 ; anthracite coal, 5 
 tons ; bituminous coal, 50 bushels ; and all charcoal on hand ; 1 pair of bulls, 
 steers, or oxen, together with hay enough to keep them through the winter ; 1 
 ox-yoke, with bows, ring, and staple, to the value of $3 ; 2 chairs, $3 each ; 1 
 ox-shed, $10 ; 1 or 2 horses instead of oxen, to the value of $100 ; 1 barrel of 
 flour, and $10 worth of lumber, wood, or bark ; also a lot of land, not exceed- 
 ing half an acre, used solely as a burying-ground ; 1 sewing-machine, worth not 
 over $100, kept for actual use by debtor or his family ; all flax raised on one- 
 half acre of ground, for use of producer and family, and all articles manufac- 
 tured therefrom. 
 
 Seal Estate. — The head of any family, or any householder wishing to exempt 
 his homestead, consisting of a. lot of land with dwelling-house and outbuildings 
 thereon, may file a certificate signed by himself, which shall declare his wish 
 and describe his homestead, 'with the register of deeds for the county wherein 
 his homestead lies ; and so much of the property as does not exceed $500 in 
 value shall be forever exempt from liability for any debt contracted after the 
 recording of the certificate. The widow and minor children of any person 
 deceased who held property thus exempt may continue to hold the premises 
 exempt during the minority of the children, or while the widow remains single. 
 
 LIEN LAWS. 
 All mechanics working on a vessel finished, or on the stocks, shall have a 
 lien on such vessel until 4 days after such vessel is launched and ready for 
 21 
 
322 APPEJTDIX. 
 
 sailing, and may secure the same by an attachment, which takes precedence of 
 all other attachments. 
 
 Any person performing labor or furnishing materials for erecting, altering, 
 or repairing any house or other building, by order of the owner thereof, shall 
 have a lien upon the same for 90 days from the time such payments became 
 due, to secure the payment for such labor or materials. He may secure the 
 same by an attachment, which takes precedence of all other attachments. 
 
 COLLECTION LAWS. 
 
 A debtor within the State may be arrested on any judgment or contract 
 amountiiig to or exceeding tlie sum of $10, if about to leave the State, and it 
 can be proven that the debtor has means more than sufficient for his immediate 
 use. 
 
 LIMITATION LAWS. 
 
 Actions which must he commenced within 6 yea/rs after the ccmse of action 
 accrues. — Actions of debts on contract not under seal ; for arrears of rent ; for 
 waste, trespass on land, replevin, and all other actions for detention and injury 
 to goods ; and all causes for action founded on contract or liability. 
 
 Within 4 years. — All actions against sheriff. 
 
 Within 2 years. — All actions for assault and battery, false imprisonment, slan- 
 der, and libel. 
 
 Within 1 year. — Actions against endorser of writ on judgment, in the original 
 action. 
 
 Cause of action accrues, in cases of open account, from the date of the last 
 dtem proved. 
 
 All personal actions not limited by the above provisions may be brought 
 within 20 years after cause of action accrues. Minors, married women, persons 
 out of the United States, insane, or imprisoned, may bring actions within the 
 times above limited, after such disability is removed. If, at the time a cause 
 of action accrues against any person, he shall be out of the State, the action 
 may be commenced within the time above limited after his return to the State. 
 No action for the recovery of lands can be commenced against any person who 
 has been in open, peaceable, and exclusive possession of the same for more than 
 40 years. 
 
 INTEREST LAWS. 
 
 The rate of legal interest is 6 per cent. ; but contracting parties may agree 
 upon a rate not exceeding 8 per cent. Banking institutions are permitted to 
 charge but 6 per cent, upon discounts. Usury works a forfeiture of the princi- 
 pal and interest. 
 
 STATE OF MARYLAND. 
 
 EXEMPTION LAWS. 
 Personal Property. — Wages of any laborer, or employg, in the hands of the 
 employer, are exempt to the amount of $10. Wife's earnings, not exceeding 
 $1,000, may be held for her own use, and exempted from liability for the debts 
 
EXEMPTION, LIEN LAWS, ETC. — MARYLAND. -323 
 
 of the husband ; corn for necessary maintenance ; bedding, gun, ax, pot, and 
 laborer's necessary tools, and such household implements, ammunition, &o., 
 requisite for subsistence, are also exempt. 
 
 Beal Estate. — Eeal estate acquired by marriage is not liable to execution, 
 during the life of the wife, for debts of the husband. 
 
 LIEN LAWS.* 
 
 Any person furnishing labor or materials for constructing, altering, or re- 
 pairing a building has a lien therefor upon the same, and takes the land neces- 
 sarily connected therewith. This Hen takes precedence of all others that may 
 subsequently attach. It may be enforced by serving on the owner of the prop- 
 I erty, or his legal representative, within 30 days after the performance of such 
 labor or furnishing such materials, a specification of the work done or the ma- 
 terials furnished, and stating the price agreed to be paid therefor, together with 
 notice of his intention to claim the benefit of such lien. If a copy of this state- 
 ment be filed in the clerk's office of the county, the lien takes effect from the 
 time of such filing, and remains in force 6 months, when it expires, unless legal 
 action is previously institute to secure the collection of the debt. 
 
 COLLECTION LAWS. 
 
 Imprisonment for debt does not exist in this State. Any creditor may, on a 
 judgment, attach the real or personal estate, or rights in and of action of his 
 debtor. If the debtor is not a citizen of the State, and does not reside therein, 
 or if he is a fugitive from justice, or has removed from his usual residence, with 
 intent to injure or defraud his creditors, the latter may obtain an attachment 
 against his property, real and personal, and also against his rights in action. 
 
 LIMITATION LAWS. 
 
 Actions which must he commenced within 3 years after the cause of action 
 accrued. — All actions of trespass on land, detinue, trover, replevin, contract, 
 account, loans, non-residents, contracts without specialty, and arrearages of 
 rent. 
 
 Within 1 year. — All actions relative to slander, assault, battery, wounding, 
 and imprisonment. 
 
 Any person absenting himself from the State, or removing from, one county 
 to another, to the hindrance and injury of his creditors, cannot receive any 
 benefit from the law. , 
 
 Minors, married women, lunatics, and prisoners, may commence actions within 
 the times respectively limited, after their disability is removed. 
 
 INTEREST LAWS. 
 
 The rate of legal interest is 6 per cent.; agreements made in contemplation of 
 an excess of that rate are void. 
 
 *There appears to ba but little permanency of the laws of Maryland as to mechanics' lion, except 
 in Baltimore, whore they principally apply.— ^. 
 
324 APPENDIX. 
 
 STATE OF MASSACHUSETTS. 
 
 EXEMPTION LAWS. , 
 
 Personal Property. —All necessary wearing apparel of the debtor and his family ; 
 1 bedstead, bed, and the necessary bedding for every two persons in the family; 
 1 iron stove in use in the dwelling-house, and fuel to the value of |lO, de- 
 signed for the use of the family ; other necessary household furniture, to the 
 value of $100 ; the Bibles and school-books used in the family ; 1 cow, 6 sheep, 
 not exceeding $30 in value, 1 swine, and 2 tons of hay ; the tools and imple- 
 ments of the debtor necessary for carrying on his trade or business, and not 
 exceeding $50 in value ; the materials and stock in trade for carrying on his 
 business, not beyond $50 ; the uniform, arms, and accoutrements required by 
 law, belonging to a member of the militia ; ammunition and provisions in- 
 tended for the use of the family, not exceeding $50 in value, and rights oi 
 burial and tombs while in use as repositories for the dead. 
 
 Seal Estate. — There are exempt, to the value of $800, the lot and buildings 
 thereon owned and occupied as a residence by the debtor, or the buildings so 
 occupied and owned, situated on land in the rightful possession of the debtor 
 and his family, by lease or otherwise. Such exemption can only be released by 
 deed, acknowledged and recorded as in case of conveyances of real estate. The 
 exemption continues, after death of the debtor, for the benefit of the widow and 
 children, if some of them continue to occupy it, until the youngest child is 
 21, and until the marriage or death of the widow. To entitle property to 
 such exemption, the owner must have set forth his intention to hold the 
 same as a homestead in his deed of purchase, or must declare his intention in 
 writing, and have it recorded in the registry of deeds in the county wherein the 
 land is situated. Such property, however, is not exempt from levy for taxes, 
 or for the purchase-money, or for the ground- rent of the lot whereon the build- 
 ings are situated, or for any debt contracted previously to the recording of the 
 intention to hold the property as a homestead. No conveyance of exempted 
 property by a married man is valid unless the wife joins in the conveyance. 
 
 If a judgment creditor requires an execution to be levied on property which 
 the debtor claims as exempt, and the officer thinks that the property exceeds 
 $800 in value, then appraisers are to be appointed, as in case of the levy of 
 executions on real estate. If, in their judgment, the premises exceed in value 
 $800, and can be divided without injury, they shall set-off to the judgment 
 debtor as much of the premises, including the house, as appear to them to be of 
 the value of $800, and the remainder of the property shall be dealt with as 
 other real property not exempt from execution. But if they think it cannot be 
 conveniently divided, they shall make and deliver to the officer their appraisal, 
 and the sheriff or his deputy shall deliver a copy to the judgment debtor or to 
 the lawful occupant of the homestead. If the judgment debtor does not then, 
 within 60 days, pay on the execution the excess of the value of the premises 
 above the sum of $800, the creditor may require the premises to be sold by the 
 sheriff, and from the proceeds the officer must pay to the debtor the sum of $800, 
 to be exempt from execution for one year thereafter, and apply the balance 
 upon the execution. But the premises shall not be sold unless more than ! 
 
EXEMPTION, LIEN LAWS, ETC. — MASSACHUSETTS. 325 
 
 are bid. If so large a bid cannot be obtained, the execution may be returned 
 unsatisfied. 
 
 LIEN LAWS. 
 
 Any person furnishing labor or materials for constructing, repairing, altering, 
 or- equipping any vessel, shall have a lien therefor Upon the same, and such lien 
 shall take precedence of all other liens except seamen's wages. When, however, 
 the vessel departs Irom the port where the debt was contracted, to some other 
 port within the State, such debt shall cease to be a lien at the expiration of 20 
 days from her departure ; and in all oases such debts shall cease to be a lien 
 after the vessel shall have arrived at any port out of the State. 
 
 Any person who shall actually perform labor in erecting, altering, or repair- 
 ing any structure upon real estate, or shall furnish materials actually used for 
 the same, by virtue of any contract with, or consent of the owner thereof, or 
 any other person having authority or acting for such owner to procure labor or 
 furnish materials in his behalf, shall have a lieu upon such structure, and on the 
 interest of the owner of the structure, in the lot of land upon which the same is 
 situated, to secure the payment of the amount due to him for such labor or 
 materials. Such lien shall be dissolved unless the person who may desire to 
 avail himself thereof shall, within 30 days after he shall cease to labor on, 
 or furnish materials for such structure, file with the clerk of the town in which 
 the same is situated a statement of a just and true account of the amount due 
 to him, with all just credits given, together with- a description of the property 
 intended to be covered by the lien, sufficiently accurate for identification, with 
 ■ the name of the owner of the property, if known, which certificate shall be 
 subscribed and sworn to by the person claiming the lien, or by some one in his 
 behalf. Such lien shall be dLssolved at the expiration of 90 days from the 
 day it is recorded, unless suit shall hav^been commenced within that time for 
 the amount of the debt. 
 
 Where persons have performed labor on a vessel or building, they may all 
 join in the same petition for their respective liens, and the same .proceedings 
 shall be had in regard to the rights of each as if they had petitioned individually. 
 
 Such liens may be enforced by a petition to the county court of the county 
 where the property to which the lien attaches is situated. 
 
 When the amount of the claim does not exceed $100, the lien may be en- 
 forced by petition to a justice of the peace or police court ; and such justices 
 and courts shall have like power and authority within their jurisdiction as are 
 herein conferred upon the superior court of the county, with like rights of ap- 
 peal to the parties as exist in other civil cases. 
 
 Whether filed as a petition, or inserted in a summons, the petition shall con- 
 tain a brief statement of the contract on which it is founded, and of the amount 
 due thereon, with a description of the premises subject to a lien, and all other 
 material facts and circumstances ; and shall pray that the premises may be 
 sold, and the proceeds of the sale be applied to the discharge of the demand. 
 
 COLLECTION LAWS. 
 
 A party about to leave the State, pending a suit agaiinst him for $10 or up- 
 ward, may be arrested and held to bail. If he have any property in addition 
 to that exempt from attachment at common law, it may be attached, and held 
 
326 APPENDIX. 
 
 as security for the satisfaction of such judgment as his creditors may obtain 
 against him, 
 
 LIMITATION DAWS. 
 
 Actions which must he commenced within 20 years after the cause of action 
 accrued. — All actions for arrearages of rent, waste, tresspass on land, replevin, 
 and actions for taking, detaining, or injuring goods or chattels. 
 
 Within 4 years. — Actions against sheriffs for the negligence or misconduct 
 of their deputies. 
 
 Within 2 years. — Actions for assault and battery, false imprisonment, slander 
 and libel. 
 
 Several of the foregoing provisions do not apply to any action on a promis- 
 sory note signed in the presence of an attesting witness, provided the action be 
 brought by the original payee, or his executor or administrator ; nor to any 
 action brought on any bill, note, or other evidence of debt issued by any bank. 
 
 In all actions of debt brought to recover the balance due upon an account 
 current, the cause of action accrues at the time of the proof of the last item in 
 the same. 
 
 If any person entitled to bring any of the foregoing actions, is at the time 
 when the cause of action accrues a minor, a married woman, a lunatic, impris- 
 oned, or absent from the United States, such person may commence suit within 
 the times respectively limited, after disability shall be removed. 
 
 All personal actions on contract not limited by the foregoing, or by any other 
 law of the State, may be brought within 20 years. In case the defendant is out 
 of the State, the time of such absence is not to be computed. 
 
 INTEREST LAWS. 
 The rate of legal interest is 6 per centum per annum. The defendant in an 
 action brought to recover, upon a contract in which a usurious rate is demanded 
 or has been taken, is entitled, if defence is maintained, to recover costs and three- 
 fold the amount of interest unlawfully taken. 
 
 STATE OF MICHIGAN. 
 
 EXEMPTION LAWS. 
 
 Personal Property. — All spinning-Wheels and weaving-looms, and necessary 
 apparatus ; stoves kept for use ; the pew occupied by the debtor and his family . 
 all rights of burial ; the arms and accoutrements required by law ; the wearing 
 apparel of the family ; the library and school-books to the value of $150 ; all 
 family pictures ; 10 sheep, with their fleeces, and the yarn or cloth manufac- 
 tured therefrom ; 2 cows, 5 swine, and provisions and fuel for the subsistence 
 of the debtor and his family for 6 months ; household goods, furniture, and 
 utensils, to the value of $250 ; hay, grain, &c., enough to keep properly for 6 
 months the above-mentioned stock ; and the tools, implements, materials, stock, 
 apparatus, team, harness, or other things to enable any person to ca.rry on his 
 profession or trade. The property, however, with the exception of mechani- 
 cal tools and implements of husbandry, is not exempt from execution on de- 
 
EXEMPTION, LIEN LAWS, ETC. — MICHiaAN. 327 
 
 mand for the purchase-money. By the State constitution, such personal prop- 
 erty as is designated by law shall be exempted, to the amount of not less than 
 $500, from execution for any debts contracted after January 1, 1851. Any 
 chattel mortgage, bill of sale, or lisn, on exempt property, is void, unless signed 
 by the wife.' 
 
 Seal Estate, — Any quantity of land not exceeding 40 acres, if not included 
 in any recorded town-plot, city, or village, or one lot, if within any such, with 
 the house and its appurtenances thereon, owned and occupied by a resident of 
 the State, and the whole not exceeding $1,500 in value, is exempt. This 
 exemption, however, does not extend to any mortgage on the homestead law- 
 fully obtained ; but no mortgage or other alienation of the homestead by the 
 owner, if a married man, is valid, without the signature of his wife, except the 
 mortgage is given to secure the payment of purchase-money. Such a home- 
 stead is exempt after the death of the owner during the minority of his chil- 
 dren ; if he has no children, but leaves a widow, it shall be exempt, and the 
 rents and profits thereon shall accrue to her during her widowhood; unless she 
 is the owner of a homestead in her own right. But the children or widow must 
 occupy the homestead to have the benefit. 
 
 Where a levy is made upon the lands and tenements of a householder whose 
 homestead has not been selected or set apart, the householder may notify the 
 officer of what he regards as his homestead, with a description thereof, and only 
 the remainder shall be subject to sale. If the plaintiff is dissatisfied with the 
 property set apart, the officer making the levy shall have the homestead sur- 
 veyed, beginning at a point designated by the owner, and shall set off in a 
 compact form, including the dwelling-house and its appurtenances, the amount 
 of land constituting by law a homestead, as specified above ; the expenses of the 
 survey shall be charged and collected on the execution. After the survey has 
 been made the officer may sell the property levied on, and not included in the 
 homestead, as he would any other real estate. Any person owning and occupy- 
 ing a house situated on land not his own, and claiming it as his homestead, 
 shall be entitled to exemption. 
 
 LIEN LAWS. 
 Any person furnishing labor or materials for constructing, altering, or repair- 
 ing any building, shall have a lien therefor on the same when such labor is 
 done, or the materials furnished, under a written contract, signed by the owner 
 or his agent, and the contract recorded in the clerk's office of the county where 
 the property is situate. The lien ceases at the expiration of 6 months, unless 
 a suit shall previously be commenced to enforce it. 
 
 COLLEOTION LAWS. 
 A debtor may be held to bail when it can be shown that he is about remov- 
 ing any portion of his property out of the jurisdiction of the court in which suit 
 is brought, with intent to defraud his creditors ; that he has property or rights 
 in action, or some interest in any public or corporate stock, or money, or evi- 
 dence of debt, which he unjustly refuses to apply in satisfaction of such judg- 
 ment as may have been rendered against him ; that he fraudulently conceals 
 Buch property ; that he has removed, assigned, or otherwise disposed of, or is 
 about to remove, assign, or dispose of any of his property, or rights in action, 
 
328 APPENDIX. 
 
 with intent to defraud his creditors ; that he fraudulently contracted the debt 
 in respect to which the suit is instituted; that he resides without the State, 
 and has done so for a period of 3 months immediately preceding the time 
 of making application for the attachment; or that defendant is a foreign 
 corporation. 
 
 LIMITATION LAWS. 
 
 Actionj which must be commenced within 10 years after the cause of action 
 accrued. — All actions for the recovery of real estate, and actions founded on 
 contracts, and instruments under seal. 
 
 Within 6 years. — All actions of debt founded on contract or liability not 
 under seal ; on judgments and decrees rendered in all courts other than those 
 of any court of record of the State, or of any other State ; for arrears of rent ; 
 actions founded on contract or liability, express or implied ; of waste, replevin, 
 and trover ; and all other actions for taking, detaining, or injuring goods or 
 chattels. 
 
 Within 2 years. — All actions for trespass on land, assault and battery, false 
 imprisonment, slander, and libel. 
 
 Minors, married women, lunatics, prisoners, or persons out of the United 
 States, are entitled to the same periods, after disability is removed. 
 
 In case of open account, the cause of action accrues at the time of proof of 
 the last item. 
 
 The foregoing limitations do not apply to notes issued as money by banks or 
 money corporations. 
 
 When a party against whom there is a cause of action is absent, or leaves the 
 State, the time of such absence is not computed. 
 
 In actions on contract, no promise or acknowledgment shall take a case out 
 of the statute, unless the same is in writing. 
 
 INTEREST LAWS. 
 The rate of legal interest is 7 per cent.; but contracting parties may agree 
 upon a higher rate; contracts are not void by usury beyond the usurious 
 
 STATE OP MINNESOTA. 
 
 EXEMPTION LAWS. 
 Personal Property. — The family Bible, family pictures, school-books or library, 
 and musical instruments for use of family ; a seat or pew in any place of public 
 worship ; a lot in any burial-ground ; all wearing apparel of the debtor and his 
 family ; all beds, bedsteads, and bedding, kept and used by the debtor and his 
 family ; all stoves and appendages ; all cooking utensils, and all other house- 
 ■ hold furniture not herein enumerated, not exceeding $500 ; 3 cows, 10 swine, 1 
 yoke of oxen, and 1 horse in lieu of 1 yoke of oxen and a horse, a span of 
 horses or mules, 20 sheep and the wool from the same, either in the raw material 
 or manufactured into yarn or cloth ; the necessary food for all the stock men- 
 tioned in this section for 1 year's support, either provided or growing, or both, 
 
EXEMPTION, LIEN LAWS, ETC. — MINNESOTA. -329 
 
 as the debtor may ohoOse; also 1 wagon, cart, or dray, 1 sleigh, 2 ploughs, 1 
 drag, and other farming utensils, including tackle for teams, not exceeding $300 
 in value ; the provisions for the debtor and his family necessary for 1 year's 
 support, either provided or growing, or both, and fuel necessary for 1 year ; 
 the tools and instruments of any mechanic, minor, or other person, used and 
 kept for the purpose of carrying on his trade or business, and in addition thereto, 
 stock in trade not exceeding $400 in value ; the library of any professional man ; 
 all of which articles hereinbefore intended to be exempt shall he chosen by the 
 debtor, his agent, clerk, or legal representative, as the case may be. 
 
 Nothing in this act shall be so construed as to exempt any property in the 
 State from execution or attachment for clerks', laborers', or mechanics' wages. • 
 
 Heal Estate. — Any quantity of land not exceeding 80 acres, and the 
 dwelling-house thereon, and its appurtenances, to be selected by the owner 
 thereof, and not included in any incorporated town, city, or village, or instead 
 thereof, at the option of the owner, a quantity of land not exceeding in amount 
 1 lot, being within an incorporated town, city, or village, and the dwelling- 
 house thereon and its apppurtenanoes, owned and occupied by any resident 
 of the State, shall not be subject to attachment, levy, or sale upon execu- 
 tion or any other process, issuing out of any court in the State. The law shall 
 be deemed and construed to exempt such homestead in the manner aforesaid, 
 during the time it shall be occupied by the widow, or minor child or children, 
 of any deceased person, who was, when living, entitled to the benefits of the 
 same. This exemption, however, does not extend to any mortgage thereon, 
 lawfully obtained ; but such mortgage or other alienation of such land by the 
 owner thereof, if a married man, shall not bo valid without the signature of the 
 vfife to the same, unless such mortgage shall be given to secure the payment of 
 the purchase-money or some portion thereof. 
 
 LIEN LAWS. 
 
 Any person laboring on, or furnishing labor or materials for constructing, 
 altering, or repairing any structure, shall have a lien upon the same, and also 
 upon the land attached thereto, for the term of twelve months, provided such 
 land shall not exceed 40 acres ; or if within the limits of any city, town, or 
 village, 1 acre ; and such lien shall take precedence of all other liens subse- 
 quent to the construction, alteration, or repairing o,f such building. The debt for 
 services or materials, as aforesaid, shall not remain a lien on such land or build- 
 ing for a longer period than 60 days after the person performing such services, 
 or furnishing such materials, has ceased so to do, unless he shall file with the 
 Register of Deeds of the county in which said building is situated a certificate, 
 in writing, describing the premises, the amount claimed as a lien thereon, and 
 the date of the commencement of the claim, which certificate shall be recorded 
 by the Register of Deeds. Nor shall the debt for services or material, as afore- 
 said, remain a lien on such land or building, for a longer period than 1 year 
 after such certificate in writing has been so filed with the Register of Deeds, 
 unless an action for the recovery thereof be instituted within the said year. 
 The plaintiff may, at any time after filing his certificate as above provided, serve 
 a summons and notice on the defendant, and proceed to judgment as in other 
 actions ; but the lien thereby created shall cease to exist after the expiration of 
 one year from the time the labor was performed, or the materials furnished, un- 
 less a summons be issued and served within that time. 
 
330 APPBNBIX. 
 
 COLLECTION LAWS. 
 
 The constitution of the State expressly forbids the arrest of any person for 
 debt. Attachments can be issued only against a debtor when the plaintiff or 
 complainant shall seek to charge the defendant with frg,ud, the concealment of 
 goods, property, or money, or with bad faith, touching any pecuniary or busi- 
 ness transaction. Such plaintiff or complainant shall, in all such cases, be left to 
 his suit against the defendant, in and by which, in his pleadings, he shall 
 charge the defendant with such fraud, concealment, &c., in as clear and distinct 
 a manner as the case shall permit, to which the defendant shall answer or plead, 
 and the facts arising or elicited upon such pleadings, and the accompanying 
 evidence, shall be submitted to the jury, as in criminal cases. The plaintiff, in 
 an action to recover the possession of personal property, may, at the time of 
 issuing the summons, or at any time before answer, claim the immediate deliv- 
 ery of such property. When a delivery is claimed, an affidavit must be made 
 by the plaintiff, or by some one in his behalf, setting forth : — First, That the 
 plaintiff is the owner of the property claimed, (particularly describing it,) or is 
 lawfully entitled to the possession thereof, the facts in respect to which must be 
 set forth. Second, That theproperty is wrongfully detained by the defendant. 
 Third, The alleged cause of the detention thereof, according to his best knowl- 
 edge, information, and belief Fourth, The actual value of the property. The 
 plaintiff may, thereupon, by indorsement in writing upon the affidavit, require 
 the sheriff of the county wherein the property is to take the same from defend- 
 ant and deliver it to the plaintiff. 
 
 LIMITATION LAWS. 
 
 Actions which must he coimnenced within 20 years after the cause of action 
 accrued. — All actions for the recovery of real estate. , 
 
 Within 10 years.— All actions on a judgment or decree of any court of the 
 United States, or court of any State or Territory of the United States. 
 
 Within 6 years. — All actions upon contracts or other obligations, expressed 
 or implied, excepting those mentioned in the last preceding section ; all actions 
 for trespass upon real property; all actions for taking, detaining, and injuring 
 personal property, including actions for the specific recovery thereof ; all actions 
 for criminal conversation, or for other injury to the person or rights of another 
 not arising on obligation, and not hereinafter enumerated. All actions for 
 relief, or on the ground of fraud ; the cause of action in such cases not to be 
 deemed to have accrued until the discovery by the aggrieved party of the facts 
 constituting the fraud. 
 
 Within 3 years. — All actions against a sheriff, coroner, or constable, upon the 
 liability by the doing of an act in their official capacity, or by the omission of 
 their official duty, including the failure to pay moneys collected upon an exe- 
 cution. 
 
 Within 2 years. — All actions for libel, slander, assault and battery, or false 
 imprisonment. 
 
 Within 1 year. — All actions against a sheriff, or other officer, for the escape 
 of a person arrested or imprisoned by a civil process ; all actions brought to 
 recover the balance due upon an account current. The cause of action accrues at 
 the time of the proof of the last item. 
 
EXEMPTION, LIEN LAWS, ETC. — MISSISSIPPI. 331 
 
 INTEREST LAWS. 
 The rate of legal interest is 7 per qent.; any rate may be taken if previously 
 agreed upon in writing ; all judgments, after entry of the same, draw 20 per 
 cent, per annum. 
 
 STATE OF MISSISSIPPI. 
 
 EXEMPTION LAWS. 
 
 Personal Property. — The tools of a mechanic necessary for carrying on hia 
 trade ; the agricultural implements of a farmer necessary for 2 inale laborers ; 
 the books of a student required for the completion of his education ; the wear- 
 ing apparel of each person ; the arms and accoutrements of each person, of the 
 enrolled militia of the State ; all globes, books, and maps ; also 1 work horse, 
 4 cows and calves, 20 head of stock hogs, 150 bushels of corn, 20 bushels of 
 wheat or rice, 8 cwt. of pork or bacon, 1 yoke of oxen, 1 cart or wagon, house- 
 hold furniture, to be selected by the debtor, not to exceed $250 in value. ' And 
 if any sheriff or officer shall levy on or seize any property exempt from execu- 
 tion, he shall be liable to an action of trespass on the case, at the suit of the 
 debtor, for all damages sustained thereby. 
 
 Meal Ustate. — Every white citizen of this State, male or female, being a- 
 householder and having a family, shall be entitled to hold exempt from seizure 
 or sale, under any execution, judgment, or decree, founded on any contract 
 made or liability incurred after this act (passed in the year 1857) shall take 
 effect, the land and buildings owned and occupied as a residence by such debtor, 
 provided the quantity of land shall not exceed 160 acres, nor the value thereof 
 the sum of $1,500, inclusive of improvements; and such exemption shall con- 
 tinue after the death of such householder, for the benefit of the widow and fam- 
 ily of the deeeased, some or one of them continuing t» occupy such homestead 
 until the youngest child shall become 21 years of age, and until the death of 
 the widow. No property shall be exempt from execution when the purchasa 
 money thereof forms, in whole or in part, the debt on which the judgment ia 
 founded, nor shall any property be exempt from sale for non-payment of taxea 
 or assessments, or for any labor done thereon, or materials furnished theiefpr.. 
 
 LIEN LAWS. 
 Any person furnishing labor or materials for constructing, altering, or repair- 
 ing any building on written contract, shall have a lien therefor upon the same. 
 To enforce such lien, he must have the contract, or a true copy thereof, re- 
 corded in the clerk's office of the Court of Probates of the county. Where there 
 is no written contract, and the claim is held for labor performed or materials 
 furnished by order of the contractor, then the party so laboring on such building, 
 or furnishing materials for the same, shall, within 30 days after commencing 
 Buch labor, or furnishing such materials, serve on the owner of the property a 
 statement or bill of particulars of his claim. To enforce the lien, an action for 
 the recovery of the claim must be instituted within 6 months from the time 
 the lien accrues. 
 
332 APPENDIX. 
 
 COLLECTION LAWS. 
 Imprisonment for debt is abolished. Attachments may be issued against the 
 property of a debtor when it can be made apparent to any Judge of the Su- 
 preme Court, or any Justice of the Peace of any county, that the debtor has 
 removed, or is about to remove, his effects from the State ; or that he conceals 
 himself, so that process cannot be served upon him ; or that he incurred the 
 debt by fraudulent representations. The plaintiff must give a bond to secure 
 the payment of all costs and damages that may be recovered against him by 
 the defendant. 
 
 LIMITATION LAWS. 
 
 Actions which must he commenced within 10 years after the cause of action 
 accrued. — -All^ actions for the recovery of lands, and all actions on judgments 
 of any court of record. 
 
 Within 6 years. — All actions on debts, covenants, arrearages of rent, founded 
 on leases under seal, and all actions of debt on bills, obligations, and awards 
 for the payment of money. All actions of trespass on land ; of trespass, deti- 
 nue, trover, and replevin ; action of debt founded on any lending or contract 
 without specialty ; for arrearages of rent due on parole demise ; and all actions 
 of account. 
 
 Within 2 years. — All actions on account between retail merchant and con- 
 sumer. 
 
 Within 1 year. — All actions for slander, assault and battery. 
 
 Minors, married women, and lunatics, are entitled to the same periods of 
 limitation after the removal of their disability. 
 
 Time of absence from the State by parties liable to action is not computed. 
 
 INTEREST LAWS. 
 
 Six per cent, is the rate of interest now allowed by law for the loan or for- 
 bearance of money and other contracts; but agreement which must be in wriU 
 jng may be made for the payment of a rate not exceeding IQ per cent. 
 
 STATE OF MISSOUEL 
 
 EXEMPTION LAWS. 
 Personal Property. — All wearing apparel ; the tools and implements of a 
 mechanic ; 10 hogs, 10 sheep, 2 cows and calves, and working animals to the 
 value of $65 ; 1 plough and set of plough-gears ; 1 axe and 1 hoc, or any other 
 property, real or personal, not exceeding in value $150, chosen by the debtor, 
 if he is a householder ; the spinning-wheels and cards, 1 loom, and apparatus 
 necessary for manufacturing cloth in a private family ; all the spun yarn, thread, 
 and cloth manufactured for family use ; flax, hemp, and wool, 25 lbs. each ; the 
 wearing apparel of the family ; 2 beds, with the usual bedding, and other neces- 
 sary household and kitchen furniture, not exceeding $25 in value ; lawyers, 
 physicians, and ministers may select books necessary to their profession in place 
 of other property, at their option ; physicians may also select their medicines. 
 The property of the wife is exempt from execution against the husband if the 
 
EXEMPTION, LIEN LAWS, ETC. — MISSOURI. 
 
 debt was a security debt, or was contracted before marriage, or before the wife 
 came into possession, or if it was a fine, or for costs in any criminal case against 
 the husband. The husband's property is exempt from all liabilities contracted 
 by the wife before marriage. 
 
 Beal Estate. — The homestead of every housekeeper or head of a family, con- 
 sisting of a dwelling-house and appurtenances, and the land used in connection 
 therewith, not exceeding the amount and value herein limited, which is or shall 
 be used by such housekeeper or head of a family as such homestead, shall, 
 together with the rents, issues, and products thereof, be exempt from attach- 
 ment and execution, except in cases of action existing at the time of occupying 
 said homestead ; such homestead in the country shall not include more than 160 
 acres of land, or exceed the total value of |l,500, and in cities having a popu- 
 lation of 40,000 or more, such homestead shall not include more than 18 square 
 rods of ground, or exceed the total value of $3,000 ; and in cities or other in- 
 corporated towns and villages having a less population than 40,000, such home- 
 stead shall not include more than 30 square rods of ground, or exceed the total 
 value of $1,500. 
 
 LIEN LAWS. 
 
 Every mechanic or other person who shall do or perform any work or labor 
 upon, or furnish any materials, fixtures, engine, boiler, or machinery for any 
 building, erection, or improvements upon land, or for repairing the same, under 
 or by virtue of any contract with the owner or proprietor thereof, or his agent, 
 trustee, contractor, or sub-contractor, upon complying with the provisions of 
 this chapter, shall have, for his work or labor done, or materials, fixtures, engine, 
 boiler, or machinery furnished, alien upon such building, erection, or improve- 
 ments, and upon the land belonging to such owner or proprietor on which the 
 same are situated, to the extent of 1 acre; or, if such building, erection, or 
 improvement be upon any lot of land in any town, city, or village, then such 
 lien shall be upon such building, erection, or improvements, and the lot or land 
 upon which the same are situated, to secure the payment for such work or labor 
 done, or materials, fixtures, engine, boiler, or machinery furnished, as aforesaid. 
 
 The entire land, to the extent aforesaid, upon which any such building, erec- 
 tion, or other improvement is situated, including as well that part of said land 
 which is not covered with such building, erection, or other improvement, as that 
 part thereof which is covered with the same, shall be subject to all liens created 
 by this chapter, to the extent, and only to the extent, of all the right, title, and 
 interest owned therein by the owner or proprietor of such building, erection, or 
 other improvement, for whose immediate use or benefit the labor was done or 
 things were furnished. 
 
 The lien for the things aforesaid, or work, shall attach to the buildings, erec- 
 tions, or improvements for which they furnished or the work was done, in pre- 
 ference to any prior lien, or incumbrance, or mortgage, upon the land upon 
 which such buildings, erections, improvements, or machinery have been erected 
 or put; and any person enforcing such lien may have such building, erection, 
 or improvement sold under execution, and the purchaser may remove the same 
 within a reasonable time thereafter. 
 
 Every building or other improvement erected, or materials furnished, accord- 
 ing to the provisions of this chapter, on leased lots or lands, shall be held for 
 
334 APPENDIX. 
 
 the debt contracted for or on account of the same, and also the leasehold term 
 for such lot and land on which the same is erected ; and, in case the lessee shall 
 have forfeited his lease, the purchaser of the building and leasehold term, or so 
 much thereof as remains unexpired, under the provisions of this chapter, shall 
 be held to be the assignee of such leasehold term, and as such shall be entitled 
 to pay up to the lessor all arrears of rent or other money, interest, and costs 
 due under said lease, unless the lessor shall have regained possession of the lease- 
 hold land, or obtained judgment for the possession thereof, on account of the 
 non-compliance by the lessee with the terms of the lease, prior to the commence- 
 ment of the improvements therein ; in which case the purchaser of the improve- 
 ments, under this chapter, shall have the right only to remove the improve- 
 ments within 60 days after he shall purchase the same, and the owner of the 
 ground shall receive the rent due him, payable out of the proceeds of the sale, 
 according to the terms of the lease, down to the time of removing the building. 
 
 And it shall be the duty of every original contractor, within 6 months, and 
 every journeyman and day-laborer, within 30 days, and of every other person 
 seeking to obtain the benefit of the provisions of this chapter, within 4 months 
 after the indebtedness shall have accrued, to file with the clerk of the Circuit 
 , Court of the proper county a just and true account of the demand due him or 
 them, after all just credits have been given, which is to be a lien upon such 
 building or other improvements, and a true description of the property, or so 
 near as to identify the same, upon which the lien is intended to apply, with the 
 name of the owner or contractor, or both, if known to the person filing the lien, 
 which shall in all cases be verified by the oath of himself, or some credible per- 
 son for him. 
 
 It shall be the duty of the clerk of the Circuit Court to indorse upon every 
 account the date of its filing, and make an abstract thereof in a book by him to be 
 kept for that purpose, and properly indorsed and indexed, containing the date 
 of its filing, the name of the person seeking to enforce the lien, the amount 
 claimed, the name of the person against whose property the lien is filed, and a 
 description of the property charged with the same, for all of which the clerk 
 shall receive, as full compensation, the sum of $1 from the person filing the 
 account or seeking to enforce the lien, which shall be taxed and collected as 
 other costs, in case there should be an action brought thereon. 
 
 The lieu for work and materials, as aforesaid, shall be preferred to all other 
 incumbrances which may be attached to or upon such buildings, bridges, or 
 other improvements, or the ground, or either of them, subsequent to the com- 
 mencement of such buildings or improvements. 
 
 COLLECTION LAWS. 
 Attachment may issue against a debtor when he does not reside within the 
 limits of the State ; when he secretes himself, to avoid process ; when he has 
 absconded ; when he cannot be found at his usual place of abode ; when he has 
 removed, or is about to remove, his property ; when he has fraudulently con- 
 veyed, or concealed, or otherwise disposed of his property ; when he is about to 
 fraudulently convey, conceal, or otherwise dispose of his property, so as to hinder 
 or delay his creditors ; or when the debt was contracted out of the State, and the 
 debtor has absconded, or secretly moved his property into the State with intent 
 to hinder, delay, or defraud his creditors. In any of these oases of fraudulent 
 
EXEMPTION, LIEN LAWS, ETC. — MONTANA. 335 
 
 disposition of property, the attachment may issue, even though the debt be not 
 fully due. Before attachment can issue, however, affidavit must be made by 
 plaintiff, or hia attorney, that defendant is justly indebted to plaintiff in the 
 Bum claimed, after allowing all just credits and offsets, the nature of said debt, 
 and that deponent has good reason to believe the existence of one or more of 
 the before-mentioned causes, entitling him to an attachment. This affidavit 
 may be put in issue by defendant, in which case plaintiff must prove the facts 
 Btated in the ground of his attachment. The plaintiff must give a bond, with 
 one or more responsible sureties, who must be resident householders of the 
 county in which the suit is brought, in a sum at least double the amount of 
 the demand, for the payment of such damages aa may ensue, in the event of a 
 baseless attachment. There is no imprisonment for debt. 
 
 LIMITATION LAWS. 
 
 Actions which must be commenced within 20 years after the cause of action 
 accrued. — All actions on bonds, judgments, and decrees. 
 
 Within 10 years. — All actions founded on instruments under seal. 
 Within 5 years. — ^AU actions for contracts, express or implied, and not under 
 seal ; on all liabilities created by statute, other than penalties or forfeitures ; 
 for trespass on real estate; for taking, detaining, or injuring goods; for the 
 recovery of personal property ; for criminal conversation, or other injury to 
 the rights of persons ; and all actions for relief on the ground of fraud, the 
 cause accruing at the discovery of the fraud. 
 
 Within 2 years. — All actions for libel, assault, battery, false imprisonment, 
 and for penalty or forfeiture to the State. 
 
 Within 1 year. — All actions against individuals by the State. 
 
 In cases of open account, the cause of action accrues at the time of the last 
 item in the account on the adverse side. 
 
 Limitations apply to actions brought by the State, or for its benefit. 
 
 A promise in writing is necessary to revive an action barred by the statute. 
 
 Minors, married women, lunatics, and prisoners, have the same periods, 
 respectively, after their disability is removed. 
 
 INTEREST LAWS. 
 The rate of legal interest is 6 per cent. If a plea of usury in an action be 
 sustained, judgment can be recovered but for legal interest, which judgment 
 goes to the common school fund ; in addition, a usurer shall, upon information 
 to any Justice of the Peace or court, forfeit to the common school fund all 
 interest agreed to be paid. 
 
 TEERITORY OF MONTANA. 
 
 See act of Thirty-Ninth Congress, amendatory of "An act to Provide a 
 Temporary Government for the Territory of Montana," approved May 26, 1864, 
 sections 5 and 6, approved March 2, 1867. 
 
336 APPENDIX. 
 
 STATE OF NEBRASKA. 
 
 EXEMPTION LAWS. 
 
 Perianal JProperty. — The family Bible; family pictures, school-books, and 
 library for the use of the family ; a seat or pew in any house or place of public 
 worship ; a lot in any burial ground ; all necessary wearing apparel of the 
 debtor and his family ; all stoves and appendages put up or kept for the use of 
 the debtor and his family, not to exceed 4 ; all cooking utensils, and all other 
 household furniture not herein enumerated, to be selected by the debtor, not 
 exceeding in value $100 ; 1 cow, 3 hogs, and all pigs under 6 months old ; and 
 if the debtor be at the time actually engaged in the business of agriculture, in 
 addition to the above, 1 yoke of oxen, or a pair of horses in lieu thereof; 10 
 sheep and the wool therefrom, either in the raw material, or manufactured into 
 yarn or cloth ; the necessary food for the stock mentioned above for 3 months ; 
 1 wagon, cart, or dray, 2 ploughs, and 1 drag; the necessary gearing for the 
 team herein exempted, and other farming implements, not exceeding $50 in 
 value ; provisions for the debtor and his family necessary for 6 months' support, 
 either provided or growing, or both, and fuel necessary for 6 months ; the tools 
 and instruments of any mechanic, minor, or other person, used and kept for the 
 purpose of carrying on his trade or business ; the library and implements of 
 any professional man ; all of which articles, hereinbefore intended to be exempt, 
 shall be chosen by the debtor, his agent, clerk, or legal representative. 
 
 All heads of families who have neither lands, town lots, nor houses subject 
 to exemption as a homestead, under the laws of this State, shall have exempt 
 from forced sale on execution the sum of $500 in personal property. 
 
 Real Estate. — Any quantity of land not exceeding 160 acres, and the dwelling- 
 house thereon and its appurtenances, to be selected by the owner thereof, 
 and not included in any incorporated town, city, or village, or, instead thereof, 
 at the option of the owner, a quantity of contiguous land, not exceeding in 
 amount two lots, being within an incorporated town, city, or village, and the 
 dwelling-house thereon and its appurtenances, owned and occupied by any resi- 
 dent of the State, shall not be subject to attachment, levy, or sale, upon execu- 
 tion, or any other process issuing out of any court within this State, so long as 
 the same shall be owned and occupied by the debtor as such homestead. The 
 law shall be deemed and construed to exempt such homestead, in the manner 
 aforesaid, during the time it shall be occupied by any one or more of the family 
 of the debtor, or by the widow or minor child or children of any deceased per- 
 son who was, when living, entitled to the benefit of the same : Provided, That 
 the homestead mansion and 20 acres of the land whereon the mansion is 
 situate, and land adjoining the same to the extent of $500 in value, all being 
 without an incorporated town, city, or village, shall be exempted, and no more- 
 
 LIEN LAWS. 
 Any person who shall perform any labor, or famish any material or ma- 
 chinery, for the erection, reparation, or removal of any house, mill, manufac- 
 tory, or other building or appurtenance, by virtue of a contract or agreement, 
 expressed or implied, with the owner thereof or his agent, shall have a lien to 
 secure the payment of the same upon such house, mill, manufactory, or other 
 
EXEMPTION, LIEN LAWS, ETC. — MARYLAND. 337 
 
 buildings or appurtenance, and the lot of land on whioh the same shall 
 stand. 
 
 Any person or persons entitled to a lien under this act shall make an account 
 in writing of the items of labor, skill, machinery, and material furnished, or 
 either of them, as the case may be, and, after making oath thereto, shall, within 
 4 months from the time of performing such labor and skill, or furnishing such 
 machinery and material, file the same in the'Eeoorder'a ofEoe of the county in 
 which such labor, skill, and materials shall have been furnished ; and when 
 thus recorded, it shall, for 2 years after the completion of such labor or the 
 furnishing of such materials, operate as a lien on the several descriptions of 
 structures and buildings, and the lots on which they stand. 
 
 COLLECTION LAWS. 
 
 Any person may be arrested in this State for debt, and an attachment may 
 issue when any person or persons shall file an affidavit before any Judge or Jus- 
 tice of the Peace, stating the nature of the plaintiff's claim, that it is just, and 
 the amount thereof, as nearly as may be, and establishing one or more of the 
 following particulars: First, that the defendant has removed or begun to 
 remove any of his property out of the jurisdiction of the court, with intent to 
 defraud his creditors ; second, that he has begun to convert his property, or a 
 part thereof, into money, for the purpose of placing it beyond the reach of his 
 creditors ; third, that he has property or rights of action which he fraudulently 
 conceals ; fourth, that he has assigned, removed, disposed of, or has begun to 
 dispose of his property, or a part thereof, with intent to defraud his creditors ; 
 fflh, that he fraudulently contracted the debt or incurred the obligation for 
 which suit is about to be or has been brought. The affidavit shall also contain 
 a statement of the facts claimed to justify the belief in the existence of one or 
 more of the above particulars. 
 
 The order of arrest shall not be issued by the clerk of the court until there 
 has been executed, by one or more sufficient sureties of the plaintiff, a written 
 undertaking, to the effect that the plaintiff shall pay to the defendant all damages 
 which he may sustain by reason of the arrest, if the order be wrongfully obtained, 
 not exceeding double the amount of the plaintiff's claim stated in the affidavit. 
 
 LIMITATION LAWS. 
 
 Actions which must be commenced within 21 years. — All actions for the re- 
 covery of the title or possession of lands, tenements, or hereditaments can only 
 be brought within 21 years after the cause of such action shall have occurred. 
 
 Within 5 years. — All civil actions other than for the recovery of real prop- 
 erty, such as actions upon a specialty, or any agreement, contract, or promise 
 , in writing, or foreign judgment. 
 
 Within 4 years.— AW actions upon a contract not in writing, expressed or 
 implied ; an action upon a liability created by statute other that a forfeiture or 
 penalty. 
 
 Within 4 years. — Actions for trespass upon real property ; actions for taking, 
 detaining, or injuring personal property, including actions for the specific re- 
 covery of personal property; actions for an injury to the rights of the plaintiff, 
 not arising on contract, and hereinafter enumerated ; actions for relief on the 
 ground of fraud ; but the cause of action in such case shall not be deemed to 
 have occurred until the discovery of the fraud. 
 
338 APPENDIX. 
 
 Within 1 year. — All actions for libel, slander, assault and battery, malicious 
 prosecution, or false imprisonment ; actions upon a statute for a penalty or for- 
 feiture ; but where the statute giving such action presents a different limitation, 
 the action may be brought within the period so limited. 
 
 INTEREST LAWS. 
 The rate of legal interest is 10 per cent, upon the loan or forbearance of 
 money, goods, or things in action ; but a greater rate, not to exceed 15 per cent., 
 may be agreed upon 
 
 STATE OF NEVADA. 
 
 EXEMPTION LAWS, 
 
 Personal Property. — All spinning-wheels, weaving-looms, and stoves put up 
 or kept for use ; the family Bible, family pictures, and school-books and library, 
 not exceeding in value |200 ; all sheep, to the number of 20, with their fleeces, 
 and the yarn or cloth manufactured from the same ; 2 cows, 5 swine, with the 
 -necessary food for them for 6 months ; all wearing apparel of the widow and 
 children, and all household goods, furniture, and utensils, not exceeding in 
 value $V50. 
 
 Peal Estate. — The homestead, consisting of a quantity of land, together with 
 'the dwelling-house thereon and its appurtenances, not exceeding in value the 
 sum of $5,000, to be selected by the owner thereof, shall not be subject to forced 
 sale on execution, or on any final process from a court, for any debt or liability 
 contracted or incurred at any time, in any other place than in this Territory, 
 [State,] or for any debt or liab.lity contracted in this Territory [State] after 
 30 days from November 13, 1861 ; Provided, The possessor thereof did not 
 acquire the means of procuring such homestead through fraud or false repre- 
 sentations. Such exemption shall not extend to any mechanics', laborers', or 
 ■vendors' lien, or to any mortgage lawfully obtained ; but no mortgage, sale, or 
 alienation of any kind whatever, of such land by the owner thereof, if a mar- 
 ried man, shall be valid without the signature of the wife to the same, acknowl- 
 edged by her separately and apart from her Husband ; Provided, That the wife 
 .be a resident of the Territory, [State,] and that such signature and acknowl- 
 edgment shall not be necessary to the validity of any mortgage upon the land, 
 executed before it became the homestead of the debtor, or executed to secure 
 the payment of the purchase-money. The homestead and other property ex- 
 empt from forced sale, upon the death of the head of the family, shall be set 
 , apart by the Probate Court for the benefit of the surviving wife and his own 
 , legitimate children ; Provided, That the exemption, as provided in this section, 
 shall not extend to unmarried persons, except when they have charge of minor 
 brothers or sisters, or both, or brothers' or sisters' minor children, or a mother, 
 or unmarried sisters living in the house with them. Nothing in this act shall 
 be BO construed as exempting any real or personal property from sale for taxes. 
 
 LIEN LAWS. 
 All artisans, builders, mechanics, lumber merchants, and all other persons 
 performing labor, or furnishing materials, to the amount of $25 and upwards. 
 
EXEMPTION, LIEN LAWS, ETC. — NEVADA. 339 
 
 for the construction or repairing of any building or superstructure, shall have 
 a lien therefor upon the same, and also upon the land attached thereto ; pro- 
 vided the person furnishing such labor or materials shall, within 60 days after 
 the completion of such building, file in the county clerk's office of the county 
 in which such building is situated, a just and true account of the demands due 
 to him after deducting all proper credits and offsets, and shall verify such ac- 
 count by his own oath or the oath of some other person, and shall also file at 
 the same time a correct description of the property to be charged with said lien. 
 If such lien is claimed by a sub-contractor performing labor or furnishing ma- 
 terials, the account aforesaid shall be filed within 30 days after the work was 
 done, or the materials were furnished by him; and within 5 days after the filing 
 of said account as aforesaid, he shall serve a copy thereof on the owner of such 
 building or superstructure, or the agent of such owner, if the latter reside out 
 \ of the county in which the building is situated, by delivering the same to him 
 personally, or by leaving it at his usual place of residence. If such owner do 
 not reside in the county, and has no agent therein, service of the copy may be 
 made by posting the same in a conspicuous place on the structure to be charged 
 with such lien. Every sub-contractor, journeyman, laborer, or other person 
 performing labor, or furnishing materials, shall have a valid lien upon the 
 structure on which such labor was performed, and for which such materials 
 were furnished, regardless of the claims of the contractor against the owner of 
 =uch building ; but if any money be due, or is to become due, under the con- 
 tract from said owner to said contractor, on being served with' a notice by a 
 Bub-contractor, as provided in the last preceding section, said owner may with- 
 hold out of the first money due, or to become due, under the contract, a suffi- 
 cient sum to cover the lien claimed by such sub-contractor, journeyman, or 
 laborer, until the validity thereof shall have been established by proper legal 
 proceedings, if the same be contested. No such lien shall bind any structure 
 for a longer period than 6 months after filing the same, unless a suit be brought 
 in a proper court within that time to enforce the same, or, if a credit be given, 
 then within 6 months after the expiration of the credit ; but no lien shall be 
 continued in force for a longer time than 2 years from the time the work is 
 completed, or the materials furnished, by any agreement to give credit. Said 
 liens may be enforced by a suit in any court of competent jurisdiction, on set- 
 ting forth in the complaint the particulars of such demand, with a description 
 of the premises sought to be charged with said lien ; and at the time of filing 
 the complaint and issuing summons, the plaintiff shall cause a notice to be pub- 
 lished, at least once a week for three consecutive weeks, in some newspaper 
 published in the county, if there be one, and if not, then in such mode as the 
 court shall direct, notifying all persons holding or claiming liens under the 
 provisions of this act, on said premises, to be and appear in said court on a day 
 specified therein, and during the regular term of such court, and to exhibit, 
 then and there, the proof of said liens. On ascertaining the whole amount of 
 said liens with which the said premises are justly chargeable, as hereinbefore 
 provided, the court shall cause said premises to he sold in satisfaction of said 
 liens and costs of suit, and any party in whose favor such judgments may be 
 jendered may cause the premises to be sold within the time and in the manner 
 provided for sales on execution at law ; and if the proceeds of such sale shall not 
 be sufficient to satisfy the whole of such liens, established as aforesaid, then the 
 
340 APPENDIX. 
 
 iiame shall be apportioned according to the rights of the several parties. Nothing 
 herein contained shall be construed to take away, or affect in any manner, any 
 action which any such contractor, laborer, sub-contractor, or other person per- 
 forming labor or furnishing materials for such building or superstructure would 
 otherwise have against his employer. 
 
 COLLECTION LAWS. 
 
 Attachments may issue against a debtor when he is not a resident of this 
 Territory [State ;] when he has absconded or absented himself from his usual 
 place of abode, or is about to abscond or absent himself, so that the ordinary 
 process of law cannot be served upon him ; when he conceals himself to avoid 
 process ; when he has removed or is about to remove any of his property or 
 effects out of the Territory, [State,] to the injury of his creditors, or with the 
 intent to hinder, delay, or defraud them ; when he has fraudulently conveyed, 
 assigned, or otherwise disposed of his property or effects ; when he has fraudu- 
 lently concealed his property and effects; and when he fraudulently contracted 
 the debt or incurred the obligation respecting which a suit is brought. 
 
 Before issuing a writ, the clerk shall require a written undertaking on the 
 part of the plaintiff, in a sum not less than $200 nor exceeding the amount 
 claimed by the plaintiff, with sufficient sureties, to the effect that, if the defend- 
 ant recover judgment, or if the attachment should be dismissed, the plaintiff 
 will pay all costs that may be awarded to the defendant, and all damage which 
 he may sustain by reason of the attachment, not exceeding the sum specified in 
 the undertaking. 
 
 LIMITATION LAWS. 
 
 Actions which must be commenced witlcin 10 years after the cause of action 
 accrued. — All claims for the recovery of lands, or the issues or profits thereof. 
 
 Within 5 years. — All actions upon a judgment or decree of any court of the 
 United States, or of any State or Territory within the United States. 
 
 Within 4 years. — All actions upon any contract, obligation, or liability, 
 founded upon an instrument of writing. 
 
 Within 3 years. — All actions upon a liability created by statute, other than a 
 •penalty or forfeiture ; all actions for trespass upon real property ; all actions 
 for taking, detaining, or injuring any goods or chattels, including actions for 
 the specific resovery of personal property ; all actions for relief on the ground 
 of fraud, the cause of action in such case not to be deemed to have accrued 
 until the discovery, by the aggrieved party, of the facts constituting the fraud. 
 
 Within 2 years. — All actions upon a contract, obligation, or liability, not 
 founded upon an instrument of writing ; all actions against a sheriff, coroner, 
 or constable, upon the liability incurred by the doing of an act in his official 
 capacity, and in virtue of his office, or by the omission of an official duty, in- 
 cluding the non-payment of money collected upon an execution ; all actions for 
 libel, slander, assault, battery, or false imprisonment ; all actions upon a statute 
 for a forfeiture or penalty to the people of this Territory, [State ;] all actions 
 against a sheriff or other officer, for the escape of a prisoner arrested or impris- 
 oned on civil process ; all actions on an open account for goods, wares, and 
 merchandise sold and delivered, and for any article charged in a store aocouut. 
 
EXEMPTION, LIEN LAWS, ETC. — SEW HAMPSHIRE. 341 
 
 INTEREST LAWS. 
 Rate of legal interest is 10 per cent. Any rate whatever may be agreed 
 upon to be paid on money due or to become due on any contract; and any 
 judgment recovered on such contract shall cover the interest agreed upon be- 
 tween the parties, and it shall be specified in the judgment; but only the 
 amount of the original claim demanded shall draw interest after judgment. 
 
 STATE OF NEW HAMPSHIRE. 
 
 EXEMPTION LAWS. 
 Personal Property. — All the necessary wearing apparel of the debtor and his 
 family ; bedsteads, beds, and bedding for the family ; household furniture to 
 the value of ?20 ; all the Bibles and school-books in use in the family ; 1 cow, 
 and IJ tons of hay ; 1 hog and 1 pig, and the pork of the same when slaugh- 
 tered ; tools of the debtor's occupation, to the value of $20 ; 6 sheep and their 
 fleeces ; 1 cooking-stove and its appendages ; provisions and fuel to the value of 
 $20 ; the interest in 1 pew in any meeting-house in which the debtor or his 
 family usually worship, and in 1 lot or right of burial iu any cemetery ; the 
 uniform, arms, or equipments of every officer and private in the militia. 
 
 Peal Estate. —The homestead of a householder is exempt from execution on 
 any cause of action which has accrued since January 1, 1852. It must not ex- 
 ceed in value $500, and is not subject to devise so long as the widow or minor 
 children shall occupy the same ; and no release or waiver of this exemption is 
 valid unless made by deed executed by the husband and wife ; or, if the wife 
 be dead, and there be no minor children, then by deed executed by the husband 
 with the consent of the Judge of Probate in the county in which the land js 
 situate, endorsed on the deed. The exemption extends to any interest, not 
 exceeding $500 in value, which the debtor may have in a building occupied by 
 him as a homestead, though standing on land owned by another. 
 
 The sheriff, holding an execution about to be levied on lands and tenements, 
 is required, on application of the debtor or his wife, to cause a homestead, not 
 exceeding $500 in value, to be set off from the lands and tenements of the 
 debtor in the following manner : Three sworn appraisers, disinterested and dis- 
 creet persons, residents in the county, are chosen ; 1 by the officer, 1 by the 
 creditor, and 1 by the debtor, who proceed to set-off a homestead by metes 
 and bounds, and their set-off and assignment is returned to the officer for record 
 in court. The court out of which the writ of execution or attachment is sued, 
 may, upon good cause shown, order a reappraisement and reassignment by the 
 same or other appraisers, under instructions from the court, and the reappraise- 
 ment is returned and recorded in the same manner as the first. When the home- 
 stead of any head of a family, in the opinion of the appraisers, cannot be 
 divided without injury and inconvenience, they shall make an appraisement of 
 the whole property. The appraisal is delivered by the officer to the execution 
 debtor, or to some member o-f his family old enough to understand it, with a 
 notice attached, that unless the execution debtor shall, within 60 days, pay to 
 the officer the surplus value over $500, the premises will be sold. If the sur- 
 plus is not paid, the officer, observing all the forms required, makes a sale of the 
 
342 APPENDIX. 
 
 premises, and out of the proceeds pays to the execution debtor, if his wife gives 
 her written consent to such payment, the sum of $500. If the wife does not 
 consent to such payment, the officer must deposit the amount in some savings 
 institution, to the joint credit of husband and wife, and to be withdrawn only 
 by their joint order, or by the order of the survivor in case of the death of 
 either. The amount is ezempt for 1 year from the date of payment or deposit. 
 The balance of proceeds of sale is applied on the execution. No sale can, how- 
 ever, be made, unless more than |500 is bid ; if less, the execution may bo 
 returned unsatisfied. 
 
 LIEN LAWS. 
 
 Any person performing labor on a building, or furnishing materials for the 
 construction, repairing, or altering the same, shall have a lien thereon for the 
 space of 30 days after the payment of said labor or materials shall become due 
 for such contracts, providing the order or contract for the same is in writing, 
 and a true copy thereof left with the town clerk. Such lien may be secured by 
 an attachment, which shall have precedence of all other attachments, except 
 there be a prior mortgage on the land on which the house is situated, in which 
 case the prior mortgage has the preference. 
 
 Any person furnishing labor or materials for the construction, altering, or 
 repairing of a vessel, shall have a lien therefor on such vessel for the space of 
 4r days after such vessel is finished. This lien may be secured by an attach- 
 ment, which shall take precedence of all other attachments, except a lien for 
 mariners' wages. 
 
 COLLECTION LAWS. 
 
 A debtor may be arrested in this State, if the creditor can prove on oath that 
 he is indebted to him in a writ of execution in the sum of $13 33 or over, and 
 that there is good reason to believe that he is about to leave the State to avoid 
 payment of his debts, or that he is concealing his property for the same purpose. 
 The debtor, on his arrest, may demand to be led before two Justices of the Peace, 
 and if they are satisfied, from such evidence as he may bring forward, that he 
 neither conceals his property nor designs to leave the State, they may order his 
 discharge. [No female can be arrested for debt in this State.] 
 
 LIMITATION LAWS. 
 
 Actions which must he commenced within 20 years after the cause of action ac- 
 crues. — All actions for the recovery of real estate ; all actions of debt founded 
 on a j udgment or recognizance, or a contract under seal. 
 
 Within 5 years. — All rights in action, relative to real estate, by minors or 
 persons insane, may be commenced within 5 years after such disability is re- 
 moved. 
 
 Within 3 years. — All writs of error after judgment has been rendered. 
 
 Within 2 years. — All actions for slander, assault and battery, and wounding. 
 
 Action on notes secured by mortgage may be brought so long as the plaintiff 
 to action holds the mortgage. 
 
 If the defendant, at the time of the cause of action, or afterwards, was absent 
 from the State, the time of such absence shall be excluded in the computation. 
 
 INTEREST LAWS. 
 The rate of legal interest is 6 per cent.; and if an increased rate is taken, the 
 party receiving the same forfeits treble the amount illegally takeu. 
 
EXEMPTION, LIEN LAWS, ETC. — NEW JERSEY. 343 
 
 STATE OF NEW JERSEY. 
 
 EXEMPTION LAWS. 
 
 Perianal Property. —The following articles, the property of the head of a fam- 
 ily, are exempt from execution upon judgment founded on contracts made be- 
 fore the 14th March, 1851 : 1 cow, 1 bed and bedding, 1 cradle, 1 stove, J cord 
 of firewood, J ton of stove coal, 1 spinning-wheel, 1 table, 6 chairs, 1 hog, 100 
 lbs. of flo"ur, 1 iron cooking pot ; knives, forks, plates, and spoons, 1 doz. each ; 
 half doz. bowls, 2 pails, 1 barrel, 1 coffee-pot, 1 tub, 1 frying-pan, the necessary 
 tool.« of a tradesman, to the value of $10, and all necessary wearing apparel.' 
 A supplementary act was passed February 6, 1858, allowing, in all assignments 
 of debtors for the benefit of creditors, goods and chattels to the value of $200, 
 and all wearing apparel for the use of the debtor and his family. 
 
 Real Estate there is exempt, by law, from sale on execution, for debts here- 
 after contracted, the lot and buildings thereon, occupied as a residence, and 
 owned by the debtor, to the value of $1,000. This exemption will continue 
 after the death of the debtor, for the benefit of his widow and family, provided 
 one or more of them continue to occupy the same until the youngest child is of 
 age, and until the death of the widow. No release or waiver of this redemp- 
 tion is valid. But to entitle a householder to the benefit of this exemption, a 
 notice of his design to hold the property as a homestead must be executed, and 
 recorded in the Clerk's office of the county where the property is situated, and 
 published once a week, for six weeks, in a newspaper published in the county, 
 or in the newspaper published nearest the same. No property shall, however, 
 by virtue of this act, be exempt from sale for non-payment of taxes or assess- 
 ments, or for any labor done thereon, or materials furnished therefor, or for 
 debts contracted prior to the recording of the aforesaid deed or notice. A 
 homestead must be reserved as such for the use of the family ; it cannot be 
 leased or sold without the full and free consent of the wife of the owner. If an 
 ofBcer cannot find sufficient property, apart from that which is exempt, to sat- 
 isfy the execution, a Judge of the Court of Common Pleas may appoint 6 dis- 
 interested person? to appraise the homestead, and if its value exceed $1,000, the 
 excess may be sold for the benefit of the judgment creditor. 
 
 LIEN LAW. 
 Any person furnishing labor or materials for constructing, altering, or re- 
 pairing any building, has a lien therefor upon the same. To render this lien 
 valid, such person must draw up specifications of the work contracted to be 
 performed or materials to be furnished, and stating the price or prices agreed to 
 be paid therefor, and file them, or, if there be a written contract, a, true copy 
 thereof, in the office of the county clerk, and serve a notice thereof personally 
 an such owner or his agent within 15 days after making such contract, or 
 after furnishing such labor or materials. The lien takes effect from the time of 
 filing such specification and the service of the notice, and remains in force for 
 two months after th? completion of the building ; previous to the expiration of 
 which termj the lien-holder must commence legal proceedings against the owner 
 of the propeity to enforce payment of the claim. The lien holds the building 
 and the lot on which the same may stand. 
 
344 APPENDIX. 
 
 All fixtures for manufacturing purposes shall be construed to include any 
 building, erection, or construction of whatever description attached or annexed, 
 or intended to be attached or annexed, to any land or tenement, and designed 
 to be used in the building or repairing of vessels, whether the same be perma- 
 nently attached to the freehold, or so built as to be removed from place to place, 
 and only temporarily attached to the land, and whether the same be intended 
 and designed for use on land or water. 
 
 When a contractor refuses to pay any workman employed by him to per- 
 form labor on such building, or on the grounds connected therewith, such work- 
 man may give a written notice of such refusal to the owner of the property, 
 together with a statement of the amount due and demanded ; on receipt of 
 which notice the owner is authorized to pay the amount to the workman, and 
 to retain-the same out of the sum due the contractor. When a number of work- 
 men thus present their claims to the owner, the aggregate of such claims must 
 not exceed the amount of the contract. In case the owner should refuse to pay 
 their claims, then the building may be sold for the same; but if the building 
 should not sell for a sum sufficient to pay such claims, then the same shall be 
 averaged, and each creditor be paid a 'sum proportional to his demand. Ac- 
 tion preparatory to the sale must be instituted within 1 year from the time 
 the work is done or the materials furnished. 
 
 COLLECTION LAWS. 
 
 A debtor suspected of fraud towards his creditors may be arrested in this 
 jState; but he may be discharged from such arrest if he make out and deliver 
 to the officer arresting him an inventory of all his property, and give security 
 to the plaintiff, in double the amount claimed, that he will appear before th-e 
 next court holden in the county where the arrest is made, and petition for the 
 benefit of the insolvent laws. In case of forfeiture of the bond, plaintiff may 
 bring action thereon and recover the debt, damages, and costs. If any creditor 
 shall make oath that his debtor has absconded from the State, he may obtain 
 attachment against the property of such debtor, wherever it may be found ; 
 and the writ of attachment holds the property of the defendant from the time 
 of the execution of the same. All conveyances of property attached, made 
 by defendant pending the attachment, are void against the plaintiff and credi- 
 tors who became parties to the attachment. [Women are exempt from arrest 
 for debt.] 
 
 LIMITATION LAWS. 
 
 Actions which must be commenced viithin 20 years after the cause of action 
 accrued. — All actions for the recovery of lands. 
 
 Within 16 years. — All actions of debt ; covenants for rent ; arrearages of 
 rent founded on any lease under seal ; actions of debt on any bill for the pay- 
 ment of money only, or upon any obligation with condition for the payment of 
 money only ; and all actions upon awards under the hands and seals of Arbi- 
 trators, for the payment of money only. 
 
 Within 6 years. — All actions of trespass, detinue, trover, and replevin, for 
 injuring or taking away goods and chattels; of debt, founded on any contract 
 witliout specialty ; and for arrearages of rent on contracts not under seal. 
 
 Withvi 4 years. — All actions of trespass for assault, menace, battery, and 
 imprisonment. 
 
EXEMPTION, LIEN LAWS, ETC. — NEW YORK. 345 
 
 Within 2 years. — All actions for libel and slander within 2 years after the 
 words spoken. 
 
 Minors, married women, and lunatics may bring these actions within limited 
 periods, respectively, after their disability is removed. The time of defendant's 
 absence from the State is not to be computed. 
 
 INTEREST LAWS. 
 The rate of legal interest is 6 per cent. , and all agreements for an excess of 
 that rate are void, and the party taking a higher rate than 6 per cent, per 
 annum forfeits the whole value of the contract, one half to the prosecuting 
 party and the other half to the State. 
 
 TERRITORY OP NEW MEXICO. 
 
 INTEREST LAWS. 
 Parties may agree in writing for the payment of any sum of interest, not to 
 exceed 12 per cent, per annum on n^pney due or to become due upon any con- 
 tract, or on money loaned. The rate of interest, in the absence of a written 
 contract fixing a different rate, shall be 6 per cent, on money due by contract, 
 judgments (where no rate is expressed,) money loaned or due on settlement of 
 matured accounts ; on money due on open account, calculating 6 months from 
 date of last item. A contract made for higher rate than 12 per cent, forfeits the 
 whole interest. 
 
 STATE OP NEW YORK. 
 
 EXEMPTION LAWS. 
 Personal Property. — When owned by a householder. All spinning-wheels, 
 weaving-looms, and stoves put up or kept for use in any dwelling-house ; 1 
 sewing-machine with appurtenances ; the family Bible, family pictures, and 
 school-books used by or in the family ; books, not exceeding $50, part of a 
 family library ; pew or seat in church in use by debtor or family ; 10 sheep, 
 with their fleeces, and the yarn or cloth manufactured therefrom ; pork, beef, 
 fish, flour, and vegetables provided for family use ; fuel necessary for family for 
 60 days ; necessary wearing apparel, beds, bedsteads, and bedding for debtor 
 and family ; arms and accoutrements required by law ; cooking utensils, I 
 table, 6 chairs, 6 knives and forks, 6 plates, 6 tea-cups and saucers, 1 sugar- 
 dish, 1 milk pot, 1 tea-pot, 6 spoons, 1 crane and appendages, 1 pair ,of and- 
 irons, shovel, and tongs ; tools and implements of any mechanic necessary to 
 the carrying on of his trade, to the value of $25 ; also, in addition, when owned 
 by a householder or any one having a family for which ho provides, all neces- 
 sary household furniture and working tools, professional instruments, furni- 
 ture, and library; and team not worth over $250, and the food necessary for 
 such team for 90 days, except on executions for purchase-money of suoh_ 
 
346 APPENDIX. 
 
 things, or for wages of a domestic in a family ; land not over a quarter of an 
 acre set apart for burial-place, and vault thereon. 
 
 Real Estate. — The lot, and buildings thereon, to the value of $1,000, occupied 
 as a residence, and owned by the debtor, is exempt from execution. The ex- 
 emption continues after the death of the householder, for the benefit of the 
 widow and family, until the youngest child becomes of age, and until the death 
 of the widow, provided one or more of the family occupy the premises. No re- 
 lease of the exemption is valid unless made in writing, subscribed by the house- 
 holder, and acknowledged in the same manner as a conveyance of real estate. 
 To entitle property to exemption, the conveyance must show the design of the 
 householder to hold it as a homestead, or a notice of his. intention, containing a 
 full description of the property, must be executed and acknowledged by the 
 owner, and recorded in the office of the clerk of the county wherein the home- 
 stead is situated, in a book provided for that purpose, and known as the " Home- 
 stead Exemption Book." No property is exempt from sale for non-payment of 
 taxes or assessments, or for a debt contracted for the purchase-money of the 
 premises, or contracted prior to the recording of the deed or notice as above 
 required. 
 
 If the Sheriff holding the execution thinks that the premises claimed as ex- 
 empt are worth more than $1,000, he shall summon 6 qualified jurors of 
 his county, who shall, upon oath, to be administered to them by the Sheriff, 
 appraise the premises ; and if, in their opinion, the premises may be divided 
 without injury to the interests of the parties, they shall set off as much of the 
 premises, including the dwelling-house, as they value at $1,000, and the resi- 
 due may be sold by the Sheriff. In case the premises exceed $1,000 in value, 
 but cannot be divided, they shall deliver an appraisal of the value of the prop- 
 erty to the Sheriff, who delivers a copy to the execution debtor, or to some of 
 his family of suitable age to understand it, with a notice attached, that unless 
 the execution debtor pays to the Sheriff, within 60 days, the surplus over and 
 above $1,000, the premises will be sold. In case the surplus is not paid within 
 60 days, the Sheriff may sell the property, pay to the execution debtor $1,000 
 of the proceeds, which. shall be exempt from execution for one year thereafter, 
 and apply the balance to the execution. Unless upward of $1,000 is bid, no 
 sale shall be made, and in such case the Sheriff may return the execution un- 
 satisfied. The expenses of thus selling a homestead are to be included in the 
 costs upon the execution. 
 
 LIEN LAWS. 
 
 On Vessels. — Whenever a debt, amounting to $50 or upwards, as to a sea- 
 going or ocean-bound vessel, or amounting to $15 or upwards, as to any other 
 vessel, shall be contracted by the master, owner, charterer, builder, or con- 
 signee of any ship or vessel, or the agent of either of them, within this State, 
 for either of the following purposes : 
 
 1st, On account of work done, or materials or other articles furnished in 
 this State, for or towards the building, repairing, fitting, furnishing, or equip- 
 ping such ship or vessel. 
 
 2d. For such provisions and stores furnished within this State, as may be fit 
 and proper for the use of such vessel, at the time when the same were fur- 
 nished. 
 
EXEMPTION, LIEN LAWS, ETC. — NEW YORK. 347 
 
 3cl. On account of the wharfage and expenses of keeping such vessel in port, 
 including the expense incurred in employing persons to watch her. 
 
 4th. On account of loading or unloading, or for advances made for the pur- 
 pose of procuring necessaries for such ship or vessel, or for the insurance thereof. 
 5th. Qr whenever a deht amounting to $25 or upwards shall be contracted as 
 aforesaid, within this State, on account of the towing or piloting of such vessel, 
 or on account o{ the insurance or premiums of insurance of or on such vessel, 
 or her freight, such debt shall be a lien upon such vessel, her tackle, apparel, 
 and furniture, and shall be preferred to all other liens thereon, except mariners' 
 wages. 
 
 Such debt shall ceast to be a lien at the expiration of 6 months after the said 
 debt was contracted, unless at the time when said 6 months shall expire such 
 , ship or vessel shall be absent from the port at which such debt was contracted, 
 in which case the said lien shall continue until the expiration of 10 days after 
 such ship or vessel shall next return to said port ; and in all cases such debt 
 shall cease to be a lien upon such ship or vessel, whenever such ship or vessel 
 shall leave the port at which such debt was contracted, unless the person hav- 
 ing such lien shall, within 12 days after such departure, cause to be drawn up 
 and filed specifications of such lien, which may consist either of a bill of par- 
 ticulars of the demand, or a copy of any written contract under which the 
 work may be done, with a statement of the amount claimed to be duo from 
 such vessel, the correctness of which shall be sworn to by such person, his legal 
 representative, agent, or assigns. 
 
 The above section, it was ordered by an amendment passed May 4th, 1863, 
 shall not apply to vessels navigating the western and northwestern lakes, or 
 either or any of them. Any debt contracted by the master, owner, chartflrer, 
 builder, or consignee of any ship or vessel navigating such lakes, or either of 
 them, shall cease to be a lien at the expiration of 6 months after the 1st of Tan- 
 uary next succeeding the time such debt shall have been contracted, unless dur- 
 ing the said 6 months such ship or vessel shall he absent from the port at which 
 such debt was contracted, in which case the said lien shall continue until the 
 expiration of 10 days after such ship or vessel shall next return to said port In 
 all cases such debt shall cease to be a lien upon such ship or vessel, unless the 
 person having such debt shall, by the first Tuesday of February next succeeding 
 the time such debt shall have been contracted, cause to be drawn up, verified, 
 and filed, specifications of such debt, in the form and comprising the statewents 
 prescribed as aforesaid. 
 
 Such specifications shall be filed in the office of the clerk of the county in 
 which such debt shall have been contracted, except that when such deht shall 
 have been coutractedrin either of the counties of New York, Kings, or Queens, 
 such specifications shall be filed in the office of the clerk of the city and -ounty 
 of New York. 
 
 Any person having a lien upon any ship or vessel for any deht contracted 
 for any of the purposes hereinbefore specified, may make application to any 
 officer authorized by law to perform the duties of a Justice of the Supreme Court 
 at chambers in the county within which such ship or vessel shall then be, for 
 a warrant to enforce the said lien, and to collect the amount thereof, Such 
 application shall be in writing, and shall exhibit and specify: 
 1. By whom and when such debt was contracted, and for what ship or'^essel; 
 
348 APPENDIX. 
 
 2. The items composing such debt ; 3. The amount claimed, and that the same 
 is justly due to the person in whose behalf the application is made, over and 
 above all payments and just deductions ; 4. Any assignment or transfer of such 
 debt, if any such has taken place since the same was contracted ; 5. When and 
 where the specification of such debt was filed. Such application shall be veri- 
 fied by the affidavit of the creditor, or of the person making the application, 
 or of his or their agent in that behalf. 
 
 The officer to whom such application shall be made, shall thereupon issue a 
 warrant to the Sheriff, specifying the amount of the claim, and the names of the 
 persons making such claim, and commanding him to attach, seize, and safely 
 keep said ship or vessel, her tackle, apparel, and furniture, to satisfy such claim, 
 if established, to be a lieu upon such vessel, according to law, and to make 
 return of his proceedings under such warrant to the officer who issued the 
 same, within 10 days after such seizure. 
 
 The person applying for such warrant, after giving the necessary undertak- 
 ing required by law shall, within 3 days after the issuing thereof cause a 
 notice to be published once in each week for four successive weeks in some 
 newspaper published in the county in which such vessel may then be, or, if no 
 newspaper be so published in such county, then in the nearest county in which 
 a newspaper shall be so published, setting forth that such warrant has been 
 issued, the amount of the claim specified therein, and that such vessel will be 
 sold for the payment of the claims against her, unless the master, owner, or 
 consignee thereof, or some person interested therein, appear and discharge such 
 warrant according to law, within 30 days from the first publication of such 
 notice. ^ 
 
 On Buildings. — Any person furnishing labor or materials for constructing, 
 altering, or repairing any building, shall have a lien therefor to the value of 
 the sum agreed to upon the same, to the extent of the right, title, and interest 
 in, of, and to the same, by the party employing him: Provided the person fur- 
 nishing such labor or materials shall, within 30 days after the performance 
 and completion of such labor, or the final furnishing of such materials, cause to 
 be drawn up and deposit in the hands of the county clerk of the town where 
 the property is located, specifications of the work contracted to be performed, 
 or materials to be furnished, and stating the price or prices agreed to be paid 
 therefor, the name of the owner of the building, and the situation of the build- 
 ing by street and number, if the street be known. 
 
 This lieu shall take effect from the time of depositing the same in the office of 
 the county clerk, and shall continue in force for the term of 12 months. 
 
 Any contractor, sub-contractor, or laborer performing any work, or assignee 
 thereof, and any resident of said county furnishing any materials as above pro- 
 vided, may, after such labor has been performed, or materials furnished, and 
 the service of the notice required above, bring an action in the Superior Court 
 in the county in which the property is situated, or in the County Court of said 
 county, when the amount exceeds $50, to enforce said lien, which said action 
 shall be commenced by serving a notice containing a statement of the facts con- 
 stituting the claim, and the amount thereof, on the owner of the property, or 
 his agent, requiring the said owner to appear in person or by attlbrney within 
 30 days after such service, and answer the same, and serve a copy of such 
 answer, together with a notice of any set-off that he may have on the claimant 
 
EXEMPTION, LIEN LAWS, ETC. — NEW YORK. - 349 
 
 or his attorney ; or in default tliereof, that the claimant will take jtidgment 
 against the said owner for the amount claimed to be due for the labor per- 
 formed or the materials furnished, with interest thereon and costs ; and for the 
 purpose of more effectually transacting the business contemplated by this act, 
 said Supreme Court and County Court shall he deemed to be always open. 
 
 Within 30 days after the service of such notice and bill of particulars, the 
 defendant shall personally serve the claimant or his attorney with a copy of 
 his answer and notice of set-off, if any he has, duly verified by the oath of the 
 owner, his agent, or contractor, to the effect that the same is in all respects 
 true, or his default may be entered and judgment taken and enforced. 
 
 When the amount of the lien claimed is for $100 or imder, the claimant ttiay 
 commence such action in a Justice's Court of the town in which the building is 
 located, by serving a notice upon the owner or his agent anywhere within this 
 State, requiring such owner to appear before a Justice of the town in which the 
 property is situated, which said notice shall contain a statement of the facts 
 constituting the claim, and the amount thereof, and shall require such owner to 
 appear before said Justice in person or by attorney at a time certain, not less 
 than 30 days after such service,- and answer the same, or in default thereof, that 
 the claimant will take judgment against such owner for the amount so claimed 
 to be due, with interest thereon and costs. 
 
 Any laborer performing such labor for a contractor may, within 30 days aftei 
 such labor has been performed, and claiming to have a lien therefor, produce 
 and deliver to the owner or his agent a statement in writing, signed by himself 
 • and the said contractor, specifying how much is due to such person for such labor 
 done ; or in default of so doing, shall take the necessary proceedings against 
 such contractor to procure a settlement of the amount due. The amount so 
 ascertained to be due shall be paid by the owner, and the same shall be deemed 
 to be a payment by the owner on the contract made with such owner or his 
 agent. 
 
 In the city of New York, any person or persons who shall hereafter, as con- 
 tractor, laborer, workman, merchant, or trader, in pursuance of, or in conformity 
 with the terms of any contract with or employment by the owner, or by or in ac- 
 cordance with the directions of the owner or his agent, perform any labor or furnish 
 any materials toward the erection of, or in altering, improving, or repairing of any 
 building or buildings, or the appurtenances thereto, shall have a lien for the value 
 of such labor and materials, or either, upon such house and the appurtenances and 
 lot on which the same shall stand, to the full value of such claim or demand, and 
 to the extent of the right, title, and interest then existing of the owner of said 
 premises in favor of every person or persons who shall be employed by any 
 owner, contractor, sub-contractor, jobber, or master workman in manner afore- 
 said, and notwithstanding any sale, transfer, or encumbrance made or incurred at 
 any time after the commencement of the work or furnishing materials .- Provided, 
 That at any time before the^fhole work is completed, or within 3 months after 
 the work is done or the materials furnished, for which a lien is sought, if the 
 work is then finished or abandoned, any claimant file with the county clerk a 
 notice, stating the residence of the claimant, verified by his oath, or affirmation, 
 stating the amount claimed, from whom, and to whom due, with a brief descrip- 
 tion of the premises, by street, number, or a diagram of boundary, or by a 
 reference to maps open to the public, so as to furnish information to persons 
 
350 ' APPENDIX. 
 
 examining titles, and the supposed owner, although no error in the owner's name 
 shall impair the validity of the lien. The clerk shall enter in a lien docket the 
 name and residence of the claimant, the person against whom claimed, the 
 amount, and the date of filing, the street and particular place where located, 
 and- he shall receive 10 cents on filing the same. He shall also enter on this 
 docket a notice that a suit is commenced thereon, upon a notice of that fact and 
 affidavit of service being filed with him, for which he shall receive 5 cents. The 
 county clerk shall make searches for such liens on being furnished with a proper 
 description of any property, and without reference to the individuals against 
 whom the lien is filed, his feas to be 5 cents per year for the time embraced in 
 said search. 
 
 Any person or persons having filed a notice of lien, may, in 10 days there- 
 after, institute a proceeding to enforce or foreclose the lien, and any owner or 
 other person interested may also commence such proceedings, and every person 
 or persons who have filed liens shall be parties to and have notice of the said 
 proceedings, and, before final judgment, shall be notified to appear and join in 
 the said proceedings, such notice to be served at least 5 days before the enter- 
 ing of said judgment. Where the aggregate of liens shall be less than $500 the 
 said proceedings may be had before any court in the said city, and where they 
 exceed that sum, when the proceedings are commenced, the action shall be con- 
 ducted in a court of record having equity jurisdiction, and none of the courts 
 in the said city shall be deprived of jurisdiction by reason of the residence of 
 any parties elsewhere, and service of process in such actions may be by publi- 
 cation as to any of the parties not residing in this State, or who may have re- 
 moved therefrom. 
 
 Liens shall in all cases cease after 1 year, unless by order of court the lien is 
 continued and a new docket made stating such fact without a discharge of the 
 lien. 
 
 All former acts giving liens in the city of New York to mechanics and others 
 erecting buildings in the city of New York are repealed, except so far as may 
 be necessary to carry into effect liens acquired before this act takes effect ; and 
 any person or pe^-ions performing work or furnishing materials under any con- 
 tract made prior to July 1st, 1863, may thereafter acquire a lien therefor pur- 
 suant to the provisions of this act. 
 
 No transfer or assignment of his interest in the contract by the contractor 
 shall be valid as against parties entitled to file liens under said contract against 
 said contractor. 
 
 For the purposes of this act, any person or persons who may have sold or 
 disposed of his or their lands upon an executory contract of purchase contingent 
 upon the erection of buildings thereon, shall be deemed the owner, and his 
 vendee the contractor, and said owner shall in all respects be subject to the pro- 
 visions of this act. 
 
 This act shall take effect on the 1st day of July, 1863. 
 
 In the Counties of Kings and Queens. 
 
 Any person who shall perform any labor or furnish materials in building, 
 
 altering, or repairing any house, building, or other improvement upon lands or 
 
 appurtenances to such house or building, by virtue of any contract with the 
 
 owner thereof, or his agent, or with any contractor or sub-contractor, or any 
 
-NEW YORK. 351 
 
 person permitted by the owner of such lands to build, repair, alter, or improve 
 as aforesaid, witliin the counties of Kings or Queens, shall have a lien therefor 
 to the value of the sum agreed to upon the same, to the extent of the right, 
 title, and interest, at that time existing, of such owner : Provided, That within 
 3 months after the performance of such labor, or the furnishing of such ma- 
 terials, the contractor, sub-contractor, laborer, person furnishing materials, or 
 other claimant, shall serve a notice in writing upon the county clerk of the 
 county or counties aforesaid, in which the land and premises, or any portion 
 thereof, may be situated, specifying the amount of the claim and the person 
 against whom the claim is made, the name of the owner of the building, and 
 the situation of the building by its street and number, if the number be known. 
 The said county clerk shall enter the particulars of such notice in a book to be 
 kept in his office, to be called "the lien docket." A fee of 10 cents shall be 
 paid to the county clerk on filing such lien. A copy of said notice shall be 
 served on said owner by delivering the same personally, when possible, or, if 
 he be out of this State, by delivering the same to his agent personally ; and 
 after such service such owner shall not be protected in any payments made by 
 him to such contractor or other clainjant in this section specified. 
 
 Every lien created under this act shall continue until the expiration of 1 year 
 from the creation thereof, and until judgment rendered in any proceedings for 
 the enforcement thereof. 
 
 Any claimant, under or by virtue oT any such lien or any such notice, may, 
 after such labor has been performed or materials furnished, and after the filing 
 of such notice, enforce or bring to a close such lien, by a civil action in a court 
 of record in the city or county in which such lands or any portion of them may 
 be situated, at a certain date within 30 days of the service of such notice, and 
 submit to a settlement in such court of the amount claimed to be due. 
 
 When the action or proceedings are commenced by a person having a claim 
 against a contractor with the owner, or against a sub-contractor with the con- 
 tractor or other sub-contractor, such contractor or sub-contractor may be made 
 a defendant with such owner, and judgment may be rendered against the con- 
 tractor or sub-contractor for the amount which shall be found owing by him, 
 in addition to the judgment hereinbefore provided for against such owner, and 
 the court may award costs against such of the parties as shall be just. 
 
 The lien laws passed in 1853 and 1858 are now repealed. 
 
 COLLECTION LAWS. 
 A debtor may be arrested in this State only when it can be proved that he 
 used fraud in contracting the debt, or that he concealed or put his property out 
 of his hands for the purpose of defeating his creditors. Before the complainant 
 can obtain the order of arrest, he must give security that he will pay all costs 
 and damages consequent upon the arrest, in case the defendant should succeed 
 in recovering judgment. The defendant, when arrested, may give bail by caus- 
 ing a written undertaking to be executed by 2 or more responsible bondsmen, 
 in the sum demanded by the Judge, to the effect that he, the defendant, will at 
 all times hold himself in readiness to respond to any demand for his appearance 
 at the court. His sureties may, at any time previous to the termination of the 
 suit, withdraw their bonds for his appearance ; or the defendant may surrender 
 himself to the Sheriff, who will detain him till the rendering of the verdict. 
 
352 APPENDIX- 
 
 [Women are liable to arrest in this State only in cases of willful injury to per- 
 Bon, character, or property.] 
 
 LIMITATION LAWS. 
 
 Actions which must he commenced within 20 years after the cause of action 
 accrued. — All actions upon judgments or decrees of any court or courts in the 
 United States ; upon sealed instruments ; and for the recovery of real estate. 
 
 Within 6 years. — All actions upon unsealed contracts, obligations, or liabilities, 
 express or implied ; for trespass on real estate ; for taking, detaining, or injur- 
 ing goods or chattels ; for the specific recovery of personal property ; for crim- 
 inal conversation ; and for injury to the person or rights of another. 
 
 Within 2 years. — All actions for libel, slander, assault, battery, false imprison- 
 ment, and for forfeitures or penalties to the people of the State. 
 
 In a case of open account, cause of action accrues from the time when proof 
 is giverf of the last item in the account. 
 
 All actions to enforce the payment of bills, notes, or other evidences of debt, 
 issued by moneyed corporations, or put in circulation as money ; and all actions 
 against directors or stockholders of moneyed corporations or banking associSi- 
 tions, to recover an imposed penalty or forfeiture, or to enforce a liability 
 created by law, must be brought within 6 years after the discovery by the 
 aggrieved party of the facts upon which the penalty or forfeiture attached, or 
 the liability was created. 
 
 No acknowledgment or promise shall be sufficient evidence of a new or con- 
 tinuing contract, unless the same be contained in some writing, signed by the 
 party to be charged thereby. But this section shall not alter the effect of any 
 payment of principal or interest. 
 
 Absence from the State by a party against whofa cause of action has accrued 
 shall not be computed. 
 
 If a person entitled to bring an action be at the time of the cause of action a 
 minor, a lunatic, a married woman, or imprisoned, the time of such disability 
 is not a part of the time limited for the commencement of the action, except 
 that the period within which the action must be brought cannot be extended 
 more than 5 years by such disability, except in case of infancy ; nor can it be 
 so extended in any case longer than 1 year after the disability ceases. 
 
 INTEREST LAWS. 
 The rate of legal interest is 1 per cent. All contracts wherein an excess of 
 that rate is received, are void. Corporations cannot plead usury. 
 
 STATE OF NORTH CAROLINA. 
 
 EXEMPTION LAWS. 
 Personal Property. — ^AU wearing apparel ; working-tools ; arms for muster ; 
 1 bed and furniture ; 1 spinning-wheel, cards, and 1 loom ; 1 Bible and Testa- 
 ment, 1 hymn-book, 1 prayer-book, and all necessary school-books, the property 
 of defendant. The following articles belonging to any housekeeper are also 
 exempt : 1 cow and calf, and 1 loom ; 1 Bible and Testament ; 1 hymn-book ; 
 1 Testament; 10 bush, of corn or wheat; 50 lbs. of bacon, beef, or pork, or 1 
 bbl. of fish ; all farming-tools necessary for one laborer ; 1 bedstead, bed, and 
 
EXEMPTION, LIEN LAWS, BTO. — OHIO. 353 
 
 tedding for every two members of the family, and such other property, to the 
 value of $50, as may be selected by three disinterested freeholders, appointed 
 by any Justice of the Peace in the county, upon application made by the de- 
 fendant. 
 There is no real-estate exemption. 
 
 LIEN LAWS. 
 Any person constructing, altering, or repairing any building under a written 
 contract, signed in the presence of two attesting witnesses, shall, upon filing such 
 contract in a court of record, have a legal lien upon such building for the term of 
 3 years after the term of such filing. But such lien will not impair or take 
 precedence of any prior lien, nor remain in force longer than the time specified, 
 unless process shall be previously taken to enforce payment of the debt. 
 
 COLLECTION LAWS. 
 Imprisonment for debt does not exist. When a debtor has removed, or is 
 removing privily out of the county, or absents himself, so that process cannot 
 be served upon him, an attachment may issue against the estate, real and per- 
 sonal, of such debtor, wherever the same may be found. An attachment may 
 also issue in favor of a resident of the State against the estate of a non-resident. 
 
 LIMITATION LAWS. 
 
 Actions which must be commenced within 7 years after the caiise of action 
 accrued. — All claims for the recovery of lands. 
 
 Within 3 years. — All actions of account, arrearages of rent, of debt upon simple 
 contract, and of detinue, replevin, or trespass, either for goods and chattels, or 
 upon land. 
 
 Within 1 year. — All actions for trespass, assault, battery, wounding, and im- 
 prisonment. 
 
 Within 6 months. — All actions for slander and libel. 
 
 Minors, married women, lunatics, prisoners, and persons beyond seas, have 
 the same periods after the removal of their disability. 
 
 INTEREST LAWS. 
 The rate of legal interest is 6 per cent. All contracts for an increased rate 
 are void, and the party exacting a higher rate than 6 per centum per annum 
 is liable to a forfeiture of double the amount of the debt, one-half of which 
 goes to the State and the other half to the prosecution. 
 
 STATE OF OHIO. 
 
 EXEMPTION LAWS. 
 
 Personal Property. — Every householder can exempt from execution the wear- 
 ing apparel of the family ; the necessary bedsteads, beds, and bedding ; 1 stove 
 and pipe ; fuel sufficient for 60 days' consumption ; 1 cow, or household furni 
 ture, if the debtor own no cow, to the value of $15 ; 2 swine, or the pork there- 
 from, or, if the debtor own no swine, furniture to the value of $6 ; 6 sheep, the 
 23 
 
354 APPENDIX. 
 
 wool therefrom, and the cloth and articles manufactured from the wool ; or, in 
 lieu of sheep, furniture to the value of $10 ; and sufficient food for the exempt 
 stock for 60 days ; also the Bibles, hymn-books. Psalm-books, Testaments, and 
 school-books used in the family, and all family pictures ; also provisions to the 
 value of $40, to be selected by the debtor; and articles of household or kitchen 
 furniture, necessary for himself and family, to the value of $30 ; also the tools 
 and implements selected by the debtor, to the value of $50, and necessary in 
 earrying on his trade or business. All questions arising as to the number of 
 beds necessary for the family, the amount of fuel necessary for 60 days, the 
 quantity of food for the support of the animals exempt, &c., must be determined 
 by two disinterested freeholders, selected by the officer holding the execution. 
 These also appraise the property claimed by the debtor as exempt. 
 
 Real Estate. — The family homestead is exempt from execution, provided it 
 does not exceed $500 in value. 
 
 On petition of executors or administrators to sell the lands of a deceased 
 debtor to pay his debts, if the deceased has left a Vv'idow or minor child or 
 ' children unmarried, the appraisers shall set apart a homestead ; and the home- 
 stead shall remain exempt so long as any unmarried minor child resides thereon 
 although the widow may have previously died, and although the parent from 
 whom the homestead descended may have left neither wife nor husband sur- 
 viving. Every widow or widower having an unmarried child or children 
 residing with him or her, and married persons living together as man and wife, 
 though without children, are entitled to the privileges of homestead exemption 
 as also are persons owning dwellings occupied by themselves as homesteads, 
 though built upon land owned by another. 
 
 When, in the opinion of the appraisers, it would injure the property of the 
 debtor to separate the homestead, the plaintiff in execution receives, in lieu of 
 the proceeds of the sale, a sum annually, above $40, as the appraisers shall de- 
 cide upon as a reasonable rent ; and he continues to receive this rent in quar- 
 terly payments until the debt, interest, and costs are paid. The payments are 
 to be made quarterly, and if, within 10 days after the payment becomes due, 
 the defendant does not pay the same, the officer proceeds to sell the homestead, 
 observing the same process provided in other cases for the sale of real property. 
 But the homestead cannot be sold for less than its appraised value. The plain- 
 tiff, when in receipt of rent, may cause a re-appraisement as often as once in 
 2 years, and the rent shall be paid according to the new appraisement. If, be- 
 tween any 2 appraisements, the value of the homestead has not increased $100, 
 the costs of the appraisements must be paid by the plaintiff. 
 
 LIEN LAWS. 
 
 Any person laboring on or furnishing labor or materials for constructing 
 •altering, or repairing any building, shall have a lien therefor on the same, and 
 on the land necessarily connected therewith. To bind the lien, he, within 4 
 months from the performance of such labor or delivery of such materials, must 
 deliver to the owner of the building an attested statement of the particulars of 
 the claim remaining unpaid ; whereupon, if the account be that of a mechanic 
 or laborer, the owner is authorized to pay the amount, and to deduct,the same 
 from what may be owing by him to the contractor. Should the owner fail or 
 refuse to pay the account, or should the statement be that of a contractor or 
 
ETC. — OHIO. 355 
 
 sub-contractor, the correctness of the claim and the fact of the refusal or failure 
 of the owner to pay it must be sworn to before a magistrate, and the account 
 and affidavits then filed in the office of the Recorder of the county, when the 
 lien shall remain upon the same building and land for the term of 2 years from 
 the commencement of such labor or the furnishing of such labor or materials. 
 Any suit brought within said 2 years will continue said lien till the rendering 
 of judgment. 
 
 All steamboats and other water-crafts, of 20 tons burden and upwards, navi- 
 gating the waters within or bordering upon this State, shall be liable, and such 
 liability shall be a lieu thereon, for all debts contracted on account thereof, by 
 the master, owner, steward, consignee, or other agent, for materials, supplies, 
 or labor in the building, repairing, furnishing, or equipping the same, or for in- 
 surance, or due for wharfage, and also for damages arising out of any contract 
 for the transportation of goods or persons, or for injuries done to persons or 
 property by such craft, or for any damages or injury done by the captain, mate, 
 or other officers thereof, or by any person under the order or sanction of either 
 of them, to any person who may be a passenger or hand on such steamboat or 
 other water-craft at the time of the infliction of such damage or injury. 
 
 COLLECTION LAWS. 
 No woman, nor any officer or soldier of the Revolutionary war, can be ar- 
 rested or imprisoned in any case where the action is founded on contract ; nei- 
 ther can any person be imprisoned for debt, except in cases of fraud. An exe- 
 cution against the person of a debtor, and requiring his committal to the county 
 jail until he satisfy the judgment, or is otherwise lawfully discharged, may issue 
 upon any judgment for the payment of money, in the event of the judgment 
 debtor having removed, or commenced to remove, any of his property out of 
 the jurisdiction of the court, in order to prevent the collection of money due on 
 the judgment ; or wten he is possessed of property which he fraudulently con- 
 ceals with like intent ; or when he has disposed of his property, or any part 
 thereof, to prevent its being taken in execution ; or if he fraudulently con- 
 tracted the debt on which the judgment is rendered ; or when he was arrested 
 on an order before judgment, and has not been discharged as an insolvent 
 debtor, or the order has not been set aside. Plaintiff must, in all cases, give a 
 bond, with sufficient sureties, to pay the defendant any damages which may 
 ensue from a wrongful attachment, not exceeding double the amount of the 
 claim. A creditor, on giving a like bond, may make a similar affidavit before 
 his amount is due, and on his filing it with the clerk of the Court of Common 
 Pleas, an attachment may issue against the property, real or personal, of the 
 debtor. In such actions, plaintiff cannot have judgment until the claim is due. 
 
 LIMITATION LAWS. 
 
 Actions which miist be commenced within 21 years after the cause of action 
 accrued. — All actions for the recovery of real estate. 
 
 Within 15 years. — All actions on specialty, agreements, contracts, or written 
 promises. 
 
 Within 6 years. — All actions on contracts not in writing, express or implied, 
 and on a liability by statute for a forfeiture or penalty. 
 
 Within 4 years. — All actions for trespass on real estate ; for taking, detain- 
 
356 APPENDIX. 
 
 ing, or injuring personal property; for tlie recovery of personal property ; and 
 for relief on the ground oi fraud. 
 
 Within 1 year.— AW actions for libel, slander, assault, battery, malicious 
 prosecution, and false imprisonment. 
 
 Minors, married women, lunatics, and prisoners, are entitled to the same 
 periods, after their disability is removed. 
 
 Absence of defendant from the State, or the time during which he conceals 
 himself to avoid process, is not computed in the limitation. 
 
 INTEEEST LAWS. 
 The rate of legal interest is 6 per cent. ; but parties may contract for a higher 
 rate, not exceeding 10 per cent. ; if in excess of that, the contract is void. 
 
 STATE OF OREGON. 
 
 EXEMPTION LAWS. 
 
 Personal Property. — Books, pictures, and musical instruments, owned by any 
 person to the value of $75 ; necessary wearing apparel owned by any person 
 to the value of $100, and if such person be a householder, for each member of 
 his family to the value of $50; the tools, implements, apparatus, team, vehicle, 
 harness, or library, necessary to enable any person to carry on the trade, occu- 
 pation, or profession by which such person habitually earns his living, to the 
 value of $400 ; also sufficient quantity of food to support such team, if any, for 
 60 days. The word team, in this subdivision, shall not be construed to include 
 more than 1 yoke of oxen, or a pair of horses or mules, as the case may be ; to 
 each householder, 10 sheep, with one year's fleece, or the yarn or cloth manu- 
 factured therefrom ; 2 cows and 5 swine ; household goods, furniture, and uten- 
 sils, to the value of $300; also foodsufficientto support such animals, if any, for 3 
 months, and provisions actually provided for family use, and necessary for the 
 support of such householder and family for 6 months ; the seat or pew occupied 
 by a householder or his family in a place of worship ; but no article of property 
 mentioned shall be exempt from execution issued on a judgment for its price, 
 or upon a mortgage thereon. 
 
 Meal Estate. — When a person shall die, leaving a, widow, minor child, or 
 children, the widow, child, or children shall, until letters have been granted, 
 and the inventory returned, be entitled to remain in possession of the home- 
 stead, and of all the wearing apparel of the family, and of all the household 
 furniture of the deceased, and shall also be entitled to a reasonable provision 
 for their support, to be allowed by the Probate Judge. Upon the return of the 
 inventory, the court shall set apart, for the use of the widow, minor child or 
 children, all the property of the estate by law exempt from execution. If the 
 amount thus exempt be insufficient for the support of the widow and minor child 
 or children, the Probate Court shall make such further reasonable allowance out 
 of the estate as may be necessary for the maintenance of the family, according 
 to their circumstances, during the progress of the settlement of the estate ; bat 
 nb such allowance shall be made after 1 year from the granting letters testa- 
 
EXEMPTION, LIEN LAWS, ETC. — OREGON. 357 
 
 mentary or of administration. Any allowance made by the court in accordance 
 with the above provisions shall be paid by the executor or administrator, in 
 preference to all other charges, except funeral charges and expenses of admin- 
 istration. When property shall have been set apart for the use of the family, 
 in aocordanoo with the foregoing provisions, if the deceased shall have left a 
 widow and no minor children, such property shall be the property of th" 
 widow ; and if he shall have left also a minor child or children, one-half to 
 the widow and the remainder to such child, or in equal shares to such children, 
 if there are more than 1 ; if there be no widow, then the whole shall Taelong 
 to the minor child or children. If, on the return of the inventory of any intes- 
 tate's estate, who died leaving a widow or minor children, it shall appear that 
 the value of the estate does not exceed $300, the Probate Court shall, by decree 
 for that purpose, assign for the use and support of the widow, or minor child 
 or children of the intestate, or if there be no widow, to the child or children, 
 the whole estate, after the payment of the funeral expenses and the expenses 
 of administration. 
 
 LIEN LAWS. 
 
 Any person who shall, by virtue of any contract with the owner of any 
 building, or with the agent of such owner, perform any labor upon, or furnish 
 any materials, engine, or machinery for the construction or repairing of such 
 building, shall, upon filing a notice in the Recorder's office of the county in 
 which such building is situated, at anj' time within 3 months after the comple- 
 tion of such building or repairs, stating his intention to hold a lien upon such 
 building for the amount due, or to become due, specifically settiig forth suc?i 
 amount, and containing a description of the building upon which the labor was 
 performed, or for which the materials, engine, and machinery were furnished, 
 such lien shall cease to exist at the expiration of 1 year after the completion of 
 the building or repairs, unless before that time an action to enforce the same 
 shall have been commenced in the District Court of the county in which the 
 premises are situated, by the person having such lien, against the owner with 
 whom, or with whose agent, the contract was made, unless such claim be not 
 due at the expiration of 1 year after such completion, in which case the action 
 shall be commenced within 3 months after the same shall have become due. 
 Such lien against any building shall also extend to the lot of ground upon which 
 such building is erected, not exceeding one-half of an acre in extent, if the land 
 shall have been, at the time of erecting such building, the property of the per- 
 son who shall have caused the same to be erected. 
 
 Every boat or vessel used in navigating the waters of this State shall be 
 liable and subject to a lien for wages due to persons employed, for work done 
 or services rendered on board of such boat or vessel ; for all debts contracted 
 by the master, owner, agent, or consignee thereof, on account of labor done, or 
 materials furnished by mechanics, tradesmen, or others, in the building, repair- 
 ing, fitting out, furnishing, or equipping such boat or vessel, or on account of 
 stores and supplies furnished for the use thereof; lor all sums due for wharfage, 
 anchorage, or towage of such boats or vessels ; and snch lien shall have prece- 
 dence of all other liens and claims against such boat or vessel. All actions 
 against a boat or vessel shall be commenced within 1 year after the cause o' 
 action shall have accrued. 
 
358 APPENDIX. 
 
 COLLECTION LAWS. 
 
 A debtor may be arrested in this State, if the creditor can prove on oath 
 that the said debtor is not a resident of the State, or has departed therefrom, or 
 that there is good reason to believe that he is about to leave the State, with the 
 intent to delay or defraud his creditors, or to avoid the service of a summons ; 
 or that he has assigned, secreted, or disposed of, or is about to assign, secrete, 
 or dispose of, his property, or any part thereof, with the intent to delay or de- 
 fraud his creditors ; or that the debt was fraudulently contracted. 
 
 Before executing a writ, the Sheriff to whom it is directed shall require a 
 written undertaking on the part of the plaintiff, with 1 or more sureties, in a 
 sum not less than $100, nor exceeding the amount claimed by the plaintiff, to 
 the effect that, if the defendant recover judgment, the plaintiff will pay all 
 costs that may be awarded to the defendant, and all damages which he may 
 sustain by reason of the attachment, not exceeding the sum specified in the 
 undertaking. 
 
 LIMITATION LAWS. 
 
 Actions which must be commenced within 20 years. — All actions for the re- 
 covery of real property, and for the possession thereof. 
 
 Within 10 years. — All actions upon a judgment or decree of any court of 
 Ihe United States, or Territories of the United States, and all actions upon a 
 sealed instrument. 
 
 Within 6 years. — All actions upon a contract or liability, express or implied, 
 excepting those mentioned above ; all actions for waste or trespass upon real 
 property; all actions for taking, detaining, or injuring personal property, in- 
 cluding an action for the specific recovery thereof; all actions for criminal con- 
 versation, or for any other injury to the person or rights of another, not here- 
 , inafter enumerated. All actions for relief on the ground of fraud, where the 
 aggrieved party has discovered the facts constituting the fraud. 
 
 Within 3 years. — All actions against a Sheriff, Coroner, or Constable, upon a 
 liability incurred by the doing of an act in his ofBcial capacity, and in virtue 
 of his office. All actions upon a statute, for penalty and forfeiture, where the 
 action is given to the party aggrieved, except where the statute imposing it 
 prescribes a different limitation. 
 
 Within 2 years. — All actions for libel, slander, assault, battery, or false im- 
 prisonment ; all actions upon a statute for a forfeiture or penalty to the State. 
 
 Within 1 year. — All actions against a Sheriff or other officer, for the escape 
 of a prisoner arrested on civil process ; all actions to recover a balance due 
 upon a mutual, open, and current account, from the time of the last item 
 proved in the account on either side. 
 
 INTEREST LAWS. 
 
 The rate of legal interest is 10 per cent, for money loans or money payable 
 on settlement of accounts, from the date of liquidating the same and ascertain- 
 ing the balance. 
 
EXEMPTION, LIEN LAWS, ETC. — PENNSYLVANIA. 359 
 
 STATE OF PENNSYLVANIA. 
 
 EXEMPTION LAWS. 
 
 Personal Property. — Property to the value of $300, over and above all wear- 
 ing apparel of defendant and hia family, and all Bibles and school books used in 
 the family, are exempt. The debtor must elect to retain either real or personal 
 estate of the value mentioned. Bonds, mortgages, or other contracts for the 
 purchase-money of real estate, are excepted from the operation of the statute. 
 
 If the debtor, when real estate is seized, fails to make his election lo retain 
 real estate, he is not entitled to |300 from the proceeds of the sale. The claim 
 to personal estate, in order to avail the defendant, must be made before the sale ; 
 and if he neglect to enter his claim, he thereby waives all benefits to be derived 
 from the statute. If the debtor waives his right to the exemption by agree- 
 ment with one execution debtor, it is a waiver as to all other creditors. The 
 widow or children of a deceased debtor may retain property belonging to his 
 estate, to the value of $300, and the executor or administrator cannot sell the 
 same, but must suffer it to remain for the use of the widow and family, unless 
 the claim be founded on a lien for the purchase-money of real estate. 
 
 LIEN LAWS. 
 
 Any person furnishing labor or materials for constructing, altering, or repair- 
 ing any building, has a lien therefor on the same, and also on the land for the 
 purposes of the building. This lien takes precedence of all that may subse- 
 quently attach. To enforce it, a statement of the claim and of the agreement 
 on which it is founded must be filed in the office of the Prothonotary (Clerk) of 
 the Court of Common Pleas, in the county where the property is situate. If 
 this statement be not so filed, the lien will continue only 6 months; if it be 
 filed, the lien will remain in force 5 years from the date of such filing, when it 
 may be renewed by giving the owner notice of the lien-holder's intention to 
 make an application to that effect. 
 
 All ships, steamboats, or vessels navigating the rivers Allegheny, Mononga- 
 hela, or Ohio, in this State, shall be liable and subject to a lien in the following 
 ca.«es : 
 
 1st. For all the wages due to hands or persons employed on board such ships, 
 steam or other boats, or vessels, for work done, or for services rendered on 
 board or for the same. 
 
 2d. For all debts contracted for materials furnished, or work or labor done. 
 
 8d. For all bills, bonds, notes, or any other obligation of indebtedness, 
 whether the same be signed and given on account of work or labor done, or 
 materials furnished in the building, repairing, fitting, furnishing, equipping, or 
 insuring, or for sums due for wharfage or anchorage, such ships, steam or 
 other boats, or vessels, as hereinbefore specified or enumerated: Provided, That 
 the lien of the same shall continue in favor and to the benefit of all and every 
 party or parties whomsoever, into whose hands the same may have passed by 
 transfer, assignment, or otherwise. 
 
 No more than 3 months' wages can be recovered in any suit upon a lien 
 in the first class above specified, and the suit must be commenced within 60 
 days after 3 months' wages shall have become due. 
 
360 APPENDIX. 
 
 AH suits upon liens in any other than the first class above enumerated must 
 be commenced within 2 years after the said materials are furnished, or work or 
 labor done. 
 
 COLLECTION LAWS. 
 
 A debtor cannot be arrested for debt except when about to remove any of 
 his property out of the jurisdiction of the court in which suit is brought, with 
 intent to defraud his creditors ; or when he has disposed, or is about to dispose, 
 of ]iis property, or secrete it, to defeat the claims of his creditors ; or when he 
 has rights in action, or interest in any public or corporate stock, or evidences 
 of money due him, which he refuses to apply to the payment of any judgment 
 or judgments against him; or when he has employed fraud in incurring the 
 debt. His property may be attached when he is about to remove it, in whole 
 or in part, from the county in which he has been accustomed to reside ; when 
 lie remains absent from the State, or confines himself to his own house, or 
 otherwise conceals himself, for the purpose of defrauding his creditors. 
 
 LIMITATION LAWS. 
 
 Actions which must be commenced within 21 years after the cause of action 
 accrued. —All actions for the recovery of lands. 
 
 Within 6 years. — All actions of account between retailer and consumer; ac- 
 tions of debt founded upon any contract without specialty ; for arrearages of 
 rent, except the proprietaries' quit rents ; actions of replevin for goods and chat- 
 tels ; and all actions of trespass upon land. 
 
 Within 2 years. — All actions of trespass, assault, menace, battery, wounding, 
 and imprisonment. 
 
 Within 1 year. — All actions for libel and slander. 
 
 Infants, lunatics, married women, and persons imprisoned, have 10 years 
 after their disability is reinoved. Parties out of the United States may bring 
 the above actions within the times respectively limited, after the disability is 
 removed. 
 
 INTEREST LAWS. 
 
 The rate of legal interest is 6 per cent. ; usurious interest cannot be recovered, 
 and if paid, the party may be compelled to return the excess. The entire con- 
 tract is not rendered void, however, because of usury. 
 
 STATE OF RHODE ISLAND. 
 
 EXEMPTION LAWS. 
 ■ Personal Property. — In this State the law exempts from sale on execution the 
 household furniture and family stores of a housekeeper, provided the same do 
 not exceed in value the sum of $200; all the necessary wearing apparel of a 
 debtor and his family ; 1 cow and 1 hog, together with the tools or implements 
 of his trade or profession, to the value of $50. 
 
 LIEN LAWS. 
 Any person furnishing labor or materials for constructing, altering, or re- 
 pairing, on written contract with the owner or his agent, any building, canal, 
 
EXEMPTION, LIEN LAWS, ETC. — KHODE ISLAND. 361 
 
 turnpike, railroad, or other improvement, shall have therefor a lien, which shall 
 take precedence of all subsequent liens, the building, or other improvement, aa 
 the case may be, and the land ou which it is situate, standing pledged for the 
 debt for the term of 4 months from the completion of the work, when it shall 
 cease, unless legal action be previously taken to enforce payment of the debt. 
 No person performing labor on such building, or other improvement, can have a 
 lien upon the same, unless he .shall, within 30 days after commencing the work, 
 give notice in writing to the owner of the property that he has commenced the 
 work, and that he designs to claim tlie benefit of the lien created by this act. 
 But this lien will cease at the expiration of 4 months from the serving of such 
 notice, unless legal action shall be previously taken to enforce the payment of 
 tlie claim. 
 
 All steam engines, in all their parts, and all boilers, kettles, or vats, made of 
 iron, copper, wood, or other materials, whether set in brick or stone, or not so 
 set ; and all water-wheels, gearing, or shafting in any mill or building, and 
 there used or intended to be used ; and all steam-pipes, gas-pipes, and water- 
 pipes, cocks, and eave- troughs, made of copper or other metal, attached to any 
 mill or other building, shall, for all the purposes of lien, be considered and 
 treated as parts of such mill or other building. 
 
 COLLECTION LAWS. 
 Debtors are liable to arrest. This applies to males and females. The latter 
 however, are only liable where the debt or damages recovered exceed $50. She 
 may be arrested on a writ of execution for a less sum, when the contract is 
 under seal. Whenever the Sheriff holding the warrant of arrest cannot find 
 defendant, he may attach his or her goods and chattels. 
 
 LIMITATION LAWS. 
 
 Actions which must be commenced within 20 years after the cause of action 
 accrued. — All accounts that concern trade or merchandise between merchant ■ 
 and merchant, their factors or servants. 
 
 Within 6 years. — All actions of covenant, account, arrearages of rent, detinue 
 or replevin, and of debt founded on contract without specialty. 
 
 Within 4 years. — All actions of trespass, and of trespass and ejectment. 
 
 Within 2 years. — All actions of slander and libel. 
 
 If any person, at the time such Action shall accrue, be a minor, a married 
 woman, a lunatic, imprisoned, or beyond the limits of the United States, he or 
 she may commence the same within the times specified after such disability is 
 removed. 
 
 If any person against whom there shall exist any of the above-mentioned 
 causes of action be without the limits of the State, or shall go out before the 
 action is barred, and shall not have or leave suflScieut property therein that can 
 be attached, the party entitled to such action may commence the same within 
 the time limited after such person's return into the State. 
 
 INTEEEST LAWS. 
 Unless a different rate is specified in contract, the legal rate of interest is 6 
 per cent, por annum. 
 
362 APPENDIX. 
 
 STATE OF SOUTH CAROLINA. 
 
 EXEMPTION LAWS. 
 Personal Property .—Th& law exempts to each family 2 bedsteads, beds, and 
 bedding; 1 spinning-wheel, and 2 pairs of cards; 1 loom; 1 cow and a calf; 
 all necessary cooking utensils ; and provisions to the value of $10. If the 
 debtor be a farmer, he may retain all necessary farming implements ; if a me- 
 chanic, the tools of his trade. 
 
 LIEN LAWS. 
 Any person constructing, altering, repairing, or furnishing materials for any 
 building, shall have a lien therefor on the same. But an agreement, specifying 
 the particulars of the work to be done or the materials to be furnished, and a 
 general description of the premises, and signed by the parties to the contract 
 and the owner of the property, in the presence of one or more attesting wit- 
 nesses, must be filed in the office of the Register of mesne conveyances for the 
 district in which the property is situate. The liea is in force for the term of 
 3 years from the filing of such statement. 
 
 COLLECTION LAWS. 
 When a debt exceeds the sum of $30.62, the debtor may be arrested and 
 held to bail, upon an affidavit of the amount of the debt being annexed to the 
 process. A debtor about to abscond before the maturity of his debt may also 
 be arrested and held to bail. Attachments may be issued against the property 
 of a debtor residing out of the State ; against a debtor who is making prepa- 
 rations to abscond from the State ; against a debtor who is removing, or about 
 to remove, from the district, (the State is divided into districts instead of coun- 
 ties ;) and against a debtor who secretes himself so that process cannot be served 
 upon him. 
 
 LIMITATION LAWS. 
 
 Actions which must he commenced within 7 years after the cause of action 
 accrued. — All claims for the recovery of lands. 
 
 All titles to lands or possessions for 7 years are good against all claims 
 
 vrhatsoever. In actions to try titles to lands, if the plaintiff or claimant dis- 
 
 ■ continue, or suffer a non-suit, verdict, or judgment against him, or in any other 
 
 way let the first action fall, he may bring a second action within 2 years ; 
 
 otherwise, he is barred. The second action is final. 
 
 Within 4 years. — All actions of trespass on land; trespass, detinue, and 
 trover ; and replevin, debt, and covenant. 
 • Within 1 year. — All actions of assault, battery, and imprisonment. 
 
 Within 6 months. — All actions of libel and slander. 
 
 Persons beyond seas, married women, and prisoners, may commence the 
 above actions 7 years after the removal of their disability ; minors 5 years 
 after their majority. 
 
 INTEREST LAWS. 
 The rate of legal interest is seven per cent. ; and a party receiving more than 
 that rate forfeits the entire interest and must pay all costs. 
 
EXEMPTION, LIEN LAWS, ETC. — TENNESSEE. 363 
 
 STATE OF TENNESSEE. 
 
 EXEMPTION LAWS. 
 
 Personal Property. — 1 cow and calf; 1 bedstead, and bed containing not more 
 than 25 lbs. of feathers ; 2 sheets, 2 blankets, and 1 counterpane. When the 
 family of the debtor consists of more than 6 children, an additional feather bed, 
 and an additional cow and calf, are exempt for every 3 children. The fol- 
 lowing are also exempt from execution : 6 knives and forks ; 6 plates ; 1 dish ; 
 1 pot ; 1 dutch oven ; 1 spinning-wheel ; 1 pair of cotton cards ; 1 chopping- 
 ax ; 5 sheep ; 10 swine ; all fowls and poultry ; Family Bible and hymn-book ; 
 1 loom ; 500 bundles -of oats ; 500 bundles of fodder ; 10 bushels of wheat ; 1 
 stack of hay ; 1 man's saddle and 1 side-saddle ; 1 bridle, ox-cart, yoke, ring, 
 staple, and log-chain ; 1 farm-horse, mule, or yoke of oxen ; 600 lbs. of pork or 
 bacon ; 100 bushels of corn ; 1 plough and ploughing-gear ; 1 iron wedge ; 1 
 set of mechanics' tools, necessary for one workman at any trade ; and the arms 
 and equipments of the militia. In case of the death of the householder, the 
 property is exempt in the hands of his widow ; or, if she did not survive him, 
 in those of his representatives, for the benefit of his children. 
 
 Heal Estate. — Before any person can be entitled to the benefit of the home- 
 stead exemption act, he must declare his intention of claiming the homestead, 
 by having a declaration and noting of such intention registered in the Register's 
 office in the county wherein the homestead is situated ; and the exemption of 
 the homestead dates from and after this registration. The homestead of every 
 housekeeper residing within the State, to the value of $500, and consisting of 
 a dwelling-house and out-buildings, and the land appurtenant thereto, shall be 
 exempt from attachment and execution, where the cause of action accrued after 
 the 1st of January, 1853. 
 
 The homestead must be set out of the real estate levied on, by three disinter- 
 ested freeholders, and only the remainder sold. If the homestead cannot be set 
 apart, the whole must be sold, and |500 of the proceeds paid to the clerk of the 
 court from which the judgment issued, to be used by him only for the purchase 
 of another homestead. The surplus proceeds of the sale are applied on the ex- 
 ecution. The widow of a housekeeper, or, in the event of a divorce resulting 
 from the husband's misconduct, the wife, is entitled to all the benefits of the 
 exemption ; so, also, are children during their minority. To become entitled 
 to the benefits of the exemption, the person claiming them must permanently 
 reside in the homestead. The homestead, when owned by a married man, can 
 only be aliened on mortgage by joint deed of husband and wife, except for pay- 
 ment of the purchase-money. 
 
 The person to whom a homestead is set apart, must, within 1 year, have 
 the same registered in the Register's office of the county wherein the land may 
 be, in order to obtain, a valid title thereto. » 
 
 LIEN LAWS. 
 Any person laboring, or furnishing labor or materials for constructing, alter- 
 ing, or repairing any building, or any machinist who may furnish or repair 
 machinery, shall have a lien therefor upon the same, for the term of 1 year- 
 after the performance or furnishing of such labor or materials, and till the de- 
 cision of any suit that may be instituted within that term, on account of such 
 
364 APPENDIX. 
 
 lien. To legalize such lien, however, a written notice of the lien-holder's claim, 
 duly verified, must first be given to the owner of the property, or his legal rep- 
 resentative, at tlie time the work is begun, or the materials furnished. 
 
 Any person laboring on. or furnishing materials for constructing, altering, 
 fitting, or repairing, or stores for provisioning, any vessel, shall have a iien 
 therefor on the same. Bat to legalize such lien, the lien-holder must institute 
 an action for the amount of his claim within 3 months from the time when the 
 services are rendered, the materials furnished, or the stores supplied. 
 
 COLLECTION LAWS. 
 Attachments may issne against the property of debtors resident within the 
 limits of the State, whenever the Sheriff of the county makes aflidavit that the 
 defendant is not to be found in his county ; also, when a creditor makes oath 
 that the debtor has absconded or secreted himself, so that process cannot be 
 served upon him , or that he is removing or about to remove himself or his 
 property out of the State ; or that he is secreting or disposing of his property ; 
 or that he is a non-resident. Plaintiff must likewise state in his affidavit the 
 amount of his claim. Citizens of other States may sue in the Circuit Courts of 
 the State or of the United States. Judgment may be obtained by sureties and 
 accommodation endorsers on motion, without notice, against their principals, 
 or co-sureties, for their proportion of the debt. Sureties and creditors can, 
 after obtaining judgment, recover from any person who may have received 
 usurious interest from their principal or debtor, the amount over and above the 
 legal rate of interest so received ; and this excess of interest in all cases consti- 
 tutes a fund in the hands of the usurer for the payment of the demands of bona 
 fide creditors. Execution issues against the real or personal property of the de- 
 fendant'immediately after the rendering of the judgment, and may be levied 
 and a bond taken by the officer, with security for the delivery, on or before the 
 first day of the term of court succeeding that in which execution issued, of suffi- 
 cient property to satisfy the judgment ; and in the event of the forfeiture of 
 tliis bond, a, writ authorizing a sale issues agaiflst defendant's property, and 
 that of his surety ; or the officer may proceed to sell under the original execu- 
 tion, and in case the amount is not raised by the second term after judgment, 
 defendant and his sureties are liable. Imprisonment for debt does not exist. 
 
 LIMITATION LAWS. 
 
 Actions which must he commenced within 7 yean after the cause of action 
 accrued. — All claims for the recovery of real estate. 
 
 Within 3 years. — All actions founded on accounts rendered ; of debt for arrear- 
 ages of rent ; of debt on simple contract ; and of detinue, replevin, and trespass, 
 either for goods and chattels, or upon land 
 
 Within 1 year. — All actions of assault, battery, wounding, and imprisonment. 
 
 Within 6 months. — All actions for libel and slander. 
 
 Minors, married women, lunatics, and persons beyond seas, have the same 
 periods, after their disability is removed. 
 
 INTEREST LAWS. 
 The rate of interest is..6 per cent. ; and a fine of not less than the amount taken 
 in excess of that rate may be levied upon the property of the party taking the 
 same. 
 
EXEMPTION, LIEN LAWS, ETC. — TEXAS. 365 
 
 STATE OF TEXAS. 
 
 EXEMPTION LAWS. 
 
 Personal Property is exempt from sale on execution ; household and kitchen 
 furniture, to the value of f200; farming implements, to the value of $50 ; the 
 tools, apparatus, and books appertaining to the trade or profession of any citi- 
 zen ; 5 milch cows, 1 yoke of oxen or 1 horse, 20 swine, and provisions for 1 
 year. 
 
 Peal Estate. — The homestead of a family, when without the limits of a city, 
 town, or village, must not contain more than 200 acres of land ; when within 
 such limits, it must not exceed $2,000 in value. The homestead cannot be 
 levied upon by execution, nor sold, when owned by a married man, without 
 the consent of the wife. 
 
 LIEN LAWS. 
 
 Any person furnishing labor or materials for constructing, altering, or re- 
 pairing of any building, shall have a lien therefor, of the nature of a mortgage, 
 on the same, and also on the land on which the building shall stand, until the 
 amount due for such services or materials shall be fully paid. The contract 
 for such labor or materials, or a true copy thereof, must be recorded in the 
 clerk's office of the county where the property is situate, within 30 days after 
 such contract is made. 
 
 Any person performing labor on a building, or the grounds necessarily con- 
 nected therewith, for a delinquent contractor, may present an attested state- 
 ment of the value of such labor to the owner of the property, who is authorized 
 by statute to pay the amount, and to deduct the same from what may be due 
 the contractor. [Incorporated cities are exempt from the operation of this law.] 
 
 COLLECTION LAWS. 
 The constitution of this State expressly forbids the arrest of any person for 
 debt. Attachments can be issued only against property, except in cases of 
 fraud. An attachment may be sued out against a debtor when a, summons to 
 answer to a civil suit shall be returned by the Sheriff, the debtor not being found 
 in the county ; and the attachment may be levied upon the property, real or per- 
 sonal, of said debtor. To obtain a writ of attachment, plaintiff or his agent 
 must make an affidavit to the effect that the defendant is justly indebted to him 
 in the surtt claimed ; that the defendant does not reside within the State, or that 
 he is about to remove therefrom ; or that he secretes himself, so that process 
 cannot be served ; or that he is about to remove his property out of the State, 
 and that the attachment is not sued out for the purpose of injuring the defend- 
 ant. The Judges and Clerks of District Courts and Justices of the Peace may 
 issue original attachments, returnable to their respective courts. When mak- 
 ing the affidavit, plaintiff, with two or more sureties, must give a bond, in 
 double the amount due, conditioned that he will prosecute the suit to effect, and 
 that he will pay such damages as may be adjudged against him for wrongfully 
 suing out such attachment. Writs of sequestration may issue under the fol- 
 lowing circumstances, viz : First, when a person sues for the title or posses- 
 sion of movable property or chattels, and makes affidavit that he fears the de- 
 
366 APPENDIX. 
 
 fend ant, or party in possession thereof, ■will injure or waste such property, or 
 remove the same out of the State during the pendency of the suit. Second, 
 when a person sues for the foreclosure of a mortgage, or the enforcement of a 
 lien upon movable property, and swears that he fears the defendant will in- 
 jure or waste such property, or remove such property out of the county. 
 Third, when any person sues for the title or possession of real property, and 
 makes oath that he fears the defendant, or party in possession thereof, may 
 make use of his possession to injure such property, or to waste the fruits and 
 revenue produced by the same, or convert them to his own use. Fourth, when 
 any person sues for the title or possession of any property from which he has 
 been ejected by force or violence, and shall make affidavit of such facts. Fifth, 
 when a married woman sues for a divorce, and makes oath that she fears that 
 her husband will waste her separate or their common property, or the fruits 
 of revenue produced by either, or remove the same out of the State during the 
 pendency of the suit. 
 
 LIMITATION LAWS. 
 
 Actions which must he commenced within 4 years after the cause of action 
 accrued. — All actions for debt on contract, in writing ; on all instruments under 
 seal ; and all accounts between merchants relative to merchandise. 
 
 Within 2 years. — All actions of trespass for injury to property; for taking 
 away goods and chattels ;. open accounts ; and accounts between retail merchants 
 and consumers. 
 
 Within 1 year. — All actions for assault and battery, slander, and libel. 
 
 Minors, married women, lunatics, and prisoners, have the same periods after 
 the removal of their disability. 
 
 An acknowledgment to take a claim out of the statute of limitation must be 
 in writing, and signed by the party to be charged. 
 
 INTEREST LAWS. 
 The rate of legal interest is 8 per cent. ; but parties may contract for a rate 
 not exceeding 12 per cent.; when a higher rate than the latter is received, no 
 interest can be recovered. 
 
 TERRITORY OF UTAH. 
 
 EXEMPTION LAWS.* 
 
 LIEN LAWS.* 
 COLLECTION LAWS. 
 Attachments may issue within the limits of the Territory, when any person 
 or persons shall file an affidavit in any of the courts of this Territory that a 
 party is about to leave the county or Territory, removing effects with the be- 
 lieved intent of defrauding his, her, or their creditors, and that such person or 
 persons ari indebted to him, her, or them, either by note or book account, and 
 are about to leave without paying the same, the court shall issue a writ of at- 
 tachment upon the goods, chattels, and effects of such person or persons, and 
 
, EXEMPTION, LIEN LAWS, ETC. — VERMONT. 367 
 
 Buch goods, chattels, and effects shall be held to pay the debt and costs, if, upon 
 a trial, judgment shall be rendered against the defendant. The writ of at- 
 tachment may be directed to any party owing the said defendant when there 
 IS not sufficient property found in defendant's possession to satisfy the debt and 
 costs ; and any such person, so notified or aetved with an attachment, shall be 
 held liable to the amount of his indebtedness. 
 
 LIMITATION LAWS.* 
 
 INTEREST LAWS. 
 The legal rate of interest in this Territory is seven per centum per annum ; 
 but parties may contract in writing for a higher rate than that, not exceeding 
 ten per cent, per annum. 
 
 STATE OF VERMONT. 
 
 EXEMPTION LAWS. 
 
 Personal Property. — Suitable apparel, bedding, tools, arms, and articles of 
 household furniture, as may be necessary for upholding life, 1 sewing machine 
 kept for use, 1 cow, the best swine, or the meat of 1 swine, 10 sheep, and 1 
 year's product of said sheep in wool, yarn, or cloth ; forage sufficient for keep- 
 ing not exceeding 10 sheep and 1 cow through 1 winter ; 10 cords of firewood, 
 20 bushels of potatoes, such military arms and accoutrements as the debtor is 
 required by law to furnish; all growing crops, 10 bushels of grain, 1 barrel of 
 flour ; 3 swarms of bees, and hives, together with their produce in honey ; 200 
 pounds of sugar ; and all lettered gravestones ; the Bible and other books used 
 in a family ; 1 pew or slip in a meeting-house or place of religious worship; live 
 poultry, not exceeding in amount or value the sram of $10 ; the professional 
 books of clergymen and attorneys at law, to the value of $200 ; and also 1 
 yoke of oxon or steers, as the debtor may select, with sufficient forage for the 
 keeping the same through the winter : Provided, however, this latter exemp- 
 tion, as to 1 yoke of oxen or steers, and the forage therefor, is not to extend to 
 any attachment issued on any contract made on or before the 21st day of No- 
 vember, 1859, or to any execution issued on a judgment founded on any such 
 contract. 
 
 Seal Estate. — The homestead of evejy housekeeper residing within the State, 
 consisting of a dwelling-house, out-buildings, and the lands appurtenant thereto, 
 occupied by the housekeeper as a homestead, and the yearly products thereof, 
 the whole not to exceed $500 in value, are exempt from attachment in all cases 
 where the cause of action occurred subsequent to the 1st day of December, 1850, 
 except when the cause of action occurred previous to, or at the time of the pur- 
 chase of the homestead, or the action to be brought to enforce the payment of 
 taxes legally assessed. 
 
 * Such laws, referring to ExemptioiiB, Liens, and Limitations of actions, as are now in force 
 in Utah Territory, are not yet supplied to the Government and other Law Libraries in the East, 
 and the distance is too great to be able to send for the information in time for this Edition of the 
 Manual. We have the same explanation to malse with respcet to the laws of New Mexico, and those 
 of any other State or Territory whtre the same do not herein appear. — [Ed. Manual.} 
 
368 APPENDIX. 
 
 Whenever the real estate of a housekeeper is levied upon, such portion as he 
 may occupy as a homestead, or may elect to regard as such, to the value of $500, 
 is set out to him by the appraisers on tho execution, upon their oaths, and tho 
 remainder only is set-off to the execution creditor. 
 
 If a housekeeper decease, leaving a widow, the homestead passes to his widow 
 and children, if any there be, in direct course of descent, not subject to the pay- 
 ment of the debts of the deceased, unless made specially . chargeable thereon, 
 and, if necessary, the Probate Court appoints a commission to set out to the 
 widow, or widow and children, the homestead, provided that such children 
 shall only have an interest in such homestead until they shall attain their ma- 
 jority. 
 
 The homestead cannot be sold or mortgaged by the owner, if a married man, 
 without the consent and signature of his wife, excepting at the time of tho pur- 
 chase of tho homestead, when, to secure the payment of the purchase-money, 
 tho husband may execute a mortgage without tho consent of the wife. Tlio 
 time when the deed to the owner of a homestead is left in tho town clerk's 
 oiEce for record is deemed the lime of purchase. The cost and expense of 
 setting out a homestead, or its yearly products, as provided by law, are charged 
 in the officer's bill of fees upon the writ or execution. 
 
 LIEN LAWS. 
 
 Any person who shall perform any labor, or furnish any materials in this 
 State for or towards the building, repairing, fitting, or furnishing any ship, ves- 
 sel, or steamboat, shall have a lion on the same for his wages and materials so 
 furnished, until 8 months after suih vessel or steamboat shall bo completed, and 
 may secure the same by attachment on such ship, vessel, or steamboat, which 
 attachment shall have precedence of all other attachments and claims. 
 
 Before such lien shall attach or bo in force, such person shall have a just and 
 legal claim for his services performed, or materials furnished, as aforesaid, and 
 shall demand payment of the same of the owner, agent, contractor, or person in 
 whose care such ship, vessel, or steamboat may be ; and in case such person, hav- 
 ing a lien as aforesaid, shall demand more than is duo to him, such owner, 
 agent, contractor, or person in whose care such ship, vessel, or steamboat may 
 be, may tender or pay to such person the j ust and full amount due him for his 
 labor or materials furnished as aforesaid, and fully and absolutely discharge such 
 lien. 
 
 When any contract or agreement shall hereafter be made, whether in writing 
 or not, fsr erecting, repairing, or altering any house or other building in this 
 State, or for furnishing labor or materials for the purposes aforesaid, the person 
 proceeding in pursuance of such contract or agreement 'shall have alien to se- 
 cure the payment of the same upon such house or building, and the lot of land 
 on which the same stands ; and the lien hereby created shall continue in force 
 for the space of 3 months from the time when payment shall become duo 
 for the work, labor, or materials furnished as aforesaid: Provided, however, 
 That no lien shall attach thereto until tho person claiming the lien shall have 
 filed and caused to be recorded, in the town clerk's office of the town where 
 such house or other building is situated, a written memorandum, by him signed, 
 asserting such claim, which shall be sufficient to charge such real estate with 
 Buoh lien agreeably to the provisions of this chapter. 
 
EXEMPTION, LIEN LAWS, ETC. — VERMONT. 369 
 
 Within 3 months after payment shall become due to him under such con- 
 tract, such person may commence his action for the same, and cause said house 
 or other building to he attached thereon in due course of law ; and if he shall 
 obtain judgment in the suit so instituted, the record of such judgment shall 
 embrace a brief statement of the contract upon whiph the same was founded ; 
 and the plaintiff may, within 5 months after the date of such judgment, 
 cause a certified copy of the record of such judgment to be recorded in the town 
 clerk's office of the town where such house or other building is situated ; and 
 such house or other building shall be thereupon holden for the amount due 
 upon such judgment, together with the costs of the copy of the record of the 
 judgment and recording, in the same manner as if it had been mortgaged for 
 the payment of the same, from the time the copy of the contract and declara- 
 tion were lodged in the town clerk's office as herein provided ; and the plaintifi 
 shall have the same remedy to obtain possession, and to foreclose the defend- 
 ant's equity of redemption, and perfect his own title, as in case of a mortgage. 
 
 Machinery attached to or used in any shop, mill, printing-office, or factory, 
 may be hereafter mortgaged by deed, executed, acknowledged, and recorded ic 
 the same manner as deeds of real estate ; and when so executed, acknowledged, 
 and recorded, shall have the same effect. 
 
 Mortgages of such machinery may be assigned, discharged, or foreclosed in 
 the same manner as is provided by law for the assignment, discharge, or fore- 
 closure of mortgages of real estate. 
 
 COLLECTION LAWS. 
 No resident citizen of any of the United States can be arrested for debt, un- 
 less it can be satisfactorily proved that he is about to abscond from the State 
 with money or other property secreted about his person or elsewhere, to the 
 amount of $20 or more, or sufficient to satisfy the claim for -which the writ 
 against him is issued. Writ of attachment may issue against his goods, chat- 
 tels, or estate, and if none can be found, then against his body.- [No female 
 can be arrested for debt in Vermont.] 
 
 LIMITATION LAWS. 
 
 Actions which must be commenced within 15 years after the cause of action 
 accrued. — All actions for the recovery of land. 
 
 Within 14 years. — All actions on promissory notes signed in the presence of 
 attesting witnesses. 
 
 Within 6 years. — All actions of debt on judgment, rendered in any court, not 
 being a court of record. All actions of debt on contract, or liaoility, not under 
 seal for arrearages of rent ; open account, trespass on lands, replevin, and all 
 other actions for taking, detaining, or injuring goods. 
 
 Within 4 years. — ^AU actions against Sheriffs for the negligence or misconduct 
 of their deputies. 
 
 Within 2 years. — All actions for slander and libel. 
 
 The provisions in relation to married women, insane and imprisoned persons, 
 are the same as in Maine. 
 
 The time during which a person, against whom a cause of action has accrued, 
 is absent from the State is not computed in the limitation. 
 
 Within 3 years. — All actions for assault and battery, and for false imprison- 
 ment. 
 
 24 
 
370 APi'BNDIX. 
 
 INTEREST LAWS. 
 The rate of legal iutersst is six per cent. ; and interest beyond that rate may 
 be recovered. 
 
 STATE OF VIRGINIA. 
 
 EXEMPTION LAWS. 
 Personal Property. — No growing crop of any kind shall be liable to distress 
 or levy, except Indian corn, which may be taken at any time after the 15th of 
 October in any year. If the debtor be a householder, the following articles are 
 exempt : 1 bed and bedding, 6 chairs, 1 table, and the necessary kitchen fur- 
 niture ; 1 loom and its appurtenances, 1 spinning-wheel, and 1 pair of cards ; 
 1 ax, 5 bbls. of corn ; 5 bushs. of wheat, or 1 bbl. of flour ; 200 lbs. of bacon 
 or pork, and forage or hay to the value of $5. 
 
 LIEN LAWS. 
 Any person furnishing labor or materials for the construction of a building 
 has a lien therefor, both on building and the land connected therewith. This 
 lien is lost at the expiration of 6 months, if the lien-holder fails to commence 
 an action for the amount of the claim previous to the end of such term. If the 
 necessary action be commenced, and the lien be established, the court is author- 
 ized to order a sale of the owner's interest in the house and land to satisfy the 
 claim of the contractor. 
 
 COLLECTION LAWS. 
 There is no imprisonment for debt in this State. When a suit is instituted 
 for debt or for damages on breach of contract, the complainant may obtain an 
 attachment against the estate of the defendant (whether resident or non-resident) 
 for the amount stated. 
 
 LIMITATION LAWS. 
 
 Actions which must he commenced within 20 years after the cause of action 
 accrued. — All actions founded on contracts in writing under seal. 
 
 Within 15 years. — All actions to recover land. 
 
 Within 10 years. — All actions on indemnifying bonds taken under any statute, 
 and on all bonds of executors, administrators, guardians, curators, committees, 
 Sheriffs, or other public officers. 
 
 Within 5 years. — All actions on awards or contracts in writing not under seal. 
 
 Within 2 years. — All actions founded on accounts between retailors and con- 
 sumers. 
 
 All personal actions not provided for in the foregoing sootions must be brought 
 to suit within 5 years. 
 
 A minor, married woman, or lunatic, may commence tho abovo actions 10 
 years after the rimoval of such disability. 
 
 Every action upon a judgment rendered in any other State or country ia 
 barred, if by the laws of such State or country it would there be barred. But 
 whether so barred or not, no action can be instituted on a judgment against a 
 
BXBJMPTION, LIEN LAWS, ETC. — WASHINGTON. 371 
 
 party who has been a resident in the State for 10 years, if such judgment was 
 rendered more than 10 years before the commencement of the action. 
 
 INTEREST LAWS. 
 The rate of legal interest is 6 per cent.; and double the amount of the prin- 
 cipal is forfeited when oaurious rates are taken. 
 
 WASHINGTON (Territory.) 
 
 EXEMPTION LAWS. 
 
 Personal Property. — ^AU private libraries; all articles of clothing of married 
 women and children under 21 years of age ; and, to each family, kitchen and 
 cupboard ware to the amount of $150 ; 1 bed for every 2 persona in the family ; 
 2 cows ; 2 horses or 2 yoke of oxen ; 1 wagon ; 2 hogs ; farming utensils actu- 
 ally used by the family ; produce raised upon the farm or garden sufficient for 
 6 months' consumption; and all tools of mechanics used to oarry on their 
 trade. But no article of property mentioned above shall be exempt from an 
 execution issued on a judgment recovered for its price, or upon a mortgage 
 thereon, or for any tax levied thereon. 
 
 Meal Estate. — The family homestead is exempt from execution, provided it 
 does not exceed $500. When a person shall die, leaving a widow and minor 
 child or children, the widow, child, or children shall, until letters have been 
 granted and the inventory returned, be entitled to remain in possession of the 
 homestead, and of all the wearing apparel of the family, and of all the house- 
 hold furniture of the deceased, and shall also be entitled to a reasonable pro- 
 vision for their support, to be allowed by the Probate Judge ; but no such allow- 
 ance shall be made after 1 year from the granting letters testamentary or of 
 administration. When property shall have been set apart for the use of the 
 family, in accordance with the foregoing provisions, if the deceased shall leave 
 a widow and no minor children, such property shall be the property of the 
 widow ; if he shall have left also a minor child or children, one-half to the 
 widow and the remainder to such child, or in equal shares to such children, if 
 there are more than 1 ; if there be no widow, then the whole shall belong to 
 the minor child or children. 
 
 All real and personal estate to which any married woman shall hereafter he- 
 come entitled in her own right, and all which may at the time of her mar- 
 riage belong to her, and all the issues, rents, and profits of such real estate, 
 shall not be liable to attachment for, or execution upon, any liability of a judg- 
 ment against the husband, so long as she or any minor heir of her body shall 
 be living : Provided, That her separate property shall not be exempt from 
 attachment or execution where the debts were owing by the wife previous to 
 marriage, or may have been contracted for her benefit. 
 
 LIEN LAWS. 
 All mechanics, and all persons performing labor or furnishing materials for 
 the construction or repair of any building, may have a lien, separately or 
 jointly, upon the building which they may have constructed or repaired, or 
 
372 APPENDIX, 
 
 upon any building, mill, or other manufactory for which they may have fur- 
 nished materials of any description, and on the interest of the owner in the 
 lot or land on which it stands, to the extent of the value of any labor done or 
 materials furnished, or for both, when the amount shall exceed $50. Such lien 
 shall be filed in the Eecorder's office of the county in which such building is 
 situated, at any time within 60 days after the completion of such building or 
 repairs ; and such lien may remain in force by filing a complaint in the District 
 Court of the county, at any time within 1 year from the completion of the 
 work, or furnishing materials ; or, if a credit be given, from the expiration of 
 the credit, 
 
 COLLECTION LAWS. 
 Attachments may issue against a debtor when he does not reside within the 
 limits of this Territory ; when he secretes himself to avoid process ; when he 
 has removed or is about to remove his property, or a material part thereof ; 
 when he is about to sell, convey, or otherwise dispose of his property, with 
 intent to hinder, defraud, or delay his creditors. No attachment for being a 
 non-resident or secretly leaving the Territory shall issue against any debtor 
 while his family remains settled within the county where he usually resided 
 prior to his absence, if ho shall not continue absent from the Territory more 
 than 1 year after he shall have absented himself, unless an attempt be made to 
 conceal his absence. The plaintiff, or some one in his behalf, shall, before a 
 writ issues, execute a bond, with sufficient surety, to be approved by the clerk 
 of the court, payable to the defendant, agreeing to pay all damages which may 
 be sustained by the defendant, if the proceedings of the plaintiff shall be wrong- 
 ful and oppressive, 
 
 LIMITATION LAWS, 
 
 Actions which m/wst he brought within 20 years. — ^All actions for the Tecoveiy 
 of real estate, or for the recovery of the possession thereof. 
 
 Within 6 years. — All actions upon a judgment or decree of any court of the 
 United States, or of any State or Territory within the United States ; all ac- 
 tions upon a contract in writing, or liability, express or implied, arising out of 
 a written agreement ; all actions for the rents and profits, or for the use and 
 occupation of real estate. 
 
 Within 3 years. — All actions for waste or trespass upon real property ; all 
 actions for taking, detaining, or injuring personal property, including actions 
 for the specific recovery thereof, or for any other injury to the person or righta 
 of another, not hereinafter enumerated ; actions upon all contracts, express or 
 implied, which are not in writing, and do not arise out of any written instru- 
 ment ; all actions for relief upon the ground of fraud, the cause of action in 
 such case not to be deemed to have accrued -until the discovery by the ag- 
 grieved party of the facts constituting the fraud ; all actions against a Sheriff, 
 Coroner, or Constable, for non-payment of money collected upon an execution ; 
 all actions for seductions and breach of marriage contract. 
 
 Within 1 year. — All actions for libel, slander, assault, assault and battery, 
 and false imprisonment ; all actions upon a statute for a forfeiture or penalty 
 to the Territory ; all actions for relief not hereinafter provided for shall be 
 commenced within 2 years after the cause of action shall have accrued. In 
 
LIEN LAWS, ETC. — WEST VIRGINIA. 373 
 
 all actions brought to recover a balance due upon a mutual, open, and current 
 account, the cause of action shall be deemed to have accrued from the time of 
 the last item proved in the account on either side. 
 
 INTEREST LAWS. 
 The rate of legal interest is 10 per cent. ; but parties to a contract may agree 
 in writing for an increased rate. 
 
 STATE OF WEST VIRGINIA. 
 
 EXEMPTION LAWS. 
 
 Abstract of an Act of the Legislature of West Virginia, to exempt a certain 
 amount of property from execution or other process, passed March 1, 1864. 
 
 Personal Property. — Any husband or parent may set apart personal estate 
 not exceeding $200 in value, after death of husband or parent, widow, or minor 
 children ; or such of them as may be, may select personal estate not exceeding 
 $200 in value, which shall be exempt. 
 
 Seal Estate. — A husband or parent may hold real estate not exceeding $500 
 in value, the same to be exempt from execution or other process, for any debt 
 contracted, or liability incurred after the 1st of June, 1864; but such real estate 
 must have been previously set aside in the conveyance by which the title thereof 
 is acquired, as being intended as a homestead. 
 
 LIEN LAWS, 
 
 Collated from an Act of the Legislature of the State of West Virginia, entitled 
 "An Act Securing Liens to Mechanics, Laborers, and Others,' passed Feb- 
 ruary 15, 1&66. 
 
 Every mechanic, builder, laborer, or other person, who shall perform any 
 work upon, or furnish any material whatever for any structure, or work of in- 
 ternal improvement, or vessel, shall have for the same, to secure payment 
 therefor, a lien upon such structure, or improvement, and the land upon which 
 the same is erected. 
 
 Any person having a lien by virtue of the aforesaid act may file a bill in 
 chancery to enforce the same. 
 
 In case of death of any of the parties, whether before or after suit, the 
 personal representative of such descendant shall be made plaintiff or defendant, 
 as the case may require. 
 
 The lien shall not exceed the original contract, and any person who shall 
 accept of collateral security for payment of money for any structure, shall not 
 be entitled to a lien under said act ; but the taking of the note or bill of ex- 
 change of the party liable shall not be considered as security. ' 
 
 COLLECTION LAWS. 
 
 Any person may sue for any debt, and maintain any action at law or in 
 
 equity, and proceed to judgment therein; and any judgment, execution, order, 
 
 or decree, now issued or rendered, or that may hereafter be rendered, shall, in 
 
 addition to the provisions of chapters 186 and 188 of Virginia Code of 1860, 
 
374 APPENDIX. 
 
 constitute a lien on all the estate, both real and personal, of the judgment 
 debtor, from and after the docketing of any such judgment as is provided for in 
 the 3d and 4th sections of chapter 186 of the Code of 1860. This provision in- 
 cludes all judgments, whether they be rendered by Justices of the Peace or 
 courts of the State. 
 
 LIMITATION LAWS. 
 
 The same laws prevail as are observed in the State of Virginia, as to limita- 
 tion of actions and legal rate of interest. 
 
 STATE OF WISCONSIN. 
 
 EXEMPTION LAWS. 
 
 Personal Property. — The family Bible, family pictures, school-books, or library ; 
 a seat or pew in any house of puhlio worship ; and the family place of sepulture; 
 all wearing apparel of the debtor and his family ; all bedsteads, beds, and bed- 
 ding used by the family ; all cooking utensils, and other household furniture, to 
 the value of $200 ; 2 cows ; 10 swine ; 1 yoke of oxen and a horse, or, in lieu 
 of them, a span of horses ; 10 sheep, and the wool therefrom, either as raw 
 material or manufactured into yarn or cloth ; necessary food for the support of 
 the stock mentioned for 1 year, whether provided or growing, as the debtor 
 may choose ; 1 wagon, cart, or dray ; 1 sleigh, 1 plough, 1 drag, and other 
 farming utensils, including tackle for teams to the value of $50 ; provisions 
 and fuel necessary for 1 year's consumption ; the tools and implements, or stock 
 in trade, of any mechanic, miner, and other person, used and kept for the pur- 
 pose of carrying on his trade or business, to the value of 5200; the library and 
 implements of any professional man, to the value of $200 ; all of which articles 
 are to be chosen by the debtor or his representative. Money arising from in- 
 surance on property exempt, which has been destroyed by fire, cannot be seized 
 on execution. 
 
 Beal Estate. — A homestead, consisting of not over 40 acres of land, used for 
 agricultural purposes, with a dwelling-house thereon, and its appurtenances, to 
 be selected by the owner, and not included in any town-plot, city, or village ; 
 or instead, land not exceeding J of an acre, within a town-plot, city, or village, 
 with a dwelling-house thereon, and its appurtenances, owned and occupied by 
 any resident of the State, is not subject to forced sale. This exemption does not 
 affect any mechanic's or laborer's lien, or extend to any lawfully obtained 
 mortgage. But such mortgage or other alienation of such property by the 
 owner thereof, if a married man, is not valid without the signature of his wife 
 to the same. 
 
 When the owner of a homestead dies, leaving infant children, the homestead 
 is exempt from the payment of his debts ; and no administrator or executor 
 has a right to the pftiisession of an estate so exempt, or to the rents and profits 
 of the same. 
 
 LIEN LAWS. 
 
 Any person laboring on, or furnishing materials for constructing, repairing, 
 or altering any building, or upon all machinery put up or repaired, shall have 
 a lien upon the same, and also upon the land attached thereto, for the term of 
 
. EXEMPTION, LIEN LAWS, ETC. — WISCONSIN. 375 
 
 12 months, provided such land shall not exceed 40 acres, or If within the limits 
 of any city, town, or village-plot, 1 acre; and such lien shall have precedence 
 of all other liens subsequent to the construction, alteration, or repairing of such 
 building. Sub-contractors are required to notify the owner within 30 days after 
 performing such labor or furnishing such materials to said owner, or their lien 
 upon the same will be lost. 
 
 Any person or persons who shall furnish, at the request of the owner thereof, 
 materials, or do any work, in filling up any water-lot, or in erecting or con- 
 structing any wharf or other permanent fixture thereon, or in dredging out the 
 channel in front of such lots, under contract with the owner thereof, shall be 
 entitled to enforce a lien therefor. 
 
 Any mechanic or artisan who shall make, alter, or repair any article of per- 
 sonal property at the request of the owner, shall have a lien thereon for his just 
 and reasonable charges for his work done and materials furnished ; and he may 
 retain the same in his possession until such charges shall be paid ; and if not 
 paid at the end of 6 months after the work is done, he may proceed to sell the 
 property at public auction, by giving 3 weeks' public notice of such sale in some 
 newspaper published in the county in which the work may be done ; and the 
 proceeds of said sale shall be applied first to the discharge of such lien and the 
 expenses of selling such property, and the remainder, if any, shall be paid over 
 to the owner thereof. 
 
 COLLECTION LAWS. 
 Imprisonment for debt does not exist. Attachment may issue when the 
 amount claimed exceeds $100 over and above all effects, upon an affidavit by 
 plaintiff to the effect that defendant is indebted to him in the sum claimed, and 
 that said sum is due on contract, express or implied, or upon judgment or decree ; 
 that plaintiff knows or believes that defendant has absconded or is about to 
 abscond from the State, or that he has concealed himself to delay and injure his 
 creditors ; or that he has assigned, concealed, or otherwise disposed of his 
 property, for the purpose of defrauding his creditors ; or that he has removed or 
 is about to remove property from the State with the like intent ; or that he 
 fraudulently contracted the debt ; or that he has fraudulently conveyed or dis- 
 posed of his property, or a part of it, or is about to do so, with intent to defraud 
 his creditors ; or that he is a non-resident of the State, or is a foreign corpora- 
 tion. Attachments may issue in these cases when the amount claimed by plain- 
 tiff in the affidavit exceeds $5 over and above offsets, and the defendant resides 
 in another county, and over 100 miles from the office of the Justice. 
 
 LIMITATION LAWS. 
 
 Actions which must be commenced within 20 years after the cause of action 
 accrued. — All actions for the recovery of real-estate; all actions founded on 
 judgments or decrees of courts of record, either in or out of the State. 
 
 Within 6 years. — All actions of debt founded on judgments or decrees of 
 courts which are not courts of record ; for arrears of rent ; on contracts for 
 money, express or implied ; for waste ; trespass on land ; and for replevin, and 
 all other actions for taking, detaining, or injuring goods. 
 
 Within 2 years. — All actions for assault, battery, malicious prosecution, false 
 imprisonment, slander, and libel. 
 
376 APPENDIX. 
 
 In all cases of open account, cause of action accrues at the time of proof of 
 the last item. 
 
 ■ Minors, married women, lunatics, and prisoners, have the same periods, 
 respectively, after the removal of their disability. 
 
 INTEREST LAWS. 
 The rate of legal interest is 7 per cent. Contracting parties may agree upon 
 an increase not to exceed 12 per cent. If a greater rate be taken the person 
 paying the same is entitled to recover three times the amount paid, if action be 
 commenced within 1 year from the date of such payment. 
 
COMPENDIUM 
 
 UNITED STATES BANKRUPT ACT OF APRIL 4, 
 A. D. 1800, 
 
 And of the Year of Our Independenee the 24:th. 
 
 Section 1. From and after 1st day of June, 1800, any merchant or other 
 person residing in the United States, actually using the trade of merchandise by 
 buying and selling, in gross or retail, or a banker, broker, factor, underwriter, or 
 marine insurer, who shall, with intent to defraud his or her creditors, leave the 
 State wherein he resides, or remain absent therefrom, or keep concealed, or 
 keep house, so that he cannot be served with process ; or willingly or fraudu- 
 lently procure himself to be arrested, or his lands or other property to be at- 
 tached, sequestered, or taken in execution ; or shall secretly convey away or 
 conceal his property to prevent levy thereon ; or make or procure to be made 
 any fraudulent conveyance of property ; or make or admit of any fraudulent 
 security or evidence of debt ; or, being arrested for debt or having furnished. 
 
 Sec. 2. Proceedings to Obtain a Commission of Bankruptcy. — Judge of Dis- 
 trict Court United States for district where debtor resided at time of committing 
 act of bankruptcy, on petition in writing against persons being bankrupt, to 
 him to be exhibited by any one creditor, or by a greater number, being part- 
 ners, whose single debt amounts to one thousand dollars, or by two creditors 
 whose debts amount to one thousand five hundred dollars, shall have power, 
 by commission under hand and seal, to appoint such good and substantial citi- 
 zens of United States, and resident in such district, as such Judge shall deem 
 proper, not exceeding three, to be Commissioners of Bankruptcy, or, in case of 
 vacancy or refusal to act, to appoint others, from time to time, as occasion may 
 require. 
 
 Petitioning creditors to give bond to prove debt and bankruptcy of the 
 party, and to proceed on the commission : Provided, always, Before any com- 
 mission shall issue, the creditor petitioning shall make oath of truth of debts, 
 and give bond, to be taken by Judge in name and for benefit of party charged 
 as bankrupt, and in such penalty and with such surety as he shall require to 
 be conditioned for proving of debts, as well before Commissioners as upon 
 trial at law, in case the due issuing forth of commission in manner herein pre- 
 scribed, if such debt shall not be really due, or alter such commission is taken 
 out it cannot be proved that the party was bankrupt, then Judge, upon pe- 
 tition of party aggrieved, in case there be occasion, deliver such bond to said 
 party, who may sue thereon and recover such damages, under penalty of, same 
 
 377 
 
378 APPENDIX. 
 
 as, upon trial at law, he shall make appear he has sustained by reason of any 
 breach of condition thereof. 
 
 Seo. 3. Before the Commissioners shall be capable of acting, shall respectfully 
 take and subscribe following oath, administered by the Judge issuing commis- 
 sion, or by any Judge of Superior Court of United States, or any Judge, Justice, 
 or Chancellor of any State court, and filed in office of clerk of District Court: 
 I, A. B., do swear, or affirm, that I will, faithfully and honestly, according to 
 best of my skill and knowledge, execute the several processes and trusts reposed 
 
 in me as a Commissioner of Bankruptcy against , and that without favor 
 
 affection, prejudice, or malice; and the Commissioner shall then proceed, upon 
 due examination and sufficient cause, to declare him Bankrupt. 
 
 Before such examination be had, reasonable notice in writing shall be deliv- 
 ered to person charged as bankrupt; or if he be not found at his usual place 
 of abode, to some of the family above the age of twelve years ; if no such per- 
 son appear, it shall be fixed at front or other public door of house in which 
 debtor usually resides. Commission to be superseded if not acted upon within 
 thirty days, on application of party charged. 
 
 Seo. 4. Commissioners shall have power forthwith, after they have declared 
 such person bankrupt, to cause to be apprehended, by warrant under their 
 hands and seals, the body of such bankrupt wheresoever to be found within the 
 United States : Provided, They shall think there is reason to apprehend that 
 said Bankrupt intends to abscond or conceal himself; and in case it be necessary, 
 in order to take body of said Bankrupt, they shall have power to cause doors 
 of dwelling-house to be broken, in which he or she shall be found. 
 
 Seo. 5. They shall take into their possession the bankrupt's property, papers, 
 and books. It shall also be duty of Commissioners so appointed, forthwith to 
 take into their possession all estate, real and personal, of every nature and de- 
 scription, and cause the same to be inventoried and appraised to the best value, 
 necessary bed and wearing apparel excepted. 
 
 Sec. 6. Commissioners shall, forthwith, after they have declared such person 
 a bankrupt, cause due notice to be given, and in such notice shall appoint some 
 convenient time and place for creditors to meet, to choose assignee or assignees 
 of estate and effects. 
 
 That in such choice no vote shall be given before or in behalf of any creditor 
 whose debt shall not amount to $200. 
 
 Sec. 7. The Commissioners, as often as they shall see cause for the better pre- 
 serving and securing bankrupt's estate, forthwith to appoint one or more as- 
 signees of estate and effects aforesaid. 
 
 Sec. 8. Such creditors of bankrupt as are authorized to vote in choice of 
 assignees, may remove all or any of the assignees chosen, and may choose one 
 or more in his or their place, and such assignee so removed shall deliver up all 
 the estate of bankrupt. 
 
 Seo. 9. Whenever new assignee is chosen, no suit at law or in equity shall be 
 thereby abated ; but it shall be lawful to allow name of such new assignee to be 
 substituted in place of name of former assignee ; and thereupon the suit shall be 
 prosecuted in the name or names of new assignee, in the same manner as if they 
 bad originally commenced suit in their own names. 
 
 Seo. 10. Assignment or assignments of Commissioners of bankrupt's estate 
 shall be good at law or in equity against bankrupt and all persons claiming 
 
BANKEUPT LAW OF 1800. 379 
 
 under him, by any act done at the time, or after he shall have committed the 
 act of bankruptcy upon which commissioa issued : Provided, in the case of a 
 bona fide purchase made before issuing of commission from or under such bank- 
 rupt for valuable consideration, by any person having no knowledge or notice 
 of any act of Bankruptcy committed, such purchase shall not be invalidated or 
 impeached. 
 
 Sec. 11. Said Commissioners shall have power by deed, under their hands 
 and seals, to assign and convey to assignee, to be appointed or chosen as afore- 
 said, any lauds, tenementB, hereditaments, which such bankrupt shall be seized 
 of, or entitled to fee tail at law or in equity, in possession, remainder, or rever- 
 sion, for the benefit of creditors. All such deeds being duly executed and recorded 
 according to laws of the State in which such lands, tenements, or hereditaments 
 may be situate, shall be good and effectual against all persons whom said Bank- 
 rupt might 01 could bar of any estate, &c. 
 
 Sec. 12. If any bankrupt shall have conveyed or assured any property unto 
 any person, upon condition of redemption by payment of money or otherwise, 
 the Commissioners may make tender of money or other performances, accord- 
 ing to the nature of such condition. 
 
 Sec. 13. Commissioners shall have power to assign, for use aforesaid, all debts 
 due to such Bankrupt, or to any other person for his use or benefit, which 
 assignment shall vest the property and right thereof in the assignee of such 
 bankrupt, as fully as if bond, judgment, contract, or claim had originally be- 
 longed or been made to said assignee ; except where a debtor shall have bSna 
 fide paid debt to bankrupt without notice of his bankruptcy. 
 
 Sec. 14. If complaint be made, or information given to Commissioners, that 
 any property or debts of bankrupt are in possession of any other person, or that 
 any person is indebted to or for use of bankrupt, then Commissioners to have 
 power to summons such persons before them or the Judge of the District Court 
 where such person resides, by such process or other measures as they may 
 think convenient ; and on their appearance, may examine them, touching their 
 knowledge of property or debts of bankrupt ; and when they are contuma- 
 cious on such examination, they may be imprisoned, and detained till they sub- 
 mit to examination, and they to forfeit double the value of all property or debts 
 by them concealed. 
 
 Sec. 15. If any of said persons shall, after legal summons to appear before 
 Commissioners or Judge to be examined, refuse to attend, or not attend, it 
 shall be lawful for said Commissioners or Judge to direct their warrants for 
 such person or persons, and on their refusal to come, they are to be imprisoned 
 until they consent to be examined. Such witnesses as shall be sent for shall 
 be allowed such compensation as Commissioners or Judge shall think fit, to be 
 rateably borne by the creditors. Perjury to be punishable by fine not to exceed 
 $4,000, and imprisoned not exceeding 2 years, and to be rendered incapable of 
 being thereafter witness in any court of record. 
 
 Sec. 16. Any person who shall fraudulently or eoUusively claim any debts, 
 or claim or detain any real or personal estate of bankrupt, such person shall 
 forfeit double the value thereof, to and for use of creditors. 
 Sec. 17. Commissioners may assign property fraudulently conveyed away. 
 Sec. 18, If any person who shall become bankrupt within the intent and mean- 
 ing of this Act, and against whom a Commission of Bankruptcy shall be duly 
 
380 APPENDIX. 
 
 issued, upon which commission such person shall be declared bankrupt, shall 
 not, within 42 days after notice thereof in writing, to be left at the place 
 of abode in case such persona be in prison, and notice given in some gazette that 
 such commission has been issued, surrender himself and sign and subscribe such 
 surrender, and submit to be examined, and fully to account for the disposal of 
 property he has or is interested in in any way, or may have or derive benefit 
 from, except such part thereof as shall have been really and hoTia fide disposed 
 of in a proper manner, and shall, upon such examination, execute such deeds, 
 &c. , for the conveyance and delivery of all his property, as the Commissioners 
 shall direct, in trust for the payment of his debts, except his necessary wearing 
 apparel and that of his wife and children, necessary beds and bedding ; then 
 he, upon willful default or omission in any of the matters or things aforesaid, 
 shall be adjudged a fraudulent bankrupt, and suffer imprisonment for not less 
 than 12 months or more than 10 years, and be deprived of benefits of the act. 
 Provided, That if the bankrupt be in prison or custody at time of commission, 
 and is willing to surrender and to be examined under the Act, and can be 
 brought against the Commissioners for that purpose, the expense shall be paid 
 from the bankrupt's effects ; and in case he cannot be brought before the Com- 
 missioners, then said some one of the Commissioners shall attend the said bank- 
 rupt in prison or custody, and examine him as in other cases ; and one of the 
 assignees, or some one appointed by them, shall attend such bankrupt in prison 
 or custody, and produce his books and papers, in order to enable him to prepare 
 his proof, a copy whereof the assignees shall apply for and obtain from said 
 bankrupt within a reasonable time after the same has been required. 
 
 Sec. 19. The Commissioners shall appoint within the said 42 days three sev- 
 eral meetings for the purposes mentioned in section 18, the third meeting to be 
 the last of the 42 days, provided the District Judge of the District within which 
 Commission issues shall have power to enlarge limited time aforesaid as he 
 shall see fit, but not over 50 days. 
 
 Sbo. 20. The Commissioners or officers appointed by them to secure bank- 
 rupt's property may forcibly enter any place where the same may be. 
 
 Sec 21. If bankrupt refuses to answer satisfactorily, or to subscribe to his 
 examination, he may be imprisoned until he shall submit to the same ; if con- 
 victed of perjury in statements he shall suffer imprisonment not less than 2 nor 
 more than 10 years. 
 
 Sec. 22. Every bankrupt, after surrender, may at all reasonable times have 
 access to his books and writings, to inspect and abstract from the same, within 
 presence of the Commissioners, and the bankrupt be free from arrest for the 
 said 42 days, or for a longer period, as shall be allowed for the finishing his ex- 
 amination. If arrested for debt or execution, on producing summons or notice 
 of Commissioners, and giving officer a copy thereof, he shall be discharged. If 
 the officer after this detain such bankrupt he shall forfeit $10 per diem for every 
 day of such detention. 
 
 Seo. 23. Any person knowingly concealing a bankrupt, so that he shall fail 
 to appear when summoned, shall suffer imprisonment not exceeding 12 months, 
 or pay fine not exceeding $1,000. 
 
 Sec. 24. The Commissioners shall have power to examine, on oath, the wife 
 of any person lawfully declared bankrupt. If she refuses to obey summons, or 
 
BANKTUPT LAW OF 1800. 381 
 
 to be examined, or to subscribe to the same, she is punishable, as by this Act is 
 provided against any other person in like oases. 
 
 Sec. 25. When any person is committed for any reason the warrant of com- 
 mitment must specify the cause of commitment. 
 
 Sec. 26. After bankrupt has had his final examination, any person other than 
 the bankrupt shall be entitled to 5 per cent, upon all property of the bank- 
 rupt's estate, unknown to the Commissioners, which they may discover, the 
 game to be paid out of the effects discovered. Any trustee having notice of the 
 bankruptcy, who shall conceal any of bankrupt's property, for 10 days after 
 his final examination, shall forfeit double the value of the property concealed. 
 
 Sec. 27. If any person become bankrupt, and at such time, by consent of the 
 owner, has in his possession and disposition any goods whereof he shall be 
 reputed owner, and take upon himself the sale, alteration, or disposition 
 thereof, as owner, the Commissioners shall have power to assign the same for 
 the benefit of the creditors as any -other part of the estate of the bankrupt. 
 
 Sec. 2S. If bankrupt, after issuing of commission of bankruptcy, shall pay 
 the person suing out the same, or give such person goods or securities for his 
 debt, whereby such person shall privately have a greater proportion of his debt 
 than the other creditors, such preference shall be a new act of bankruptcy, and, 
 on proof thereof, such commission shall be superseded, and another commission 
 may issue. The person so taking unlawful satisfaction shall forfeit the whole 
 amount received or secured to the assignees, to be divided among the other 
 creditors. 
 
 Sec. 29. Every assignee shall, after 4 months, and within 12 months after 
 commission has issued, give at least 30 days' notice of time and place of Com- 
 missioners' meeting to make dividend of bankrupt's estate, at which creditors 
 not before proving may prove their debts. Upon such meeting, the assignee 
 shall render just and fair account of all his doings, under oath, if so required. 
 In such accounts, he shall be allowed to retain all sums paid in issuing com- 
 mission, and all other just allowances made as assignee, etc. And the Com- 
 missioners shall order, in writing, a distribution of the bankrupt's estate among 
 the various creditors who have proven their debts ; and shall file the order, and 
 deliver duplicates thereof to the assignee, [or, assignees.] The order to contain 
 time and place of making same, sum of all debts proved against bankrupt's 
 estate, and sum of all moneys remaining in hands of the assignee to be di- 
 vided, and what the dividend. And the assignee, in pursuance of such order, 
 shall proceed to distribute such dividend, etc. 
 
 Sec. 30. Within 18 months a second dividend shall be declared, in case the 
 whole property of bankrupt was not divided at first meeting, of which due no- 
 tice shall be given, and similar proceedings'had as at first meeting. 
 
 Sec. 31. In the distribution, creditors shall be paid pro rata their several 
 claims proven, without regard to creditors' security. 
 
 Sec. 32. The assignees shall at all reasonable times keep their books of ac- 
 count open to the creditors' inspection. 
 
 Sec. 33. Bankrupt, not being in prison or custody, is bound to attend the 
 assignee when reasonably required by the same, and be allowed $3 per diem 
 for such attendance. 
 
 Sec. 34. That any person becoming bankrupt who shall, within the time 
 limited by this act, surrender himself to the Commissioners and conform strictly 
 
382 APPENDIX. 
 
 to this act, shall be allowed 5 per cent, on the net proceeds of all the estate 
 recovered, which shall be paid to him by the assignee, in case the net proceeds 
 of the same, after such allowance is made, shall be sufficient to pay the creditors 
 of said bankrupt, who shall have proved their debts under the commission, 
 60 per cent, on said debts respectively, and so as the said 5 per cent, shall not 
 exceed $500 ; and in case the net produce of said estate shall, in excess of 
 allowance hereafter mentioned, be sufficient to pay said creditors 75 per cent, 
 on the amount of their respective debts, that then bankrupt shall be allowed 10 
 per cent, on the amount of such net produce, to be paid as aforesaid, so as snch 
 10 per cent, shall not in the whole exceed $800 ; and every such bankrupt shall, 
 be discharged from all debts owing by him at time he became bankrupt, which 
 might have been proved. In case such bankrupt shall afterwards be arrested, 
 prosecuted, or impleaded, on account of any of said debts, he may appear with- 
 out bail and plead general issue, and give this act a special matter in evidence, 
 and his discharge shall be prima facie evidence of his being a bankrupt within 
 the purview of this act, and verdict shall therefore be given to defendant unless 
 plaintiff can sustain allegations of fraud or conoeallnent. Discharge of bank- 
 rupt shall not release any partner. 
 
 Sec. 35. If bankrupt's estate does not pay his debts, he shall be allowed a 
 sum, in option of Commissioners, not to exceed $300 nor exceeding 3 per centum 
 on his said estate. 
 
 Sec. 36. Before discharge can be granted under this act. Commissioners shall 
 certify to Judge of District Court that bankrupt and they and all concerned 
 have conformed to all the requisitions of the act. Any of creditors may be 
 heard against certificate of discharge. 
 
 Sic. 37. If any creditor or pretended creditor shall exhibit to Commissioners 
 any fraudulent debt or demand, and bankrupt shall refuse to make discovery 
 thereof, a.nd suffer imposition upon his creditors, he shall lose all benefits nnder 
 the act ; and the same if he lose at one time any amount not less than $50 or in 
 the whole, $300, after passing of the act and within twelve months before he 
 became a bankrupt, by gaming or wagering. 
 
 Sec. 38. Bankrupt may be discharged on habeas corpus if arrested upon debts 
 owing before bankruptcy. 
 
 Sec. 39. Persons whose debts are due on a future day may prove the same, 
 and becoming petitioning creditors. Obligees of following and respondentia 
 bonds, and the assured in a policy of insurance, may claim under the com- 
 mission. 
 
 Sec. 40. In case any person committed by Commissioner's warrant shall 
 obtain habeas corpus, in order to be discharged, and there shall be any insuf- 
 ficiency in the form of warrant, the District Judge before whom party is brought 
 by habeas corpus, to commit such person to the same prison, there to remain 
 until he shall conform, as aforesaid, unless it shall appear that he answered all 
 questions put to him by the Commissioners. In case such person was com- 
 mitted for not signing his examination, (unless it shall appear that he had good 
 reason for not signing the same, or the Commissioners had exceeded their 
 authority in making such commitment,) and in case the jailor, to whom such 
 person shall be committed, shall wilfully, or negligently allow his escape, snch 
 jailor shall be fined a sum not exceeding $3,000, for the use of creditors. 
 
 Sec. 41. The prisoner may be produced by jailor on demand of any creditor 
 
BANKRUPT ACT OP 1800. 383 
 
 \T ho has proved his debt. If jailor refuse, he is to be liable as for wilful 
 escape. 
 
 Seo. 42. Offsets and mutual debts to be allowed. 
 
 Sec. 43. Assignees, with the consent of the Commissioners and major part of 
 creditors in value, who have proved their debts, may agree to arbitration and 
 compromise. 
 
 Seo. 44. The bankrupt's estate may be disposed of at public auction without 
 paying duty. 
 
 Sec. 45. If bankrupt die pending the proceedings, the Commissioners shall 
 nevertheless proceed to execute the commission as fully as if he were living. 
 
 Sec. 46. Commissioners may demand security for the expenses of the com- 
 mission. 
 
 Sec. 47. District Judges to fix compensation of Commissioners. 
 
 Sec. 48. All penalties given by this Act for the benefit of creditors shall be 
 recovered by action of debt, etc. 
 
 Sec. 49. In action brought against any Commissioner or other authorized 
 person under this Act for anything done by force of the same, defendant may 
 plead general issue, and give Act in evidence. 
 
 Sec. 50. All property coming to bankrupt before he obtains certificate of dis- 
 charge is to be vested in the Commissioners. 
 
 Sec. 51. All proceedings of the Commissioners are to be filed in the office of 
 the clerk of the District, &c. 
 
 Sec. 52. It shall be lawful for creditors to attend and take part in any exam- 
 ination of bankrupt, and either party may apply for a jury to try questions in 
 dispute. 
 
 Sec. 53. The Commissioners may, during pendency of proceedings, grant bank- 
 rupt such allowance out of his estate as may be sufficient for necessary support 
 of his family . 
 
 Seo. 54. A major part in value of the creditors of bankrupt may direct where 
 moneys of the estate shall be deposited. 
 
 Sec. 55. In all matters, action of a majority of the Commissioners shall be 
 valid. 
 
 Sec. 56. In all cases of prosecution of debtor of bankrupt to obtain debt, &c., 
 the commission, or a certified copy thereof, and the assignment of the Commis- 
 sioners of the bankrupt's estate shall be conclusive evidence of the issuing of 
 the commission, &c. 
 
 Sec. 57. No person can be a second time discharged unless his estate shall 
 pay 75 per centum of his debts. 
 
 Sec. 58. Claims of creditors may be tried by a jury upon his declaration of 
 his unwillingness to submit same to the judgment of the Commissioners. 
 
 Sec. 59. The lands and effects of a bankrupt may be sold on credit, on such 
 security as major part in value of creditors may direct, provided the granting of 
 bankrupt's certificate is not retarded thereby. 
 
 Sec. 60. The creditors of a bankrupt may relieve him from prison, and they 
 may issue a new execution if he does not obtain a discharge. 
 
 Sec. 61. This act shall not repeal or annul the laws of any State which may 
 be hereafter enacted, or are now in force, for relief of insolvents, except so far as 
 the same may respect persons who are clearly within the purview of this act. 
 
384 
 
 APPENDIX. 
 
 and whose debts shall amount in cases specified in 2d section hereof to the sums 
 therein mentioned, &c. 
 
 Seo. 62. Nothing in this law shall in any manner affect the right of prefer- 
 ence to prior satisfaction of debts due to the United States as secured or pro- 
 vided by any law heretofore passed, nor shall be construed to lessen or impair 
 any right to or security for moneys due to the United States or to any of the 
 States. 
 
 Seo. 63. That nothing in this act shall invalidate or impair any lien existing 
 at date of this act on lands or chattels of any person who may become a bank- 
 rupt. 
 
 Sec. 64. This act shall continue in force for five years, and thence to the end of 
 the session of Congress thereafter, and no longer : Provided, That the expira- 
 tion of this act shall not prevent the complete execution of any commission 
 which may have been previously thereto issued. 
 
 Theodoee Sedgwick, 
 Speaker House of Sepreseniatives. 
 Thomas Jefeeksos, 
 Vice President U. S., President of the Senate. 
 Approved, April 4, 1800. 
 John Adams, 
 
 President of the United States. , 
 
COMPENDIUM 
 
 OP THE 
 
 UNITED STATES BANKRUPT ACT, 
 
 [August 19, A. D. 1841,] 
 
 AND OF THE YEAR OF OUR INDEPENDENCE THE SIXTY-FIFTH. 
 
 Sec. 1. All persons residing in any State, District, or Territory may be bank- 
 rupts on theit own petition, whose debts have not been created in consequence 
 of defalcation as public officer ; or as executor, administrator, guardian, or 
 trustee, or while acting in any other fiduciary capacity. 
 
 Persons being merchants, or using the trade of merchandise, retailers of mer- 
 chandise, bankers, factors, brokers, underwriters, or marine insurers, owing 
 debts amounting to $2,000, may upon petition of one or more creditors, to 
 whom they owe debts amounting to |500, be declared bankrupts. 
 
 Departing from the State, District, or Territory, of which the bankrupt is an 
 inhabitant, with intent to defraud his creditors ; concealing himself to avoid 
 being arrested; willingly or fraudulently procuring himself to be arrested, 
 or his goods and chattels, lands, or tenements, attached, distrained, sequestered, 
 or taken in execution ; removing his goods, chattels, and effects, or concealing 
 them to prevent their being levied upon, or taken in execution, or by other 
 process ; or making any fraudulent conveyance, &c., of real or personal estate. 
 
 Person declared bankrupt, at instance of creditor, may elect to try by jury 
 validity of decree. 
 
 Bankrupt residing distance from court, judge may order trial by jury to be 
 in county of bankrupt's residence. 
 
 All decrees of bankruptcy passed by court, and not re-examined, to be deemed 
 final and conclusive. 
 
 Seo. 2. All future payments, securities, conveyances, or transfers of property, 
 or agreements made or given by bankrupt, in contemplation of bankruptcy, or 
 for the purpose of giving a preference, and all other payments, &c., to any per- 
 son or persons whatever, not being a bona fide creditor or purchaser, for valuable 
 consideration, without notice void, and assignee entitled to sue for same. 
 Bankrupt making such preferences, and payments, not entitled to discharge. ' 
 All dealings and transactions by and with bankrupt, bona fids made and 
 entered into more than two months before petitioning, to be valid, provided 
 there be no notice of prior act of bankruptcy, or intention of bankrupt to 
 petition for decree. 
 
 If voluntary bankrupt have, since Ist January last, or at any time, in con- 
 templation of the passing of the act, given preference to creditor, he is not to 
 25 or 335 
 
386 APPENDIX. 
 
 receive diseliarge unless the same be assented to by majority in interest of 
 creditors not preferred. 
 
 Eights of married women, minors, or liens, mortgages, &c., not to be destroyed. 
 
 Seo. 3. On decree being made, all property and rights of property to be 
 divested out of bankrupt by operation of law, from the time of such decree, 
 and vested in such assignee as court may from time to time appoint. 
 
 Court may exercise power of appointment and removal of assignee at its 
 discretion. 
 
 Power of assignee to sell, manage, and dispose of, sue for and defend same, 
 under direction of court. 
 
 Assignee may prosecute and defend all suits in law or in equity, pending in 
 which the bankrupt is a party. 
 
 Suits by or against assignee not to abate by his death or removal from office. 
 
 Goods of bankrupt exempt from operation of statute. 
 
 Assignee to designate and set apart same, having regard to circumatances of 
 family. 
 
 Not to exceed in value $300, also 
 
 Wearing apparel of bankrupt, wife, and children. 
 
 If exception be taken to determination of assignee in such cases, the court to 
 decide. 
 
 Seo. 4. Bankrupt surrendering his property, and rights of property, and 
 complying with requisitions of statute, shall (unless majority in number and 
 value of creditors, who have proved their debts, file written dissent thereto) be 
 entitled to discharge from debts, and, upon his petition for the purpose, be 
 allowed certificate. 
 
 Discharge and certificate not to be granted until ninety days from decree in 
 bankruptcy, nor until after seventy days' notice in some public newspaper, 
 designated by court, to creditors who have proved debts, to show cause why 
 same should not be granted. 
 
 Creditors, or other persons in interest, may appear and contest right of bank- 
 rupt thereto. 
 
 Where residence of creditor is known, service may be made on him person- 
 ally, or by letter addressed to him at his known usual place of residence, as 
 court may direct. 
 
 Bankrupt guilty of fraud or willful concealment of property, or rights of 
 property, or having preferred creditors, or having disobeyed orders, &o., or 
 requisitions of act, or having admitted a false or fictitious debt to be proved, not 
 entitled to discharge or certificate. 
 
 Merchant, banker, factor, broker, underwriter, or marine insurer, not entitled 
 to discharge or certificate, unless proper books have been kept after passing act. 
 
 Nor any person who, after passing of the act, shall apply trust funds to his 
 ov;n use. 
 
 Bankrupt's discharge not to release any surety or endorser, or person jointly 
 liable with him. 
 
 Bankrupt may be examined, orally or on written interrogatories, before court 
 or a commissioner appointed by court therefor, on oath or affirmation, in all 
 matters relating to his bankruptcy and touching his estate and effects. 
 
 Answering, swearing, or affirming falsely, perjury, and punishable accord- 
 ingly. 
 
BANKRUPT ACT OF 1841. 387 
 
 Discharge and certificate of bankrupt to be deemed a discharge of all debts, 
 contracts, &c., proveable under decree, and may be pleaded accordingly. 
 
 And not to be impeached unless for fraud or willful concealment of property, 
 on prior reasonable notice, specifying in writing such fraud or concealment. 
 
 If discharge and certificate be withheld from bankrupt, he may demand trial 
 by jury, upon an issue to be directed by court. 
 
 Or he may appeal within ten days from decision to Circuit Court next to be 
 held for same district. 
 
 Manner of entering prayer for appeal. 
 
 Appeal must be tried at first term of Circuit Court after it be taken, unless 
 continuance be granted. 
 
 And may be heard by said court summarily, or by a jury, at option of bank- 
 rupt. 
 
 Creditors may appear and object to decree and certificate of bankrupt. 
 
 But if court or jury be satisfied that bankrupt has complied with provisions 
 of act, court to make decree of discharge and grant a certificate. 
 
 Seo. o. Creditors proving debts under bankruptcy, to share in the bankrupt's 
 estate and effects, without preference, such debts being bona fide. 
 
 Debts due by the bankrupt to the United States, and debts due to persons 
 who, by the laws of United States, have a preference, in consequence of having 
 paid moneys as his sureties, to be first paid out of assets. 
 
 Persons who have performed labor, as an operative for bankrupt, entitled to 
 full amount of wages, not exceeding |25. 
 
 Provided such labor was performed within six months prior to bankruptcy. 
 
 Creditors whose debts are payable at a future day, annuitants, holders of 
 bottomry and respondentia bonds, and of policies of insurance, sureties, endorsers, 
 bail, or persons having contingent demands against bankrupt, may prove such 
 debts and may have them allowed when they become absolute. Annuitants and 
 holders of debts payable in future may have the present value thereof ascer- 
 tained, and allowed as debts in presenti. 
 
 Creditor proving his debt to waive all right of suit against bankrupt. 
 
 And all proceedings already commenced to be deemed surrendered. 
 
 Set-off to be allowed where there are mutual debts. 
 
 Debts to be proved before court or commissioner appointed for the purpose. 
 
 Court may disallow proof of debt, founded in fraud, imposition, illegality, or 
 mistake. 
 
 Corporations to make proof of debts by president, cashier, treasurer, or other 
 officer, who may be specially appointed. 
 
 Court to appoint commissioners to receive proof of debts, &c., such persons 
 as have their residence in the county in which the bankrupt lives. 
 
 Seo. 6. District Court in every district to have jurisdiction in matters and 
 proceedings in bankruptcy arising under this and any other act to be hereafter 
 passed in bankruptcy. 
 
 Jurisdiction to be exercised summarily, in the nature of summary proceedings 
 in equity, and District Court to be deemed always open. 
 
 District judge may adjourn any point or question arising in any case in bank- 
 ruptcy into Circuit Court for district, in his discretion, to be there heard and 
 determined, such court to be deemed always open. 
 Jurisdiction of District Court to extend to all cases in bankruptcy. 
 
388 APPENDIX. 
 
 Power of court to compel obedience to all orders and decrees, by process of 
 contempt, similar to Circuit Courts in suits pending in equity. 
 
 District Court in each district to prescribe rules and regulations in all matters 
 in bankruptcy, subject to revision by Circuit Court of district. 
 
 Said courts to prescribe a tariff or table of fees and charges, to be taxed by 
 the officers of court or other persons for services rendered. 
 
 Sbo. 7. Petitions by bankrupt, or by creditor against bankrupt, and all other 
 proceedings in case to be had in District Court in which bankrupt resides, or 
 trades, except where otherwise provided by act. 
 
 Upon every petition notice to be published in one or more newspapers pub- 
 lished in district, to be designated by court, at least twenty days before hearing. ' 
 
 And all persons interested may appear and oppose prayer of petition being 
 granted. 
 
 Evidence by witnesses to be upon oath or affirmation, and may be oral or by 
 deposition before the court or before commissioner, or before disinterested State 
 judge in which the deposition is taken. 
 
 Proof of debts to be under oath or affirmation before court or commissioner 
 appointed thereby, or before some disinterested State judge of the State where 
 the creditors live. 
 
 Proof of debts may be contested. 
 
 Eight of assignee or creditor to have an issue to try validity and amount of 
 debts or claims. 
 
 The result (unless new trial be granted) to be evidence of validity and amount 
 of debts or claims. 
 
 Answering, swearing, or affirming falsely, perjury, and punishable accord- 
 ingly- 
 
 Sec. 8. Circuit Court where decree in bankruptcy passed to have concurrent 
 jurisdiction with District Court of same district of all suits at law and in equity 
 brought by assignee against any person touching bankrupt's estate. 
 
 No suit at law or in equity to be maintained against assignee or persons 
 claiming adverse interests in bankrupt's estate, unless brought within two years 
 after decree in bankruptcy, or after cause of suit accrued. 
 
 Sec. 9. Sales, transfers, and conveyances of bankrupt's estate to be made at 
 such time and in such manner as court may appoint. 
 
 Assets to be paid into court by assignee within sixty days after receipt, sub- 
 ject to order of court as to its safe keeping and disposition ; and court may 
 require assignee to give bond for faithful discharge of his duties and compliance 
 with orders of court. 
 
 Bond to be taken in name of United States, and on breach thereof may be 
 suable, under court's direction. 
 
 Sec. 10. Court to order collection of assets at as early period as practicable. 
 
 Dividend to be made of assets collected, among creditors who have proved 
 ' debts once in six months from time of decree. 
 
 Notice of dividend to be given in newspaper in district, designated by court, 
 ten days before order therefor is passed. 
 
 Pendency of suit at law or in equity, by or against third persons, not to post- 
 pone dividend, except so far as assets may be necessary to satisfy same. 
 
 And all proceedings in bankruptcy to be brought to a close within two years 
 from decree in bankruptcy (if practicable.) • 
 
BANKRUPT ACT OF 1841. 389 
 
 Where creditor shall uot have proved debt until dividend declared, he shall 
 be entitled to payment pro rata out of remaining dividends, as other credi- 
 tors have already received, before latter entitled to any portion thereof. 
 
 Seo. 11. Assignee, under order and direction of court, to have power to redeem 
 mortgages, or other pledge, deposit, or lien upon bankrupt's real or personal 
 estate, whether payable in prestnti or futuro. 
 
 Also, under like direction, to compound debts, claims, or securities of bankrupt 
 
 But no order so to do is to be made until notice of application be given in 
 newspaper in district, to be designated by court, ten days before hearing, to 
 enable creditors, &c., to oppose order being made. 
 
 Sec. 12. No person entitled under second decree in bankruptcy to discharge, 
 unless his estate produce seventy-five per cent, on amount of debts. 
 
 Sec. 13. Proceedings in bankruptcy to be matters of record, but not necessary 
 to be recorded at large, but filed, kept, and numbered in office of court, and a 
 docket only, with number, to be kept with clerk of court. 
 
 Clerk in court to receive 25 cents for furnishing certified copy, and no more. 
 
 Officer of court, or commissioner, not to be allowed more than one dollar for 
 taking proof of debts, but may be allowed his actual traveling expenses. 
 
 Sec. 14. Where two or more persons become insolvent, order may be made 
 on petition of partners, or one of them, or on petition of creditor, whereupon 
 the joint stock of partners and separate estate of each partner may be taken. 
 
 Joint creditors and separate creditors may prove debts. 
 
 Assignees to keep account of the joint and separate estates. 
 
 Proceeds of joint estate to be applied in payment of joint debts, and separate 
 assets to pay separate debts. 
 
 If balance of separate estate after payment of separate debts, balance to be 
 applied to payment of joint debts. 
 
 If balance of joint estate after payment of joint debts, balance to be applied 
 to payment of separate debts. 
 
 Sum appropriaied to separate estate of each partner to be applied to payment 
 of separate debts. 
 
 Certificate of discharge to be granted or refused to each partner, as if separate 
 decree had been made against him. 
 
 In other respects proceedings against partners to be conducted as if they were 
 against one person. 
 
 Seo. 15. Conveyances of land sold by assignee to contain recital of decree in 
 bankruptcy, and appointment of assignees. 
 
 Such recital, and a certified copy of order, to be evidence of bankruptcy and 
 assignment to validate deed. 
 All deeds containing such recital and proofs shall pass title of bankrupt to lands. 
 
 Seo. 16. Jurisdiction of District Court of United States vested in Circuit 
 Court of United States for District of Columbia, and upon Supreme or Superior 
 Courts of any Territory of the United States, in said District of Columbia, or 
 in either of said Territories. 
 
 Sec. 17. The Act to take effect from and after the Ist of February next, [1842,] 
 
 John White, 
 Speaker of the Souse of Representatives, 
 Approved, August 19, 1841. Sam'l L. Southard, 
 
 ioHN Tylee. Bresident of the Senate, pro tern. 
 
THE BANKRUPT ACT OF 1867 IN CON- 
 GRESS. 
 
 There never has been a measure in Congress — especially one having for its 
 objects such apparent great benefits to the business community — that was so 
 thoroughly debated, so obstinately opposed, or so courageously and strenuously 
 advocated, as the Bankrupt Law of March 2, A. D 1867. In the many discus- 
 sions thereon much legal wisdom was displayed, and we have appended some 
 of the arguments made in its favor before the House as being in a high degree 
 instructive. We commend them to the bar and the student, as they contain 
 conclusive reasonings in support of the law, and should excite a general de- 
 sire to its permanency. The first was delivered by Hon. Thomas A. Jenokes, 
 the framer of the law, on the occasion of the report of the Bankrupt Act Com- 
 mittee, [June 1, 1864,] of which he was Chairman. 
 
 Mr. Speakee: I take pleasure in introducing into this House a subject for 
 its action which, is entirely unconnected with political or partisan questions. 
 It relates solely and entirely to the business and men of business of the nation. 
 Its consideration at the present time is demanded by every active business in- 
 terest. It is a subject which we can discuss without acrimony, and difier upon 
 without anger. If a division is had upon it, the lines will not be those of party. 
 It is a green spot amid the arid wastes of party strife, and one to which the 
 fiery scourge of civil war has not yet extended. It presents unusual claims 
 upon us at the present time, when all the business interests of the country are 
 in a state of constant agitation. The life of the nation is in the prosperity and 
 energy of its active men. While they are encouraged, and 'their rights and in- 
 terests protected by just legislation, their efforts will continue and the nation 
 will endure. 
 
 Mr. Speaker, this measure is called for by the direct language of the Consti- 
 tution : 
 
 " Congress shall have power to establish a uniform rule of naturalization, and 
 uniform laws on the subject of bankruptcies throughout the United States." 
 
 The Constitution also precludes the States from legislating upon the subject, 
 by depriving them of the power of passing laws impairing the obligation of 
 contracts. The grant of the power implies its exercise as a duty. The power 
 granted in the first clause of the sentence has been exercised since the early days 
 of the Constitution, uniformly, constantly, and the laws enacted in pursuance 
 of it are still in force. The power which is now invoked has been exercised 
 intermittently, at long intervals, to meet special emergencies in the business of 
 the country, and the laws enacted under it have been repealed before they have 
 formed even the basis of a system of legislation. 
 
 What is now proposed is the enactment of a law with a different purpose 
 from the ephemeral laws which have preceded it, and which shall form the 
 basis of a permanent and uniform system of legislation and jurisprudence on the 
 subject of bankruptcies throughout the country. We desire that henceforth 
 there shall be no longer upon this subject one law in Maine and another law in 
 Wisconsin, a third in California, and a fourth in Kentucky, and so on through- 
 out all the States, but one law for all, which the citizens of the United States, 
 inhabiting each and all the States, may acknowledge, live under, and enjoy, and 
 feel it to be as stable as the Constitution upon which it stands. 
 
 All that we can now propose is the basis of such a system. A nation like 
 ours can hardly find precedents, and must seek out rules and make laws for 
 itself. The experience of other States and nations must be carefully explored, 
 
 391 
 
392 APPENDIX. 
 
 and their eystema and the tendencies of their systems fairly studied, before their 
 laws and j'urisprudfenoe can be copied and adopted into ours. The fact that 
 all the atteropts to frame a system which should meet the requirements of the 
 Constitution have been failures, have made your committee most careful in 
 consideration of this subject, and to explore into and seek out the principles 
 upon which a permanent system should rest. We have not sought to avoid the 
 rocks upon which other navigators have been wrecked, but rather to find and 
 make them the basis of the structure which we wish to rear. The principles of 
 the laws of trade and commerce are like the light-houses and beacons which 
 
 fuide the mariner upon the seas, and these principles we ask to be held up 
 efore all who adventure upon the perilous ocean of business. 
 
 It has been shown by actual count that more than nine-tenths of those who 
 enter upon commercial life fail during their early career. How beneficent, how 
 wise, how necessary is it, therefore, to enact laws which shall be their guide 
 from such disaster, or to save them from the ruin which it brings. Every com- 
 mercial country has such legislation. There is none that can be found without 
 laws upon this subject since the system of bankruptcy was introduced into the 
 jurisprudence of the Eoman Empire and made universal by the Christian em- 
 perors. No country of the Latin race has been without it. The Teutonic 
 nations have adopted it, and in England it has been the law for nearly three 
 centuries. 
 
 The framers of our Constitution deemed the passage of such a law a matter 
 of course. They foresaw the great field which American citizens would occupy 
 in the business of the world ; and, in the same clause of that great instrument, 
 they provided both for welcoming the industrial and commercial adventurers 
 from other countries, and also gave power to make provision for the casualties 
 that might arise from the spirit of adventure which must ever govern those who 
 would develop tha resources of a new and great country. 
 
 The wise foresight of our fathers has been overlooked, forgotten, or ■wilfully 
 ignored. Now, in the midst of civil war, when all the business interests of the 
 nation are afloat upon a sea of uncertainty ; when the States have found that 
 their imperfect legislation on the subject of insolvency has become, under the 
 prohibitory clause of the Constitution, of little use to the citizens of the United 
 States, we are called upon to carry into effect this great unexecuted provision 
 of the Constitution. 
 
 The biU before you is intended to be a thoroughly practical one. It contains 
 no theories ; it anticipates no undiscovered emergencies. It deals with the fact 
 called bankruptcy. Every one knows what that is. It is insolvency beyond the 
 reasonable chance of recovery. The signs and proofs of it are well known. 
 The first principle of all such systems of laws is, that when that fact occurs the 
 administration of the bankrupt's effects belongs to his creditors, and not to 
 himself. Coupled with this is also the merciful provision, that if the insolvent 
 surrenders all his property for such administration, and shows that he has been 
 honest and faithful in conducting his affairs, he should be discharged from the 
 obligations which, by accident or misfortune, he has not been able to perform. 
 
 If hopeless insolvency be commercial death, then the bankrupt laws open to 
 the honest bankrupt freedom from his debts, and the road to a new commercial 
 life. 
 
 In this country there neither is nor can be any privileged class, who should 
 enjoy the benefit of such a system of laws. All are liable to insolvency, and 
 all are equally entitled to relief. If time permitted, it would be interesting to 
 give the history of the English bankrupt laws, which were originally confined 
 to traders, and which have been gradually enlarged to include all persons, like 
 the one which we now report. 
 
 The tests of this insolvency beyond reasonable hope are of two classes : 
 
 Mrst. The bankrupt's own admission of it. 
 
 Second. The proof of the facts, which are the best evidence of the insolvent's 
 hopeless condition, and which are conclusive of it, unless explained by equally 
 satisfactory evidence. 
 
 The bill therefore contains provisions both for voluntary and involuntary 
 bankruptcy. 
 
THE BANKRUPT ACT IN CONGRESS. 393 
 
 In the course of true, healthy, honest business, the p&rson who finds himself 
 in a condition of hopeless insolvency, whatever may be his occupation, should 
 at once call his creditors together and submit to them what he should do for 
 their mutual interest ; and both creditors and debtor should unite upon some 
 plan which will secure the rights of each and all. But, unfortunately, under 
 the common law, and under that law as controlled and regulated by the laws 
 of the several States, such a notification from the debtor would only prompt 
 the creditor whose claim was soonest due to seek the privilege which legal pro- 
 ceedings for the collection of his debt would give him, and the debtor would 
 either be deprived of his property by process of law, or deprive himself of it by 
 assignment in favor of some of his creditors to the entire exclusion of others. 
 Those who receive nothing will give the debtor no discharge, and the law, as it 
 stands in nearly all the States, makes the debtor upon the verge of insolvency 
 and his creditors common enemies, with such melancholy results as we see all 
 over the land. 
 
 The bill now presented is believed to be the first attempt in this country to 
 bring the failing debtor and his creditors upon a ground of negotiation and 
 settlement equally beneficial to each. 
 
 The Bankrupt Act of 1800 was for the benefit of creditors only. It was a 
 careful digest of the English statutes of bankruptcy to that date, without any 
 study as to their adaptation to the exigencies of business in this country. Any 
 lawyer or man of business, by even a cursory examination of its provisions, can 
 see the cause of its failure. 
 
 The Bankrupt Act of 1841 was substantially for the benefit of debtors only. 
 It was reported originally as a purely voluntary system. In the course of dis- 
 cussion certain amendments were ingrafted upon it, which seemed to favor 
 creditors, but which were soon found out to be almost entirely illusory. This 
 objection to the law was well taken in the debate before its enactment, and was 
 one of the causes, if not the main cause, which induced its sudden repeal. 
 
 The points aimed to be secured by the bill now reported, are: 
 
 First. The discharge of the honest debtor upon the surrender of his property. 
 
 Second. The protection of the creditor against the fraudulent practices and 
 reckless conduct of his debtor. 
 
 I presume the first question that every one will ask, for it is the question which 
 has caused the greatest difficulty to the committee, will be, how can this be done 
 with the present judicial system of the United States without great and inordi- 
 nate delay and expense? The failing of the former laws was in a great degree 
 owing to the inefficient and cumbrous machinery by which they were attempted 
 to be carried into effect, and to the want of uniformity in the proceedings and 
 practice. The answer to this question will be found in the first twelve sec- 
 tions of this bill. The district courts are made courts of bankruptcy. All ini- 
 tial proceedings must be had in them. If the judge cannot dispose of the cases 
 in a reasonable time, he may have an assistant. But experience has shown 
 that nine-tenths of the business in courts of bankruptcy and insolvency is of 
 a mere formal character. Heretofore this class of business has wasted the time 
 of the courts, and no substantial benefit has been obtained by the appointment 
 of commissioners, who exercised an undefined and in a great degree an irres- 
 ponsible j«risdiotion. Appeals from their decisions filled the courts. This sys- 
 tem wasted the time of the courts, the funds of the bankrupt's estate, and 
 bi'ougbt the system into disrepute. 
 
 The committee have proposed to remedy the faults of the old system by the 
 creation of a class of officers called registers. They are authorized to transact 
 all the business of the court when there is no opposing interest. If they find 
 an opposing interest in any case, they are authorized to state the question in 
 writing and certify it into the court for the decision of the judge. They are 
 the hands and eyes of the court, but are not clothed with its power or its dis- 
 cretion. They are to be paid a liberal salary out of a fund to be collected by 
 fees, and their interest, as well as their dutv, is to discourage litigation. 
 
 The first idea of such officers originated in Massachusetts, and was incorpo- 
 rated into their insolvent law. It was copied thence into the bankrupt law of 
 England of 1861. The committee have adopted and modified it to make it 
 
394 APPENDIX. 
 
 applicable to the wanta of this country, which are far beyond those of any 
 individual State, like Massachusetts or England. 
 
 The uniformity of proceedings and practice under the law are secured by a 
 provision for general rules, which shall be applicable to all the judicial districts. 
 Under the bankrupt law of 1841, every district judge was authorized to make 
 rules for the practice in his court. Each of them exercised this power. The 
 consequence was, that instead of the country's having a uniform system of 
 bankruptcy, there were as many systems of practice as there were districts. 
 
 The uniformity of practice under the proposed bill will be secured by a code 
 of rules to be established by the Supreme Court. Before such rules take effect 
 they must have the sanction of one of the judges of that tribunal. It is im- 
 possible to make provisions in any statute for all the details of proceedings and 
 practice in the courts, and it is essential that uniformity should be secured in 
 all the courts of the United States. It seemed best to the committee that all 
 such rules should be framed and carried into effect under the highest judicial 
 sanction. 
 
 The committee have adopted the system of creditors' assignees, and have 
 rejected all the cumbrous machinery of ofiicial assignees, accountants, regis- 
 tries of courts, and accountant generals. Insolvency is a matter between the 
 bankrupt and his creditors, and can best be managed by them under the direc- 
 tion of the courts. 
 
 In the respects just named this bill differs from former laws. Every question' 
 raised by litigants contesting the bankrupt's discharge must be heard and de- 
 cided by a responsible judge in open court, upon an issue made up by the par- 
 ties, or stated by one of the registers of the court. It may be taken for granted 
 that no question will there be raised which is not one which ought to be thus 
 heard and decided. The interest of the parties would be opposed to delay, or 
 to the presentation of frivolous questions. 
 
 The mode of proceeding in voluntary bankruptcy will be found properly 
 provided for in the bill. As a bankrupt law necessarily suspends all local laws, 
 the committee have thought it best to make the provisions of this section as 
 broad and liberal as any that can be found in the insolvent laws of the States. 
 
 The powers, duties, obligations of assignees will also be found provided for. 
 It is sufficient to state that such assignees are at all times under the control of 
 the creditors and of the court. 
 
 The proof of debts, the protection of the fund, the rejection of fictitious debts 
 and of fraudulent claims, the examination of the bankrupt, the distribution of 
 the estate, the limitations of preferences, and the requisites to procure a dis- 
 charge, are also provided for. 
 
 There is also an allowance to the bankrupt out of the fund, if he is an honest 
 debtor, so that he may not be turned adrift upon the world without a dime 
 if he has honestly surrendered his effects for administration and distribation 
 among his creditors. And he is further given an opportunity of meeting his 
 creditors, and, if they are satisfied of his integrity and ability, to permit them 
 to wind up his affairs under a trust deed with the same effect as if the proceed- 
 ings had been conducted throughout in the (Jourt of Bankruptcy. 
 
 Here the debtor and his creditors meet upon the common ground of obliga- 
 tion and duty which underlies all these systems, and this provisJfen compels 
 obedience to the dictate of duty. 
 
 There are creditors who systematically refuse a discharge ; men who profess 
 to be Christians with Shylock's principles. I have met many of them, and I 
 presume many of us have. It is to prevent the tyranny of such creditors that, 
 laws like this should be passed. 
 
 Consider the effect of this conduct upon those who have met with misfortune 
 in business. If they have dealt with one of these Shylocks they have no hope 
 of relief. All the other creditors may be willing to receive the proffered divi- 
 veud if satisfied of its fairness, but none desire that one shall have an advan- 
 tage over the rest. The consequence is that the debtor continues to secrete and 
 hold his property, to cover it up by the ingenious network of fraudulent con- 
 trivances and conveyances which no court, in the absence of a bankrupt law, 
 and in the faces of the strong swearing of the debtor and his friends, has ever 
 
THE BANKRUPT ACT IN OONGEESS. 395 
 
 teen able to break through. The debtor hides himself behind all sorts of sub- 
 terfuges. He loses all sense of mercantile honor ; he borrows the name of 
 some irresponsible person, behind which he may use his secreted capital ; he 
 advertises nimself as agent for his father, son, or, in some States, even of his 
 wife. All these false principles stand ready to help him by positive testimony, 
 and the debtor commences and carries on a career of fraud from which there is 
 no honorable escape. 
 
 Or if he possesses integrity and ability, those very qualities are a disadvan- 
 tage in any attempt to procure a discharge. The creditor says to him, " Some 
 day you will recover yourself, or your friends will set you up in business, and 
 then I can secure ray debt." The qualifications for success are thus made to 
 increase the penalties and sufferings of misfortune. 
 
 The proposed system establishes a sound basis of business and regulates 
 credits. The reason is obvious. This law will underlie all the local laws gov- 
 erning the relations of debtor and creditor, and all will know the terms upon 
 which they deal with each other. When it shall be understood that there can 
 be no preferences upon the eve of failure, no secretion or abstraction of prop- 
 erty for the benefit of the debtor's friends or relatives, no transfers which can- 
 not be inquired into, no settlements by an insolvent upon his wife or children 
 which cannot be reached and declared void through the courts of bankruptcy, 
 and when, at the same time, it shall be understood that the debtor who finds 
 himself in failing circumstances, and comes forward and meets his creditors, and 
 shows that he is entitled to his discharge and can procure it by a surrender of 
 his effects, I venture to assert that fraudulent bankruptcies will be as few in 
 this country as they are in other countries, under wiser and better commercial 
 systems ; indeed I believe much fewer ; for I have a strong belief in the wis- 
 dom and honesty of the American people. 
 
 Under this system of voluntary bankruptcy and of composition deeds, I be- 
 lieve that after a reasonable time proceedings in involuntary bankruptcy will 
 be rare, except in cases of attempted fraud. But it will be perceived by reading 
 sections forty to forty-seven that such proceedings are provided for, and that 
 they are complete and thorough. They meet and obviate every objection 
 which was raised to the Bankrupt Act of 1841 by its opponents. 
 
 The bill includes corporations. It has a complete system of involuntary 
 proceedings, and provides for composition settlements. It is of unquestionable 
 constitutionality. These were the grounds which gave the opposition to the 
 law of 1841 a partisan character, and they no longer exist. 
 
 There is now no good reason why corporations should not be included under 
 a general bankrupt law. They are subject to bankruptcies, and State laws 
 must be enacted for their relief. Why should these artificial persons have a 
 privilege different from natural persons ? Whenever there is a personal liability 
 for the debts of the corporation, we may be sure the stockholders will not claim 
 such privileges either for the corporation or for themselves. 
 
 It may be objected to this bill that it is retroactive or retrospective. I deny 
 this proposition. I maintain that it is not retroactive or even retrospective. 
 It is applicable to the business of the country as it is, and to the men of busi- 
 ness in their present actual condition. 
 
 With regard to proceedings in involuntary bankruptcy there can be no 
 question. No person can be proceeded against except for causes happening or 
 continuing after the approval of this bill. Acts of bankruptcy are facts, and 
 such facts or events happening after this bill shall become a law can alone 
 become the basis of involuntary proceedings. These facts must be proved, as 
 required in the bill, before any warrant can issue for the seizure of the bank- ' 
 rupt's effects. But with regard to voluntary proceedings, the filing of the pe- 
 tition is declared to be an act of bankruptcy. Before the petitioner can entitle 
 himself to a discharge, he must bring himself by competent evidence within 
 the provisions of the bill. His debts have accrued. His property may have 
 been applied honestly under State laws to the payment of his debts. He may 
 now have no assets. ' He may be indebted to the assistance of his friends for 
 the means of applying for the benefit of the law. The debts which he has long 
 owed, without means of payment, may be discharged in these proceedings. 
 
396 APPENDIX. 
 
 But in what sense is this bill retroactive or even retrospective upon such 
 obligations ? The bill applies to the present fact. A person in the position 
 described could not be proceeded against under this bill, because he is not 
 capable of committing an act of bankruptcy. He has not been capable of doing 
 so since he parted with or was deprived of his property. The only mode in 
 which he can commit an act of bankruptcy under this bill is to file his petition 
 for relief. That petition applies to his present condition. He thereby becomes 
 a bankrupt, subject to the provisions of this bill, and must in all respects com- 
 ply with its provisions before he can receive his discharge. If a bankrupt law 
 like this had been passed immediately upon the adoption of the Constitution, 
 it would have operated on the then state of business in the country, and would 
 have been retroactive and retrospective in the sense complained of, in every 
 case of voluntary application, in the same manner as proposed in the present 
 bill. Every case of voluntary or involuntary application hereafter, for many 
 years, must operate upon debts incurred before the passage of this bill. 
 
 Such proceedings in no sense impair the obligation of contracts. No con- 
 tract has been entered into since the adoption of the Constitution which has 
 not been subject to be discharged by the operation of a bankrupt law which 
 Congress might pass at any time. 
 
 Why should the present state of things continue ? Of what advantage can it 
 be to creditors or to the country that so many tens of thousands of the active 
 men of this nation should be held in thraldom ? They bear upon their limbs no 
 visible chains ; they have no masters who will yield them food for their toil, 
 yet they are in the power of those who may sweep off their earnings at any 
 time, and who in some States may incarcerate their persons in prison. 
 
 Although this actual imprisonment of the person has been abolished, except 
 for temporary purposes, in most of the States, yet in all there still exists that 
 life-long incarceration, more terrible to the honest and sensitive mind than the 
 other, in the chain net-work of insoluble debt. For crimes, the term of im- 
 prisonment is limited by law, the bolts of the jail or the penitentiary are driven 
 and unloosed, and the penalty is paid. But for debt there is no release in life. 
 The Eoman law of the twelve tables, de corpore debitoris in partes secando, by 
 which the relentless creditor could obtain a dividend of his debtor's body, if not 
 of his effects, passed away with that code, and in the latter days of that republic 
 was made to yield to the Julian law, which is the oldest system of bankruptcy 
 in the world, and which on the triumph of Christianity was made a portion of 
 the permanent system of jurisprudence of the Eoman empire. 
 
 The laws formerly in force By which the creditor could keep the debtor in 
 prison for an indefinite period, without relief, have been abolished in all Chris- 
 tian countries. But there may be a punishment of death without the knife, 
 and an imprisonment without the bolts and bars of the jail. When, in this 
 country, one enters the gates of hopeless insolvency, all his life must be passed 
 within the imprisonment of mercantile dishonor, the pain of uncancelled ob- 
 ligations, the surveillance of creditors, and there is no release except by death, 
 who enters here may thereafter write over such habitation as he may have 
 during the remnant of his life the motto that the poet found inscribed over the 
 gates of hell: 
 
 "Who enters here abandons hope." 
 
 To him, thenceforth — 
 
 " Hope Cometh not that comes to all." 
 
 Whatever may be his talents, whatever his skill, the result of long business 
 experience, whatever his opportunity, whatever his integrity and character, so 
 long as creditors stand unwilling to release him, his life is one continuous 
 thraldom, without the power of relief by his own exertions, and beyond the 
 aid of his friends. Why should this be, and for what good ? To what end? 
 Do the public gain by it ? Do the creditors ? No one can answer in the affirm- 
 ative. 
 
 How many thousands and tens of thousands now stand waiting the action 
 of this Congress for the relief which is due to them ! Never was there an 
 occasion when the passage of a law like that now reported was so necessary, 
 
THE BANKRUPT ACT IN CONGKESS. 397 
 
 nor the demand for it so urgent. Thousands were wrecked in the panic of 1857 
 who have never yet regained a firm foothold in any husiness. Thousands more 
 were stranded in the repudiation of southern debtors in 1860 — ruined beyond 
 retrievement. Many of these were old men, who saw large fortunes swept 
 away from beneath their feet, and found themselves amid the quicksands of 
 hopeless insolvency ere they could make a trial-balance of their books. Many 
 of these we know — aged men — and see verified in them the description of the 
 caprice of fortune: 
 
 " Itis still her uao 
 To let the wretched man outlive hifl wealth, 
 To view with hollow eye and wrinkled front 
 An age of poverty." 
 
 And many of more vigorous years, the young members of ancient houses, are 
 borne down by a weight of debt beyond, their strength, condemned throughout 
 their lives to eat the bitter bread of penury, and, unless we intervene, without 
 hope. What to them are the guaranties of the Constitution ? Why should 
 they love the Government and yield it a hearty allegiance? Many, indeed, 
 have gone forth to the war for its support, to lay their bones upon battle-fields, 
 or to return to a life-long servitude and degraciation. The fault is here, and 
 not with them or with the Constitution, if tney owe it slack allegiance. It is 
 the Congress which has not performed its duty. Upon this subject the Consti- 
 tution is as it should be. Thank God, Mr. Speaker, it needs no amendment to 
 declare this emancipation. It rests with Congress alone to say whether more 
 than a hundred thousand of the most intelligent, most active, and most patri- 
 otic men of the country should have the opportunity of liberating themselves- 
 from their bondage of debt, and walk free in the exercise of those rights which 
 the immortal Declaration declares inalienable. 
 
 The power to make this declaration of freedom stands written upon the face 
 of the Constitution. With the cry of these hundred thousand in our ears, and 
 of the thousands more dependent upon them for subsistence ; with the present 
 state of the nation before us, in which no one is so blind as not to see that when 
 the ebb-tide of this fictitious paper-money prosperity comes, as come it must, 
 the shores of the great seas of trade will be strewn with more wrecks than ever 
 yet were seea in any panic or revulsion, does it not become the duty of this 
 Congress to acknowledge its constitutional obligations, and exercise its power 
 to remedy and anticipate these evils ? How can we be excused for the non- 
 performance of this plain duty ? 
 
 Let no one say, in excuse, that the portion of country he represents is agri- 
 cultural, and not commercial. Every section of the country is commercial. 
 Do not the agricultural districts sell their surplus products ? Do they not buy 
 their needed supplies from the seaboard? Is not this commerce? All parts of 
 this country, not now in arms against the constitutional Government, are so 
 connected, interlaced, and interwoven with each other that the prosperity of 
 one part is the prosperity of all, and the neglect or injury of one part is to the 
 injury of all. 
 
 Let us, then, by this beneficent measure, unite in placing all upon a just 
 equality, and, by the performance of the constitutional obligation, bind all sec- 
 tions more firmly together, make greater uniformity in these laws, and add to 
 the resources of the country the labor and skill of thousands who now stand 
 waiting in grief and without hope except from us, and take away from the hun- 
 dreds of thousands who are now engaged in active business the fear that by the 
 chances of war, the revulsions of business, or the senseless panics among specU' 
 lators, they may become no longer of use to themselves or of service to their 
 country. Let it be the honor of this Congress to lay aside for a day its party 
 strife and fierce contentions, and, meeting on a common ground of mercy to the 
 unfortunate and justice to the active business men of the nation, pass with 
 unanimity a measure so fraught with beneficence to all, and for which they will 
 receive the blessings of thousands. It is a measure of unquestionable good; 
 it is demanded by the people ; and it is authorized and required by the Consti- 
 tution. Let it then become a law. ■ - 
 
398 APPENDIX. 
 
 The bill, as reported upon June 1, 1864, was defeated. May 17, 1866, Mr. 
 Jeitokes, of Ehode Island, still indefatigable in his championship of the meas- 
 ure, again reported a bill for a Uniform Bankrupt Law, and thereon were 
 delivered the following speeches, upon the second and third reading of the bill: 
 
 Mr. Jenokes. The bill which was referred to the Select Committee on Bank- 
 rupt Law, on the motion of the gentleman from New York, [Mr. Conklisg,] was 
 the bill that was formerly reported by that committee, without any of the 
 amendments ingrafted upon it during its consideration by this House. 
 
 The bill now reported is the bill originally reported as amended in the House, 
 with some other amendments to meet the objections then made to it. With the 
 permission of the House, I will briefly explain what those additional amend- 
 ments are, and take up no time in explaining the other portions of the bill, as 
 the bill has already been fully discussed with these exceptions. 
 
 The principal of the amendments now proposed is one relating to the duties 
 of the "officers styled messengers. By the original bill, in cases of voluntary 
 bankruptcy, these messengers were required to take possession of the property 
 belonging to the bankrupt, and retain it until the appointment of the assignee. 
 By the bill as now reported these messengers have no such duties to perform 
 with regard to the property of the petitioner. The custody of the property 
 remains in the possession of the petitioner until an assignee is regularly ap- 
 pointed by the court, when he takes possession of it and has full and final con- 
 trol over it. The responsibility of the care and custody therefore remains with 
 the bankrupt, as the owner of the property, in the intervening time. As a 
 check upon any waste of the property in the mean time, or of any disposition 
 of it adverse to the provision of the law, the bankrupt is required to satisfy 
 the court, and of course to satisfy the creditors, who watch over the proceed- 
 ings until the discharge is granted, that he has made no such waste or fraudu- 
 lent disposition of his property, before he can obtain his discharge. 
 
 The duties of these messengers are dispensed with in all cases of voluntary 
 bankruptcy. The responsibility thrown upon them by the bill as originally 
 reported is now thrown upon the petitioning debtor. And unless the debtor sat- 
 isfies the court that he has acted honestly in every respect, in regard to his 
 property, between the time of his application and the time of receiving his dis- 
 charge, then he is not to receive the benefit of this act. 
 
 I will explain another amendment made in this bill. It is in regard to the 
 payment of the officers called registers. By the original bill those officers were 
 to be paid a salary, to be raised from the fees to be paid in each case. By the 
 proposed amendment they are to be paid according to the services they render. 
 And there is a provision inserted in this bill giving the commissioners power to 
 reduce their fees in certain classes of cases, so that no exorbitant compensation 
 can be received by any one of these officers. 
 
 It is also required that one or more of these officers shall be appointed in 
 each county of the United States, so that it shall be convenient for every party 
 transacting business in this court to have one of those officers as accessible as 
 the county clerk now is. It is also provided that these officers shall be ap- 
 pointed upon the nomination and recommendation of the Chief Justice of the 
 Supreme Court of the United States. The officer is designated because he is to 
 have the supervision, confirmation, and establishment of the rules of practice 
 which are to form the code of practice in the courts of bankruptcy, if this bill 
 shall become a law. 
 
 These, I believe, are all the respects in which the bill now reported differs 
 from the bill formerly before the House. 
 
 Mr. Davis. Mr. Speaker, I desire to say a few words in favor of the passage 
 of this bill. Among the powers lodged in Congress by the Constitution of the 
 United States is one to establish uniform laws on the subject of bankruptcy. I 
 Bupppose it was intended that these laws should not only be uniform, but en- 
 during. Congress hitherto has failed to carry out the duty enjoined on it by 
 the Constitution in establishing uniform and permanent laws on the subject of 
 bankruptcy. 
 
 Now, sir, the experience of this country, ever since its organization, is like 
 
THE BANKRUPT ACT IN CONGEBSS. 399 
 
 the experience of every other civilized country. There are times and emergen- 
 cies when men require the interposition of the Government to relieve them 
 from misfortunes where their energy and enterprise have involved them in lia- 
 bilities to which they are unable to respond. 
 
 In 1842 Congress passed a bankrupt law which was for the benefit of the 
 debtors almost entirely. Yet in the purview of the Constitution it was the 
 duty of Congress to pass a law for the creditors as well as for the debtors. 
 When that law was passed thousands and tens of thousands of men whose 
 energy and enterprise added to the aggregate wealth of the country, were 
 struck down by the revulsion of 1836 and 1837. They availed themselves of 
 the benefit of that law, and again applied their energies to the development of 
 the resources of the nation. The country has become richer from their labor. 
 
 Unfortunately, however, that was. not continuing legislation. Since then 
 Congress has done nothing either for the benefit of debtor or creditor. Session 
 after session bankrupt laws have been introduced and have been defeated, and 
 in the mean time the men who have met with misfortune, against which they 
 could not struggle, have gone down under the pressure of liabilities. They have 
 remained idle, as they can do nothing with the heavy hand of the creditors 
 upon them. In many States the debtors were liable to be put in prison for debt ; 
 but advancing civilization has either obliterated entirely or materially modified 
 that law. But while debtors may not be imprisoned for debt, yet the country 
 will lose the benefit of the energy and enterprise of these men because of the 
 pressure of their liabilities, we ought at once to relieve them. 
 
 I believe there is no measure before Congress which is entitled to a more 
 Sareful consideration than this one for the relief of men who have been borne 
 down by various disasters which have swept over the country since 1836. By 
 the passage of this measure we relieve these unfortunates, and at the same 
 time provide means by which the creditors may collect from the debtors. I do 
 not suppose this law is perfect. I do not suppose any law we can pass will be 
 perfect. It is, however, the basis upon which we can erect a more perfect 
 superstructure, and I hope it will receive the favorable consideration of the 
 House. 
 
 Mr. Holmes. Mr. Speaker, it is well known that when this bill was before 
 the House a few weeks ago, I voted against it. I did not do so because I was 
 opposed to a bankrupt law, but for reasons peculiar to this bill in the form in 
 which it then was. My objections were to the details, and not the principles of 
 the bill. These objections have been entirely removed in the bill as it now 
 stands. 
 
 The most important objection, as I regarded it, was to the unnecessary and 
 expensive provision by which, the marshal was required to take charge of the 
 property of the bankrupt on the presentation of the petition, and hold it until ; 
 an assignee was appointed, receiving mileage and his expenses, in addition to a 
 reasonable compensation for the custody of the property. This, in my judg- 
 ment, was unnecessary, and in the district in which I reside would have been 
 very expensive. This feature of the bill has been entirely removed, and the 
 property remains in the hands or custody of the bankrupt until an assignee is 
 appointed, and a provision has also been inserted that if he is guilty of fraud 
 or negligence in the custody of it, or in failing to deliver it to the assignee when 
 appointed, his discharge shall not be granted. 
 
 The expenses necessarily incurred in taking the benefit of the former bill 
 were too nigh, I thought ; and, as one of my colleagues truthfully suggested, it 
 would cost a man more to take the benefit of it than to pay his debts. The fees 
 to officers for specific services have also been reduced, and the entire costs and 
 expenses of the proceedings are reduced, in my judgment, not less than one- 
 third. A register is provided in every county, so that parties and their attor- 
 neys will easily and readily be accommodated in the preliminary proceedings, 
 which can be taken before that officer. In the form in which the bill now is I 
 shall cherfully vote for it and hope it will pass. 
 
 And upon the final passage of the bill in the House of Representatives, May 
 22, 1866, Mr. Jenokes made the following closing speech : 
 
400 APPENDIX. 
 
 Mr. Speaker, in oloeing this debate I wish to state and to reply to some gen- 
 eral objections that have been raised to legislation upon this subject. 
 
 1. The first objection is that no law should be passed which authorizes the 
 discharge of a debt without payment in full, or which cancels the obligation of 
 a contrast. All bankrupt laws on this principle would be pronounced inex- 
 pedient and unjust. 
 
 My reply is, that in the progress of civilization it has become repugnant to 
 fhe consciences of enlightened nations that there should be any longer servitude 
 for debt. There are two parties to every contract, and there are uncertainties- 
 with regard to the performance of it by each. All commercial nations have 
 discovered that it is as necessary for the prompt transaction of business, the 
 preservation of mercantile honor, and the encouragement of trade and enter- 
 prise, to provide a remedy for the honest, unfortunate debtor against the perse- 
 cution of some grasping creditor, as to provide a remedy for the creditor againsfr 
 a fraudulent debtor. The security, even the life of trade, requires that the 
 relief provided by law should be mutual. Otherwise, honesty is confounded 
 with fraud, and misfortune with crime. 
 
 A well-adjusted system of bankrupt law provides the desired remedy; and 
 while it strengthens rather than weakens the creditor's rights and powers, it 
 rewards unfortunate honesty with emancipation. Hereafter, if this bill be- 
 comes a law, imprisonment for debt, that relic of barbarous ages which still 
 lingers in some of the States, will cease to exist and can never be .restored. 
 The energies of the unfortunate debtor will no longer be lost to his family and 
 his country. The past, with its retrospect of embarrassment and misfortune, 
 will no longer cast its baneful shadow over his mind, his future will no longei* 
 be unoheered by hope. The pursuit of happiness, the road to honor, a 
 career of industry and enterprise, with its rewards, will again be opened to 
 him, and he will enter anew, as a redeemed man, into the life and prosperity 
 of the State. 
 
 2. Another objection is, that although the power to pass a system of laws on 
 the subject of bankruptcy is clearly granted to -Congress by the Constitution, 
 yet it is inexpedient for Congress to exercise it. Such an argument might have 
 weight if this bill were brought forward as a party measure, or if it were partial 
 and unequal in its operation, and did not tend to produce the beneficial results 
 it aims at. But the most ingenious and suspicious mind has failed to discover 
 any partisan character in it, and the closest criticism, in and out of Congress, 
 has not disclosed any of the other obnoxious qualities. It cannot be pretended 
 that State legislation can afford adequate relief, for its power over the subject is 
 limited, and over the persons ceases entirely at the States' boundaries. 
 
 At the time of the adoption of the Federal Constitution, Rhode Island had a 
 perfect bankrupt law, discharging the debt as well as the person of the debtor, 
 but the Supreme Court declared it to be unconstitutional and null. New York 
 once passed a similar law, which met the same fate before the same tribunal. 
 The power resides solely here ; and being sole and exclusive, it implies a corres- 
 ponding duty, which is the exercise of that power for the benefit of the people. 
 The Eepublic has a right to the free and unfettered services of all its citizens, 
 and every interest of the State demands that they should have the free exercise 
 of their faculties in all the pursuits of life. It is contrary to wise policy to per- 
 mit one class to hold another in a bondage where freedom from incarceration 
 only makes the sufiering more intense, with ruined fortunes, blasted hopes, 
 paralyzed energies, how can those irretrievably insolvent contribute to the wel- 
 fare of the famuy or the prosperity of the country ? Not alone the miseries of 
 these men, but the material interests of the Eepublic demand the exercise of 
 this beneficent power. Nor is there any considerable opposition to it from that 
 class who may be supposed to be benefited by the present state of the law. The 
 great creditor interests of the country, to "their honor be it spoken, have ap- 
 pealed to you to nationalize the relation of debtor and creditor by the passage 
 of this bill. After one unparalleled revulsion in trade, and another caused by 
 unexpected war, and after the vast fluctuations of a five years' state of war, 
 they have discovered that their true interest requires that the law should be so 
 
THE BANKKUPT ACT IN CONGRBaS. 401 
 
 framed as to bring about the most prompt settlements, and give eaoli party the 
 quickest and most thorough relief. 
 
 I had the pleasure of submitting to this House the most weighty testimony 
 ever offered on this subject to any legislative body in the world. These Cham- 
 bers of Commerce and Boards of Trade and their constituencies do not fear that 
 any rogue, or willful rebel who threw his property into the scales of rebellion 
 ■with himself, will escape through the meshes of this bill while creditors are vigi- 
 lant and courts are honest. They wish to meet their debtors, North and South, 
 under the common protection of national law. Then enlightened self-interest 
 has risen to the degree of wise statesmau.ship. Cannot this Congress be as mag- 
 nanimous, as iust, and as wise? 
 
 3. Others object to the system because they say it is retroactive, and avow 
 their willingness to accede to it were it wholly prospective and applicable only 
 to contracts made after the bill shall have become a law. If this be urged on 
 constitutional grounds, it meets with a perfect answer in the decisions of the 
 Supreme Court. Nothing can be clearer than the language of Chief Justice 
 Marshall, explaining the clause in the Constitution under which this bill is 
 framed, and that which contains the prohibition upon the States. 
 
 Far more cogent, if not altogether conclusive, is the constitutional argument 
 against legislation to take effect only on future contracts. Some date must be 
 fixed in such a statute before which contracts must remain binding, and beyond 
 which they may be annulled. The business of the country must go on, with 
 or without such a statute, and debts must be contracted on the usual credits. 
 A man fails a month after the day designated. From the obligations con- 
 tracted within that month he may be discharged, but he must remain in the 
 chains of all his previous liabilities, although they may run back through a 
 period of twenty years. In fact, as the evidence of debt may be a judgment or 
 specialty, no statute could give equal and full relief to all debtors on tnis prin- 
 ciple, unless its operation should be postponed until twenty years after its 
 passage. 
 
 Such an enactment would be an absurdity. As a present measure of relief, a 
 purely prospective statute, to take effect from its date, would be worse than a 
 mockery ; it cuts a man into fractions ; it severs his business and his life ; one- 
 half, or some other 'fraction of him, may be bond, the other, free. It breathes 
 the spirit of the terrible Roman statute which gave the living body of the debtor 
 to be cut in pieces by his creditors — a horrid dividend. It would be as unjust 
 to the creditor as to the debtor ; they should all be treated alike, and stand 
 equal before the law. It would discriminate against some and favor others ; 
 some would take the dividend, and the balance of their claims would still 
 be valid; others would be compelled to discharge their whole debt for the 
 same dividend. Such a statute could not be uniform in its operation, and would 
 therefore be unconstitational. For, as I have maintained in this debate, the 
 constitutional requirement in a bankrupt law is, that it should be uniform in 
 its effect upon the relation of debtor and creditor. That is a personal relation. 
 Their rights are personal rights ; their contracts are personal contracts ; their 
 remedies are by personal actions; and the relief granted by a bankrupt law is a 
 discharge from these personal actions. The effect should be uniform upon all, 
 or the constitutional requirement is violated. 
 
 But this statute cannot properly be called retroactive even in the sense that 
 all remedial statutes are retroactive. It is not within the prohibition of ex post 
 facto laws. It takes effect upon the business of the country as it is, in the same 
 manner that the two previous statutes took effect at their respective dates. The 
 warrant to enact it is found in the clear and explicit language of the Con- 
 stitution, and to a bill like this, with less propriety than perhaps to any other, 
 can the term retroactive or retrospective be applied in the offensive sense that 
 it changes existing rights and liabilities without notice ; for every contract that 
 has been made since the ratification of the Constitution has been entered into 
 with full knowledge of its contents, and subject to the power of Congress to 
 pass at any time a law by which that contract might be annulled. 
 
 About the details of the bill, as originally reported, the committee have 
 never been tenacious. I merely carried out their instructions in contending for 
 26 . ^ 
 
402 APPENDIX, 
 
 what they had carefully considered and prepared, and in insisting upon the 
 provisions of the bill as they were, until something better was offered. Since 
 the last reference of the bill, friends of the measure, not upon the committee, 
 have submitted amendments which the committee have become satisfied were 
 improvements on the original plan. These have in every instance been incor- 
 porated into the bill as now reported. None of them were matured and offered 
 while the bill was under discussion in the House. If they had been, they 
 would have been promptly accepted then. I was instructed to sustain and 
 defend the bill in the spirit of the teaching of the Roman poet, which forms a 
 maxim in his art : 
 
 " Si quidi novisti rectius istifl, 
 Gandidus imperti ; si non, liis utere mecum." 
 
 And whenever the better have been imparted they have been gladly accepted. 
 
ARRANGEMENTS AND RATES 
 
 or THE 
 
 U. S. POST OFFICE DEPARTMENT 
 
 FOR THE TEANSMISSION OF MONEYS AND MAILS. 
 
 The brief information which is given below will be serviceable to Registers 
 and Assignees in Bankruptcy, who will frequently have occasion to transmit 
 or receive various amounts in winding up Bankrupt's estates. 
 
 Absolute safety in forwarding money by mail is secured by obtaining a 
 Money Order on any Money Order Office. The tariff of rates is as follows : 
 Order for payment of a sum not less than $1, nor over $10. ..10 cents. 
 For the payment of a sum not less than $10, and not exceed- 
 ing $20 15 cents. 
 
 For the payment of a sum not less than $20, and not exceed- 
 ing $30 20 cents. 
 
 There are now nearly, if not quite, five hundred Money Order Offices in the 
 United States, a correct list of which laay be obtained by sending a request for 
 the same to C. F. McDonald, Esq., Superintendent of the Money Order Office, 
 at the General Post Office, Washington, D. C. 
 
 REGISTRATION OF LETTERS. 
 
 Letters enclosing money or other valuable contents may be registered for any 
 part of the United States, Canadas, Great Britain, Ireland, Germany, and the 
 German Austrian Union, by paying full postage and a registration fee, as 
 follows : 
 
 For anywhere in the United States „....20 cents. 
 
 To Great Britain 20 cents. 
 
 To Ireland 20 cents. 
 
 To Canadas - ; 5 cents. 
 
 To Germany 5 cents. 
 
 To the German Austrian Postal Union Scents. 
 
 DOMESTIC POSTAGE. 
 
 The postage on all letters forwarded by mail anywhere within the United 
 States miist be prepaid by stamps or stamped envelopes, excepting those ad- 
 dressed to or from any of the Departments of the National Government upon 
 official business connected therewith, (save the Judiciary,) and those addressed 
 to or sent by members of the Senate and House of Representatives. 
 
 Prepayment by money is prohibited. 
 
404 MANUAL OF THE U. S. BANKRUPT ACT, 1867. 
 
 BATES OF LETTER POSTAGE BETWEEN OFFICES IN THE UNITED 
 STATES, AND TO AND FROM CANADA AND OTHER BRITISH 
 NORTH AMERICAN PROVINCES. 
 
 To and from British North American Provinces for distance not 
 
 over 3,000 miles 10 cents. 
 
 For any distance over 3,000 miles 15 cents. 
 
 For every additional half ounce, or fraction of a half ounce, an additional 
 rate is charged. 
 
 Prepayment is optional on all letters for the British North American Prov- 
 inces except Newfoundland, to which ^prepayment is compulsory. 
 
 All drop letters must be prepaid by stamps, at the rate of two cents per half 
 ounce or fraction thereof. 
 
 The single rate of postage on all domestic mail letters directed anywhere in 
 the United States is three cents per half ounce, with an additional rate of three 
 cents for each additional half ounce or fraction of a half ounce. 
 
 The former postage of ten cents upon all letters sent to the Pacific is abolished. 
 Postage on books not exceeding 4 ounces in weight, to one address.... 4 cents. 
 Postage on books weighing over 4 ounces and not exceeding 8 ounces.. 8 " 
 Postage on books weighing over 8 ounces and not exceeding 12 ounces.. 12 " 
 Postage on books weighing over 12 ounces and not exceeding 16 ounces.. 16 " 
 
 Circulars not exceeding 3 in number, to one address 2 " 
 
 Circulars exceeding 3 in number and not over 6 4 " 
 
 Circulars exceeding 6 in number and not over 9 6 " 
 
 Circulars exceeding 9 in number and not over 12 8 " 
 
 Letter postage is to be charged on all handbills, circulars, or other printed 
 matter which shall contain any manuscript writing whatever. 
 
 FOREIGN POSTAGE. 
 
 England, Ireland, Scotland, and Wales, J oz „... 24c. 
 
 France, J oz .' 15o. 
 
 Spain, i oz , 21c. 
 
 Spain, Joz., by Bremen or Hamburg Mail 30c. 
 
 Spain, Cuba, J oz., under 2,500 miles ]0c. 
 
 Spain, Cuba, J oz., over 2,500 miles 20c. 
 
 Germany, J oz., per Closed Mail 30c. 
 
 Germany, J oz., per French Mail 21c. 
 
 Germany, J oz., per Bremen Mail l5o. 
 
 China, J oz., per British Mail via Southampton 45c. 
 
 China, J oz.,,per British Mail via Marseilles 53o. 
 
 China, J oz., by Bremen or Hamburg ]\Iail via Trieste 55c. 
 
 , China, i oz., by Bremen or Hamburg Mail via Marseilles and Suez 40c. 
 
 China, J oz., by French' Mail 30c. 
 
 Italy, i oz., by Prussian Closed Mail, (prepaid 40c.) 42o. 
 
 Italy, J oz., by Bremen or Hamburg Mail 28o. 
 
 Italy, i oz., by French Mail 21c. 
 
 Canada and British Provinces, under 3,000 10c. 
 
 " over 3,000 miles IDo. 
 
U. S. INTERNAL REVENUE. 
 
 STAMP DUTIES. 
 
 BtlTT. 
 
 AGREEMENT, Or Contract, other than domestic and inland bills of lading, and 
 those specifled in this schedule ; any appraisement of value or damage, or 
 for any other purpose ; for every sheet or piece of paper upon which either 
 
 of the same shall be written, five cents $ 05 
 
 Provided, That if more; than one appraisement, agreement, or contract shall 
 shall be written upon one sheet or piece of paper, Ave cents for each ami 
 every additional appraisement, agreement, or contract. 
 
 Bank Check, draft, or order for the payment of any sum of money whatso- 
 ever, drawn upon any bank, banlcer, or trust company, or for any sum 
 exceeding ten dollars, drawn upon any other person or persons, compa- 
 nies, or corporations, at sight or on demand, two cents 2 
 
 BiLii OF Exchange, (inland,) draft, rr order for the payment of any sum of 
 money not exceeding one hundred dollars, otherwise than at s'ght or on 
 demand, or any promissory note, (except bank notes issued for circula- 
 tion, and checks made and intendci'l to be forthwith presented, and which 
 shall be presented to a bank or hanker for payment,) or any memoran- 
 dum, chetsk, or receipt, or other wrtiten or printed evidence of an amount 
 of money to be paid on demand, or at a time designated, for a sum not 
 
 exceeding one hundred dollars, five cents 5 
 
 And for every additional hui.drod dollars, or fractional part thei-eof in 
 excess of one hundred dollars, five cents 5 
 
 BII.L OF Exchange, (foreign,) or letter of credit, drawn in but payable out of 
 the United Slates, if drawn si'igly, or otherwise than in a set of three or 
 more, according to the custom of merchants and bankers, shall pay the 
 same rates of duty as inland bills of exchange or promissoi'y note >, 
 
 If drawn in sets of three or more : For every bill of each sot, where the sum 
 made payable shall not exceed one hundred dollars, or the equivalent 
 thereof, in any foreign currency in which such bills may be e.'ipressed, 
 according to the standard of value fixed by the United States, two cents... 2 
 
 And for every additional hundred dollars, or fractional part thereof, in 
 excess of one hundred dollars, two cents 2 
 
 Bill of Sale, by which any ship or vessel, or any part thereof, shall be con- 
 veyed or vested in any other person or persons, when the consideration 
 shall not exceed five hundred dollars, fifty cents 50 
 
 Exceeding five hundred dollars, and not exceeding one thousand dollars, 
 onedollar 1 00 
 
 Exceeding one thousand dollars, for everjr additional amount of five hun- 
 dred dollars, or fractional part thereof, fifty cents 50 
 
 Bond for indemnifying any person for the payment of any sum of money, 
 where the money ultimately recoverable thereupon is one thousand dol- 
 lars or less, fifty cents 50 
 
 Where the money ultimately recoverable thereupon exceeds one thousand 
 dollars, for every additional one thousand dollars, or fractional part 
 thereof. In excess of one thousand dollars, fifty cents 50 
 
 Bond for the due execution or performance of the duties of any office, one 
 dollar 1 00 
 
 Bond of any description, other than such as may be required in legal proceed- 
 ings, or used in connection with mortgage deeds, and not otherwise 
 charged in this schedule, twenty-five cents 25 
 
 Ceetificate of stock in any incorporated company, twenty-five cents 25 
 
 Certificate of profits, or any oertifloate or memorandum showing an in- 
 terest in the property or accumulations of any incorporated company, if 
 for a sum not less than ten dollars and not exceeding fifty dollars, ten 
 
 cents 10 
 
 Exceeding fifty doDars and not exceeding one thousand dollars, twenty-five 
 
 cents 25 
 
 Exceeding one thousand dollars, for every additional one thousand dollars, 
 or fractional part thereof, twenty-flve cents 25 
 
 Cekteficatf,.— Any certificate of damage, or otherwise, and all other certifi- 
 cates or documents issued by any port warden, marine surveyor, or other 
 
 person acting as such, twenty-flve cents 25 
 
 405 
 
406 APPENDIX. 
 
 DUTY. 
 
 Certificate of deposit of any sum of money In any bank or trust company, 
 or with any banlter, or person acting as such— 
 
 If for a sum not exceeding one hundred dollars, two cents 2 
 
 For a sum exceeding one Jaundred dollars, five cents 5 
 
 Certificate of any other description than those specified, five cents 5 
 
 Charter-party.— Contract or agreement for the charter of any ship, or ves- 
 sel, or steamer, or any letter, memorandain, or other writing between 
 the captain, master, or owner, or person acting as agent, of any ship, or 
 vessel, or steamer, and nny other person or persons, for or relating to the 
 charter of such ship, or vessel, or steamer, or any renewal or transfer 
 thereof, if the registered tonnage of such ship, or vessel, or steamer, does 
 not exceed one hundred and fifty tons, one dollar 1 00 
 
 Exceeding one hundred and flfty tons and not exceeding three hundred 
 tos, three dollars 3 00 
 
 Exceeding three hundred tons and not exceeding six hundred tons, five 
 dollars 5 00 
 
 Exceeding six hundred tons, ten dollars 10 00 
 
 Contract.— Broker's note, or memorandum of sale of any goods or merchan- 
 dise, real estate, or property of any kind or description. Issued by brokers 
 or persons acting as su'jh, for each note or memorandum of sale, ten cents, 10 
 Bill or memorandum of the sale or contract for the sale of stocks, bonds, 
 gold or silver bullion, coin, promissory notes, or other securities, snail pay 
 a stamp tax at the rate provided in section ninety-nine. 
 
 Conveyance.— Deed, instrument, or writing, whereby any lands, tenements, 
 or other realty sold shall be granted, assigned, transferred, or otherwise 
 conveyed to, or vested in, the purchaser or purchasers, or any other per- 
 son or persous, by his. her, or their direction, when the consideration or 
 value does not exceed five hundred dollars, fifty cents 50 
 
 Wiien the consideration exceeds five hundred dollars and does not exceed 
 one thousand dollars, one dollar 1 00 
 
 And for every additional five hundred dollars, or fractional part thereof, in 
 excess of one thousand dollars, fifty cents 50 
 
 Entry of anv goods, wares, or merchandise at any custom-house, either for 
 consumption or warehousing, not exceeding one hundred dollars in 
 value, twenty-five cents ^ 
 
 Exceedmg one hundred dollars and not exceeding five hundred dollars in 
 value, fifty cents 50 
 
 Exceeding five hundred dollars in value, one dollar , 1 00 
 
 Entry for the withdrawal of any goods or merchandisp from bonded ware- 
 house, flfty cents 60 
 
 Insurance, (life.)— Foiicy of insurance, or other Instrument, by whatever 
 name the same shall be called, whereby any Insurance shall be made 
 upon any life or lives— 
 
 When the amount insured shall not exceed one thousand dollars, twenty- 
 five cents 25 
 
 Exceeding one thousand dollars and not exceeding five thousand dollars, 
 fifty cents 50 
 
 Exceeding five thousand dollars, one dollar 1 00 
 
 Insurance, (marine, inland, and ftre.)—Each policy of in.suranoe, or other in- 
 strumen! , by whatever name the same shall be called, by which insurance 
 shall be made or renewed upon property of any description, whether 
 against perils bj' the sea or by flre, or other peril of any kind, made by any 
 insurance company, or its agents, or by any other company or person, the 
 
 premium upon which does not exceed ten dollars, ten cents lo 
 
 Exceeding ten and not exceeding flfty dollars, twenty-five cents 20 
 
 Exceeding fifty dollars, fifty cents 55 
 
 Lease, agreement, memorandum, or contract for the hire, use, or rent of any 
 land, tenement, or portion thereof, where the rent or rental value is three 
 
 hundred dollars per annum, or less, flfty cents 50 
 
 Where the rent or rental value exceeds the sum of three hundred dollars 
 per annum, for each additional two hundred dollars, or fractional part 
 thereof, in excess of three hundred dollars, fifty cents 50 
 
 Manifest for custom-house entry or clearance of the cargo of any ship, ves- 
 sel, or steamer for a foreign port — 
 
 If the registered tonnage of such, ship, vessel, or steamer does not exceed 
 three hundred tons, ouq dollar i qq 
 
 Exceeding tliree hundred tons and not exceeding six hundred tons, three 
 dollars ; 3 00 
 
 Exceeding six liundred tons, live dollars 5 00 
 
 Mortgage of lands, estate, or property, real or personal, heritable or mova- 
 ble, whatsoever, wliere tlio same shall be made as a security for the pay- 
 ment of any definite or cerlain sum of mone.v lent at the time or pre- 
 viously due and owing, or lorborne to be paid, being payable; a'iso any 
 conveyance of any lauds, estate, or property whatsoever, In trust, to be 
 
STAMP DUTIES. 407 
 
 DHIY. 
 
 sold, or otherwise converted Into money, whieh shall be intended only as 
 security, and shall be redeemable before the sale and disposal thereof, 
 eitlier by express stipulation or otherwise; or any personal bond, given 
 as security for the payment of any dellnite or certain sum of money 
 exceeding one hundred dollars and not exceeding five hundred dollars, 
 fifty cents 50 
 
 Exceeding five hundred dollars and not enceeding one thousand dollars, 
 one dollar 1 00 
 
 And for every additional five hundred dollars, or fractional part thereof, in 
 excess of one thousand dollars, fifty cents 50 
 
 Upon every assignment or transfer of a mortgage, the same stamp tax upon 
 the amount remaining unpaid thereon as is herein imposed upon a mort- 
 gage for the same amount : Provided, That upon each and every assign- 
 ment or transfer of a policy of insurance, or tne renewal or continuance 
 of any agreement, contract or charter, by letter or otherwise, a stamp 
 duty shall be required and paid equal to that imposed on the original in- 
 strument : and Provided further, That upon each and every assignment of 
 . any lease, a stamp duty shall be required and paid equal to that imposed 
 on the original Instrument, Increased by a stamp duty on the considera- 
 tion or value of the assignment equal to that imposed upon the convey- 
 ance of land for similar consideration or value. 
 
 POWEK OF Attorney for the sale or transfer of any stock, bonds, or scrip, or 
 
 ifor the colleotion of any dividends or interest thereon, twenty-five cents, 25 
 
 Power op Attorney or Proxy for voting at any election for officers of any 
 Incorporated company or society, except religious, charitable, or literary 
 societies, or public cemeteries, ten cents 10 
 
 Power of Attorney to receive and collect rent, twenty-five cents 25 
 
 PoWF,E OF Attorney to sell and convey real estate, or to rent or lease the 
 same, one dollar 1 00 
 
 Power of Attorney for any other purpose, fifty cents 50 
 
 Probate of Will, or letters of administration, where the estate and effects 
 for and In respect of which such probate or letters of administratiflii ap- 
 plied for shall be sworn or declared not to exceed the value of two thou- 
 sand dollars, one dollar : 1 00 
 
 Exceeding two thousand dollars, for every additional thousand dollars, or 
 fractional part thereof, in excess of two thousand dollars, fifty cents 50 
 
 Provided, That no stamp, either for probate of wills, or letters testamentary, 
 or of administration, or on administrator or guardian bond, shall be re- 
 quired when the value of the estate and eflects, real and personal, does 
 not exceed one thousand dollars : Prmrided ftirther. That no stamp' tax 
 shall be required upon any papers necessary to be used for the collection 
 from the Government of the United States of claims by soldiers, or their 
 legal representatives, for pensions, bacfi: pay, bounty, or for property lost 
 In the service. 
 
 Protest.— Upon the protest of every note, bill of exchange, acceptance, 
 check, or draft, or any marine protest, whether protested by a notary 
 public or by any other ofllcer who may be authorized bythe law of any 
 State or States to make such protest, twenty-five cents 25 
 
 Beceiits for any sum of money, or for the payment of any debt exceedihg 
 twenty dollars in amount, not being for the satisfaction of any mortgage, 
 or judgment, or decree of anycourt, or by indorsement on any stamped 
 obligation In acknowledgment of its fulfillment, for each receipt, two 
 
 cents ••••'• 2 
 
 Provided, That when more than one signaiure is affixed to the same paper, 
 one or more stamps may- be affixed, thereto, representing the whole 
 amount of the stamp required for such signatures; and that the term 
 money, as herein used, shall be held to include drafts and other instru- 
 ments given for the payment of money ; Provided, That the stamp duties 
 Imposed by the foregoing schedule (B) on manifests, bills of lading, and 
 passage tickets, shall not apply to steamboats or vessels plying between 
 ports of the United States and ports of British North America : and P)-o- 
 mcZed/itrtfter, That all affidavits shall be exempt from stamp duty. ■ 
 
 Decision as io Ini. liev. Statnps in JBankrvJpioy Proceedings, etc. 
 
 Treasury Department, Office of Internal Revenue, 
 Washington, May 30, 1867; 
 Sir: I reply to your letter of March 26, that certified copies of papers and pro- 
 ceedings under the Bankrupt Law require a five cent stamp. 
 
 Very respectfully, B. A, EOLLINS, Commissioner. 
 
 GeorGtE F. Betts, Esq., Gerh of District Coifrt, New York. 
 
408 
 
 APPE2<fDIX. 
 
 TABLE OF FOREIGN GOLD AND SILVER MONEY COM- 
 PARED WITH UNITED STATES CURRENCY. 
 
 Prepared hy the Director of the United States Mint, in accordance with a recent 
 
 Act of Congress. 
 
 GOLD. 
 
 Country. 
 
 Denominations. 
 
 ■as 
 
 P o 
 
 to T3 
 
 CO g 
 
 Value. 
 
 Australia. . . 
 Austria. . . . 
 
 Belgium 
 
 Bolivia 
 
 Brazil 
 
 0. America. 
 Ciiili 
 
 Denmark.. . 
 
 Ecuador 
 
 England ... 
 
 Prance 
 
 Germany, N. 
 
 Germany, S . 
 
 Greece 
 
 Hindostan. . 
 
 Ita.ly 
 
 Japan 
 
 Mexico 
 
 Naples 
 
 Netherlands 
 N. Granada. 
 
 Peru 
 
 Portugal. . 
 
 Prussia 
 
 Eome 
 
 Bussia . . . . 
 Spain 
 
 Sweden. . . 
 
 Tunis 
 
 Turkey 
 
 Tuscany. .. 
 
 Pound of 1852 
 
 Sovereign, 1855-60 
 
 Ducat 
 
 Souverain 
 
 New Union Crown, [assumed.] . 
 
 25 Pranss 
 
 Doubloon 
 
 20 Milreis 
 
 Two Bsoudos 
 
 Old Doubloon 
 
 Ten Pesos 
 
 Ten Thaler 
 
 Four Bscudos 
 
 Pound or Sovereign, new 
 
 Pound or Sovereign, average.. . 
 
 20 Pranos, new 
 
 20 Francs, average 
 
 Ten Thaler 
 
 Ten Thaler, Prussia 
 
 Krone, [Crown.] 
 
 Ducat 
 
 20 Drachms 
 
 Mohur 
 
 20 Line 
 
 Old Cobang 
 
 New Cobang 
 
 Doubloon, average 
 
 Doubloon, new 
 
 Six Ducati, new 
 
 Ten Guilders 
 
 Old Doubloon, Bogota 
 
 Old Doubloon, Popayan 
 
 Ten Pesos, new , 
 
 Old Doubloon 
 
 Gold Crown 
 
 New Uuion Crown, [assumed.]. . 
 
 2 J Scudi, new 
 
 Five Roubles 
 
 100 Reals 
 
 80 Reals , 
 
 Ducat 
 
 25 Piastres , 
 
 100 Piastres , 
 
 Sequin 
 
 0.281 
 
 0.256 
 
 0.112 
 
 0.363 
 
 0.357 
 
 0.254 
 
 0.867 
 
 0.575 
 
 0.209 
 
 0.867 
 
 0.492 
 
 0.427 
 
 0.433 
 
 0.256 
 
 0.256 
 
 0.207 
 
 0.207 
 
 0.427 
 
 0.427 
 
 0.357 
 
 0.112 
 
 0.185 
 
 0.374 
 
 0.207 
 
 0.362 
 
 0.289 
 
 0.867 
 
 0.867 
 
 0.245 
 
 215 
 
 0.868 
 
 0.867 
 
 0.525 
 
 0.867 
 
 0.308 
 
 0,357 
 
 0.140 
 
 0.210 
 
 0.268 
 
 0.215 
 
 0.111 
 
 0.161 
 
 0.231 
 
 0.112 
 
 916 
 916 
 986 
 900 
 900 
 899 
 870 
 917 
 853 
 -870 
 900 
 895 
 844 
 916 
 906 
 899 
 899 
 895 
 903 
 900 
 986 
 900 
 916 
 898 
 568 
 572 
 866 
 870 
 996 
 899 
 870 
 858 
 891 
 868 
 912 
 900 
 900 
 916 
 896 
 869 
 975 
 900 
 915 
 
 $5.32.37 
 4.85.58 
 2.28.28 
 6.75.35 
 6.64.19 
 4.72.03 
 15.59.25 
 10.90.57 
 3.68.75 
 15.59.26 
 9.15.35 
 7.90.01 
 7.55.46 
 4.86.34 
 4.84.92 
 3.85.83 
 3.84.69 
 7.90.01 
 7.97.07 
 6.64.20 
 2.28.28 
 3.44.19 
 7.08.18 
 3.84.26 
 4.44.0 
 3.57.6 
 15.52.98 
 15.61.05 
 5.04.43 
 3.99.06 
 15.61.06 
 15.37.75 
 9.67.51 
 15.55.67 
 5.80.66 
 6.64.19 
 2.60.47 
 3.97.64 
 4.96.39 
 3<86.44 
 2.23.72 
 2.99.54 
 4.36.9.^ 
 2.31.29 
 
TABLE OF GOLD AND SILVER MONET. 409 
 
 ■TABLE OF COMPARATIVE VALUES.— Continued. 
 
 
 SILVER. 
 
 
 
 Country. 
 
 Denominations. 
 
 
 .S g 
 
 Value. 
 
 Austria 
 
 Old Rix Dollar 
 
 0.902 
 
 0.836 
 
 0.451 
 
 0.397 
 
 0.596 
 
 0.895 
 
 0.803 
 
 0.648 
 
 0.432 
 
 0.820 
 
 0.150 
 
 0.866 
 
 0.864 
 
 0.801 
 
 0.927 
 
 0.182 
 
 0.178 
 
 0.800 
 
 0.712 
 
 0.595 
 
 0.340 
 
 0.340 
 
 0.719 
 
 0.374 
 
 0.279 
 
 0.279 
 
 0.867 
 
 0.866 
 
 0.804 
 
 0.804 
 
 0.927 
 
 0.803 
 
 0.866 
 
 0.766 
 
 0.433 
 
 0.712 
 
 0.595 
 
 0.864 
 
 0.667 
 
 0.800 
 
 0.166 
 
 1.092 
 
 0.323 
 
 0.511 
 
 0.770 
 
 0.220 
 
 833 
 
 902 
 
 833 
 
 900 
 
 900 
 
 838 
 
 897 
 
 903 
 
 667 
 
 918 
 
 925 
 
 850 
 
 908 
 
 900 
 
 877 
 
 924 
 
 925 
 
 900 
 
 750 
 
 900 
 
 900 
 
 900 
 
 900 
 
 916 
 
 991 
 
 890 
 
 803 
 
 901 
 
 830 
 
 944 
 
 857 
 
 896 
 
 901 
 
 909 
 
 650 
 
 750 
 
 800 
 
 900 
 
 875 
 
 900 
 
 899 
 
 750 
 
 899 
 
 898 
 
 830 
 
 925 
 
 $1.02.27 
 1 02 64 
 
 
 Old Scudo 
 
 
 Florin, before 1858 
 
 51 14 
 
 
 New Florin 
 
 48 63 
 
 
 New Union Dollar 
 
 73 01 
 
 
 Maria Theresa Dollar, 1780 
 
 1 02 12 
 
 Belgium 
 
 Five Francs 
 
 98.04 
 
 Bolivia 
 
 New Dollar 
 
 79 07 
 
 
 Half Dollar 
 
 39 22 
 
 Brazil 
 
 Doubloon Milreis 
 
 1.02.53 
 
 Canada 
 
 Twenty cents 
 
 18 87 
 
 C. America. . 
 
 Dollar 
 
 1 00 19 
 
 Chili 
 
 Old Dollar 
 
 1.06 79 
 
 
 New Dollar 
 
 98 17 
 
 Denmark.. . . 
 
 Two Rigsdaler 
 
 1.10.65 
 
 England .... 
 
 Shilling, new 
 
 22 96 
 
 
 Shilling, average 
 
 22 41 
 
 France 
 
 Five Franc 
 
 98.00 
 
 Germany, N. 
 
 Thaler, before 1857 
 
 72 67 
 
 New Thaler 
 
 72.89 
 
 Germany, S. . 
 
 Florin, before 1857 
 
 41.65 
 
 New Florin, [assumed.] 
 
 41 65 
 
 Greece 
 
 
 88.08 
 
 
 
 46 62 
 
 Japan 
 
 Itzebu 
 
 37 63 
 
 
 33.80 
 
 Mexico 
 
 Dollar, new 
 
 1.06 62 
 
 
 
 1.06.20 
 
 Naples 
 
 Netherlands . 
 
 
 95.34 
 
 2 J Guilders 
 
 1.03 31 
 
 Norway 
 
 N. Grenada.. 
 
 
 1.10.65 
 
 Dollar of 1857 
 
 97.92 
 
 Peru 
 
 Old Dollar 
 
 1.06.20 
 
 
 Dollar of 1858 
 
 94.77 
 
 
 Half Dollar of 1835-38 
 
 38 31 
 
 Prussia 
 
 Thaler, before 1857 
 
 72.68 
 
 
 New Thaler 
 
 72.89 
 
 
 
 1.05.84 
 
 Russia 
 
 Rouble 
 
 79.44 
 
 
 
 98_00 
 2(f31 
 
 Spain 
 
 Sweden 
 
 N. Pistareen 
 
 Rix Dollar 
 
 1.11.48 
 
 
 
 39.52 
 
 Tunis 
 
 Five Piastres 
 
 62 49 
 
 Turkey 
 
 Tuscany 
 
 Tweritv Piastres 
 
 86 98 
 
 Florin, 
 
 27.60 
 
 
 
 [Note. — The Editor of the Manual, iu his endeavors to afford a complete Hand-book, has inserted the 
 fthove table. It will undoubtedly be found very useful in calculating in American currency such 
 foreign specie as may como into the hands of Assigoees and Marshals, or other OfiQcers, in Ptoceed- 
 ings under the Bankrupt Act, 1867.] . , 
 
INDEX. 
 
 [N. B. — In the following arrangement, apian has been adopted, the utility of 
 which is obvious at a glance. By it, the page of the Manual, the sections, and 
 subdivisions thereof, of the Act, and such General Orders and Forms thereunder, 
 as have been deemed necessary by the Justices of the Supreme Court of the 
 United States, are readily indicated.] 
 
 Seo. Or. 0. Page, 
 
 A. 
 
 ABATEMENT— , 
 
 Not caused by death of Bankrupt after iasue of warrant 12 
 
 Suits not to abate by death of Assignee; or by hisremoTal...'. 14 
 
 Seo " Index" to, and " SuUs of Equity PracticeJ' &c., in appendix 
 
 ABSENT— 
 
 Dehtdr — note and decisions as to 
 
 Witness remaining; after summons liable for contempt 7 
 
 Creditor — proof of claim of— how verified; how talten abroad 22 
 
 "Where Debtor's wife remains— from examination ; effect of on his final 
 
 discharge 26 
 
 When Debtor is — with fraudulent intent — an act of bankruptcy 39 
 
 Arrest of Debtor when contemplating to be 40 
 
 Debtor when — how served in involuntary proceedings 40 
 
 ACCOMMODATION— 
 
 Paper: when liability of Bankrupt accrues on— after adjudication- 
 proof of same 19 
 
 Schedule of 
 
 ACCOUNTING— 
 
 Pinal—by Assignee , 28 
 
 See "Assignee." 
 
 ACCOUNTS— 
 
 Debtor to include all his — ^in schedules attached to his petition 11 
 
 Assignee to keep — of all moneys received by him, &c 15 
 
 In bank to bo separate from others 17 
 
 Of vacating Assignee to be turned over to successor or remaining As- 
 signee 18 
 
 Settlement of mutual — between Bankrupt and parties 20 
 
 Claims proved to be compared with— of Bankrupt 22 
 
 Assignee to render verified — at general meeting of Creditors 27 
 
 When Assignee to submit final — &c 28 
 
 See "AssigneesJ' 
 
 ACT— 
 
 When to take effect 50 
 
 Of 1800 
 
 Of 1841 , 
 
 ACTS OF BANKRUPTCY— ' 
 
 Notes, decisions, and citations as to 
 
 Debtor filing petition is an , 11 
 
 What constitute under the Act — and notes 
 
 .ACTION— 
 
 Bights of— of Bankrupt vest in Assignee 14 
 
 By and against Assignee 14 
 
 To recover property perishable or in dispute may be commenced before 
 
 order of sale 25 
 
 Bight of— of Bankrupt also vests in Trustees under 43d section 43 
 
 Soo '■'AssigTiees." 
 
 ADDENDA— 
 
 Notes, decisions, and references to leading cases upon and under the va- 
 rious general heads of tho Act on pp. 33, 35, 42, 44, 58, 60, 61, 63, 67. 
 
 72, 75,76, 77, 82, 84, 85, 86, 88, and 89, Manual 
 
 ^^JOURNMENT.— 
 
 Of meeting of Creditors on failure to give proper notice by messenger.. 12 
 
 Of proceedings on failure to prove service of order to show cause 40 
 
 Of pro&eudings from time to time on cau^jo shown 41 
 
 411 
 
 67 
 
 26 
 103 
 
 118 
 162 
 163 
 Hi 
 
 176 
 
 34 
 162 
 
 113 
 163 
 
 37 
 165 
 156 
 
 44 
 43 
 
 23 
 39 
 63 
 
 62 
 77 
 79 
 80 
 
 63 
 
 12T 
 
 65 
 
 42 
 49 
 60 
 
 52 
 65 
 68 
 03 
 65 
 
 90 
 377 
 385 
 
 23 
 43 
 
 77 
 
 ,47 
 47 
 
 61 
 
 33 
 
 IS 
 
 44 
 
412 
 
 INDEX. 
 
 ABJOURNMENT- 
 
 Party obtaining— when there is time to complete proceedinga, charge- 
 able with costs 
 
 ADJUDICATION— 
 
 On petition of Debtor 
 
 Form of— where made on Debtor's petition 
 
 Incase of partnerships -■ 
 
 In case of corporations • 
 
 Upon Creditor's petition 
 
 Form of—on Creditor's petition 
 
 Where Debtor found not bankrupt 
 
 Form of— in latter case 
 
 Certified copy of — to be served when Debtor fails to appear in involun- 
 tary proceedings 
 
 See "District Judges United States," and ''Registers" 
 ADMINISTRATOR^ 
 
 See ^'Assignees." 
 ADMISSIONS- 
 SCO ''Acts of BanJcrupfcy." 
 ADVERTISEMKNTS— 
 
 See '^Ifotices." 
 AFFIDAVITS— 
 
 See ''BanlTuptcy Court Forms," " Depositions," and "Proof of Debts" 
 AGENTS— 
 
 When Bankrupt bound by act of, 
 
 Proof of claim by 
 
 See '■'■Attorneys^'' and ''•Ftoof of D^ts." 
 AGREEMENTS— 
 
 See "Assignees." "Proof of Debts." 
 ALABAMA— 
 
 The Judge of Circuit Court United States — for — and time and place of 
 holding court in 
 
 Judge of District Court United States — for — residence in — places of 
 holding court in — extent of United States districts of 
 
 Registers in Bankruptcy for — residence of— extent of congressional 
 districts in 
 
 "Pnited States Marshals for — their districts and places of residence in.. 
 
 Clerks of Circuit ami District Courts in 
 
 Exemption, lien, and callection laws of. 
 
 Limitation and Interest Laws of, 
 
 ALIENS— 
 
 Who reside within the United States may have the benefits of Act 
 
 See "Oymrtienceirvvntof Proceedings." 
 
 allowance- 
 To Assignee for his services 
 
 Extra may be given by court at discretion. 
 
 See "Assignees?* and " BanJei'upt." 
 AMENDMENTS— 
 
 ^ay be made in Debtor's schedules 
 
 Of petitions, Ac. — general orders as to — Rule 14 
 
 As to omissions, &c. — general orders — Rule 33 
 
 See " ScJiedules," " Petitions" and " Bankruptcy Proceedings. " 
 APPEARANCE— 
 
 Of witnesses when required, &c 
 
 Of creditor by attorney 
 
 General order as to — Rule 3 
 
 See "Agents," "Assignee," "Aiiomei/s," and " Bankrupt." 
 APPF-'.LS— 
 
 Notes of decisions, and citations as to 
 
 From District to Ch'cuit Courts 
 
 By Assignee dissatisfied with allowance of a claim 
 
 In what cases allowed 
 
 Notice thereof to clerk 
 
 Within what time to be taken 
 
 When to be entered 
 
 Waiver of 
 
 Bond on 
 
 From the Circnit Courts to the Supreme Court of the United States 
 
 Practice on — to be regulated by the Justices of the Supreme Court 
 of the United States 
 
 General order as to — Rule 26 
 
 See Index to Rules of Practice for the Courts of Equity of the United 
 States 
 
 And Rules thereof 
 
 See note as to Rules of Circuit Courts of the United States regulating 
 procedure in cases at law. 
 
 G.C. 
 
 11 
 
 36 
 37 
 
 146 
 147 
 152 
 
 41 
 42 
 
 19 
 
 22 
 
 47 
 
 it 
 
 'Q 
 
 26 
 109 
 
 8 
 8 
 8 
 8 
 9 
 
 10 
 
 29 
 29 
 29 
 29 
 29 
 29 
 29 
 29 
 80 
 
 106 
 
 42 
 183 
 75 
 75 
 79 
 184 
 80 
 184 
 
 63 
 
 58 
 
 222 
 
 224 
 
 232 
 246 
 253 
 2S6 
 286 
 
 14 
 42 
 
 6i^ 
 
 43 
 109 
 119 
 
 59 
 104 
 
 14 
 40 
 40 
 40 
 40 
 40 
 40 
 41 
 41 
 41 
 
 41 
 
 115 
 
 261 
 285 
 
INDEX. 
 
 413 
 
 Sm. 
 
 a. c. 
 
 Page. 
 
 APPLICATION— 
 
 Of Creditors contesting validity of discharge— what to specify 
 
 Amendable at discretion of court 
 
 Notice of — to bo given to Bankrupt. 
 
 See '^Bankrupt" and "Amendments." 
 ARBITEATION— 
 
 Assignee may submit matter in controversy to 
 
 General order as to, Kule 20 
 
 ARBITEAIORS— 
 
 Miiy be chosen to compound and settle matters in dispute by agree- 
 ment 
 
 See "Afbitratiott,^' '^Assignee," "General Orders," &c. 
 ARIZONA (Teemtorv.)— 
 
 Chief Justice Supreme Court of— his residence in 
 
 Itegister in Baalcruptcy of— his residence in 
 
 TJuited States Marslial of— his residence in 
 
 Exemption laws of. 
 
 Limitation laws of. 
 
 Interest laws of...... ; 
 
 ARKANSAS— 
 
 The Judge of Circuit Court United States — times and places of holding 
 court in 
 
 Judge of District Courts United States for — residence of— places of 
 holdiug court in— extent of United States districts of. 
 
 Registers in Bankruptcy for — residences of— extent of congressional 
 districts in 
 
 United States Marshal for — his district and residence 
 
 Clerk of Circuit and District Courts in — his place of residence 
 
 Exemption laws of. 
 
 Lien, colluctiou, and limitation laws of. 
 
 Interest laws of. 
 
 ARRANGEMENT— 
 
 See " I^oceMings under iZd Section" " Trustess" " Forms," and 
 "Deed." 
 ARREST- 
 
 When Bankrupt not liable to 
 
 See "Banlcrupt" " Witness," "Protection." 
 ASSESSMENTS— 
 
 Of taxes under United States laws second in order of preference on 
 payment of dividend 
 
 Of taxes under State laws third in order of preference 
 
 ASSETS— 
 
 Of partnerships — how applied 
 
 Of corporations — how distributed 
 
 See " Bankrupt," "Assignee." 
 ASSIGNEES GENERALLY- 
 
 Leading decisions as to 
 
 What — and to what extent property of Bankrupt becomes vested in,... 
 
 Bights of — liabilities of — actions by and against — action for debt — for 
 trespass — of trover — parties to suit 
 
 Evidence — who may be witnesses 
 
 See " Distribution of Bankrupt's Estate." 
 ASSIGN EE- 
 
 Limitation of suits by, or against 
 
 When dissatisfiod with allowance of claim, may appeal 
 
 To be chnsen at first meeting of Creditors 
 
 Who may appoint on failure of Creditors to choose 
 
 Failing to accept in 5 days another to be appointed 
 
 Appointment of— to be approved by Judge 
 
 Additional — may be appointed 
 
 When to give bond 
 
 Bond of— to be approved by Judge or Register, and filed 
 
 To be removed on failuro to give bond 
 
 To report t,) court all nioneys receivi-d by him on 1st Tuesday of every 
 montli — C'enc'ial orderK, llnlo 23 
 
 Form of notification to — of his aiipointment 
 
 Form ot Ixtnit of 
 
 Property of bankrupt to be conveyed to 
 
 Form of a.sBif;iiiueut by Judge or Rcgi-ster to 
 
 Exempt property not to pass U.t 
 
 Determination nf— as to exceplioT)s, subject to final decision of Court... 
 
 Vested with all jn-operty and inturt-sts of Bankrupt 
 
 May sno for estate, Ac, and defend snits ])ending at time of adjudica- 
 tion of Bankruptcy 
 
 Evidence of Ins title as 
 
 Trust p-opcrty in Bankrupt not to pass by the assignment 
 
 Notice to be given to — before action commenced against 
 
 84 
 
 34 
 34 
 
 13 
 18 
 13 
 13 
 13 
 13 
 13 
 13 
 
 U 
 
 n 
 
 14 
 
 14 
 
 14 
 U 
 14 
 
 140 
 140 
 141 
 
 75 
 
 130 
 130 
 
 146 
 14T 
 
 9 
 29 
 89 
 40 
 41 
 42 
 42 
 43 
 44 
 45 
 
 46 
 
 49 
 60 
 62 
 
 63 
 64 
 64 
 
 71 
 71 
 72 
 
 61 
 112 
 
 242 
 24a 
 286 
 289 
 293 
 
 223 
 
 221 
 
 233 
 243 
 253 
 293 
 i94 
 295 
 
 74 
 76 
 
 16 
 16 
 
 17 
 18 
 
 35 
 40 
 44 
 44 
 44 
 44 
 44 
 45 
 45 
 45 
 
 116 
 156 
 181 
 45 
 189 
 46 
 46 
 47 
 
 47 
 47 
 48 
 48 
 
414 
 
 INDEX. 
 
 ASSIGNEE- 
 
 Books of account of Bankrupt not to be withheld from 
 
 Suits not to abate by death or removal of. 
 
 To redeem or discharge mortgage or other liens on property or sell 
 
 subject to lien 
 
 At request of — debtor to execute proper conveyances to him 
 
 *£o publish notice of bis appointment ■. 
 
 Torm of notice of appointment as , 
 
 To cause assignment to bo recorded 
 
 To demand assigned estate from any person holding same 
 
 To sell unencumbered estate 
 
 To keep regular account of all moneys received 
 
 To have same remedy as Bankrupt to recover debts, &c 
 
 To prosecute suits in his own name — when 
 
 Surviving, remaining, or new — to prosecute suit as if commenced by 
 
 him , 
 
 Certified copy of assignment conclusive evidence of his authority to sue. 
 To deposit money in his own name as assignee — and to keep separate 
 
 the property of Baniirupt estate 
 
 May make temporary investments under direction of the Court 
 
 To give notice of dividends and meetings 
 
 Form of notice of dividend by 
 
 May retain money for disbursements and compensation 
 
 May submit disputed matters to arbitration 
 
 May be removed for cause by Court 
 
 Form of order of Court for meeting of Creditors to remove 
 
 May be removed by Creditors on consent of Court 
 
 form of notice of motion for removal of 
 
 May resign 
 
 Vacancies in oiBce of—how filled 
 
 His resignation not to release him from trust 
 
 Estate of Debtor undisposed of vests in surviving 
 
 Outgoing — to make over estate to successor 
 
 The Court may order as to the fulfilment ot duties of former 
 
 Person ineligiblo as 
 
 Ineligibility of not to affect title to property already disposed of. 
 
 Disobeying order of Court punishable as for contempt 
 
 Creditor may release to — his mortgage or other lien debt, and prove 
 
 whole debt 
 
 What to do when the property exceeds in value the mortgage or lien... 
 
 Must execute necessary deeds and writings in case of sale 
 
 Duties of— on receiving proof of claims from register or commissioner... 
 
 "When proof of claim may be postponed until election of. 
 
 To answer to creditor's appeal to Circuit Court 
 
 Costs recovered against — allowed out of estate 
 
 May sell perishable property under order of the Court 
 
 Form of application lor order of court to — to sell perishable property,... 
 
 Form of order of court on application of — to sell perishable property 
 
 May sell property in dispute and hold proceeds in place of. 
 
 May apply to have Bankrupt examined 
 
 TVhen to request general meeting of creditors 
 
 Form of requestor — for 
 
 To report in full as to his trust at general meeting 
 
 "When to determine as to dividend to be made 
 
 To pay dividend as directed by the Court 
 
 Form of dividend warrant of. 
 
 To convert into money effects of debtor coming to his hands after final 
 
 dividend, and divide 
 
 Form of indemnification to — of lost bill or note 
 
 May selluncollectablo debts or property as courts shall direct 
 
 "When to submit his final account 
 
 Form of verification of accoiuit of. 
 
 Notice to creditors of his Application for a settlement thereof. 
 
 Form of notice to creditors Ijy 
 
 May be cxfunined on sncll final accounting 
 
 To be discharged if accounts correct 
 
 Allowance to — for services 
 
 Need not proceed in his trust without sufliciont funds to defray ex- 
 penses 
 
 Form of return of — where there are no assi-ts 
 
 May recover pi'operty or value thereof, when disposed of by Debtor 
 
 witli a view to give preference to party having claim against him 
 
 May recover proijorty or its value when transferred for the purpose of 
 
 preventing same from being distributed under the Act 
 
 To recover amount forfeited by creditor when fraudulently consenting 
 
 to Bankrupt's discharge 
 
 Of co-partnership— chosen by the creditors thereof. 
 
 Sec. 
 
 14 
 M 
 
 U 
 14 
 
 14 
 
 14 
 15 
 15 
 15 
 16 
 16 
 
 16 
 16 
 
 17 
 
 17 
 17 
 
 18 
 
 18 
 18 
 18 
 18 
 18 
 IS 
 18 
 18 
 18 
 
 20 
 20 
 20 
 22 
 23 
 24 
 24 
 25 
 
 25 
 26 
 27 
 
 G. C. 
 
 66 
 67 
 
 58 
 69 
 60 
 
 61 
 63 
 64 
 66 
 
 71 
 72 
 
 73 
 
 74 
 75 
 76 
 
 78 
 79 
 SO 
 81 
 82 
 83 
 84' 
 85 
 8« 
 
 97 
 98 
 98 
 106 
 107 
 110 
 
 no 
 
 112 
 
 113 
 114 
 122 
 
 122 
 123 
 
 124 
 
 127 
 129 
 
 129 
 129 
 129 
 
 142 
 143 
 
 145 
 146 
 
INDEX. 
 
 415 
 
 Sio. 
 
 a. 0. 
 
 ASSIGNEE— «m««Me(«. 
 
 HUdutiosaa such 
 
 May recover property fraudulently dispdsed of by iuTolunlnry bank- 
 rupt .-. 
 
 In proceedings under the 43d Section, duties of Tiustee identical witli 
 those of« 
 
 The word "Assignee** includes the plural 
 
 General order as to notilicatiou to — of Lis appointment, Rulo 9 
 
 General order as to duties of— Uule 19 
 
 General order as to mode of Belling property by — Rule 21 
 
 General order as to sale of perishable property 1/y — llulo 22 ^.. 
 
 General order as to disposition of moneys received by — Rulo 28 
 
 General remarks as to — Scale i«f compensation of. -. , 
 
 See " List of SaiUcruptcy Omtrt Mn-ms" 
 
 ASSI6NMENT- 
 
 To be recorded wherever real estate of Bankrupt is located 
 
 Kecord— or certified copy of — evidence thereof 
 
 Certified copy of— evidence of Assignee's right to sue 
 
 Fraudulent— void 
 
 "When not made iu the usual course of business- jjriwia facie evidence 
 
 of fiuud 
 
 ATTENDANCE— 
 
 See "Appearance" "JBanJcrupt" 
 ATTACnMENT— 
 
 When on Bankrupt's property, on meme process, dissolved 
 
 See '' Oontempt," "Assignees" Bankrupt" 
 ATTOKNEY— 
 
 Verification of demand by 
 
 Any Creditor may appear by 
 
 Debtor failing to appear in person or by — what? 
 
 General order as to — Rule 3 
 
 Proof of Debt by— (form.) 
 
 General letter of^form.) 
 
 Special letter of— (form.) 
 
 43 
 48 
 
 14 
 14 
 18 
 35 
 
 14 
 
 22 
 23 
 42 
 
 BAIL— 
 
 When Bankrupt liable as — same may be proved 
 
 Where another has cancelled liability as — for Bankrupt, may prove 
 what has actually been paid 
 
 Persons liable as — not to bo paid until Ihey have produced satisfactory 
 proof that they have paid amount they are liable for 
 
 Paying share of — in^k) Court 
 
 BANKER— 
 
 Fraudulent suspension of payment of— for 14 days — an act of Bank- 
 ruptcy 
 
 EANKKUPT— 
 
 Notes — decisions and references to discharge of — and its effect 
 
 PeraoD filing petition adjudged a 
 
 Oath of allegiance to be taken by — on filing petition 
 
 Death of— after warrant not to discontinue proceedings i.. 
 
 All property of — to bo assigned by Judge or Register to Assignee 
 
 What property of — exempt from assignment 
 
 All rights of — vest in Assignee 
 
 Property held in trust by — not to pass by the assignment 
 
 Bequired to make all necessary conveyances to Assignee 
 
 Demands against — for goods wrongfully taken by him allowed as debts.. 
 
 Liability oi^as drawer, endorser, &c 
 
 Contingent liabilities of 
 
 Liability of— for money paid by bail, &c 
 
 Liability for rent, £c 
 
 Liability of — for unliquidated damages to be assessed as directed by the 
 
 Court 
 
 J All debts provable against 
 
 All rights of action against — waived by Creditor proving claim 
 
 May apply for stay of suit comnienced at law or in equity 
 
 Bis liability on distinct contracts 
 
 Proofs of debts against — before whom to be made 
 
 Claim against— to be sworn to 
 
 May be examined on oath by Court 
 
 To be examined as to what matters, and examination how conducted.. 
 
 Examination of — when imprisoned, absent, or disabled 
 
 Until discharged — subject to the order of the Court 
 
 Punishable for contempt, for neglect, or refusal to <ibey order of Court.. 
 
 Is excusable if unable to respond to order of Court..., 
 
 19 
 19 
 
 2T 
 27 
 
 11 
 11 
 12 
 14 
 14 
 14 
 14 
 14 
 19 
 19 
 19 
 19 
 19 
 
 19 
 
 19 
 21 
 21 
 21 
 22 
 22 
 22 
 26 
 26 
 ,6 
 26 
 26 
 
 146 
 152 
 
 163 
 
 no 
 
 70 
 142 
 
 103 
 109 
 160 
 
 121 
 121 
 
 34 
 35 
 38 
 46 
 47 
 62 
 54 
 69 
 
 90 
 91 
 
 94 
 94 
 
 100 
 101 
 102 
 106 
 114 
 1 6 
 1 6 
 ll6 
 117 
 
 74 
 79 
 
 107 
 112 
 113 
 114 
 116 
 225 
 97 
 
 60 
 72 
 
 45 
 
 58 
 69 
 81 
 104 
 169 
 189 
 190 
 
 63 
 
 54 
 
 63 
 63 
 
 78 
 
 21 
 43 
 43 
 
 44 
 45 
 46 
 47 
 48 
 48 
 53 
 63 
 64 
 64 
 64 
 
 65 
 65 
 
 67 
 57 
 68 
 61 
 lil 
 
41S 
 
 INDEX. 
 
 Seo. G.C. Page. 
 
 BANKRUPT— CtaKraed. 
 
 May correct scbtidule from time to time to conform to facts... 
 
 "Wii'Q of — may be extimined 
 
 Not liable to arrest — unless, &c ^ 
 
 Distribution of estate of. 
 
 "VVlien lie may apply for a discliarge from bis debts 
 
 Notice to be given on such application of 
 
 What ac s will prevent or invaliilate discharge of. 
 
 O.^th to be taken by — bclbre diLiCbai'ge gi anted 
 
 Under What conditions may l.o entitled to s-'cond discharge... 
 
 "When can satisfactorily prove that lias paid all debts owing at time of 
 prev:ous Banlii-uptcy may bo diseliargcd second time without ex- 
 ccptiou 
 
 Creditor apposing discharge of — to file specification of grounds of oppo- 
 sition 
 
 Certificate, of discharge given to — and form thereof. 
 
 What debts of— not disciiarged by Act 
 
 Discliargo of — does not release a person jointly liable 
 
 Effect of discharge of 
 
 To be notified wlien application is made to contest validity of discbarge, 
 
 Discharge of — when set aside, or sustained.... 
 
 What acts of — declared misdemeanors 
 
 See ^'Debtor," ^'Assignee," "Trustees," '^Acts of Bankruptcy/" and 
 " Discharge" 
 BANKIiUPTCY— 
 
 Examinations in — how and before whom taken 
 
 General order as to examinations in — Rule 7 
 
 General order as to testimony taken in I'roceedings in — liule 10 
 
 General order as to minutes talcen in — Rule U 
 
 General order as to amendment of procQ<^dings in — Rule 14 
 
 BANKRUPTCY COURT I'ORMS— 
 
 List of. 
 
 Petitions 
 
 Schedules 
 
 Orders -,, 
 
 Warrants 
 
 Notices 
 
 Meetings , 
 
 Oaths, depositions, and aflidavits 
 
 Certificates , 
 
 Ponds 
 
 Adjudication of bankruptcy. 
 
 Miscellaneons 
 
 Tarious — of Proof of Debts 
 
 BANKRUPTCY— [iNTOLUNTiM.] 
 
 What deemed acts of. 
 
 Who may petition 
 
 Petition to be broufiht within six months after act of. 
 
 Order to Debtor to show cause, &c 
 
 Proceedings — when dismissed 
 
 Proceedings may be continued though petitioning Creditor do not 
 appear on the return day „,. 
 
 See "Debtor" " Banhrwpt," and " MarsMl" 
 BANKRUPTCY LAWS— 
 
 Notes and decisions as to right of Congress to pass — when different 
 States can pass 
 
 Outline history of. 
 
 See "Appendix." 
 BILLS Ol!' EXCUANGE AND PKOMISSORY NOTES— 
 
 See '■ Proof of Debts." 
 BOND— 
 
 Register to give— with satisfactory sureties on assuming his oiBce 
 
 i'orm of— of Register 
 
 Appellant hereunder to give usual bond on appeal 
 
 Asaignec may be required to give 
 
 Perm of^of Assiguee 
 
 Trustees under 43d Section to give— the sauie as Assisuee — whei'iVo- 
 quired ."". 
 
 ]?orm of— of Trustee 
 
 Clerks of United Stares Courts to give — iu sum of $2,000 
 
 See " Register" and "Assignee." 
 BOOKS— 
 
 Of minutes of proceedings before Registers, to bo kept by clerk 
 
 Of account, of Banlcrupt, to pass to a-sigiiee 
 
 Tull, exact, and j-ogular— of account lo^lje lieitt by a.ssigiice .'.'..'......... 
 
 See "Assignees "" Bankrupt " aud 'Office-Book Forms." 
 
 2fi 
 26 
 26 
 *27 
 29 
 29 
 •29 
 29 
 SO 
 
 117 
 118 
 119 
 120 
 131 
 131 
 132 
 132 
 133 
 
 1.^5 
 136 
 137 
 137 
 139 
 141 
 111 
 106 
 
 152 
 16i 
 162 
 163 
 166 
 
 161 
 
 62 
 62 
 63 
 67 
 67 
 U7 
 63 
 
 70 
 70 
 70 
 71 
 72 
 72 
 84 
 
 77 
 106 
 107 
 IL'8 
 1U9 
 
 97 
 121 
 123 
 112 
 160 
 ]£6 
 163 
 -•68 
 179 
 ICl 
 1S3 
 115 
 199 
 
 77 
 78 
 79 
 79 
 SO 
 
 13 
 
 25 
 
 c6 
 181 
 41 
 4S 
 181 
 
 83 
 182 
 251 
 
 13 
 
 45 
 112 
 
INDEX. 
 
 417 
 
 JOOKS AND PAPERS— 
 
 Court may compel the production of— on examiDation 
 
 See ''^Assipnee" and "Bankrupt." 
 5REACIE OF TKUST— 
 
 See " Fiduciary Debts." 
 3R0KER— 
 
 See " Fidttdary Belts'' and ^'^ Agent." 
 IRIBES— 
 
 The receiving of— by any officer in Bankruptcy — punishable by fine and 
 imprisouDient 
 
 3ALIF0RNIA— 
 
 The Judge of Circuit Court United States— times and places of hold- 
 ing in 
 
 Judge of District Court United States for — residence of— place of hold- 
 ing Court in — extent of district 
 
 Registers in Bankruptcy for— their residences in — extent of Congres- 
 sional districts in 
 
 United States Marshal for— his district and place of residence . , 
 
 Clerks of United States Courts in 
 
 Exemption laws 
 
 Lien and collection laws 
 
 Limitation luws 
 
 Interest laws 
 
 CERTIFICATES— 
 
 See " Registers" and " BanJcruptcy Gourt Farms." 
 CERTIFICATE OF DISCHARGE— 
 
 Form of. 
 
 What conchisiYe evidence of. 
 
 In case of partners 
 
 3ESSI0 BONORUM— 
 
 In France, Holland, Germany, and Scotland 
 
 3HIEF JUSTICE SUPREME COURT UNITED STATES— 
 
 To nominate and recommend Registers in Bankruptcy 
 
 Order of— as to the recommendation and nominalion of Registers 
 
 Appointment of— and residence 
 
 As Circuit Judge — his Circuit and times and places of holding Courts... 
 CIRCUIT COURTS- 
 
 Have g^eral jnrisdiction of cases ariiiing under Act 
 
 ■ May determine same as a Court of Equity 
 
 Their powers and jurisdiction may be exercised in term or vacation . . . 
 
 Have concurrent jurisdiction- In same district with District Court in 
 suits by or against Assignees 
 
 Appeals and writs of error to— from District Court.... 
 
 Appeals and writs of error from — to the Supreme Court United States.. 
 
 Proceedings on appeal to — ^firom decision of District t ourt disallowing 
 claims 
 
 Final judgment of— conclusive 
 
 General order as to appeals to — Rula 27 
 
 Rules of— regulating the practice and procedure in cases at law to be 
 followed in practice in Bankruptcy Courts 
 
 Organization of. 
 
 Circuits of , 
 
 See " Egwity (hurt RuUs United States" 
 CITATIONS— 
 
 See ^'Addenda" " Dedsions" and " Notes." 
 CLAIMANT— 
 
 Must verify his demand by deposition in writing on oath.. ...... ••.... 
 
 See " Claims." and " Proof of Debts." 
 CLAIMS— 
 
 Statement of— must be verified 
 
 Not allowed, if statements in deposition not true 
 
 May be verified by attorney or ageot of claimant 
 
 Court may require further evidence as to 
 
 Of corporations — who to verify 
 
 ■^hen to be rejected 
 
 Proof of— questionable — may be postponed until Assignee is chosen.. . . 
 
 in what order preferred, in order for dividend 
 
 See *' Proof of Debts." and " Venfication." 
 JLERKS OF CIRCUIT COUKTS UNITED STATES— 
 
 Creditor appealing from decision of the District Court to file his appeal 
 ■with, (General order, Rule i7) 
 
 Appointment of— bond of— duties of— and fees of >. 
 
 Names, residences, and circuits of. respectively, in the United States 
 
 See "Sguity Court Rules United States." 
 
 27 
 
 Sec. 
 
 G.C. 
 
 16 
 
 2 
 2 
 2 
 
 2 
 
 8 
 9 
 
 24 
 24 
 
 22 
 
 22 
 22 
 22 
 22 
 22 
 22 
 23 
 28 
 
 167 
 
 136 
 139 
 146 
 
 29 
 30 
 
 110 
 110 
 
 102 
 102 
 103 
 103 
 104 
 106 
 107 
 130 
 
 Page. 
 
 77 
 
 246 
 253 
 296 
 
 70 
 71 
 75 
 
 35 
 91 
 219 
 222 
 
 34 
 34 
 34 
 
 40 
 41 
 
 60 
 115 
 
 119 
 
 221 
 221 
 
 67 
 68 
 68 
 68 
 58 
 63 
 59 
 
 115 
 262 
 263 
 
418 
 
 INDEX. 
 
 Sec. G. C. 
 
 CLERKS OF DISTRICT COURTS UNITED STATES— 
 
 Tu keep proper miDute-book in his office '. 
 
 To enter therein memoranda from Register's docket 
 
 Notice to— of appeal to Circuit Court 
 
 Offences by— under act how punished 
 
 Fifty dollars to ho deposited with — as security for the Register's fees 
 
 General order of the Supreme Court as to Rule 1 
 
 Endorsing, numbering, briefing, and filing papers by 
 
 Non-removal of papers filed by 
 
 Docket and separate minute-book to be kept by. 
 
 All process issuing in bankruptcy proceeilings shall be tested by. (Gen- 
 eral order, RuIb 2) 
 
 To furnish Registers, on application, with blanks having signature of— 
 with seal of the court 
 
 Memorandum of all minutes of proceedings before Registers to be for- 
 warded to— without delay. (General Order, Rule 11) 
 
 When deemed beneficial to bankrupt's estate to discharge lien thereon 
 assignee, or bankrupt may file petition therefor with. (General 
 Order, Rule 17) 
 
 Notices to creditors of time and place of meeting, as provided by the 
 18th section of the act, to be signed by. (General Order, Rule 23). 
 
 Disposition of moneys received by. (General Order, Rule 28) 
 
 To report to court of funds received by him the firet Monday of every 
 month '. 
 
 Money deposited to be only drawn out on check of— countersigned by 
 District Judge 
 
 Fees of— to be prepaid or secured. (General Order, Rule 29) , 
 
 General remarks — appointment of— bond of — duties o£_ 
 
 Schedule of fees of. 
 
 Names, residences,- and districts of— in the United States 
 
 COLORADO-fTERRITORY.] 
 
 Chief Justice Supreme Court of— his residence m< 
 
 Register in bankruptcy of— his residence in 
 
 United States Marshal of— his residence in 
 
 Exemption and lien laws of. 
 
 Collection and limitation laws of 
 
 Interest laws of 
 
 COMMENCEMENT— 
 
 Of proceedings— notes and decisions as to 
 
 Filing of petition deemed to be — of proceedings in bankruptcy 
 
 Of taking effect of act 
 
 General Order as to — of proceedings, (Rule 4) 
 
 ' " Bee " Proceedings," " Bankrupt," '• Register," and " Assignee," 
 GOMHEESSIONERS OF COURTS OF THE UNITED STATES— 
 
 Proof of debts maybe taken before — of Circuit Court 
 
 To send proofs taken before — to assignee by mail 
 
 Their appointment, duties, and fees — and general remarks as to...Qr... 
 COMPARATIVE TABLE- 
 
 Showing the relative value of American and foreign money. 
 
 COMPENSATION— 
 
 See " Jfees" and '^Alhwances." 
 COMPOSITION— 
 
 General Order as to — Rule 20 
 
 See " Arbitration " and " Arbitrators." 
 CONCEALED, CONCEALMENT, CONCEALING— 
 
 See '^Act of BanJa'uptcy," and "Fraud." 
 CONFESSION OF JUDGMENT— 
 
 See "Act of Bankrvptcy," '^Fratid" and "Bankrupt." 
 CONNECTICUT— 
 
 The Judge of Circuit Court United States, and times and places of hold- 
 ing court in 
 
 Judge of District Court United States for— residence ot^— places of hold- 
 ing court— extent of district , 
 
 Registers in bankruptcy for— residences in— extent of Congressional 
 districts in 
 
 United States Marphal for — his district and place of residence 
 
 Clerk of Circuit and District Courts in — his residence In 
 
 E.\6mption, lien and collection laws... 
 
 Limitation and interest laws 
 
 CONSTITUTIONALITY OF THE ACT— 
 
 See "Addenda," " Decisions," and "I^otes." 
 CONTEMPT— 
 
 Register cannot commit for 
 
 "When parties and witnesses liable to process of. .""."'..".'.".'," 
 
 Any person refusing to answer on examination, &c., liable to be'pun 
 ished for 
 
 When Bankrupt punishable for ,. «!!.......!]!!!! 
 
 45 
 i7 
 
 14 
 14 
 
 167 
 169 
 
 38 
 50 
 
 148 
 V.5 
 
 lOt 
 105 
 
 16 
 26 
 
 58 
 116 
 
INDEX. 
 
 419 
 
 Sm. 
 
 Q. C. Page. 
 
 CONTEMPLATION OF BANKRUPTCY— 
 
 Seo *'jicts of Sanl'Tuptcy" ^^^ ** JfVa«d.'* 
 CONTINGENT DEBTS AND UABIMTIES— 
 
 Sfo ^* Bankrupt,'^ *^ Proof of Debts," and ^*Assignee," 
 CONIEACT— 
 
 With Crf ditor to induce him not to oppoBo discharge of bankriipt, void., 
 CONTEYANCES- 
 
 In fraud of provisionB of act, void 
 
 Not made in tho usual cburae of bUBtneas by the Debtor prima facie 
 evidence of fraud 
 
 Fraudulent — by cori'orations regarded tho same as if by iudividnals 
 
 COPAKTNEIISIIIPS— 
 
 Prucceilings in case of 
 
 CreditoiB of — wliat allowed to prove 
 
 Assignee of— how to be chosen 
 
 Not proceeds of joint property of — to be devoted to debts of concern... 
 
 Balance of separate estate of any partner to be devoted to payment of 
 debts of. 
 
 Balance after payment of debts of — to be divided to parties in — according 
 to respective intorest in 
 
 In all other respects proceedings against Identical with those against 
 individnalB J.. 
 
 Where member of — reftises to join in petition — rights of petitioning por- 
 ties — what, in case of adjudication against — General order, Rule 18... 
 
 Seo " Partners." 
 CORPORATIONS— 
 
 Claims of— by whom verified 
 
 To what — Bankruptcy Act applies 
 
 Like proceedings to be had aB to — as provided in respect to Debtors.... 
 
 Fraudulent preferences and conveyances by — governed by same law as 
 applies to individual debtors 
 
 No discharge granted to— or to any oiRcQr or member thereof 
 
 Distribution of assets of. 
 
 COSTS— 
 
 Recovered against assignee to be allowed out of estate 
 
 First in priority of payment in order of dividend 
 
 General provision as to 
 
 General order as to prepayment or security for — (Rule 29.) 
 
 General order as to payment of— to clerk — and when Debtor has no 
 means — (Rule 30.) 
 
 General order as to — in contested cases — (Rule 81.) 
 
 See " Equity Court RuUs U. S." 
 COURTS OF BANKRUPTCY- 
 
 See " District Courts," " Circuit Courts," and " Notes." 
 COUNTERFEITING— 
 
 Signature of Judge or other ofiQcer — how punishable 
 
 Seal of Court, 4o.— how punishable 
 
 COVENANTS- 
 
 See " Frauds," "Acts of JBanlcnpUy," " Bankrupt," and "Assignee." 
 CREDITOR— 
 
 Notice to— calling first meeting of Creditors 
 
 What portion of— at first meeting of Creditors to choose Assignee 
 
 Upon request of any— judge may order Assignee'to rIvo bond 
 
 May prove bankrupt's liability as drawer, endorser, &c., before final 
 dividend 
 
 Claim as to contingent liabilities of Bankrupt — when allowed 
 
 May apply to court to have value thereof ascertained 
 
 When Bankrupt's bail or surety to stand in place of 
 
 Failing to prove liability or debt of, bail, Ac 
 
 Proof by— when Bankrupt is liable for rent or other periodical pay- 
 ments : 
 
 Having mortgage or lien — is creditor to what amount i 
 
 May release his lien to Assignee and prove whole debt 
 
 When not allowed to prove any part of his debt 
 
 When Assignee may release to^Bankrupt's right of redemption 
 
 To execute necessary conveyances in case of sale 
 
 When not to maintain any suit against Bankrupt 
 
 Cannot obtain final judgment against Bankrupt during pendency of 
 discharge— Exceptions thereto 
 
 Preferred — when not allowed to prove debt or receive any dividend 
 
 May appear by Attorney at meeting of Creditors 
 
 Supposed— appealing from District to Circuit Court to file statement of 
 his claim 
 
 All to share _pj-orafa — without preferences 
 
 General meeting of— when and how to be called 
 
 Assignee to report to — thereat 
 
 Notice to— when Banknipt applies for a discharge 
 
 86 
 
 36 
 
 143 
 147 
 
 146 
 146 
 146 
 146 
 
 146 
 
 146 
 
 168 
 168 
 
 90 
 
 108 
 109 
 
 110 
 120 
 122 
 122 
 181 
 
 72 
 
 73 
 78 
 
 74 
 74 
 74 
 74 
 
 74 
 
 58 
 76 
 76 
 
 76 
 78 
 76 
 
 60 
 
 65 
 
 86 
 
 117 
 
 117 
 117 
 
 4S 
 44 
 46 
 
 68 
 54 
 6i 
 54 
 54 
 
 54 
 55 
 55 
 56 
 55 
 55 
 56 
 
 59 
 69 
 
420 
 
 INDEX. 
 
 CEBDITOR- 
 
 Assent of three-fourths in value of— when required to Bankrupt's dis- 
 charge 
 
 Opposing Bankrupt's discharge — to specify grounds thereof and file 
 same 
 
 When assent of majority of— to discharge required 
 
 "When may contest validity of discharge 
 
 Any contract with — to induce him not to oppose discharge — void 
 
 To forfeit what — if receiving money, &c., for withholding such opposi- 
 tion * 
 
 Of co-partnerahips — to choose Assignee 
 
 In cases of involuntary hankruptcy who may petition— and within 
 "what time petition to be brought 
 
 What — not allowed to prove debt 
 
 The word " Creditor" includes the plural, 
 'and "Debtor." 
 
 31 
 33 
 34 
 36 
 
 35 
 36 
 
 DAKOTA [Tekeitobv]— 
 
 Chief Justice Supremo Court of— his residence in 
 
 Register in bankruptcy of— his residence in 
 
 TJnited States Marshal of— his residence in 
 
 Exemption laws of 
 
 Lien laws of 
 
 Collection laws of. 
 
 DAMAGES, UNLIQUIDATED— 
 
 Assessed as the court shall direct when bankrupt is liable for 
 
 DATES AND DEPOSITIONS— 
 
 Notes and cases, as to 
 
 What time proceedings deemed commenced 
 
 DAVIS, HON. THOS. T., OF NEW YORK- 
 
 Remarks of— in House of Representatives on second report of Commit- 
 tee on Bankrupt bill, May 17, 1864 
 
 DEBTS— 
 
 Notes of decisions, &c„ as to proof of 
 
 Interest on debts payable in future « 
 
 For goods wrongfully taken by bankrupt 
 
 Contingent — of bankrupt 
 
 None others than those specified in Act to be allowed against the estate, 
 
 Mutual — one may be set off against the other 
 
 Against estates of bankrupt — proof of to be before a register or Com- 
 missioner of the Circuit Court 
 
 List of — duly proved to be made and certified by register 
 
 Uncollectable — how disposed of by assignee 
 
 Due the United States, second in order of preference 
 
 Due the State, third in order of preference 
 
 Due to persons who, by laws of the United States, are entitled to pri- 
 ority, fifth in order of preference 
 
 Wbal^ — not to be dischai'ged 
 
 As to the payment of— when partners are adjudged bankrupt 
 
 ItSBTOB, (Involuntary Bankruptoy) — 
 
 When and by whom petition may be brought to have— declared bankrupt. 
 
 Order to in — to show cause why petition should not be granted 
 
 May be enjoined from disposing of his property 
 
 For what may be arrested 
 
 Bail given by. 
 
 Marshal to take possession of his property 
 
 Petition and order to show cause, how served 
 
 Proceedings stayed until proof of service 
 
 Summary hearing of the allegations of — and Creditor 
 
 Jury trial ordered on demand of , 
 
 Proving petition untruo—proceedings to be dismissed 
 
 To be adjudged bankrupt if facts in petition found to be true.- 
 
 Issue of warrant to take possession of his estate 
 
 Distribution thereof as in cases of voluntary bankruptcy 
 
 To furnish to messenger schedule and inventory 
 
 When to be served with copy of adjudication 
 
 When cannot bo found — who to prepare schedule, &c 
 
 See "Bankrupt." 
 DECISIONS OP BANKRUPTCY CASES— 
 
 Addenda — containing leading 
 
 As to discharge of Bankrupt, &c 
 
 As to preferences and fraudulent conveyances — (n.) 
 
 As to contract with Creditor to forbear opposing, &c. — («,■) 
 
 As to where copartners rc&ido in diHerent districts, Ac. — (n.) 
 
 As to copartnership bankruptcy generally — (n.) 
 
 17 
 19 
 19 
 19 
 20 
 
 G. 0. 
 
 133 
 
 135 
 138 
 140 
 144 
 
 145 
 146 
 
 152 
 152 
 170 
 
 94 
 
 lis" 
 
 87 
 88 
 90 
 S4 
 95 
 
 '01 
 109 
 127 
 130 
 130 
 
 130 
 137 
 146 
 
 152 
 153 
 153 
 163 
 153 
 153 
 154, 
 155 
 166 
 166 
 166 
 157 
 167 
 168 
 159 
 160 
 160 
 
 Page. 
 
 71 
 71 
 73 
 
 137 
 
 142 
 Iti 
 146 
 
 74 
 74 
 
 78 
 78 
 
 229 
 242 
 246 
 301 
 30a 
 303 
 
 54 
 
 23 
 76 
 
 19 
 53 
 63 
 
 64 
 65 
 55 
 
 57 
 59 
 66 
 66 
 66 
 
 67 
 70 
 74 
 
 78 
 79 
 79 
 79 
 79 
 79 
 80 
 80 
 SO 
 SO 
 80 
 81 
 81 
 81 
 81 
 81 
 81 
 
 13 
 
 70 
 73 
 73 
 75 
 75 
 
INDEX. 
 
 421 
 
 DECISIONS— CbnimMcd. 
 
 As to diviBion of n6sets,&c 
 
 Ab to what constitute acts of bankruptcy — {n.) 
 
 As to transfbr of property in contemplation of bankruptcy — (w.) 
 
 As to superseding bankrupt proceedings by arrangement— («.) 
 
 As to exercise of rights by Trustees 
 
 As to offences of Bankrupt— (n.) 
 
 As to penalties for ofScial misconduct or wilful dereliction — (n.) 
 
 As to senior Segister — (n.).. 
 
 As to who may bo Assignee — (n.) 
 
 As to Internal Revenue Stamps upon papers inbankruptcy proceedings, 
 
 See " Notes" *' Bi^ferences," and ^'Citaiiom." 
 DEFAnLT— 
 
 See ^^Assignee^" " Debtor" and " Witnesses.*' 
 DELAWARE— 
 
 The Judge of Circuit Court United States — time and place of holding 
 Court in 
 
 Judge of District Court United States for — residence of— place of hold- 
 ing court in — extent of district 
 
 Register in Bankruptcy for — residence of— extent of congressional dis- 
 trict 
 
 United States Marshal for — his district and place of residence. 
 
 Clerk of Circuit and District Courts in — his residence 
 
 Exemption, lien, and collection "laws 
 
 Limitation and interest laws 
 
 DEPOSITIONS— 
 
 Notes of decisions upon — ^when taken — a^ to debts existing at time of 
 adjudication, &c 
 
 Notes on — of Bankrupt 
 
 Register may take. , 
 
 All to be reduced to writing 
 
 Claimant against estate of Bankrupt must verify his demand by — in 
 writing — on oath 
 
 What— to set forth 
 
 General order as to Rule 10 , 
 
 See " Bankruptcy Court Formal 
 MSCHARGE— 
 
 Notes of decisions as to — of Bankrupt — and its effect 
 
 Of mortgage by Assignee, &cT 
 
 Of Assignee on final accounting. 
 
 When Bankrupt may apply for. 
 
 Specification of grounds for withholding — and as invalidating same if 
 granted 
 
 Oath to be taken by Bankrupt before 
 
 A person discharged under act not entitled to a second — unless 
 
 When entitled thereto the same as if he had not previously been 
 Bankrupt 
 
 Creditor opposing — to file statements of bis reasons 
 
 Certificate of— given to Bankrupt when entitled thereto 
 
 Of Bankrupt, not to release person jointly liable with him 
 
 When not to be granted in proceediugs commenced after one year from 
 passage of act 
 
 From what it releases 
 
 How pleaded 
 
 Validity of may be contested at any time within two years after date 
 thereof. 
 
 To be annulled on judgment in favor of contesting Creditors 
 
 Contract with Creditor not to oppose — void 
 
 Effect as to Creditor when fraudulently consenting to 
 
 Certificate of — to partners 
 
 Not granted to corporations or any officer or member thereof, Provided. 
 
 Right to discharge Bankrupt not impaired by appointment of Trustees, 
 
 Opposition tn—seo General Orders, Rule 24 '. 
 
 DISTRICT OF COLUMBIA— 
 
 Jurisdiction of Supreme Court of— in matters of Bankruptcy 
 
 Judges of Supremo Court of — place of holding court 
 
 Register in bankruptcy for — residence of. 
 
 United States Marshal for — his residence in ^ 
 
 Clerk of Supreme Court for — his residence in 
 
 Exemption laws 
 
 Lien and collection laws 
 
 Interest laws 
 
 DISPATCH or BUSINESS- 
 SIX hours to constitute a business day — and the party causing further 
 
 time chargeable with costs — See General order, Rule 6 
 
 DISTRIBUTION OE BANKRUPT'S ESTATE— 
 
 General note as to 
 
 Seo. 
 
 87 
 
 22 
 
 22 
 
 28 
 29 
 
 29 
 29 
 SO 
 
 30 
 31 
 32 
 
 33 
 34 
 34 
 
 34 
 34 
 36 
 35 
 36 
 37 
 43 
 
 G. C. 
 
 147 
 162 
 162 
 
 ib'i" 
 
 168 
 167 
 169 
 
 14 
 20 
 
 102 
 102 
 
 129 
 131 
 
 132 
 132 
 133 
 
 134 
 136 
 138 
 137 
 
 138 
 139 
 139 
 
 140 
 141 
 144 
 145 
 148 
 147 
 164 
 
 Page. 
 
 76 
 
 77 
 78 
 82 
 83 
 85 
 86 
 87 
 255 
 407 
 
 233 
 246 
 263 
 304 
 306 
 
 19 
 20 
 
 67 
 
 67 
 
 107 
 
 65 
 67 
 
 70 
 70 
 
 71 
 71 
 71 
 
 71 
 72 
 73 
 74 
 76 
 76 
 
 225 
 233 
 247 
 253, 
 ZHi 
 306 
 307 
 
422 
 
 INDEX. 
 
 DISTEIBUTION OP BANKRUPT'S ESTATE— Omtinued. 
 
 Notes of decisions as to 
 
 Priority in payment of duly proved claims not allowed 
 
 General meeting of creditors called — with reference to 
 
 Beport of Assignee on 
 
 Action of Creditors upon undetermined claims 
 
 Registers to give notice to every Creditor of dividend — by mail 
 
 Peclarntion of final dividend 
 
 No further meetings of Creditors after the third to be called 
 
 Accounting of Assignee. 
 
 Claims which have priority 
 
 See General orders, Rule 17 — redemption of property 
 
 See General orders, Rule 20 — compounding of claims 
 
 See General orders. Rule 21 — selling of property 
 
 See General orders, Rule 25 — final meeting of Creditors on 
 
 SeB"Assiffnees." " MeetingSt" and "lifrms." 
 DISTRICT COURT— 
 
 See " District Jitdge (IT. S.") 
 DISTRICT COURTS— 
 
 General note as to , 
 
 Constituted coiu-ts of bankruptcy 
 
 To have original jurisdiction under act 
 
 To be always open for business 
 
 Their jurisdiction — power to compel obedience to orders, &c 
 
 May sit at any place in district 
 
 Must give notice of times and place of sittings ___ 
 
 To fix time,place, and manner of sale of unencumbered estate of Baniv- 
 rupt by Assignee 
 
 Duties of clerks of — in bankruptcyproceedings — General orders. Rule 1. 
 
 Original constitution of. 
 
 Districts, and Judges of. 
 
 Residences of Judges of—places of holding courts — and boundaries of 
 districts defined 
 
 See "District Court Judges," "General orders in Banhru^tcy" "Equity 
 Qmrt Rules," "Marshals," and "ClerJcs." 
 DISTRICT JUDGE (U. S.)— 
 
 General note as to 
 
 Has the same powers in Chambers as in Court 
 
 Has power to compel obedience to orders, &c .*. 
 
 Registers to be appointed by 
 
 Issues raised before Registers to be decided by 
 
 May remove Registers , 
 
 May fill vacancy in oiBce of Register 
 
 Opinion of — bow and when obtained during pendency of proceedings.. 
 
 Proceedings before Register upon which to decide to be certified to. . . , 
 
 Opinion of— in special cases 
 
 Decision therein — when to lie final 
 
 May compel party refusing to swear or answer, to pay costs 
 
 5?o designate Register before whom unopposed proceedings to be had.. 
 
 To appoint Assignee on failure of Creditors to make choice 
 
 May appoint when Assignee fails to act 
 
 To approve of election of Assignees— may appoint additional, or order 
 new election of 
 
 May require bond of Assignee — when? !..."!! 
 
 To approve bond of Assignee by endorsement.. ]. 
 
 To remove Assignee on failure to give bond !..!..!.".'. 
 
 To transfer Bankrupt's estate to Assignee 
 
 May direct temporary investment of estate of Bankrupt- when— and 
 how 
 
 Assignee may submit matters to arbitration or settle by direction of... 
 
 May remove Assignee for cause 
 
 May consent to removal of Assignee by Creditors ""'."', 
 
 May compel outgoing Assignee to fini^ duties as !.'.' 
 
 "When to exercise the jurisdiction of Circuit Court in Bankruptcy.....'..! 
 
 Or Register to countersign all checks or warrants to draw moueys of 
 Bankrupt's estate from place of deposit — General Orders, Rule 2S 
 
 By whom and how appointed 
 
 Names and addresses of several — in the United States !..'."."!!'.'.'.".! 
 
 Their districts defined, and places therein for holding Courts 
 
 See "Priority of Action" 
 DISTINCT CONTRACTS— 
 
 When Bankrupt liable on— may be proved against the estates liable unon 
 BIVIDBND— ^ ' 
 
 Seo notes of decisions on distribution of Bankrupt's estate 
 
 Creditors at general meeting to determine 
 
 When Assignee is to determine ."'. 
 
 Duty of Register when — ^is ordered !..*.*.'.!!, 
 
 G.C. 
 
 27 
 
 27 
 27 
 27 
 27 
 28 
 28 
 28 
 28 
 
 21 
 
 120 
 122 
 122 
 123 
 124 
 125 
 126 
 129 
 130 
 
 1 
 1 
 2 
 4 
 
 5 
 
 65 
 
 2 
 4 
 10 
 16 
 21 
 22 
 23 
 23 
 24 
 24 
 28 
 36 
 40 
 41 
 
 42 
 43 
 44 
 45 
 46 
 
 72 
 75 
 76 
 77 
 S3 
 174 
 
 100 
 
 123 
 123 
 124 
 
 Page. 
 
 21 
 
 63 
 
 63 
 
 68 
 
 64 
 
 64 
 
 64 
 
 65 
 
 65 
 
 66 
 
 111 
 
 112 
 
 113 
 
 114 
 
 18 
 33 
 83 
 33 
 34 
 
 34 
 
 49 
 103 
 224 
 224 
 
 225 
 
 IS 
 33 
 34 
 35 
 37 
 38 
 38 
 38 
 39 
 39 
 39 
 40 
 43 
 44 
 44 
 
 45 
 45 
 45 
 45 
 
 45 
 
 61 
 61 
 61 
 51 
 
 52 
 89 
 
 116 
 
 224 
 224 
 225 
 
 20 
 64 
 64 
 64 
 
INDEX. 
 
 423 
 
 DIVIDEND— Continued. 
 
 To be paid by Assignee 
 
 Second and final 
 
 Further — to bo made as occaBion requires 
 
 When declared, not tobo disturbed by debts subsequently proved 
 
 Order by Court on — on ficcounting by Assignee.,. 
 
 Order for — to set out order of preferred claims 
 
 Warrant, to be signed by Clerk or Assignee, and countersigned by 
 
 Judge or Register — General Orders, Rule 28 
 
 Warrant — proper form of. 
 
 E 
 
 EFFKCTS— 
 
 Concealment of any part of— prevents or invalidates discharge 
 
 ELECTION— 
 
 See '^-Proof of DebtSf" and ^^ Oreditors." 
 EMBEZZLEMENT— 
 
 Debt created by the — of the bankrupt, HOt discharged < 
 
 EQUITY— 
 
 No creditor can maintain suit in — after proof of his claim 
 
 As to stay of suit in — wiien commenced by creditor of provable claims, 
 
 See "Rules of PracUce in — of the. U. S." 
 
 Of redemption, &c. — see "Jlssignees." 
 
 As to equitable debts — see "Proof of Dehts," 
 EVIDENCE— 
 
 Of examination in any proceedings under act to be taken before court 
 or register, viva voce or in writing 
 
 See "ExaminaUon." 
 EXAIWINATION— 
 
 Decision as to 
 
 What bankrupt bound to answer on 
 
 General rule of law as to 
 
 What questions bankrupt not bound to answer on 
 
 Of wife of bankrupt, under English law.., 
 
 Liability of bankrupt to arrest while attending 
 
 Of bankrupt, by order of court 
 
 To relate to what matters 
 
 To be in writing and on oath 
 
 To be signed by bankrupt and Hied 
 
 Of other persons, whose attendance m.iy be compelled by warrant to 
 marshal 
 
 Of bankrupt, when imprisoned, absent, or disabled 
 
 Of bankrupt*s wife under act 
 
 How and before whom taken 
 
 Attendance of witnesses and production of books and papers upon — 
 maybe compelled 
 
 Or parties, on application of trustees 
 
 Minutes of.— to be filed with and carefully indorsed by clerk of court — 
 Rulel 
 
 On behalf of bankrupt, or on behalf of petitioning creditor, may be in 
 person or by attorney; if by attorney his name must appear and be 
 entered witli papers — Rule 3 
 
 Duties of registers as to — Ruled 
 
 General order as to — Rule 7 
 
 Evidence upon— how taken— Rule 10 
 
 EXECUTOR— 
 
 When may become bankrupt — notes and decisions as to 
 
 Registernotto be 
 
 EXEMPTION- 
 
 Of certain of bankrupt's property from operation of act 
 
 Property exempted does not pass to assignee 
 
 Sqe laws of several States as to— of property — from execution, fee, in 
 
 Appendix 
 
 EXPENSBS— 
 
 Without funds to defray, assignee need not proceed in his trust... 
 
 In first class of, preferences for payment 
 
 EXTRA ALLOWANCE- 
 
 Of compensation, costs or fees may be made by court 
 
 F 
 FACTOR— 
 
 See "Jlgents." 
 FAMILY— 
 
 Of bankrupt — see "Exemption;" also refer to Abstract of Laws of 
 difl'erent States in Appendix 
 
 33 
 
 31 
 
 31 
 
 14 
 14 
 
 28 
 28 
 
 0.0. 
 
 124 
 126 
 126 
 128 
 129 
 ISO 
 
 132 
 
 137 
 
 114 
 114 
 114 
 114 
 
 114 
 115 
 118 
 151 
 
 151 
 164 
 
 17 
 
 129 
 130 
 
 169 
 
 64 
 64 
 65 
 65 
 66 
 
 116 
 197 
 
 67 
 
 70 
 
 56 
 56 
 
 20 
 20 
 20 
 20 
 20 
 61 
 61 
 61 
 61 
 
 61 
 61 
 62 
 
 77 
 
 77 
 83 
 
 103 
 
 104 
 105 
 108 
 107 
 
 15 
 37 
 
 46 
 46 
 
424 
 
 INDEX. 
 
 Sec. 
 
 Page, 
 
 PEES— 
 
 Register to take oath not to be interested in certain 
 
 Begister not to be interested in, of certain trusts,. . 
 
 Of registers, by whom to be paid 
 
 General orders to be framed by the Supreme Court United States for 
 regulating 
 
 OP register, and same to iiave priority of payment over all other claims 
 
 Of messengers, to be paid by assignee 
 
 TarilT of, may be prescribed 
 
 Of register, marshal, and clerlj to be paid or secured— (Uule 29) 
 
 Of witnesses, when and how paid 
 
 General order as to — (Rule 30) , , 
 
 Where debtor has no means — not to exceed ^0 
 
 Schedule of — of registers 
 
 Schedule of.— of marshals 
 
 Schedule of— of United States clerks 
 
 Schedule of — of assignees in bankruptcy 
 
 Schedule of.— of United States commissioners 
 
 Of printers 
 
 Of jurors 
 
 Of witnesses 
 
 FELONIES- 
 
 What are, under the act, and how punished 
 
 FIDUCIARY DEBTS— 
 
 Not discharged — but dividend thereon to be paid and allowed on account 
 ofsame 
 
 3 
 
 4 
 
 4 
 
 10 
 
 47 
 47 
 47 
 
 'JVatt 
 
 "and " ETjibez^lement." 
 
 See "mScts of Bankruptciu 
 PILING- -^ 
 
 See "Petitiom," and " General Orders." 
 FINE AND FORFEITURE— 
 
 Offences the commission of which by any officer of bankruptcy courts 
 
 subjects him to , 
 
 Offences under the act, the commission of which by any person sub- 
 jects him to 
 
 See " Penalties agai-nst Bankrupts.," and '* Offences." 
 FLORIDA— 
 
 The judge of the circuit court United States for— times and places of 
 
 holding court in 
 
 Judges of district courts United States for — residences in — places of 
 
 holding courts in— extent of United Stales districts of 
 
 Registers in bankruptcy for — residences in — extent of congressional 
 
 districts 
 
 United States marshals for— their districts and places of residence in 
 
 Clerks of United States courts in 
 
 Exemption law of 
 
 Lien, collection, limitation, and interest laws of 
 
 FORGERY— 
 
 Of signature of judge or other officer — how punished 
 
 FORBEARANCE— 
 
 Creditor receiving money, &c., as an inducement for — effect of. 
 
 FORFEITURE— 
 
 Creditor's right to dividend when forfeited 
 
 FORMS— 
 
 Of petitions, orders, nnd other proceedings to be framed by Supreme 
 
 Court United States 
 
 Of warrants — what to contain 
 
 Of certificateof discharge..,,, 
 
 Special order of Supreme Court United States forbidding premature 
 
 publication of 
 
 General order of Supreme Court United States promulgating 
 
 List of, 
 
 And schedules may be altered in p.irticular cases — General Orders— 
 
 (Rule32; 
 
 Omissions in, of debtor's petition and schedules may be corrected, 
 
 and amendments made in same — General order— (Rule 33) 
 
 See " General Orders," and "Bankruptcy ^ourt forms." 
 FRAUD- 
 
 Demands for personal property taken or converted by— by bankrupt, 
 
 may be proven 
 
 Demand for damages occasioned by bankrupt's fraudulently taking or 
 
 converting property may be proved 
 
 Proof of claim must show that same is free from taint of 
 
 A ground for contesting validity of discharge 
 
 What is primafacie evidence of, in disposition of property 
 
 Same provisions as to, applying to bankruptcy of individuals to apply 
 
 to partnerships and corporations 
 
 46 
 
 35 
 
 10 
 11 
 32 
 
 37 
 
 13 
 
 17 
 18 
 
 31 
 169 
 169 
 169 
 
 168 
 
 168 
 
 145 
 
 31 
 36 
 136 
 
 94 
 102 
 140 
 143 
 
 36 
 
 37 
 37 
 
 41 
 
 87 
 
 117 
 117 
 117 
 118 
 231 
 244 
 251 
 255 
 256 
 257 
 257 
 257 
 
 86 
 
 70 
 
 85 
 
 233 
 247 
 253 
 307 
 308 
 
 86 
 
 74 
 
 41 
 
 43 
 70 
 
 93 
 94 
 97 
 
 118 
 
 119 
 
 55 
 58 
 71 
 73 
 
INDEX. 
 
 425 
 
 Seo. 
 
 G.O. 
 
 Pabe. 
 
 'ERAVB—Cmtinued. 
 
 What arc acts of 
 
 Wiii'ii misdemeanors, and how punished , 
 
 See "^cts of Bankruptcy," and " Offences." 
 
 G 
 
 GAMING— 
 
 Spending any portion of estate In, by bankrupt after fiiing petition a 
 
 inis(iemcanor hereunder, punishable by imprisonment 
 
 GEORGIA— 
 
 The Judge of the Circuit Court United States for— time and place of 
 holding court in 
 
 Judge of District Courts United States- residence in — place of holding 
 court in — extent of United States districts of 
 
 Registers in bankruptcy for — residence in— extent of congressional 
 districts 
 
 United States marshal for — his district and place of residence In ., 
 
 Clerks of United States courts in 
 
 Exemption, Lien, and Collection Laws of. 
 
 Limitarion and Interest Laws of. 
 
 GENERAL ORDERS— 
 
 To be framed by the justices of the Supreme Court United States . 
 
 May be rescinded or varied 
 
 Supreme Court of United States to report same to Congress 
 
 Promuigating rules and forms 
 
 List of , 
 
 44 
 44 
 
 44 
 
 166 
 166 
 
 166 
 
 31 
 31 
 32 
 
 GIFT- 
 
 Made with intent to defraud creditors an act of| bankruptcy., 
 
 H 
 
 HABEAS CORPUS— 
 
 Bankrupt may be produced on, for examination where imprisoned . 
 
 May issue on bankrupt's application in order tiiat he may certify to 
 matters relative to ills bankruptcy — (General Order, Rule 97) 
 
 May Issue where bankrupt Is under arrest in any civil proceeding dur- 
 ing pendency of bankrutcy proceedings to bring him before court. . . . 
 
 If bankrupt arrested on process issued to collect claim provable In 
 bankruptcy, may be discliarged on being brought before court on 
 
 If claim found not favorable, bankrupt to be remanded to custody as 
 
 before on 
 
 HOLMES, HON. S. T.— 
 
 Remarks of, on bankrupt bill in Congress 
 
 HUSBAND AND WIPE— 
 
 By disciiarge of tbrmer, debts of latter, c^iim sola, are extinguished J. 
 
 Notes and decisions as to 
 
 Wearing apparel of tatter exempt 
 
 Latter refusing to appear and be examined as to bankruptcy of former, 
 prevents his discbarge unless 
 
 152 
 
 115 
 
 IDAHO— 
 
 Chief Justice Supreme Court of, his residence in 
 
 Register in bankruptcy of, his residence in 
 
 United States marshal of, his residence in 
 
 ILLINOIS- 
 
 The Judge of the Circuit Court United States for, times and places of 
 
 holding court In 
 
 Judges of District Courts United States of— residences in — places of 
 
 holding court iU' — extent of United States districts of 
 
 Registers In bankruptcy for — tiieir residences of in — extent of congres- 
 sional districts 
 
 United States marshals for — their districts and residences In 
 
 Clerks of United States courts in 
 
 Exemption laws of 
 
 Lien, Collection, Limitation, and Interest Laws of 
 
 IMPRISONED DEBTOR— 
 
 See '* Habeas Corptts," and ''Imprisonment." 
 IMPRISONMENT— 
 
 Of debtor for muru than seven days in civil action on contract deemed 
 
 act of bankruptcy 
 
 Offences, the commisiion of any of which, by debtor, or bankrupt 
 
 renders him liable to 
 
 Otfencesthe commission of which, by any officer of bankruptcy courts 
 
 renders him liable to 
 
 Olfcnces the commission of aity of which, by any person, subjects 
 
 him to 
 
 118 
 
 152 
 166 
 167 
 168 
 
 84 
 86 
 
 85 
 
 233 
 
 247 
 253 
 
 41 
 42 
 42 
 94 
 95 
 
 78 
 
 61 
 
 115 
 
 116 
 
 116 
 
 116 
 
 399 
 
 22 
 22 
 46 
 
 229 
 242 
 247 
 
 225 
 
 234 
 247 
 253 
 3)0 
 311 
 
 78 
 84 
 85 
 
426 
 
 INDEX. 
 
 IMPKISONMENT— CimanucA a 
 
 See ^^ Habeas CoTjms," 
 INDIANA— 
 
 The Juilg'' of Mie Circuit Court United Suites for— times and place of 
 
 llolding court in 
 
 Judge of District Court United States of— residence in — place of iiold 
 
 mg court— extent of Uti ited States district of. 
 
 Registers in bankruptcy for — tlieir residences in — congressional districts 
 
 of.. 
 
 United States marslial for— liis district and residence in 
 
 Clerks of United States courts in 
 
 Exemption, Lien, and Collection Laws of. 
 
 Limitation and Interest Laws of ; 
 
 INJUNCTION— 
 
 Restraining debtor or otlier person from malting transfer of property, 
 
 &c 
 
 INFANT- 
 
 Whetlier, can be made bankrupt— notes and decisions as to 
 
 See " Commencement of Proceedings," 
 INTEREST— 
 
 Rebate of 
 
 INTERNAL REVENUE— 
 
 See " Stamp Duties.'' 
 INTERPRETATION, CONSTRUCTION, AND RECKONING— 
 
 Tlie words "Assignee" and '^C/editor," when used shall include the 
 plural also 
 
 The word " Messenger" shall include his a.s5istant or assistants, ex- 
 cept in the provision for bhe tees of that officer 
 
 The word "Marslial" shall include bis deputies 
 
 The word " Person" to include " Corporation," and the word '• Oath 
 to include " Affirmation" 
 
 In all proceedings the first day to be reckoned exclusive and the last 
 
 day ijiclusive 
 
 INVENTORY— 
 
 Of debtor's estate to be verified and annexed to petition 
 
 To be furnished l)y bankrupt to messenger, (mvoluntary bankruptcy) 
 
 To be prepared by messenger^if bankrupt is absent or not to be found 
 INVOLUNTARY PROCEEDING^— 
 
 Notes and Decisions as to 
 
 General Order as to — (Rule 15) 
 
 See '^,dcts of Bankruptcy," and '^ Bankruptcy — Involuntary." 
 IOWA— 
 
 The Judge of the Circuit Court United States fo- — times and place of 
 holding court in 
 
 Judge of District Cowrt United States of— residence in — places of hold' 
 ing court — extent of United Stales district of. 
 
 Registers in bankruptcy for — tlieir residences in — congressional districts 
 
 Sec. 
 
 G.C. 
 
 40 
 
 153 
 
 of. 
 
 United States marsliai for — his district and residence in 
 
 Clerks of United States courts in 
 
 Exemption Laws of. 
 
 Lien and Collection Laws of. 
 
 Limitation and Interest Laws of 
 
 ISSUES— 
 
 Raised before register to be stated in writing, and referred to judge 
 
 for decision 
 
 Pending undecided before judge not to suspend other proceedings — 
 
 General Orders, Rule 11 
 
 Every — on appeal to be made up in court and docketed — General 
 
 Order, Rule 36 
 
 JENCKES, HON. THOMAS A., OP RHODE ISLAND— 
 
 Speech of — in House of Representatives on report of Committee on 
 Bankrupt Bill, June 1,1864 
 
 Do. on second report of same. May 17, 1866 , 
 
 Do. on final passage of the act 
 
 JOINT AND Siai'ARATE ESTATES— 
 
 See "Bankrupt^' and " Copartnerships," 
 JOINT LIADrLITIES— 
 
 See " Copartnerships^" and "Proof of Dehts," 
 JOINT STOCIC COMPANIES— 
 
 See "Corporations." 
 JUDICIAL D1.STRICTS— 
 
 Where not within any organized circuit of the United States— judge 
 tlierein to exercise jurisdiction of circuit coui i 
 
 48 
 48 
 
 48 
 
 11 
 42 
 42 
 
 170 
 170 
 
 33 
 159 
 160 
 
 923 
 
 234 
 347 
 253 
 312 
 313 
 
 49 174 
 
 88 
 
 43 
 
 81 
 81 
 
 23 
 110 
 
 234 
 247 
 253 
 313 
 314 
 315 
 
 37 
 108 
 
 391 
 
 398 
 400 
 
 £0 
 
INDEX. 
 
 427 
 
 G.C. 
 
 Paob. 
 
 JUDICIAL DISTRICTS— C>/lKnMed. 
 
 Sr.p '-Circuit Courts U. S.," and "Districe Courts U. S." 
 JUDGMCNT— 
 
 Annulling or sustnlning discharge when same has been contested 
 
 JURISDICTrON— 
 
 Sue "Circuit Courts," and "District Courts U, S," 
 JURY— 
 
 When debtor may demand 
 
 JUROKS— 
 
 Fees of 
 
 See "Marshals." 
 
 K 
 
 KANSAS— 
 
 The jiidjje of the circuit court for — times and place of holding court in 
 Judge of District Court United States — residence in — place of hold 
 
 ini! court- i.'xtcnt of United States district of 
 
 Rpgistpr in bankruptcy for — residence of, in — congressional district of 
 
 Unitt^d States; m:irshal for — his district and residence in 
 
 Clerks of United States courts in 
 
 Exemption laws of 
 
 Lien Laws of 
 
 Coll(!ction, Limitation, and Interest Laws of 
 
 KENTUCKY— 
 
 The Judge of the Circuit Court United States for — times and places of 
 
 holding court in 
 
 Judge of District Court United States of— residence in — places of hold- 
 
 in>: court in — extent of United States district of 
 
 Reii^ters ill bankruptcy fur — their residences in — extent of coiigres- 
 
 sion.-il districts 
 
 United Status marshal for — his district and residence in 
 
 Clerks of United States courts in 
 
 Exemption Laws of 
 
 Lien, Collection, and Limitation Laws of 
 
 Interest Laws of » 
 
 34 
 
 LIEN— 
 
 See Laws relating to, of didTerent States and Territories 
 
 Sec ".iSppCTMiia;," and "Proof of Debts," 
 LIMITATION— 
 
 Of suits by or against assignee or party claiming an adverse interest 
 
 Of actions — laws of different States as to 
 
 See *• ^^ppejidix," 
 LOUISIANA— 
 
 The Judge of the Circuit Court United States for — time and place of 
 holding court in 
 
 Judge of District Court United States of— residence in — places of liold- 
 ing court — extent of United States district of 
 
 Registersin bankruptcy in — their residences in — congressional districts 
 of. 
 
 United States marshal for — tals district and residence in 
 
 Clerks of United States courts in 
 
 Exemption and Lien Laws of 
 
 Collection, Limitation, and Interest Laws of, 
 
 MAINE— 
 
 The Judge of the Circuit Court United States for-times and place of 
 holding court in .' 
 
 Judge of District Court United States in — residence in — places of hold- 
 in,^ court in — extent of United States district of. 
 
 Registers in Ijankruptcy in — residences of in — Congressional districts 
 
 United States Marshal for — his district and residence in 
 
 Clerks of United States courts in 
 
 Exemption and lien lairs of. 
 
 Collection, limitation, and interest laws of. 
 
 MARRIED WOMAN - 
 
 When mny be banltrupt 
 
 See " Husband and Wife." 
 MARSUAL, (As MesseNOER)— 
 
 When to act as messenger. 
 
 Warrant to — to arrest alleged bankrupt 
 
 To maico verified returns of actual necessary expenses on the first Tues- 
 day of each month. (G-eneral Order, Rule 12) 
 
 153 
 
 80 
 257 
 
 233 
 
 226 
 235 
 247 
 253 
 315 
 316 
 317 
 
 323 
 
 235 
 247 
 253 
 317 
 318 
 319 
 
 35 
 
 285 
 
 235 
 247 
 253 
 319 
 
 221 
 
 235 
 247 
 253 
 321 
 322 
 
 43 
 79 
 
 108 
 
428 
 
 INDEX, 
 
 MARSHAL. (As Messenger) — Continued. 
 
 To take possession of property of bankrupt, and prepare inventory of 
 same and make return in three days— when? — duty of— when bank- 
 rupt cannot be found — may appoint special deputies — his notice to 
 creditors what to contain, &c. (General Order, Rule 13) 
 
 Potitioiiing co-partner to furnish to— schedule of debts and inventory of 
 property, &c. (General Order, Rule 18) 
 
 Court to order perishable property in possession of— to be sold 
 
 Notice provided by 18th section of act to be served by — or his deputy. 
 (General Order, Rule 23) 
 
 Prepayment or security for fees of. (General Order, Rule 29) 
 
 Office of— defined — appointment of— his duties — his deputies — general 
 roniftrks as to .... 
 
 Schedule of tees of 
 
 List of— now serving — (Mstricts of and residences of— in the IFnited 
 States 
 
 ^ See "Messengei\" and ^'BuUs in Equity. Supreme CawrtP cSc. 
 
 marStlanb— 
 
 The Judge of the Circuit Court United States for — time and place of 
 holding court in 
 
 Judge of District Court United States of— residence in — ^place of holding 
 court — extent of United States district of. 
 
 Register in bankruptcy in— residence in— extent of Congressional dis- 
 tricts in 
 
 United States Marshal for— hia district and residence in 
 
 Clerks of United States courts in 
 
 Exemption laws of 
 
 Lien, collection, limitation, and interest laws of 
 
 MASSAOHUSEl^TS- 
 
 The Judge of the Circuit Court United States for — times and place of 
 holding court in 
 
 Judge of District Court United States of— residence in — ^place of holding 
 conrt — extent of United States district of. 
 
 Register in bankruptcy in — residences of in — Congressional districts in- 
 United States Marshal for — his district and residence in 
 
 Clerks of United States courts in 
 
 Exemption laws of 
 
 Lien and collection laws of 
 
 Limitation and interest laws of. 
 
 MEANING OF TERMS— 
 
 See note as to 
 
 See " InterpretaUon?^ <&c. 
 MEASURE OF VALUE— 
 
 Proceeds of sales of nrgperty in any suit considered as the. 
 
 MEETINGS OF CREDITOUS- 
 
 Pui'suant to notice in warrant 
 
 Assignee to be chosen thereat 
 
 General — when and how to be called 
 
 Majority in value of creditors thereat to determine aa to dividend 
 
 Within ten days thereafter — list of dividend oreditors to bo made 
 
 As to second and third 
 
 No others to be called unless ordered by court 
 
 To determine as to whether estate shall be settled by trustees 
 
 Second and third of— special directions whore to be held — in cases 
 where bankrupt applies for discharge in three months after adjudi- 
 cation. (General Order, Rule 25) 
 
 See " List of Bankruptcy Omrt Mrms^" " Begistery" and "Assignee," 
 MERCHANT— 
 
 See "Bankruptcy," and "Acts of Sankrt^tcy." 
 MESSENGER— 
 
 When marshal to act as— and his duties 
 
 To make return of warrant, &c., at meeting of creditors pursuant to 
 notice 
 
 A^'udged bankrupt to furnish schedule and inventory to 
 
 To prepare same with assignee when bankrupt not to be found 
 
 Offences by ■•...', 
 
 Fees to be paid by assignee to 
 
 Oath of— as to expenses not conclusive 
 
 Word " Messenger " what to include 
 
 See ^^MarsJial" and "JZwZes in Jikpiity, Supreme Cburt United States." 
 MICHIGAN— 
 
 The Judge of the Circuit Court United States foiv- times and places of 
 holding court in 
 
 Judges of District Courts United States for— residences in — places of 
 holding courts — extent of United States districts of. 
 
 Registers in bankruptcy in— residences of in — Congressional districts in. 
 
 United States Marshals for — their districts and residences in 
 
 G. C. 
 
 25 
 
 113 
 
 12 
 
 37 
 
 44 
 
 13 
 
 39 
 
 44 
 
 27 
 
 122 
 
 63 
 
 27 
 
 123 
 
 64 
 
 27 
 
 124 
 
 64 
 
 28 
 
 125 
 
 64 
 
 2,S 
 
 126 
 
 65 
 
 43 
 
 162 
 
 82 
 
 37 
 169 
 160 
 167 
 169 
 169 
 170 
 
 109 
 
 112 
 
 114 
 
 114 
 
 117 
 
 243 
 
 244 
 
 246 
 
 222 
 
 248 
 253 
 322 
 
 221 
 
 248 
 253 
 324 
 325 
 326 
 
 114 
 
 44 
 81 
 81 
 
 2e2 
 
 226 
 236 
 
INDEX. 
 
 429 
 
 
 Sbo. 
 
 G. 0. 
 
 Page. 
 
 MICHIGAN— Continued. 
 
 Clerks of tho United States courts in 
 
 
 
 263 
 
 
 
 
 326 
 
 
 
 
 327 
 
 Limitation and interest laws of 
 
 
 
 328 
 
 MINNESOTA— 
 
 The Judge of the Circuit Court United States for — times and places of 
 
 
 
 223 
 
 Judge of Distiict Court United States of— residence in— places of hold- 
 ing court — C'Xlent of United States district of. 
 
 
 
 226 
 
 Registers in bsinkruptcy in — residences of in — Congressional districts in. 
 
 
 
 236 
 
 
 
 
 248 
 
 Clerks of United States courts in 
 
 
 
 263 
 
 
 
 
 328 
 
 
 
 
 329 
 
 
 
 
 330 
 
 
 
 
 331 
 
 MINUTES BEFORE REGISTERr- 
 
 See ''Rmster," "Glerk," and "MUng." 
 MISDEMEANORS— 
 
 41 
 41 
 
 166 
 166 
 
 81 
 
 
 81 
 
 MISSISSIPPI— 
 
 The Judge of the Circuit Court United States foi^times and place of 
 
 ,222 
 
 Judge of District Courts United States of— residence in— places of hold- 
 
 
 
 222 
 
 Registers in bankruptcy in— residences of in— Congressional districts 
 
 
 
 236 
 
 
 
 
 248 
 
 
 
 
 253 
 
 
 
 
 331 
 
 
 
 
 332 
 
 MISSOURI— 
 
 The Judge of tho Circuit Court United States for— times and pla^e of 
 
 
 
 223 
 
 Judges of District Courts United States of— residences in — places of 
 
 
 
 227 
 
 Registers in bankmptcy in — residences of in — Congressional districts 
 
 
 
 237 
 
 United States Marshals for — their districts and residences in 
 
 
 
 248 
 
 
 
 
 254 
 
 
 
 
 332 
 
 
 
 
 333 
 
 
 
 
 334 
 
 
 
 
 835 
 
 MODE OP SELLING OR OTHERWISE DISPOSING OF PROPERTY— 
 
 16 
 
 64 
 
 49 
 
 Assignees to give ten days notice of sale of— by publication— court may 
 order private sale— franchise of corporations — how to be sold—real 
 estate ditto. (General Order, Rule 21) -. 
 
 113 
 
 MONEY ORDERS- 
 
 
 
 403 
 
 MONTANA (Tereitoey)— 
 
 
 
 229 
 
 
 
 
 242 
 
 
 
 
 248 
 
 
 
 
 336 
 
 MORTGAGE— 
 
 14 
 14 
 20 
 20 
 20 
 
 51 
 
 68 
 98 
 97 
 93 
 
 47 
 
 
 48 
 
 
 65 
 
 
 55 
 
 
 68 
 
 NEBKASKA— 
 
 Tbe Judge of the Circuit Court United States for— time and place of 
 
 223 
 
 Judge ol District Court United States of— his residence— place of hold- 
 
 
 
 227 
 
 
 
 
 239 
 
 
 
 
 249 
 
 
 
 
 306 
 
 
 
 
 337 
 
 Interest laws of. 
 
 
 
 SoS 
 
430 
 
 INDEX. 
 
 NEVADA— 
 
 The Judge of the Circuit Court United States for— times and place of 
 
 holding Court in 
 
 Judge of District Court United States of— residence in — place of hold- 
 ing Court in— United StatesDistrict of defined 
 
 Register in Bankruptcy in — residence of in— Congressional districts of 
 
 United States Marsiial for — his district and residence in 
 
 Clerks of United States Courts in 
 
 Exemption and lien laws of. .; 
 
 Collection and limitation laws of. .*. 
 
 Interest laws of 
 
 NEW HAMI>SIIIIIB— 
 
 The Judges of the Circuit Court United States for — times and places of 
 
 holding Court in 
 
 Judge of District Court United States of— residence in — places of hold- 
 ing. Court — United States district of defined 
 
 Registers in Bankruptcy of— residences of in — Congressional districts of. 
 
 United States Marshal for — his district and residence in 
 
 Clerks of United States Courts in 
 
 Exemption laws of 
 
 Lien, collection, limitation, and interest laws of 
 
 NEW JERSEY— 
 
 The Judge of the Circuit Court United States for — times and place of 
 
 holding Court in 
 
 Judge of District Court United States of^residence in — place of hold- 
 ing Court — extent of United States district of. 
 
 Register's in Bankruptcy in — residences of in — Congressional districts of, 
 
 United States Marshal for — his district and residence in 
 
 Clerks of United States Courts in 
 
 Exemption and lien laws of. 
 
 Collection and limitation laws o£ 
 
 Interest laws of, 
 
 NEW MEXICO— 
 
 Chief Justice Supreme Court of — his residence in 
 
 Register in Bankruptcy of — his residence in 
 
 United States Marshal of — his residence in 
 
 Interest laws of. , , 
 
 NEWSPAPERS— 
 
 See *'Notices" "Fublicatvm." and "Orders" 
 NEW YORK— 
 
 The Judge of the Circuit Court United States for — times and places of 
 
 holding Court in 
 
 Judges of the District Courts United States of — their residences in — 
 
 places of holding Courts in — United States districts of defined 
 
 Registers in Bankruptcy in — residences of in— Congressional districts of 
 
 United States Marshal for — his district and residence in 
 
 Clerks of United States Courts in 
 
 Exemption laws of 
 
 Lien laws of. 
 
 Collection laws of. 
 
 Limitation and interest laws of. 
 
 NORTH CAROLINA— 
 
 The Judge of the Circuit Coui-t United States for — times and place of 
 
 holding Court in : 
 
 Judge of the District Court United States of — his residence in — ^places 
 
 of holding Court — extent of United States district 
 
 Registers in Bankruptcy in — residences of in — Congressional districts of 
 
 United States Marshal for — his district and residence in 
 
 Clerks of United States Com-ts in 
 
 Exemption laws o£ 
 
 Lion, collection, limitation, and interest laws of. 
 
 NOTES- 
 
 Of leading cases 
 
 As to ancient Bankruptcy enactments — cessio bonorum — the "Pan- 
 dects" — laws of France, Holland, Germany, and Scotland — Bank- 
 
 ruptcy and Insolvency.' 
 
 First English statutes as to Banki'uptcy 
 
 As to late English enactments 
 
 Ab to Supreme Court of District of Columhia — ^Territorial Courts 
 
 As to error in approved act 
 
 On compensation of Assignees 
 
 Enumerating Acts of Bankruptcy 
 
 Correcting Act 
 
 Superseding Bankruptcy proceedings by arrangement, &c 
 
 As to offences under the Act 
 
 Of decisions as to penalties 
 
 As to Bonior Register. 
 
 G. 0. 
 
 PaO£. 
 
 74 
 
 42 
 
 47 
 
 1C9 
 
 227 
 237 
 248 
 264 
 338 
 340 
 341 
 
 227 
 237 
 248 
 254 
 341 
 342 
 
 221 
 
 227 
 237 
 248 
 234 
 343 
 344 
 345 
 
 242 
 248 
 345 
 
 227 
 237 
 248 
 254 
 345 
 346 
 351 
 352 
 
 228 
 
 238 
 249 
 254 
 352 
 353 
 
 IS 
 
 26 
 28 
 29 
 S3 
 47 
 51 
 77 
 81 
 82 
 85 
 86 
 
INDEX. 
 
 431 
 
 KyiES—Omtinued. 
 
 As to attoruey'B fees 
 
 As to intorprotiition of terms under English laws 
 
 As to power ot' Congress to ennct Bankrupt laws 
 
 As to rules is. equity and Circuit Court rules 
 
 As to forms for proof of debts 
 
 As to olQce-book forms 
 
 As to judicial districts of Michigan 
 
 As to judicial districts generally 
 
 As to deposit of $50 to cover f^esof Register, &c 
 
 As to non-residence in districts and States of Registers 
 
 As to omissions in the olBcial list of Registers 
 
 As to United States Marshals — present Aiarshal of the Supreme Com't 
 Uuited States, &c 
 
 As to present Clerk of the Supremo Court United States — when ap- 
 pointed, &c 
 
 As to serving of Circuit and District Court Clerks 
 
 Assignees in Bankruptcy — English^ystemas to whomay and who may 
 not be ABSignocB in 
 
 As to lien laws in Maryland 
 
 As to exemption and lien laws in Utah — explanations as to omissions 
 
 in abstracts of exemption, lien, and limitation laws of States, &g 
 
 NOTICE— 
 
 Of appeal from District to Circuit Court 
 
 For meeting of Creditors — what to contain 
 
 If not given as required in warrant, a new one to be given 
 
 To be given to Assignee before commencing action against him 
 
 Of Assignee's appointment to be published by him 
 
 Of dividends, to be given to Creditors by mail 
 
 Of meetings ordered by Court 
 
 To Assignee before his removal 
 
 To Bankrupt to attend and submit to examination 
 
 For general meeting of Creditors 
 
 To Creditors by Assignee of his application for settlement of his ac- 
 count 
 
 To Creditors when Bankrupt applies for discharge 
 
 To Bankrupt on application to set asjde hisdischarge 
 
 See ^'Messengers," and "List of SanJcruptcy Court Forms" 
 NOTIFICATION TO ASSI&HEE- 
 
 Of his appointment — may be personal or by mail — what to contain — 
 Qeneral orders, Rule 
 
 O.C. 
 
 OATH— 
 
 Of allegiance to be taken on filing petition 
 
 In verificaliou of claim 
 
 "When, verifying claim may be — by Attorney 
 
 Before whom to be taken when Creditor is in foreign country 
 
 The word ."Oath" includes affirmation 
 
 See list of Bankruptcy Court Forms for various forms of oaths 
 
 OFFENCES UNDER THE ACT— 
 
 See *' Forgeries," *' Misdemeanors" "OJ^lcers" and ^^ Banlerupts." 
 OFFICE BOOKS— 
 
 See " Banlcruvtcy Court Fbrms.^* 
 OFFICERS IN BANKRUPTCY— 
 
 Not to receive any fee or gratuity other than allowed in Act 
 
 May be punished by Jine and Imprisonment for so doing 
 
 See *' District Judges," " Registers" "Assignee," "Marshal," and"Cfcrfcs 
 U. 3. Courts." 
 OHIO- 
 
 The Judge of the Circuit Court United States for — times and places of 
 holding court 
 
 Judges of District Courts United States of— their residences in — ^places 
 of holding courts — extent of United States Districts of. 
 
 Registers in bankruptcy for— residences of in — congressional districts of 
 
 United States Marshals for — their districts and residences in 
 
 Gierke of United States courts in 
 
 Exemption laws of. 
 
 Lien laws of. 
 
 Collection and limitation laws of. 
 
 Interest laws of. 
 
 OMISSIONS— 
 
 Bankrupt may give omitted or new names of Creditors to Messenger.. 
 
 Where Creditors omit to choose Assignee, what? 
 
 Where Assignee omits to give required bond, what? 
 
 Where Creditor omits to prove his claim, what? 
 
 H 
 12 
 14 
 14 
 17 
 17 
 18 
 26 
 27 
 
 11 
 
 22 
 22 
 22 
 48 
 
 45 
 45 
 
 37 
 65 
 
 eo 
 
 73 
 73 
 76 
 114 
 122 
 
 129 
 131 
 141 
 
 35 
 103 
 103 
 103 
 170 
 
 167 
 167 
 
 Pass, 
 
 80 
 119 
 199 
 212 
 220 
 229 
 232 
 232 
 242 
 
 243 
 
 251 
 253 
 
 255 
 323 
 
 S67 
 
 40 
 43 
 
 44 
 48 
 48 
 61 
 61 
 51 
 61 
 63 
 
 65 
 67 
 72 
 
 107 
 
 43 
 
 67 
 58 
 68 
 88 
 97 
 
 U 
 13 
 13 
 19 
 
 40 
 45 
 92 
 
 85 
 85 
 
 249 
 264 
 353 
 354 
 355 
 356 
 
 43 
 
 44 
 45 
 54 
 
432 
 
 INDEX. 
 
 Sec. a. C. 
 
 OMISSIONS— Cmtinuei. 
 
 In schedules may at all times be corrected by Bankrupt 
 
 Of material matter from schedule with fraudulent intent a misdemeanor 
 
 General orders as to— Kule 33 
 
 OPPOSITION— 
 
 Where no — on last examination of Bankrupt, Register to pass same 
 
 To issue of fact or law in proceedings before llegister- how disposed of 
 
 To final discharge — party must iile specification of grounds of. 
 
 To discharge by Creditor — time of so doing — enlarge of time — order of 
 
 District Court thereon — General orders, Rule 24 
 
 ORDER— 
 
 May be given directing attendance of Register at certain time and place. 
 
 May issue for removal of Register by District Judge 
 
 May issue compelling contumacious witness to pay costs — to answer 
 questions on examination — punishing him for contempt 
 
 Of notification or warrant on Debtor's petition 
 
 May be made by court fixing time, place, and manner of sale by as- 
 signee of unencumbered property 
 
 Of settlement of matters in controversy by arbitration or composition.. 
 
 Of court for meeting of Creditors to remove Assignee 
 
 Compelling outgoing Assignee to perform duty 
 
 Tor assessment of damages for personal property wrongfully taken by 
 Bankrupt 
 
 May issue — staying proceedings to obtain judgment by Creditor, &c.... 
 
 May issue — compelling examination of any party in proof of claims.... 
 
 As to sale of property perishable or in dispute 
 
 May be given requiring Bankrupt or other party to attend and be ex- 
 amined 
 
 As to securing attendance of imprisoned, absent, or disabled Bankrupt. 
 
 Bankrupt at all times subject to — of court 
 
 Requiring attendance of wife of Bankrupt 
 
 May issue — calling general meeting of creditors 
 
 When issued by Register declaring dividend 
 
 No more meetings of Creditors after third meeting unless under — by 
 Court '.: 
 
 Disposition of uncollectable debts of estate subject to — of court 
 
 Of examination of Assignee in submitting his accounts 
 
 To issue, declaring dividend on final accounting of Assignee 
 
 Calling of extra meetings in dofauU of 2d and 3d meetings 
 
 Of priority — of payment of dividend % 
 
 Of notice to Creditors to show cause why discharge should not be 
 granted i 
 
 Tor trial of question of fact presented in opposition to discharge 
 
 Of discharge 
 
 May issue— requiring discharged Bankrupt to answer to appkcation 
 of Creditor contesting the same p 
 
 Court may annul — on failure of Creditor to successfully contest dis- 
 charge 
 
 As to — of reference of examination to ROgisteror other suitable person. 
 
 To Debtor in involuntary bankruptcy — to show cause why petition of 
 Creditor should not be granted 
 
 May issue, enjoining Debtor from disposing of his property in any way 
 — arrest of Debtor and requiiing bail — copy of latter to be served on 
 Debtor 
 
 Of publication of— when same not personally or otherwise served on 
 Debtor, Ac 
 
 On proof of service of—on debtor, what 
 
 Of a(^'udication in involuntary bankruptcy — what to require 
 
 When BankiTipt fails to appear or cannot be found service of latter how 
 made 
 
 Proceedings under 43d section to be conducted by — of court 
 
 To issue under latter directing the winding up and settlement of Bank- 
 rupt's estate '• 
 
 May issue — compelling examination, &c., as in other proceedings under 
 
 the Act 
 
 , As to discharge under 43d Section identical with — in other proceedings 
 
 Forgery of Judge or Register's signatures upon — a felony punishable 
 by fine and imprisonment 
 
 Pees of Register on issuing 
 
 Of extra allowance, &c 
 
 Decreasing or increasing fees and costs may be made by Supreme 
 Court 
 
 Designating Register to name day of appearance of Bankrupt, Ac. — 
 Service of on Register — General Order, Rule 4 
 
 Designating Register shall specify time when and place where he is to 
 act in any case— General order, Rule 5 
 
 26 
 44 
 
 117 
 166 
 
 i 
 4 
 31 
 
 5 
 5 
 
 7 
 11 
 
 15 
 17 
 18 
 18 
 
 19 
 21 
 
 22 
 25 
 
 26 
 
 26 
 26 
 26 
 27 
 27 
 
 28 
 28 
 28 
 28 
 28 
 28 
 
 40 
 
 40 
 42 
 42 
 
 42 
 43 
 
 43 
 
 14 
 
 16 
 
 136 
 
 19 
 21 
 
 65 
 75 
 
 77 
 S3 
 
 99 
 106 
 112 
 
 114 
 115 
 116 
 118 
 122 
 124 
 
 126 
 127 
 129 
 129 
 129 
 130 
 
 131 
 135 
 136 
 
 141 
 
 141 
 
 161 
 
 156 
 167 
 159 
 
 160 
 162 
 
 164 
 164 
 
 168 
 169 
 169 
 
 62 
 
 84 
 
 119 
 
 36 
 37 
 
 114 
 
 37 
 
 40 
 43 
 
 49 
 61 
 61 
 52 
 
 66 
 56 
 S3 
 60 
 
 61 
 61 
 
 62 
 62 
 
 65 
 65 
 66 
 
 67 
 69 
 70 
 
 72 
 
 72 
 77 
 
 79 
 
 81 
 81 
 81 
 
 81 
 82 
 
 83 
 86 
 
 105 
 105 
 
INDEX. 
 
 433 
 
 OViDUn— Continued. 
 
 Ill perfbrmiog duties required by Register to use all reasonable dls- 
 patoh— Qeneral order, Rule 6 
 
 By Register wben adverse interests are represented — and when they 
 are not— General order, Rulo 8 
 
 May isBuo by court coneolidating two or more petitions against Debtor 
 — Geiiot-ttl order, Rule 15 
 
 On application to court by Assignee for authority to settle by arbitra- 
 tion or composition — General order, Rule 20 
 
 Of sale of personal property by private sale intact or in lots— and to 
 dispense with publication of notice of^General order, Rule 21 
 
 General— as to perishable property — Rule 22 
 
 As to enlarging time when Creditor to show cause, &c — General order, 
 Rule 24 
 
 Naming day for Creditor to appear and show cause — to name same day 
 for second and third meeting of Creditors to be held 
 
 Producing imprisoned Debtor on hdbeascorpus — General order, Rule27, 
 
 As to payment of fees and cost^in each case out of fund in court— 
 General orders, Rule 29 
 
 Fees of Register for copy of 
 
 Of Court as to fees and costs when Debtor has no means 
 
 Special — may be made by District Judge in particular cases — General 
 
 orders, Rule 32 
 
 See " General Orders," and " J^tths." 
 ORDERS— 
 
 Justices of the Supreme Court TTnited States to frame general — for reg- 
 ulating the practice in bankruptcy proceedings 
 
 Such general — to be reported to Congress 
 
 See " General Orders," " District (^rts" " Begisteas," and " Bank- 
 ruptcy Cowtt Mirms." 
 OREGON— 
 
 The Judge of the Circuit Court United States for — times and place of 
 holding Court in 
 
 Judge of District Court United States of— his residence in — place of 
 holding court— extent of United States district of. 
 
 Register in Bankruptcy for— residence of in— Congressional districts of 
 
 United States Marshal for — his district and residence in 
 
 Clerics of United States Courts and residence in 
 
 Exemption laws of. - 
 
 - Lien laws of 
 
 CollectioD, limitation, and interest laws of. 
 
 Seo. 
 
 G.C. 
 
 PARTIES— 
 
 Raising questions of law or fact to state same in writing 
 
 May make up special case for opinion of Court 
 
 May fix upon sum of money to be paid, and settle disputed claim, under 
 order of Court 
 
 When summoned in proceedings, to have protection 
 
 As to appearance of— General orders, Rule 3 
 
 See General orders, Rule 18, as to — refusing to join in copartnership 
 Bankruptcy proceedings 
 
 See "Appeal." '^Opposition:-' ^^Question," and ^''Witnesses." 
 PARTNERS— 
 
 Where adjudged Bankrupt — warrant to issue to take their property 
 
 General and private creditors of— allowed to prove their debts 
 
 Assignee— by whom to be chosen 
 
 Net proceeds of partnership and individual property — how applied 
 
 Certificate of discharge to 
 
 Proceedings against— when as if against individual Bankrupt 
 
 R«sidiDg in different districts— effect of as to jurisdiction 
 
 When one — refuses to join in petition, what? — right of petitioning as 
 to appearance — proofs and defences — what requii'ed to do in case of 
 adjudication — General orders, Rule 18 
 
 See " Co-par6ners." 
 PARTNERSHIPS— 
 
 Notes and cnses aa to • 
 
 See '• C'MpartnerSf" and "Partoiers." 
 PAYING INTO COURT- 
 
 PAYMENT 
 
 Notice of-— of dividends to Creditors 17 73 
 
 Wlure made by Creditor as surety, &c., for Bankrupt, after proceedings 
 
 commenced 19 80 
 
 Where fiiinkrupt liable for rent at stated periods 19 93 
 
 No priority of— of Creditors whose debts are duly proved to be allowed, I 27 120 
 
 28 
 
 10 
 10 
 
 31 
 32 
 
 16 
 
 24 
 
 25 
 
 146 
 146 
 146 
 146 
 146 
 146 
 146 
 
 rAGI. 
 
 106 
 106 
 110 
 112 
 
 lis 
 
 114 
 
 117 
 117 
 
 lis 
 
 41 
 42 
 
 264 
 366 
 357 
 35S 
 
 37 
 39 
 
 39 
 39 
 104 
 
 111 
 
 74 
 74 
 74 
 74 
 75 
 75 
 75 
 
 112 
 22 
 
 53 
 64 
 
434 
 
 INDEX, 
 
 VAYUENT—Omtinued. 
 
 Not to be made upon any debt claimed by any one liable as snrety 
 until satisfactorily proved 
 
 Of dividends, to be made as Court directs 
 
 Order of— of dividend, priority of, &c 
 
 Preferred— of debt in contemplation of Bankruptcy, fraud , 
 
 After — of joint debts of partnership, if balance, how disposed of. 
 
 EflFeet of any — made in fraud of Act by Debtor, same -when made by 
 partnership or corporation 
 
 When made with intent to delay or defraud Creditor, what? 
 
 Debtor enjoined from making — when? 
 
 Any unauthorized — m^e by Debtor or Bankrupt after commencement 
 of proceedings, a misdemeanor, etc.../ 
 
 3?or services of Register and Marshal, &c 
 
 Of fees of ofBcers to be made (unless secured) before commencement 
 of proceedings 
 
 See References as to fees of various o^ers of Court, <&c. 
 PENALTIES AGAINST BANKRUPTS— 
 
 Special note as to ^ 
 
 Eor secretion of his property, concealment, mutilation, falsification of 
 documentary evidence of property in fraud of the Act 
 
 For payment or transfer of property, or omissions from schedule with 
 like intent — gaming 
 
 For proving fictitious claims, losses, or expenses, fraudulently obtain- 
 ing credit, or pledging or pawning property with fraudulent intent, 
 to be deemed misdemeanors, and punishable by fine and imprison- 
 ment 
 
 General note as to — and English decisions 
 
 PENALTIES AGAINST OTEICEKS— 
 
 Special note as to 
 
 See "5n'6e5," "Offences," and "Imprismment?^ 
 PENALTIES— 
 
 For offences committed against officers in Bankruptcy Courts 
 
 See "Forgery," "Counterfeiting," and "Fel(my" 
 PENNSYLVANIA— 
 
 The Judge of the Circuit Court for— times and places of holding 
 Court in 
 
 Judges of District Courts ttaited States for — residences in — places of 
 holding Courts in — United States districts of— defined - 
 
 Eegisters in Bankruptcy for — residences of in — Congressional dis- 
 tricts of. 
 
 United States Marshals for — their districts and residences in 
 
 Clerks of United States Courts in 
 
 Exemption and lien laws of. 
 
 Collection, limitation, and interest laws of. 
 
 PEEJUEY— 
 
 False swearing before Eegister considered as 
 
 PERISHABLE PBOPEETY— 
 
 Court may order to be sold, £c 
 
 General order as to sale of.— and disposition of proceeds^Rule 22 
 
 See list of forms of " Petitions," and " Orders" 
 
 PETITIONEE [In VoLnKiAEY BANsaiUPioY]- 
 
 Who may be 
 
 Petition, what to contain 
 
 Verified schedule and inventory to be annexed to petition by 
 
 Adjudged Bankrupt on filing petition 
 
 To take oath of allegiance to United States 
 
 See "Bankruptcy Court Forms" 
 
 PETITIONER [In Ihvoluntaet Bankruptcv] — 
 
 Who may be - 
 
 Proceedings to be had thereupon - 
 
 Failing to appear on the return or adjourned day, what? 
 
 See "Debtor" and " List of Forms" 
 
 POSTAL EEGDIATIONS [United States]— 
 
 As to transmission of moneys — Appendix...'. 
 
 Domestic postage rates 
 
 Postnge to foreign countries 
 
 PRACTICE— 
 
 See "Butes," and "General Orders." 
 PKEFERENCE— 
 
 Ot claims in order for their payment 
 
 PREFEKENCB3 AND CONVEYANCtS IN TEAUD OF ACT— 
 
 Notes and cases ns to 
 
 Wlien made within four montlis of act of bankruptcy void 
 
 When made — Assignee may recover property or value — and n 
 
 Any disposition of property of debtor witbiu six montlis of filing peti- 
 tion tending to defeat act, void 
 
 Sbo. 
 
 27 
 2T 
 28 
 35 
 36 
 
 37 
 39 
 40 
 
 44 
 47 
 
 44 
 44 
 
 G.O. 
 
 121 
 
 124 
 130 
 142 
 146 
 
 166 
 
 166 
 166 
 
 168 
 
 112 
 
 33 
 33 
 33 
 34 
 35 
 
 152 
 163 
 161 
 
 142 
 142 
 
 Page. 
 
 64 
 
 72 
 74 
 
 147 76 
 
 162 78 
 
 153 79 
 
 85 
 
 87 
 
 117 
 
 24 
 
 84 
 84 
 
 85 
 85 
 
 24 
 
 35 I 143 
 
 239 
 249 
 264 
 369 
 860 
 
 114 
 
 97 
 
 42 
 42 
 42 
 43 
 43 
 97 
 
 78 
 79 
 81 
 97 
 
 403 
 404 
 403 
 
 22 
 72 
 73 
 
 73 
 
INDEX. 
 
 435 
 
 PREFERENCES, A 0.— Continued. 
 
 Any contract or indncemont of creditor to forbear, void 
 
 "When creditor coUudeB with any one to fraudulently favor or oppose 
 bankruptcy, &c 
 
 See ^-Acts of Bankruptcy" and *^Offences." 
 PREPAYMENT OR SECUKITT FOR FEES— 
 
 Of officers to be required — of witnesses to be tendered when summoned. 
 
 (General Orders, Rule 29.) 
 
 PROCEEDINGS IN BANKRUPTCY— 
 
 Filing petition the commencement of. 
 
 In all cases to be deemed matters of record 
 
 Bow to bo disposed of 
 
 Certified copies of-^n'ma facie evidence of facts therein stated 
 
 Evidence of examination in-^how and before whom taken 
 
 process- 
 How to issue— how tested and by whom— clerk of court to furnish 
 blanks to Register, with seal of court. (General Orders, Rule H) 
 
 See "Orders" and "Services" 
 PRINTERS— 
 
 Fees of— for publication, and what to be deemed a folio in calculating... 
 PRIORITY— 
 
 Not -allowed to any creditor who hEia duly proved his claim, except to 
 employes, the amount of whose debts, respectively, does not- exceed 
 fiity dollars 
 
 What debts of bankrupt entitled to — of payment of dividend 
 
 Where two petitions are filed against same debtor, and where several 
 petitions recite similar acts, what? (General Order, Rule 15) 
 
 Where several petitions filed against same party. (General Order, 
 Rule 16) 
 
 Where several petitions against firm are filed in several courts 
 
 Where several petitiODB are filed by different members of the same co- 
 partnership, what? /. .., '. 
 
 PROOF OF DEBTS— 
 
 All debts existing at tame of adjudication may be proved — fiduciary 
 debts excepted *■ 
 
 See leading decisions as to 
 
 Debts provable — where payable at present, or infutwo — rebate of in- 
 terest on 
 
 Demands for property taken by bankrupt may be proved 
 
 Bankrupt's liability as drawer, endorser's surety, or guarantor, may be 
 proved * < 
 
 His contingent liabilities may be proved 
 
 Hia liabilities fur money paid for him by bail or other surety may be... 
 
 When creditor has omitted to prove claim, same may still be' admitted... 
 . Iiiability for debts falling due at stated periods may be proved 
 
 Claims for unliquidated damages may be proved, and when? 
 
 No other debts than asenumeratedinactmay bo proved .^.-. 
 
 Creditor may release or convey claims to assignee and be adrninted to 
 prove, &c 
 
 Where value of property held as security of claim agaiust .bankrupt is 
 in excess, what? , 
 
 Creditor proving claim cannot maintain suit or obtain judgment 
 thereon •> 
 
 As to — where debtor liable upon distinct contract as member of several 
 bankrupt firms * -. 
 
 Whom to bo made before 
 
 How to be made 
 
 Claim to be verified, how, and before whom 
 
 Howciirporationa may verify their claims 
 
 When claims as proved to be sent to" assignee 
 
 When not duly proven to be rejected 
 
 Proof of questionable claim may be postponed 
 
 Proof of preferred creditor not admitted before his surrender of all 
 property of bankrupt held by to assignee,....' 
 
 All clitims duly proved to be allowed, and list of same certified and sent 
 to a'ifignee 
 
 When claim rejected by District Court — may be appealed and how? 
 
 Wlien instrument of proof to be returned to creditor 
 
 PROPER lY— 
 
 When perishable may he sold and how? 
 
 lu dispute, which is in possession of, or claimed by assignee, maybe sold 
 
 Action to recover same may be commenced before order of sale 
 
 See "-Pen&hable Property." 
 PROPERTY IN DISPUTE- 
 
 See *■ Arbitrators," "Arbitration," and ^'Assignee," 
 PROPEltTY THANSFERlvED TO ASSIGNEE— 
 
 See '"Asscgnee^" and " Convey arice." 
 
 G.O. 
 
 145 
 
 148 
 
 76 
 
 149 
 
 78 
 
 149 
 
 76 
 
 150 
 
 77 
 
 161 
 
 7T 
 
 120 
 130 
 
 19 
 
 S7 
 
 63 
 
 19 
 
 S8 
 
 63 
 
 19 
 
 89 
 
 63 
 
 19 
 
 90 
 
 54 
 
 19 
 
 91 
 
 54 
 
 19 
 
 92 
 
 54 
 
 19 
 
 93 
 
 54 
 
 19 
 
 94 
 
 65 
 
 19 
 
 94 
 
 55 
 
 100 
 101 
 102 
 103 
 104 
 105 
 106 
 107 
 
 109 
 110 
 111 
 
 112 
 113 
 113 
 
 PAQI!. 
 
 73 
 74 
 
 117 
 
 104 
 
 257 
 
 110 
 lU 
 
 in 
 
 19 
 
 19 
 
 65 
 
 65 
 67 
 57 
 68 
 68 
 
 69 
 59 
 60 
 
 61 
 
436 
 
 INDEX. 
 
 PROTECTION— 
 
 Register may grant • 
 
 Parties and witnesscB summoned before register to have 
 
 Bankrupt to recelYo certificate of— from arrest — when. (General Order, 
 
 Rulel) « 
 
 PUBLIC OFFICER^ 
 
 See '•'■Fiduciary Debts^" ^^jEhribezzlefinent," and "FroMd," 
 
 QUESTION— 
 
 Of allowance or suspension of order of discharge, register-not to hear..- 
 
 Of law or fact before Register to be stated in writing 
 
 Where same arises in any proceedings the same to be stated in special 
 
 case to court — decision of Judge thereon to be final 
 
 Parties may agree to settle on Judge's opinion 
 
 Proof of questionable claims, &c 
 
 As to title to real or personal estate — what 
 
 Of fact arising on opposition — discharge may be tried by District Court- 
 As to validity of discharge may be raised in two years after same was 
 
 granted....'. „...-»«-.«.,« «.. 
 
 See "^mes," and 
 
 KECORDS— 
 
 The filing, custody, and inspection of— to be regulated by General or- 
 
 dersof the Supeemb Court United States 
 
 See "Assignment." and "Proceedings in Banlcnvptcy" 
 REDEMPTIONS AND COMPOSITIONS— 
 
 Assigoee may redeem any mortgage, conditional contract, pledge or 
 
 lien, &c 
 
 "Where Creditor holds securities for debts of Bankrupt, and the value 
 
 of the same exceeds debt, may redeem or whatf « 
 
 When desirable to redeem any portion of the estate-of Bankrupt from 
 
 lien, himself or Creditor to file application with Clerk, &c.—-iGreneral 
 
 order, Rule 12 
 
 The same when desirable to compoundaany debts, &c 
 
 Notice of hearing therefore to be-published, &c .....»...» 
 
 REFERENCES TO DECISIONS, Etc.- 
 
 See "AddencUiJ' and "Notes." 
 REGISTERS— 
 
 To be nominated by Chief JnsnoE „ „ »»,« 
 
 Appointment to be confirmed by District Court Judges 
 
 One or more may "be appointed in each Congressional district....... 
 
 "Who eligible as < > <(u.. 
 
 To give bond, with sureties it» mu 
 
 form of bond of. 
 
 ^o take prescribed oath 
 
 Form of oath -of. 
 
 Powers and, duties of. 
 
 May act for each other , 
 
 Limitation of powers of. r- 
 
 Issues of fact or of law — how disposedrf)f by 
 
 ^ot CO act as counselor executor, &g. — when? 
 
 Not to be interested in fees — ^when? , 
 
 iFees of— by whom to be paid 
 
 5?o attend wherever directed by District Judge, for hearing voluntary 
 
 applications in unopposed ca.<?es 
 
 Travelling and incidentalexpenses of— while so acting — out of what 
 
 paid 
 
 Tested with powers of District Court- to what extent, while eo acting, 
 
 Depositions before — to be in writing, &q 
 
 Subject to removal by District Jurlge , 
 
 Vacancy in office of— to be promptly filled unless? 
 
 As to certifying questions by— to District Jud^e, for hia opinion 
 
 Parties aod witnesses bound to attend'before— when summoned 
 
 False swearing before — deemed perjury 
 
 Relusal to answer or to swear to, or sign examinalion before — how 
 
 punishable 
 
 To preside at meetings of Creditors 
 
 Assignee lo be chosen in presence of. 
 
 May appoint Assiguee on fuilure of Credirors to clioosie 
 
 May appoint loflil placoof Assignee fiiihiig lo accept J 
 
 To approve bond of Assignee 
 
 To convoy B.iuUrupL'd esiiito to Assignee, where there is no opposing 
 
 interest ^ » , 
 
 4 
 
 16 
 
 37 
 
 4 
 
 16 
 
 37 
 
 fi 
 
 24 
 
 39 
 
 « 
 
 ■a 
 
 39 
 
 2S 
 
 107 
 
 59 
 
 25 
 
 113 
 
 60 
 
 31 
 
 135 
 
 69 
 
 10 
 
 G.C. 
 
 31 
 
 68 
 
 13 
 
 Page. 
 
 39 
 105 
 
 71 
 
 41 
 
 48 
 65 
 
 111 
 111 
 111 
 
 36 
 35 
 35 
 35 
 36 
 
 ISl 
 36 
 
 176 
 36 
 37 
 37 
 37 
 37 
 37 
 37 
 
 37 
 
 38 
 
 3S 
 38 
 38 
 33 
 38 
 
 40 
 
 44 
 41 
 44 
 44 
 45 
 
 4S 
 
INDEX. 
 
 437 
 
 Seo. 
 
 a.c. 
 
 Paqb. 
 
 EEGISTERS— ConWnwed. 
 
 Proofs of debts, to be made before ■ ... 
 
 If satisfactory to— such proofs to be sent to Assignee. 
 
 Xo make and certify list of debts proved 
 
 !Fo prepare list of Creditors entitled to dividend within ten days after 
 
 same is declared 
 
 To forward to each Creditor statement of dividend 
 
 Offences by — how punished..... 
 
 I'orging signature of, &c.— how punished 
 
 Special fees of. 
 
 ^o be furnished with necessary hlanl:e, with signature of Clerk and seal 
 
 of Court thereon — General orders. Rule 2 
 
 Beference under Act — cases as to 
 
 All proceedings to be had before him, except — what? 
 
 Order designating to name time and appearance of bankrupt 
 
 Service of order upon 
 
 Time, place, and in what — to be controlled by District Courts 
 
 Their duties in uncontested cases defined 
 
 Dispatch of business by — General order, Rule 6. 
 
 To examine and certify as to sufBciency of papers 
 
 Orders by — General orders, Rule 8 
 
 To notify Assignee of his appointment — how and when — General order, 
 
 Rule 9 
 
 Testimony and examination before — how taken — General order. 
 
 Rule 10 
 
 Minutes before — filing, &c. — General order, Rule 11 
 
 Accounts of — to be verified — return made first Tuesday of every month- 
 General order. 
 
 Returns of Marshal on process, &c., may bo made before — General 
 
 order, Rule 13 
 
 Second and third meetings of Creditors before — &o 
 
 Checks drawing moneys of Bankrupt's estate from place of deposit to 
 
 be countersigned by — General order. Rule 28 
 
 Prepayment or security for fees of — General order, Rule 29 
 
 Rule as to fees of. 
 
 General remarks and references as to 
 
 "Who may be — duties of— proofs before — General schedule of fees of— 
 
 andn 
 
 last of— in the TJniled States — ^residences of in the United States — their 
 
 districts defined, andn'^ 
 
 RENT— 
 
 Liability of Bankrupt for, &c »« 
 
 See ^AssignTibmt" "Assignees" and "Proof of Debts" 
 KESIDBNCE— 
 
 Party petitioning must reside in tTnited States 
 
 Petitioners must set forth — in petition 
 
 Of each Creditor, if known, to be stated in schedules 
 
 Distant — of Creditor — claims not proved by reason of— how provided 
 
 for 
 
 Of Chief JtrSTlCE Supreme Court United States ,. 
 
 Of Associate Justices Supreme Court United States 
 
 Of Judges of District Courts United States 
 
 Of Registers in Bankruptcy 
 
 Of U. S. Marshals 
 
 Of Clerks of United States Courts » 
 
 REMOVING OR CONCEALING PEOPEKTY— 
 
 See "Acts of Bmkrwptcy." . 
 REMOVAL— 
 
 Of Assignee — Court may order for cause. »* 
 
 Of Assignee by consent of Court, on application of Creditors 
 
 RHODE ISLAND— , 
 
 The Judge of the Circuit Court United States for— times and places of 
 
 holding Court in 
 
 Judge of District Court United States — ^residence in — places of holding 
 
 Court — extent of district of. 
 
 Registers in Bankruptcy for — residences of in — Congressional districts of. 
 
 United States Marshal for — his district and residence in 
 
 Clerks of United States Courts in 
 
 Exemption and lien laws of ... 
 
 Collection, limitation, and interest laws of. 
 
 EIGHTS AND DUTIES— 
 See "Eegisters," "Assignees^' " lYustees," " Marslud or Messenger," and 
 
 BIGHT OF REDEMPTION— 
 
 See "Bedempiion." 
 RULES OP PRACTICE— 
 
 See "Orders," and "District CauHe." 
 
 22 
 22 
 23 
 
 27 
 27 
 46 
 46 
 47 
 
 101 
 106 
 109 
 
 124 
 124 
 167 
 168 
 169 
 
 11 
 U 
 11 
 
 27 
 
 123 
 
 18 
 18 
 
 76 
 77 
 
 67 
 58 
 69 
 
 85 
 86 
 87 
 
 104 
 101 
 105 
 105 
 105 
 105 
 105 
 106 
 106 
 106 
 
 107 
 
 107 
 108 
 
 108 
 
 109 
 115 
 
 116 
 117 
 117 
 230 
 
 232 
 
 43 
 
 64 
 219 
 220 
 224 
 234 
 246 
 263 
 
 51 
 61 
 
 221 
 
 228 
 240 
 249 
 264 
 360 
 361 
 
438 
 
 INDlilX. 
 
 S. 
 
 SALBS- 
 
 Of unencumbered lauds — may be made by Assignee at discretion..,,. 
 
 Order as to— -of unencumbered estate, 
 
 Where made— of property — title to same not to be impaired by ineligi- 
 bility of Assignee 
 
 Of property held by Creditor as security 
 
 Of property of a perishable nature 
 
 Of property in dispute— dispoeition of proceeds of. 
 
 i'raudulont— of property — when accounted a misdemeanor, and preven- 
 tive of discharge 
 
 Of property of bankrupt co-partnerships and to be same as in individual 
 bankruptcy 
 
 Act as to — of property of corporations 
 
 Of property with intent to delay or defraud Creditors, an act of bank- 
 ruptcy 
 
 Of property by Debtor in involuntary proceedings, enjoined 
 
 Of property by Trustees under the 43d section, the same as in otherpro- 
 ceedings 
 
 Of any property, by Debtor or Bankrupt, after commencement of pro- 
 ceedings to be a-misderaeanor, punishable by imprisonment 
 
 All — of property to be at public auction, unless otherwise ordered by 
 court — General orders. Rule 19 
 
 Mode of — of personal property— notice of— General order. Rule 21... 
 
 ^ode of — of franchise of corporation — mode of real estate 
 
 Disposition of proceeds of— General order, Rule 28 
 
 SCHEDDLBS— 
 
 Of debts, to be annexed to petition — ^what to contain 
 
 May be amended and corrected from time to time 
 
 To be furnished to Messenger by party adjudged Bankrupt 
 
 By whom to be prepared when said Bankrupt is not to be found 
 
 Begister to examine as presented to ascertain if correct — same may be 
 amended if found deiicient — General order. Rule 7 
 
 To be without interlineations or abbreviations, except when made for 
 reference— General order. Rule 14 
 
 Amendments thereto to be verified — and iipon separate paper, &c 
 
 iPorms specified in various — may bo altered to suit particular cases — 
 General order. Rule 32 '. 
 
 Omissions in — may be corrected — General order, Bule 33 
 
 SEICVANTS— 
 
 Wages to extent of $50 preferred 
 
 See " Form of Schedule B.—5 
 
 SEETICE— 
 
 Of warrant in voluntary bankruptcy by Messenger — how made 
 
 By mail of notice to creditors to show cause why discharge should not 
 be granted 
 
 Of petition and order to show cause 
 
 Proof of— proceedings stayed til] 
 
 Of notices under 18th section to be by Marshal or his deputy — Genera] 
 order. Rule 23 ♦. 
 
 See " Notices," and " Rules of Practice in Equity" &c. 
 SERTICES OF REGISTER AND MARSHAL— 
 
 See "Accounts" '^Accounting" "Eegister" and "Marshal" 
 SET-OrF— 
 
 In case of mutual debts- of a claim not provable against the estate not 
 allowed 
 
 Kor of claim transferred to Debtor of Bankrupt after filibg petition 
 
 SOUTH CAROLINA— 
 
 The Judge of Circuit Court United States for — time and place of hold- 
 ing court in 
 
 Judge of District Court .United States of— hia residence in — ^place of 
 holding court in — extent of the district 
 
 Registers in Bnnkruptcy for — ^residences in — Congressional districts of. 
 
 United States IMarshul for — his district and residence in... , 
 
 Clerks of United Slates Courts in 
 
 Exemption, iien, collection, limitation, and interest Jaws of. 
 
 STAMP DUTIES [United States Internal Revesue]— 
 
 As are necessary in proce£ding8 under the Act 
 
 SUPREME COURT OF TUE DISTRICT OF COLUMBIA— 
 
 To have same jurisdiction as United States District Courts in bank- 
 
 ruptcv cases 
 
 SUPREME COURT OF THE UNITED STATES— 
 
 ClllEr .ICfSTICE of— to nominate Registers for appointment 
 
 Ap[ioal from circuit to — when allowed 
 
 Justices of — to regulate the practice and proceedings in courts of bank- 
 ruptcy - 
 
 15 
 13 
 
 18 
 20 
 25 
 26 
 
 G. C. 
 
 65 
 65 
 
 112 
 113 
 
 146 
 147 
 
 152 
 163 
 
 163 
 
 166 
 
 Pacse. 
 
 11 
 
 26 
 42 
 42 
 
 28 
 
 49 
 
 33 
 
 117 
 169 
 160 
 
 131 
 
 164 
 165 
 
 95 
 95 
 
 10 
 30 
 
 65 
 60 
 60 
 
 74 
 75 
 
 79 
 79 
 
 84 
 
 112 
 113 
 113 
 116 
 
 62 
 62 
 81 
 81 
 
 106 
 
 109 
 109 
 
 118 
 119 
 
 132 
 
 43 
 
 67 
 80 
 86 
 
 114 
 
 55 
 65 
 
 228 
 240 
 249 
 lit 
 362 
 
 405 
 
 35 
 41 
 
 41 
 
INDEX. 
 
 439 
 
 Seo. 
 
 SUPBBME COURT OS THE UNITED STATES— CbnKmMed. 
 
 To report general orders framed by — to Congress, from time to time. 
 
 Order of Chief Justice of— as to recommondation of Registers 
 
 Special order of — as to premature publication of orders, rules, and forms 
 in bankruptcy 
 
 Oeneral order of — promulgating rules and forms 
 
 List of General orders promulgated by 
 
 Mst of forms promulgated by v 
 
 JJeneral orders promulgated by 
 
 ^orms of proceedings promulgated by 
 
 Editor's special note as to forma supervised and approved by Justices of 
 — but not included in order of promulgation 
 
 General orders as to — its organization and characteristics — Chief Jus- 
 tice of — bis predecessor — his appointment and residence 
 
 Associate Justices of — their appointments — their predecessors and resi- 
 dences respectively 
 
 Index to Equity Rules of. 
 
 Equity Rules of and notes 
 
 SUPERSEDING PROCEEDINGS BY ARRANGEMENT. 
 
 Note referring thereto 
 
 Appointment of Trustees, under 
 
 Confirmation of same, under 
 
 Estate to be conveyed to Trustees, under 
 
 Proceedings thereunder, binding on all Creditors '....■ 
 
 Court to direct winding up of estate of Bankrupt, under 
 
 Proceedings thereunder identical with bankruptcy 
 
 Trustee thereunder has same rights In every respect as Assignee in 
 bankruptcy 
 
 Bankrupt thereunder has liko right to discharge as in other proceed- 
 ings 
 
 On resolution not to adopt — ordinary proceedings in banki'uptcy to be 
 resumed 
 
 See " JProcesdings under 43d Section," and " Forms" 
 SURETY— 
 
 Of Bankrupt — when to stand in place of Creditors 
 
 As to proof by — of debt when liable for same 
 
 liable for Bankrupt — not to be paid until when 
 
 The share to which they would be entitled to be paid into court, or.. 
 
 Not released by discharge of Bankrupt ; 
 
 10 
 
 T 
 
 TAXES — 
 
 Under laws of the United States, in second class of preferred claims for 
 payment 
 
 Due the State, in third class 
 
 Nothing in Act to interfere with the collection of United States or State 
 TENNESSEE— 
 
 The Judge of Circuit Court United States for — times and places of hold- 
 ing court in 
 
 Judge of District Courts United States ot— his place of residence — 
 places of holding courts in — United States districts of defined 
 
 Begisters in Bankruptcy for — residences in — Congressional districfil for. 
 
 United States Marshals for — their districts and residences in 
 
 Clerks of United States courts in, £c 
 
 Exemjition and lien laws of 
 
 Collection, limitation, and interest laws of. 
 
 TEBRIIORIBS— 
 
 Note as to bankruptcy courts in 
 
 United States Courts in — vested with the same jurisdiction as District 
 Courts in bankruptcy cases 
 
 See " -Arizona," "Colorado," ^^ Dakota" "IdaJio," '^Montana," ^^Nmi 
 Mexico," "Utah," and "Washington" 
 TESTIMONY— 
 
 ■Witnesses summoned to give — bound to attend, &c 
 
 Bankrupt required to give — other persons do 
 
 To be carefully filed in office of clerk, £c 
 
 Before whom to betaken a 
 
 How taken — may be by party or counsel — shall be in form of narrative 
 except in special cases — the court alone to decide upon competency 
 and relevancy of. (General Orders, Rule 10) 
 
 See " Equity Eules ofSwpreme Court," &c,, " Witnesses," and " Exami- 
 nations" ' 
 TEXAS— 
 
 The Judge of Circuit Court United States for — times and places of hold- 
 ^ ing courts iii^...»' 
 
 43 
 43 
 43 
 43 
 
 43 
 
 43 
 
 162 
 163 
 163 
 63 
 163 
 163 
 
 121 
 121 
 137 
 
 180 
 130 
 130 
 
 26 
 114 
 149 
 161 
 
 42 
 91 
 
 97 
 103 
 121 
 
 218 
 
 219 
 
 220 
 261 
 265 
 
 24 
 82 
 83 
 82 
 83 
 83 
 83 
 
 84 
 84 
 
 54 
 f4 
 03 
 63 
 70 
 
 66 
 66 
 07 
 
 223 
 
 228 
 240 
 249 
 254 
 863 
 364 
 
 39 
 
 til 
 
440 
 
 INDEX. 
 
 TEXAS— Continned. 
 
 Judges of District Conrta United States of— residences in— places of 
 holding courts in — extent of United States districts of. 
 
 Eegisters in Bankruptcy for — residences in— Congressional districts of- 
 
 United States Marshals for — their districts and residences in 
 
 Clerks of United States courts in 
 
 Exemption, lien', and collection laws of. 
 
 Limitation and interest laws of. 
 
 TIME— 
 
 What period of— not reckoned 
 
 How reckoned — generally exclusive of first and incluslTe of last day..... 
 
 Exceptions — IHesTum 
 
 TORT— 
 
 Whether assignee can maintain where committed against estate of 
 bankrupt. See reference to cases » 
 
 G. C. 
 
 43 
 
 48 
 48 
 
 TRADER, &i 
 
 See "let of Banlcruvtcu." 
 TRANSFER, &o.— 
 
 See "Proof of Debt," " Fravd." and "Sale." 
 TRESPASS— 
 
 See notes and decisions upon 
 
 See "Frauds" and "Assignees" 
 TROTEE— 
 
 See note as to and reference to leading decisions 
 
 TRUSTEES— 
 
 To settle bankrupt's estate may be nominated by creditors 
 
 To be confirmed by the court 
 
 Estate of bankrupt to be conveyed to — on consent of creditors being 
 filed 
 
 Creditors not signing consent, bound thereby 
 
 Shall wind up aud settle estate 
 
 To have all the rights and powers of assignees .- 
 
 On application of — the court will order examination of necessary par- 
 ties 
 
 Appointment of— not to impair bankrupt's right to discharge 
 
 Resolution to appoint — not being afited on, former proceedings to be re- 
 sumed 
 
 Zqq" Superseding Proceedings" &c., and "Proceedings under the 43d 
 
 UNLIQUIDATED DEMANDS OR DAMAGES— 
 
 Sea "Proof of Debte" 
 USURT— 
 
 See "Iniercst laws of ike several States and Territories" — in Appendix. 
 
 UTAH, [TUKKIIOETj- 
 
 Chief Justice Supreme Court of — ^his residence in 
 
 Register in Bankruptcy of— his residence in , 
 
 United States Marshal of— bis residence in 
 
 Exemption, lien, and collection laws of 
 
 Iiimitation and interest laws of. 
 
 TACANCT— 
 
 In ofUce of Register may be created by District Judge, when and how? 
 
 In ofdce of Register — how filled 
 
 Caused by death of Assignee not to abate suit in which ho is a party... 
 
 In olfice of Assignee — how filled 
 
 Same provisions as to — ^in office of Trustee under the 43d Section as in 
 
 respect to office of Assignee 
 
 VALIDITY— 
 
 Of Bankrupt's discharge — when contestable 
 
 Of petition and schedules to be determined by Register — General order, 
 
 Rule? 
 
 VERIFICATION— 
 
 Of schedule by petitioning Debtor. 
 
 Of inventory 
 
 Of demand— how made by foreign Creditor. 
 
 Of Claims by corporations 
 
 Return of Expenses of Register and Marshal to be verified— .General 
 
 order, Rule 12 
 
 All amendments to petition or schedules to be verified— General order. 
 
 Rule 14 
 
 43 
 43 
 
 43 
 43 
 43 
 43 
 
 43 
 43 
 
 43 
 
 171 
 171 
 
 162 
 163 
 
 163 
 163 
 163 
 163 
 
 164 
 164 
 
 21 
 22 
 67 
 79 
 
 33 
 
 33 
 103 
 104 
 
 Page. 
 
 229 
 241 
 250 
 234 
 365 
 
 84 
 
 17 
 
 17 
 
 17 
 
 82 
 82 
 
 82 
 83 
 
 43 
 
 84 
 
 229 
 242 
 250 
 363 
 367 
 
 38 
 
 48 
 52 
 
 71 
 
 42 
 43 
 
 68 
 68 
 
 108 
 
INDEX. 
 
 441 
 
 VERIFICATION— Cbntmued. 
 
 Application to amend must be verified— Genoral order, Rule 83 
 
 See "Proof of DebtSy" *^ Examination^" "Oath," ^' Testirrumy," and 
 " Jbrms." 
 VERMONT— 
 
 The Judge of Circuit Court United States for— times and places of hold- 
 ing Court in. .,« 
 
 Judge of District Court United States of— his residence in — places of 
 holding Court in — extent of United States District of 
 
 Registers in Bankruptcy for — ^residences in — Congressional districts of, 
 
 United States Marshal for — his district and residence in 
 
 Clerks of United States Courts in, Ac... 
 
 Exemption laws of. .^ 
 
 Lien laws of. .' 
 
 Collection and limitation laws of. 
 
 Interest laws of. 
 
 VIRGINIA— 
 
 The Judge of Circuit Court United States for— times and place of hold- 
 ing Court in 
 
 Judge of District Court United States of— residence in— places of hold- 
 ing court in — United States district limits defined 
 
 Registera in Bankruptcy for — residences in^Congressional districts of.., 
 
 United States Marshal for — ^hia district and residence in 
 
 Clerks of United States Courts in 
 
 Exemption, lien, collection, and limitation laws of. 
 
 Interest laws of. 
 
 VOLUNTARY BANKRUPTCT 
 
 See "SanftjTMJi." 
 VOUCHERS— 
 
 May he delivered up to party using same upon his filing attested copies 
 thereof. 
 
 WAGES— 
 
 Not exceeding fifty dollars, entitled to priority • « 
 
 In fourth class of preferred claims for payment 
 
 See " ServarUs." 
 "WARRANT— ^ 
 
 To Marshal as Messenger to call meetings of Creditors, &c 
 
 Betum thereof in voluntary proceedings 
 
 Marshal may compel attendance of witnesses 
 
 To Marshal to arrest Debtor 
 
 To take possession of Debtor's estate.... 
 
 See '-Marshal" and "Messenger." 
 WARRANTS— 
 
 See "BaTikniptcy Ckmrt Jbnres." 
 WASHINGTON |.Teeritory]— 
 
 Chief Justice Supreme Court of— his residence in 
 
 Register in Bankruptcy of— ^his residence in 
 
 United States Marshal of— his residence in 
 
 Exemption and lien laws of 
 
 Collection and limitation laws of. 
 
 Interest laws of. 
 
 WEARING APPAREL— 
 
 Of Bankrupt, and wife and children, exempt from operation of the Act, 
 WEST VIRGINIA— 
 
 The Judge of Circuit Court United States for — and time and place of 
 holding court in\ 
 
 Judge of District Court United States of— his residence therein — places 
 of holding court in — extent of United States District of. 
 
 Registers in Bankruptcy for — ^residences in — Congressional districts of., 
 
 United States Marshal for — his district and residence in 
 
 Clerks of United States courts in 
 
 Exemption, lien, and collection laws of. 
 
 Interest laws of. 
 
 WIFE— 
 
 Of Bankrupt may be required to attend as a witness 
 
 Consequence of non-attendance of..,....,,, 
 
 WISCONSIN— 
 
 The Judge of Circuit Court United States — and time and place of hold- 
 ing court in 
 
 Judge of District Court United States of— residence in— places of hold- 
 ing court — Extent of United States Districts of. 
 
 Registers in Bankruptcy for — residences in -Congressional districts of.. 
 
 United States Marshal for — his district and residence in 
 
 Clerks of Circuit and District Courts United States in 
 
 Seo. 
 
 14 
 
 G.C. 
 
 HI 
 
 27 
 
 120 
 
 63 
 
 28 
 
 130 
 
 66 
 
 11 
 
 36 
 
 43 
 
 12 
 
 37 
 
 44 
 
 26 
 
 lU 
 
 61 
 
 46 
 
 163 
 
 79 
 
 42 
 
 167 
 
 81 
 
 118 
 
 118 
 
 119 
 
 221 
 
 229 
 211 
 250 
 264 
 367 
 368 
 
 222 
 
 241 
 260 
 264 
 370 
 371 
 42 
 
 229 
 242 
 260 
 371 
 372 
 373 
 
 46 
 
 222 
 
 229 
 E42 
 250 
 264 
 373 
 374 
 
 223 
 
 229 
 242 
 260 
 1.64 
 
442 
 
 INDEX. 
 
 yriSCONSItl— Continued. 
 
 Exemption and lien laws of. • -••. 
 
 Collection and limitation laws of. 
 
 Interest laws of. 
 
 ■WITNESSES— 
 
 Eound to attend before Eegister when summoned — to have protection 
 
 — liable to contempt upon refusal • 
 
 Peijury of before Begister — penalties therefor 
 
 KefuSBl of to swear or answer on examination — how punished 
 
 Attendance of— may be compelled by warrant to Marshal 
 
 Wife of Bankrupt maybe a witness 
 
 Attendance of — may be compelledin proceedings before a Register, &c. 
 Examination of— how and before whom taken-~-General order, Rule 10. 
 
 Befusal to obey summons — ^how to compel, £c 
 
 Witnesses fees — when and how paid — General order. Rule 29 
 
 General Congressional provisions as to fees of in all cases in United 
 
 States Courts — mileage — ^when detained for want of security, &c. . . . 
 WRITS OP ERROR— 
 
 To Circuit from District Courts 
 
 Not allowed unless statutes regulating granting of same are complied 
 
 with 
 
 From the Hrcuit Courts to the Supreme Court « 
 
 See "Circuit Qmrt Butts." 
 
 1 
 
 7 
 
 7 
 
 26 
 
 26 
 
 26 
 
 27 
 
 28 
 
 114 
 
 118 
 
 161 
 
 29 
 
 29 
 30 
 
 Pasi. 
 
 374 
 375 
 376 
 
 40 
 40 
 61 
 6! 
 
 77 
 107 
 108 
 117 
 
 41 
 41 
 
MYER S. ISAACS, 
 
 COUNSELLOR AT LAW 
 
 ' AND 
 
 SOLICITOR IN BANKRUPTCY, 
 
 243 Broadway, 
 
 Opposite City Hall, NEW YORK. 
 
 FARROW & DUNCAN, 
 
 Counsellors at Law and Solicitors in Bankruptcy, 
 
 PEAOTIOE rS THE COURTS OP SOUTH CABOLIHA FOE DISTEIOIS OE 
 SpAKTANBUEG, GBEBNVIIiliB, Andbbson, Pickbns, 
 
 Chesteb, Union, York, Laueens, 
 
 UNITED STATES COURTS FOR DISTRICT OF SOUTH CAROLINA. 
 i^^Bf^uN^AN.} Spartanburg, S. C. 
 
 WOLF, HART & CO., 
 
 PRACTICE IN ALL THE COURTS OF THE DISTRICT OF COLUMBIA, 
 THE COURT OF CLAIMS, 
 
 AND THE SBVEEAL DBPAETMENTS OF THE GOVBBNMENT. 
 
 Rooms 5 and 6 Washington Building, 
 Cor. 7th Street and Penna. Avenue, Washington, D. C. 
 
 "Will give Special Attention to all kinds of Claims arising from the late War. 
 
 PAINE & CO., 
 
 Pf OEllTi AS %i 
 
 Nos. 104 and 106 Wisconsin Street, 
 
 JAMES H. PAINE, ) 
 
 EYEON PAINE, \ MILWAUKEE, WISCONSIN. 
 
 HALBEKT E. PAINE. J 
 
Law Office of GeoRGE GoRHAM, 
 
 Sik: I take the liberty of enclosing to you a copy of the new Rules in 
 
 Bankruptcy, just adopted in this District. It will be perceived that in future, 
 Orders of Reference in Voluntary Proceedings, and Orders to Show Cause In 
 Involuntary Proceedings, will be entered as of course, if the papers be properly 
 certified by the Register. It is well enough to say here that the proof of service 
 of the Order to Show Oanse must be by affidavit; that a certificate of the Mar- 
 shal will not answer; and that service may be made by any person not a party. It 
 is not necessary to deliver a certified copy of the Order; and, to save expense, 
 only one copy of the Order need be obtained from the Clerk, and service may be 
 made by showing that copy to the person served, and leaving with him an office copy: 
 
 In regard to the new Rule LX. I have to say that the practice under it will be 
 for the Bankrupt to appear by counsel on the return day of the Order to Show 
 Cause, with all the required papers, %. e., affidavit under Rule 49; two affidavits of 
 publication; certificate of Assignee, dated after the Order to Show Cause, setting 
 forth the names and residences of all creditors who have proven debts; and the 
 Clerk's certificate of service; also, (if the discharge is claimed by reason of the 
 assets being equal to fifty per cent, of the debts proven,) a certificate of the 
 Assignee of the amount of assets and amount of debts proven. If the discharge is 
 claimed under the consent of creditors, there must be a certificate of the Assignee, 
 showing the names of the proving creditors, and the amount of each one's debt; 
 and there must accompany this a consent in writing, signed by a majority in num- 
 ber and value of the proving creditors, that a discharge be granted; the signatures 
 must be acknowledged, or proven by subscribing witness. 
 
 Upon these papers the order of reference under Rule LX will be entered. 
 And all the above papers must be presented to the Register on the reference, and 
 he will lake such steps as he deems proper before certifying conformity. I recom- 
 mend that attorneys prepare a full affidavit of regularity, as under the old Chan- 
 cery practice, to be used on such reference; and presume that such affidavit, with 
 the foregoing papers, will, unless objection is made by creditors or Assignee, be 
 considered as sufficient evidence of conformity. 
 
 Creditors who propose to oppose the granting of a discharge, will not be 
 affiBcted in practice by the new rule. Their appearance must be entered, as here- 
 tofore, on the return day; their specifications filed in ten days thereafter- and 
 upon such issues an order of reference will be made to a Register, which will be 
 distinct from the order as provided for in the new rule. 
 
 After the Register makes and files his report^ the Bankrupt must wait eight 
 days before applying for the discharge upon the report, and he may then, if no 
 exceptions be filed to the report, apply by counsel to the Court on any Tuesday 
 or Friday, for the discharge, producing the Register's report, to which should be 
 annexed all the above mentioned papers. 
 
 I shall at all times be happy to aid my brethren of the bar in their cases in 
 Bankruptcy, if they so desire. 
 
 I am, respectfully, 
 
 (GEORGE GOBHAM. 
 
RuLK 6 ia hereby amended by inserting therein, after the words " the verifi- 
 cation thereof," the words '' and also the proof of debt, and of the Act of Banls- 
 ruptcy annexed thereto." 
 
 RcLE 30 is hereby amended by striking out the word " Wednesday," and 
 inserting "Friday" in lieu thereof. 
 
 RULE LX. 
 
 Upon the hearing of anapplication for a final discharge, in a case where the 
 proceedings were commenced after the first day of January, 1869, it will be 
 referred to a Register to take the necessary proofs, and to ascertain and report to 
 the Court, with all convenient speed, whether the assets of the Bankrupt were or 
 were not equal to fifty per cent, of the claims against the estate of such Bankrupt 
 upon which he was liable as the principal debtor, which had been proved prior to 
 the making of such order; and whether the assent in writing of a majority in 
 number and value of such creditors who had so proved such claims, had been 
 filed in the case, at or before the time of such hearing of the application for such 
 discharge; and also, whether such Bankrupt has in all things conformed to his 
 duty under the Bankruptcy Act, and the amendments thereof, and is entitled to a 
 discharge. And such order of reference will provide that the assignee, or any 
 creditor of such Bankrupt, as well as the said Bankrupt, may appear and produce 
 proofs, and examine and cross-examine witnesses upon the reference; and that 
 the proceedings and report of the Register shall stand confirmed and be conclu- 
 sive, unless the same shall be excepted to within the time and in the manner 
 required by the Rules and Practice of this Court. 
 
 RULE LXI. 
 
 Upon the filing of the petition, schedule and inventory of a debtor, in con- 
 formity to the provisions of the 11th Section of the Bankruptcy Act, and of the 
 General Orders in Bankruptcy, together with the certificate of a Register annexed 
 thereto, as provided by Rule 5, the clerk may enter, as of course, the usual order 
 of reference thereof to the Register of the Congressional District in which such 
 petitioner is stated in such petition to reside, in the form prescribed for such 
 orders of retierence by the General Orders in Bankruptcy, and specifying the office 
 of such Register as the place where the Register shall act upon the matters arising 
 in the case in which such petition ia filed. 
 
 RULE LXII. 
 
 Upon the filing of the petition of a creditor or creditors of any debtor, and due 
 proof of the debt and of the Acta of Bankruptcy therein alleged, in conformity to 
 the 39th Section of the Bankruptcy Act and the General Orders in Bankruptcy, 
 and the forms thereby prescribed, together with the certificate of n Register, as 
 required by the 6th General Rule in Bankruptcy, then in force, the clerk may 
 enter, as of course, and without special authority from the District Judge, the 
 usual order, according to form No. 57 annexed to the General Orders in Bank- 
 ruptcy, for the debtor or debtors named in such petition to show cause before the 
 Court, at the United States Court rooms at Buffalo, at ten o'clock in the forenoon 
 of such Tuesday or Friday, not less than six nor more than thirty days distant, as 
 to said clerk shall appear expedient, and may include in such order the usual 
 injunction clause, as authorized by the 40th Section of the Bankruptcy Act. 
 
NEW AND REVISED EDITION. 
 
 jft. dve: E isr ID E ID 
 
 AND 
 
 ADDITIONAL RULES 
 
 In Bankruptcy. 
 
 United States District Court, Northern District of New York. 
 Hon. N. K. Hail, Pre 
 
 Judge Pall has amended his Rules in Bankruptcy, and adopted ad- 
 ditional Rules, as follows: 
 
 KULE vni 
 
 Is amended by striking out "Ebbn C. Spkaguk," and inserting 
 "Joseph L. Fairchild" in lieu thereof. 
 
 EULE XI 
 
 Is amended by inserting after the word " petition'" . m the last clause 
 thereof, the words "for an Adjudication of Bankruptcy." 
 
 EULE XXVI 
 
 Is amended by inserting after the word " inventory " in the first clause 
 thereof, the following words, viz : — " or that he has made any fraudulent 
 or void disposition of his property, or any part thereof; or that he has 
 not given and has not used due diligence to ascertain and give the full 
 names and the residences of his creditors, or the amount of his debts, as 
 required by the Bankrupt Act; or that he has not given a full and 
 accurate inventory of his estate, real ,and personal, describing the same, 
 and where it is situated, as required by the said Act ; or that Jie has 
 done, suifered or omitted any other act or thing which may bar his right 
 to a discharge." 
 
 And also by adding at the end of said Rule the following words, viz : 
 " On any such examination the Bankrupt may be examined upon oath 
 in respect to all the matters above mentioned, and also in respect (o all 
 debts due to him, or to any person for his use ; all rights of property, 
 choses in action, rights in equity, interests in patents, patent rights, or 
 copy rights ; and all rights in action for any property or estate, real or 
 personal, or the unlawful taking, detention or injury thereof, or arising 
 
AMENDED AND ADDITIONAL 
 
 RULE XXIX 
 
 Is amended by insertin<j therein, before such Rule as heretofore adopted, 
 the following words, viz: 
 
 " If, in any case, the assignee or any creditor of the Bankrupt shall 
 have- good reason to believe that any of the property, interests, rights, 
 credits, or equities of the Bankrupt, or nn y assurance or evidence thereof, 
 and of which he has not given a satisfactory account, is in the posses- 
 sion, under the- control, or within the knowledge of any other person, or 
 that any other person is indebted to said Bankrupt in a sum not stated, 
 or larger than that stated in the inventf>ry of the Bankrupt, such assignee 
 or creditor, upon application to the Court, and due cause shown by affi- 
 davit, iriay have an order for the examination of any such person, and, 
 if necessary, for compulsory process against him, as pi-ovided in the pre- 
 ceding rules." 
 
 RULE XXX 
 
 Is amended by striking out the word "papers" in the last clause thereof, 
 and inserting the word " orders " instead thereof; and also by inserting 
 the word "orders" between the word "rules" and the word "or" in 
 said last clause. 
 
 RULE XXXII 
 
 Is amended by striking out " 1 1th " in the first clause thereof, and 
 inserting "14th" in lieu thereat; and also by inserting after the word 
 "dividends" in the second clause thereof, the words "notice that an 
 assignee will apply for a settlement of his accounts and for a discharge 
 from all his liability as assignee." 
 
 RULE XXXIII 
 
 Is amended by inserting therein in lieu of the words " Clerk or assignee," 
 the words " a Messenger, the Clerk, or an assignee in Bankruptcy ; " 
 and by adding at the end thereof the following words, viz : " Whenever 
 any notice sent by mail by the Marshal, or a Messenger, in puisuance of 
 a warrant issued under section 11 or section 42 of the Bankrupt Act, 
 shall be returned to him by reason of its non-delivery, he shall preserve 
 the same, and shall, within twenty days next after the expiration of three 
 months from the date of such warrant, file the same wilh the Clerk of 
 the Court. Whenever any notice sent by the Clerk, by mail, under any 
 of the provisions of said Act, or the General Orders in Bankruptcy, 
 shall be so returned, the same shall be filed by the Clerk with the papers 
 in the cause." 
 
 xxxvn 
 
 Is amended so as to read as follows: 
 
 In pursuance of the 28th General Order in Bankruptcy, the following 
 National Banks are hereby designated as those in which all monevs re- 
 ceived by Assignees in Bankruptcy, or paid into Court in the course of 
 any proceedings in Bankruptcy shall be deposited, viz : 
 
KITLES IN BANKEUPTOT. 6 
 
 1. The Albany CUy National Sank at Albany; in all cases in -which the 
 Bankrupt at the time of the filing of the first petition therein resided in either of 
 the counties of Albany, Rensselaer, Washington, Warren, Essex. Clinton, St. 
 Lawrence, Franklin, Fulton, Hamilton, Montgomery, Saratoga, Schenectady, 
 Schoharie, Delawai'e, Otsego and Chenango. 
 
 2. The First National Bank of Utica at Utica ; in all cases in which the 
 Bankrupt at the time of the filing of the first petition therein resided in either of 
 tlie counties of Oneida, Jefferson, Madison, Lewis and Herkimer. 
 
 3. The Syracuse National Bank at Syracuse; in all cases in which the Batik- 
 rupt at the time of the filing' of the first petition therein resided in either of the 
 counties of Onondaga, Oswego, Cortland, Cayuga, Wayne and Seneea. ' 
 
 4. The Flour City National, Bank at Rochester ; in all cases in which the 
 Bankrupt at the time of the filing of the first petition therein resided in either of 
 the counties of Monroe, Orleans, Ontario, Livingston and Yates. 
 
 5. The Ohemung Canal National Bank of Elmira at Elmira ; in all cases in 
 which the Bankrupt at the time of the filing of the first petition therein resided 
 in either of the counties of Chemung. Steuben, Allegany, Tioga, Tompkins, 
 Broome and Schuyler. 
 
 6. The Firft National Bank of Buffalo, at Buffalo ; in all cases in which the 
 Bankrupt at the time of the filing of the first petition therein resided in either of 
 the counties of Erie, Chautauqua, Niagara, Cattaraugus, Genesee and Wyoming. 
 
 Deposits made in said Banks by any Assignee in Bankruptcy under 
 said 28th Genera] Order, shall be made to his credit as such assignee in 
 the particular case in which such moneys have been received; and a 
 separate account shall be kept in each case according to its proper desig- 
 nating number and title. Checks drawn by Assignees in Bankruptcy 
 for mcmeys deposited by them in such Deposit Banks, shall contain the 
 number and title of the case in which they are drawn ; shal] be signed 
 by the Assignee as such ; and shall state " the date, the sum and the ac- 
 count for which it is drawn," and shall be countersigned by the Eegister 
 in Bankruptcy having charge of or acting as such in the case in which 
 said checks are di'awn. When such checks are drawn for the payment 
 of dividends declared, they shall be made payable to the order of Ihe 
 persons entitled to such dividends, unless the Register acting in the case 
 shall, by reason of the small amount of separate dividends, authorize the 
 drawing of a check payable to the order of the Assignee for the aggregate 
 of several of such dividends, or shall for some other reason authorize the 
 making of such check payable to the order of some other person, or to 
 bearer. 
 
 The designation of Banks of Deposit, hereby made, is upon the con- 
 dition that the said First National Bank of Buffalo and the Flour City 
 National Bank severally agree to allow and credit to the Assignee, in 
 each account, separately, whenever such account is about to be closed, 
 interest at the rate of five per cent per annum on the daily balance of 
 such account, and shall file with the Clerk of this Court, whenever re- 
 quired, a satisfactory bond, executed by one or more per-sons, as a further 
 security for the safe keeping and proper repayment of such deposit, — 
 such bond to be approved by the Judge of this Court; and that each of 
 the other banks designated shall credit in like manner four and a half 
 per cent, interest on such daily balances, and file a similar bond whenever 
 such bond shall be required. 
 
 The Clerk will certify a copy of this rule, and transmit the same, by 
 mail or otherwise, to each of said Banks, and will also certify to each 
 
* AMENDED AND ADDITIONAL 
 
 Bank the name of the Register in Bankruptcy appointed for the district 
 to which each of the Counties named iu designating such Bank belongs ; 
 and whenever the Register of any other district shall be designated to 
 act in any case where the Bankrupt at the time of the filing of the first 
 petition therein resided in either of said Counties, the Clerk will, on the 
 application of the Assignee appointed in such case, certify to the proper 
 deposit bank the name of the Register authorized under the Rule to 
 countersign checks in such case. 
 
 EULE xxxvm 
 
 Is amended so as to read as follows: 
 
 The following newspapers are hereby designated as those in which 
 notices required to be published in cases of Bankruptcy are to be inserted, 
 except in cases where, for special reasons, other directions shall be given 
 by the District Court, viz : 
 
 When the alleged Bankrupt resides in the Cownty of 
 Albany — In the Albany Evening Jowfnal and in the Argus. 
 Wheninthe cmmLy of h^AJS<i^L^sY — In the Angelica Heporter axiA in the If ew 
 
 Democratic Mra at Cuba. 
 When in the county of Bkoome — In the Binghamton Daily RepiMiean and in 
 
 the Binghamton Democrat. 
 
 Wheti in the county of Cathga — In the Auburn Daily Advertiser and in the 
 Northern Christian Advocate. 
 
 Wlien in the covmty of Cattaraugus — In the Cattaraugus Rejmhlican and in 
 
 the Olean Advertiser. 
 When in the comity of Chautauqua — In the Jamestown Jownal and in the 
 
 Mayville Sentinel. 
 
 When in the comity of Chenanso — In the Telegraph and Chronicle at Norwich, 
 
 and in the Chenango Union at Norwich. ^ 
 
 WJKn in the county of Chemung — In the Elmira Daily Advertiser and in the 
 
 Elmira Daily Oasette. 
 When in the county of Clinton — In the Plattsburgh Sentinel and in the Platts- 
 
 burgh Republican. 
 When in the comity of Cobtland — In the Gazette and Banner at Cortlandville. 
 
 and in the Cortland County Democrat. 
 When in the conniy of Delaware — In the Delaware Republican and in the 
 
 Delaware Gazette. 
 
 When in the cownty of Erie — In the Buffalo Commercial Advertiser and in the 
 Buffalo Daily Courier. 
 
 When in the county of Essex — In the Essex County Republican and in the 
 Elizabethtown Post. 
 
 When in the comity of Franklin — In the Malone Palladium and in the Frank- 
 lin Gazette. ' I ' 
 
 When in the county of Fulton — 
 
 Or in the county of tLi-tiiLTOi! — In the Johnstown Independent and in the Ful- 
 ton County Democrat,. 
 
 When in the comity of Gknbsbk — In the Batavia Advocate and in the Spirit of 
 the T^mei, published at Batavia. 
 
 When in the comity of Herkimer — In the Jmirnal and Courier and in the Herki- 
 mer County Democrat. 
 
 When in the county of Jeffeeson — In the Northern New York Journal and in 
 the Watertown Re- Union. 
 
 When inthe comity of Lewis — In the Journal and Republican, published at Low- 
 ville, and in the Lewis County Democrat. 
 
RULES IW BANKRDPTOY. 
 
 WMi in tht county of Litingsion — In the "Western New York AdveriAser,yvi^-. 
 . lished at Dansville. and in the Union and the OonitUiition, published at Moant 
 
 Morris. 
 WTten in the aounty of MAnsoir — In the RvjpruUican, published at Hamilton, and 
 
 in the Oneida Obierver, published at Utica. 
 When in thi county of Moxroe — In the Rochester DaUy Onion and Advertiser, 
 
 and in the Rochester Daily Democrat. 
 When in the county of Montqomkry — In the Montgomery County Republican, 
 
 and in the Montgomery Democrat, published at Fonda. 
 When in the oourdy of Niagaba — In the Lockport Union and in the Lockport 
 
 Journal. 
 When in the comity of Ontakio — In the Ontario Ryaository and Meetmger at 
 
 Canandaigua, and in the Geneva Courier. 
 Whan in the county of Oheida — In the Utica Morning Herdd and in the Utica 
 
 Daily Observer. 
 When in the county of Oswseo — In the OsTrego Commercial Advertiser and 
 
 Times and in the Oswego Palladium. 
 When, in the county of Onohdaoa — In the Syracuse Daily Standard and in the 
 
 Syracuse DaUy Courier and UrUon. 
 When in the county of Otsego — In the Otsego Republican and in the Freemen's 
 
 Journal, published at Cooperstown. 
 
 When in the cowpiy of Orleans — In the Orleans American and in the Orleans 
 
 Republican. 
 When in the county of Rknsselaeh — In the Troy Daily Times and in the Troy 
 
 DaUy Press. 
 When in the county of Sohohabie — In the Schoharie Republican and in the 
 
 Schoharie Union. 
 
 WJien in the county of ScREszoTADY — In the Schenectady Daily Union and in 
 
 the Evening Star, published at Schenectady. 
 When in the county of Saeatoqa— In the Saratogian and in the Saratoga Sentinel, 
 
 published at Saratoga Springs. 
 
 When in the county of St. Lawbbkoe — In the Courier and Freeman, published 
 
 at Potsdam, and in the Ogdensburgh Advance. 
 When in the county of Sknbca — In the Seneca County Gau/rier and in the Seneca 
 
 Observer. 
 When in the county of STErsEK — In the Canisteo Valley Times, and in the 
 
 Steuben Farmers' Advocate. 
 When in the county of Schcylek — In the Havana Journal and in the Watkins 
 
 Independent, or in the Schuyler County Democrat. 
 When in the county of TiooA — In the Owego Times and in the Owego Gazette. 
 When in the county of Tompkins — In the Ithaca JourntU and in the Ithaca 
 
 Democrat. 
 When in the county of 'WASHtNGTON — In the Salem Press and in the Sandy Hill 
 
 Merald 
 
 When in the county of Waeben — In the Glen's Falls Messenger and in the Glen's 
 
 Falls Republican. 
 Wlien in the county of Wayne — In the Lyons Weekly RepiMican and in the 
 
 Wayne Democratic Press, 
 When in the county of Wtominq — In the Wew Yorker, published at Warsaw, and 
 
 in the Democrat, published at the same place ; and , 
 
 When in the county of Yates — In the Penn Yan Express and in the Penn Yan 
 
 Democrat. 
 
 The waiTants ^sued by Registers directing notices of the first meet- 
 ing of creditors shall direct the publication of such notices in the two 
 designated papers of the county in which the Bankrupt so resides, un- 
 less the Register shall, for Rpecial reasons relijting to the residence of the 
 
6 AMENDED AND ADDITIONAL 
 
 Bankrupt or his creditors, deem it more suitable, in lieu thereof, to 
 publish the same in the newspapers designated in an adjoining county, 
 in which case the Register may direct such publication in such adjoining 
 county. Such warrants shall, unless otherwise specially ordered, direct 
 that such notices shall be published twice in each of the two selected 
 papers, i 
 
 In any case where the circumstances require it, such publication may 
 be made in other papers by the special order of the Court or Judge, 
 
 Due proof of the publication of such notices shall be furnished to the 
 Marshal, officer or party directing and paying for such publication, and 
 such proof shall be filed with the papers or proceedings to which they 
 particularly relate. 
 
 The fees of printers for making such publication and furnishing the 
 proof thereof are those prescribed by the act of Congress of the 26th 
 of February, 1853, viz: forty cents per folio for the fii-st insertion, and 
 twenty cents per folio for each subsequent insertion ; but, as these rates 
 are not considered remunerative, and publishers have declined to pub- 
 lish bankrupt notices at such rates, messengers and assignees are author- 
 ized, in cases where publishers decline to publish such notices for the fees 
 prescribed by AJt of Congress, to allow and pay, if necessary, the fees 
 allowed by the laws of the State for the like publication of similar notices 
 in legal proceedings under the laws of the State. 
 
 Notwithstanding the provisions of this rule, the Court, in cases where, 
 by accident or inadvei-tence, and without intention to disregard the rule 
 or omit the prescribed notices, a different but substantially equivalent 
 publication has been made, wiU exercise its discretion in waiving any 
 technical irregularity, and acting upon a notice published in good faith, 
 and giving proper information to all parties interested, although not 
 published in strict conformity to this rula 
 
 The following additional Rules have been adopted: 
 
 XXXIX. 
 
 Whenever a petition, under section 11 of the Bankrupt Act, shall be 
 referred to a Register in Bankruptcy, and whenever, in a case of invol- 
 untary bankruptcy, an order shall be made upon an adjudication in 
 bankruptcy referring such case to a Register, the Clerk shall advance to 
 such Register, on account of his fees, chargeable to the petitioner, the 
 sum of twenty-five dollars out of the fifty dollars deposited with ^the 
 Clerk under section 47 of the Bankrupt Act. Whenever a detailed 
 statement of his fees so chargeable shall be made and 'filed by the Re- 
 gister, showing 4hat the aggregate amount of the same exceeds the ag- 
 gregate of the advances made on account thereof, the Clerk, if requested 
 by the Register, shall make further reasonable advances to him on ac- 
 count of such fees, until the amount so deposited and all interest received 
 by the Clerk thereon shall be exhausted; and whenever the aggregate 
 of the fees of the Register, chargeable to such petitioner, shall equal or 
 exceed the said sum of fifty dollars, all such fees in excess thereof and 
 
RULES IN BANKBUPTOT. T 
 
 all subsequent fees of such Register so chargeable to such petitioner, 
 shall be paid or secured as provided for by General Order No. 29. 
 
 Within forty days after the proceedings in a case referred to a Regis-' 
 ter, as aforesaid, shall be finally closed, such Register shall make, under 
 oath, and file with the Clerk, a detailed statement of his fees charged or 
 chargeable to or against the petitioner in such case, and of the sums 
 advanced or paid to him by the Clerk, or by or on behalf of the peti- 
 tioner, on account thereof; and he shall within ten days thereafter pay 
 over to the Clerk, so much of the moneys so advanced as is not re- 
 quired for the payment thereof. Such statement shall be made in and 
 relate to such case only, and shall be so prepared, as a separate paper, 
 that it may be made a part of the record in such case; and it is recom- 
 mended to Registers to make and file, within the first ten days of every 
 calendar month, the statements above required in all cases closed during 
 the preceding month. - 
 
 Whenever it shall satisfactorily appear from any such statement that ■ 
 there is a balance due to said Register for fees so chargeable as aforesaid, 
 the Clerk shall on demand pay such balance, or so much thereof as the 
 residue of the fifty dollars so deposited by the petitioner and the interest 
 received by the Clerk thereon, will pay of the same. 
 
 RULE XL. 
 
 When in a case of Voluntary Bankruptcy the petitioner owes debts as 
 a partner, and desires to obtain a discharge, which shall, in form, be a 
 discharge from his debts as such partner, as well as in his individual 
 capacity, he shall, in his petition and in the proper schedule thereto 
 annexed, or in proper amendments thereto, state the name or names of 
 his partner or partners, and also the firm name of such copartnership, 
 and whether the copartnership still subsists; and shall designate the 
 debts owing by him as a member of such copartnership as partnership 
 debts. He shall also in like manner set forth in his inventory, the joint 
 property, rights, credits and estate (if any) of such copartnership, and 
 the location, situation, &&, thereof, as required by 'the Banki-upt Act 
 
 RULE XLI. 
 
 In order to save unnecessary expense and labor, the Registers will, 
 when practicable, include in a single certificate copies of the memoranda 
 of all their proceedings in the same case, upon the same day, which are 
 required to be forwarded to the Clerk under the provisions of the Bank- 
 rupt Act and of the General Ordere ; and they will send no certified 
 copy of memorandum, or of docket entry, other than those required by 
 the said Act or Orders, 
 
 RULE XLIL 
 
 There shall be added to the adjudication of Bankruptcy, in an In- 
 voluntary Bankruptcy case, as in form No. 58, aa order referring the 
 case to one of the Registers in Bankruptcy to take such proceeding's 
 therein as may be necessary. 
 
a 
 
 AMENDED AMD ADDITIONAL 
 
 , - XLin. 
 
 The notice in writing of the acceptance of the trast, which is requir-' 
 ed to be given by an assignee in Bankruptcy, may be given to the Re- 
 gister having charge of the case, who will transmit the same to the; 
 Clerk of the Court, with the other papers in the case, as required by thai 
 Vth General Order. ■ 
 
 XLIV. 
 
 Every assignee in Bankruptcy, if required by the Register having 
 the case in charge, shall give a bond, with a surety or sureties, as pro- 
 vided for in the 13th section of the Bankrupt Act; the form and pen- 
 aRy of such bond, and the suflBciency of the surety or sureties therein, 
 to be approved by such Register. It shall be the duty of the Registers 
 to ret[uire such bond, upon the request in writing of any creditor who 
 has proved Ws claim, or whenever it shall otherwise appear to be proper 
 to do so, 
 
 XLV. 
 
 In order to guard against the loss or destruction of the evidence of 
 an assignment, eveiy assignee, on receiving an assignment of an estate in 
 Bankruptcy, in which the assets are sufiScient to justify the expenditure, 
 shall send or dehver such assignment to the Clerk of the Court, who 
 shall make a true copy thereof, dnd certify the same under his hand and 
 the seal of the Court, and send or deliver said certified copy to such as- 
 signee ; and the original assignment shall then" be placed and kept on file' 
 with the other papers in the case. 
 
 KULE XLVI. 
 
 Whenever it shall appear by the inventory of the Bankrupt, or other- 
 wise, that he has real or personal property, or choses or rights in action, 
 or any other legal or equitable interests, beyond the limits of the United' 
 States, or debts due to him from any person residing abroad, the Regis- 
 ter having his case in charge may, and, on the request of the assignee, 
 shall require the Bankrupt to execute and acknowledge in due and proper 
 form a full assignment thereof and of all his other property, real and 
 personal, equitable interests, choses in action and rights of action of every 
 name, nature and kind whatsoever, and wherever the same may be situa- 
 ted. And if the Bankrupt shall neglect or refuse to execute such assign- 
 ment, he may, on due application to the Court, be compelled to do so by 
 process of attachment or other proper proceeding. 
 
 KULE XLVn. 
 
 It shall be the duty of every assignee, within fifteen days after re- 
 ceiving an assignment of the estate of any Bankrupt, to set apart from 
 the property of such Bankrupt such part thereof as is specially excepted 
 by section 14 of the Bankrapt Act; and also such other articles and ne- 
 cessaries as shall be designated by such assignee, (having reference to the 
 family condition and circumstances of the Banki'upt,) as being proper to 
 
fttJLES IN HANKKtTPTCY. 9 
 
 be set apart for the use of the Bankrupt, as provided for by said 14th 
 section. And such assignee, within five days thereafter, shall file with 
 the Clerk of the Court a fuU report of his decisions and doings in this 
 respect, and of the articles set off to the Bankrupt by him, with the esti- 
 mated value of each article, as required by the 19th General Order; and 
 in which he shall also state whether there remains any property or other 
 assets or valuable thing for the benefit of the creditors of the Bankrupt. 
 The Bankrupt, or any creditor who has proved his debts, may except to 
 the said report or any part thereof, by stating each of his objections 
 thereto in proper form, and in a separate article, and filing the same 
 with the Clerk of the Court within twenty days after the filing of such 
 leport ; and if not so excepted to the report shall stand confirmed. If 
 so excepted to the effect thereof and of the designation and the setting 
 apart aforesaid, shall be suspended until the order of the Court upon 
 such exception shall modify, or confirm the said report. 
 
 For his miscellaneous services, for which no other fee is provided, 
 and for designating and setting apart such property and making and 
 filing his report thereof, within the time and in the manner above pre- 
 scribed, the assignee shall be entitled to a fee of five dollars ; and for 
 travel (when absolutely necessary for the purpose of designating and 
 setting apart such property) six cents per mile for each mile in going and 
 returning; he shall also be allowed ten cents per folio for each folio of 
 one hundred words contained in such report Such fees shall be paid 
 by the Bankrupt unless assets, sufScient to pay the same, remain in the 
 hands of the assignee. 
 
 KULE XLYm. 
 
 Whenever, by reason of the sickness, necessary absence or other dis- 
 ability of the Register in Bankruptcy having any case or matter in 
 charge, he shall be unable to hear the same, or to proceed therein at the 
 time and place appointed therefor, the same may be adjourned by him 
 by a written notice and order stating such adjournment, and the time 
 and place to which it is made, and posting the same on the outer door 
 of the ofSce or room in which such hearing or proceeding was intended 
 to behad."^ ^^ 
 
 ""^ 
 
 EULE XIIX. 
 
 The oath required by thTe n29th section of the Banknipt Act to be 
 taken and subscribed by a Bankrupt before his discharge can be granted, 
 shall follow the language of such section as near as may be, and shall 
 be substantially in the following form,' viz : 
 
 No. ''^! 
 
 District Court of the United States, ~) 
 For the Northern District of New York. i^ 
 
 I» Bank»6ptot. 
 
 In the matter of A. B. ( 
 
 A Bankrupt. C 
 
 Noethekn District of New York, «s. 
 
 A. B., the petitioner above natned, being, duly sworn, deposes and 
 says, that he has not wilfully sworn wisely in his affidSyit annexed to his peti- 
 
10 AMENDED AND ADDITIONAL 
 
 tion, schedule or inventory, filed in this cage, or upon any examination in the 
 course of the proceedings in Bankruptcy, in relation to any material fact con- 
 cerning his estate or his debts, or in any other material fact; that he has not 
 concealed any part of his estate or effects, or any books or writings relating 
 thereto ; that he has not been guilty of any fraud or negligence in the care, cus- 
 tody or delivery to the assignee of the property belonging to him at the time of 
 the presentation of his petition and inventury^ excepting such property as he ls 
 permitted to retain under the provisions of the Bankrupt Act passed, by Con- 
 gress, approved Maich 2, 1867, and entitled ''An Act to Establish a Uniform 
 System of Bankruptcy thronghont the United hutes : " that he has not caused, 
 permitted or suffered any loss, waste or destruction thereof; that he did not 
 within four months before the commencement of such proceedings, procure his 
 lands, goods, money or chattels, or any part thereof to be attached, sequestered 
 or seized on execution ; that since the passage of the said Act, he has not de- 
 sti-oyed, mutilated, altered or falsified any of his books, documents, papers, 
 writings or securities ; that he has not made or been privy to the making of any 
 false or fraudulent entry in any book of account or other document, with intent 
 to defraud his creditors ; that he has not removed or caused to be removed any 
 part of his property from this district with intent to defraud his creditors; that 
 he has not given any fraudulent preference contrary to the provisions of the said 
 Act, or made any fraudulent payment, gift, transfer, conveyance or assignment 
 of any part of his property, or lost any part thereof in gaming ; that he has not 
 admitted a false or fictitious debt against his estate ; that he has not had know- 
 ledge that any person has proved a false or fictitious debt against his estate, 
 without having disclosed the same to his assignee within one month after such 
 knowledge; that has has not, whilst being a mei'chant or tradesman, failed, sub- 
 sequently to the passage of this act, to keep proper books of account ; that he 
 has not, nor has any person in his behalf, procmed the assent of any creditor to 
 the discharge, or influenced the action of any creditor, at any stage of the pro- 
 ceedings, by any pecnniarj' consideration or obligation; that he has not, in con- 
 templation of becoming bankrupt, made any pledge payment, transfer, assign- 
 ment or conveyance of any part of his property, directly or indirectly, abso- 
 lutely or conditionally, for the purpose of preferring any creditor or person 
 having a claim against him, or who was or might be under liability for him, or 
 for the purpose of preventing the property coming into the hands of the assignee, 
 or of being distributed under said Bankrupt Act in satisfaction of his cfebts; 
 that he has not been convicted of any misdemeanor under said Act, or been 
 guilty of any fraud whatever contrary to the true intent thereof; and that he has 
 not done, suffered, or been privy to any act, matter or thing specified in the said 
 Bankmpt Act as a ground for withholding a discharge, or as invalidating a 
 discharge if granted. A. B. 
 
 Subscribed and sworn before me by the above p 
 named A. B., at in the State of > 
 
 this day of 186 . ) r— .. f 
 
 ■^^ 
 
 RULE L. 
 
 A creditor opposing the discharge of a bankrupt shall set forth, 
 succinctly and clearly, in separat^ articles, as his specification of the 
 grounds of his opposition, each of his objections to such discharge, with 
 the grounds thereof, if such (objections raise only questions of law or 
 practice, in respect to the suMtance, form, sufficiency, regularity or efiect 
 of the petition, schedule or inventory of the bankrupt, or of the pro- 
 ceedings had thereon. If^his opposition to a discharge is founded upon 
 a denial of any statemenpcontained in such petition, schedule or inven- 
 tory, or upon the allegec^existence of any Ciot not stated therein, or not 
 conclusively appearing uffon the records of the Court, he shall set forth, 
 in writing, in distinct a^ separate articles, each of such objeotious, and 
 the facts on which it \k based, according to his best knowledge, informa- 
 \ 
 
EULES m BANKRUPTCY. 11 
 
 tion and belief, and with requisite certainty of time and place ; and shall 
 also set forth in like manner, and in clear and express terms, his denial 
 of each materia] statement controverted by him, so that distinct and 
 separate issues may be readily framed thereon; and such allegations and 
 denials shall le verified by affidavit as provided for in Eule XV. 
 
 The banki'upt, if he desires to deny any of such new allegations, or 
 to avoid the effect thereof by the allegation of new matter, shall make 
 and verify his denials and allegations in the mannei' above provided; 
 and such new allegations may in like manner be denied or avoided by 
 the opposing creditor. 
 
 RULE LI. 
 
 Whenever it shall become necessary to adjourn the first meeting of 
 creditors under the 12th section of the Bankrupt Act, and to give a 
 new notice, as provided for in that section, it shall not be necessary to 
 serve such new notice upon creditors who were duly and properly served 
 with the notice of meeting required by the warrant issued under the 
 1 1th or the 42d sections of the Act, or to publish notices of the ad- 
 journed meeting, if the notices directed by such warrant were duly pub- 
 lished as required by such warrant. It shall be sufiioi6nt, in case 
 such notices were not so published, to publish such new notices twice in 
 each of the newspapers designated in such warrant. If proper notices 
 were not served upon aay creditor, it shall be sufficient to serve the new 
 notice personally or by mail, as may be directed by the Register, on 
 such creditors as were not properly served with the notices directed by 
 the warrant. The said new notices so to be published and seived shall 
 severally contain substantially the same statements as were contained in 
 the notices directed by the warrant, except that they shall state the meet^ 
 ing to be held to be " an adjourned meeting," and that it will be held in 
 pursuance of the 12th section of the Bankrupt Act' This may be done 
 by inserting in place of the " a " before the word " meeting " in said • 
 notices, theVor)^" in pursuance of the 12th section of the Bankrupt 
 Act, an adjourned.",-i'*^ch new notices must be served and such publi- 
 cation of new notices cotjroleted at least twelve days before the day 
 fixed for the holding of suMf-a^ourned meeting. 
 
 EUEE^n. 
 
 Witnesses or persons subpoenaed or summoned to attend before the 
 Court, or before a Register, shall be pai3^ tendered their fees for their 
 necessary travel and for one day's attendan(^ at the rate allowed by Act 
 of Congress, or no proceedings to compel obedience to such subpoena or 
 summons can be taken against them. 
 
 EULE LIII. I 
 
 Every assignee shall be allowed fifty cents tor drawing a notice of 
 dividend, or a notice of the meetings of creditors Jrequired to be given 
 or, published under the I'/th section of the Bankrwit Act, or a notice of 
 his application for a settlement of his accounts and iror a dischax-ge of his 
 
12 AMENDED AND ADDITIONAL RULES IN BANKRUPTCY. 
 
 liability as assignee, and the like sum for a copy thereof for publication 
 and attending to the publication thereof, in each of the newspapers in 
 which he is requii'ed to publish the same. He shall also be allowed the 
 same sum for a single copy of such written notice of a dividend, which 
 he shall post in his oflBce or place of business. And he shall not be 
 required to give any other written notice of a dividend under said l7th 
 section; — the Register being required, by the 27th section of the Act, 
 to " forward by mail to every creditor a statement of the dividend to 
 which he is entitled." The notice of dividends to be posted as aforesaid, 
 shall be addressed substantiallv as follows : — " To each rnd every creditor 
 of A B , a bankrupt. 
 
 EULE LIV. 
 
 Nothing in these Rules contained shall require any Register, Mar- 
 shal, Messenger, Clerk or Assignee, to render any service or make any 
 disbursements, unless the fees therefor or the amount of such disburse- 
 ments shall have been previously advanced or secured to him. 
 
 RULE LV. 
 
 All applications for the calling of a second or a third meeting of 
 creditors, made after the expiration of three months from the date of 
 the adjudication in Bankruptcy in the case in which such application 
 shall be made, shall be made to the Register in Bankruptcy to whom 
 such case shall stand referred, and by the Assignee in Bankruptcy as re- 
 quired by the 27th and 28th sections of the Bankrupt Act ; and here- 
 after no order for the second and t^rd meetings of creditors shall be 
 made by the District Court unless the application for the discharge of the 
 Bankrupt shall be made within three months from the time the appli- 
 cant was adjudged a Bankrupt. Such order, when made by a*fiegMter, 
 shall be signed by the Register making the same, and the" signature and 
 the seal of the Clerk shall not be required to be affixed thereto. 
 
 r 
 
 Young, iioclcwood & Jolmsou's Steam PreHs, Buffklo. 
 
KULES 
 
 REGULATING PKOCEEDINGS IN 
 
 B ANKEUPTCY, 
 
 ADOPTED BY THE 
 
 DISTRICT COURT OF THE UNITED STATES, 
 
 NORTHERN DISTRICT OF NEW YORK, 
 
 JUNE S7 1867. 
 
 ALBANY: '\ 
 
 PUBLISHED BY WILLIAM GOUy) & SON. 
 1867. 
 
At a Court of Bankeuptcy, held in and for the Northern 
 District of New York, at the United States Court Eoom in the 
 City of Buffalo, on the 26th day of June, in the year of our 
 Lord one thousand eight hundred and sixty-seven, 
 
 Present, the Hon. N. K. Hall, District Judge. 
 
 Ordered, That the following Eules be and they are hereby 
 adopted and prescribed for the regulation and government of the 
 proceedings. in Bankruptcy in the District Court of the United 
 States for the Northern District of New York, pursuant to an Act 
 entitled, "An Act to establish a viniform system of Bankruptcy 
 throughout the United States," approved March 2, 1867. 
 
RULES IN BANKRUPTCY. 
 
 RULE I. 
 
 The Act of Congress, entitled "An Act to establish a uniform 
 system of Bankruptcy throughout the United States," approved 
 March 2d, 1867, the General Orders in Bankruptcy adopted by the 
 Justices of the Supreme Court, and the following Eules, shall, 
 until otherwise ordered, be Eules of Practice in Bankruptcy in 
 this Court, in respect to all matters and proceedings tisercin pro. 
 vided for. 
 
 In cases not provided for, either by said Bankrupt Act, General 
 Orders, or Eules, the practice of this Court shall be subject to 
 the Special Order of the District Court, or Judge, and will be 
 made to conform, as near as may be, to the practice of the District 
 Court in other cases of similar character, or to the practice estab- 
 lished by the Rules in Bankruptcy adopted in the. Southern 
 District of New York. \_ 
 
 Whenever any Special Ordfr hereafter made by the District 
 Court, in any particular case, shall conflict with these Rules, the 
 direction of such Special Order shall be followed in such case. 
 
 RULE IL"-^ 
 
 Except during the absence of the District Judge, the District 
 Court will be open for the transaction of business as a Court of 
 Bankruptcy, at the United States, Court Room in the City of Buf- 
 falo, on every Tuesday, Wednesday, Thursday and Friday, from 
 lb o'clock A. M. until 1 o'clpclc p. M., unless the business before it 
 shall soondr be disposed of. Except at the Stated Sessions of the 
 Court, no case or matter in bankruptcy will, under ordinary 
 circumstances, be taken up on Mondays or Saturdays, or on 
 other days after the hour last named, or after the Judge 
 
4 ,. EULES IN BANK'BUPTCY. 
 
 shall have disposed of all the business before him and left the 
 court room for the day. At such Stated Sessions all other busi- 
 ness will have preference, except during the first half-hour after 
 the opening of the Court in the morning of each day. 
 
 EULB III. 
 
 All papers used in Court or filed in proceedings in Bankruptcy, 
 whether prepared by parties to the proceedings or their attorneys, 
 or by any Eegister in Bankruptcy, or other officer of the Court, 
 or by any assignee in Bankruptcy, shall be written in a fair and 
 legible hand, or else properly printed, upon paper substantially of 
 the size and width of that called legal cap or foolscap, and folded 
 in the form and size in which law papers, written on foolscap paper 
 are usually folded. 
 
 Every such paper containing more than three folios, shall have 
 the folios therein duly marked and numbered ; and the folios of 
 all copies thereof shall be marked and numbered in the same man- 
 ner, so as to admit of easy reference. 
 
 Papers not requiring full sheets of foolscap, may be written or 
 printed on half or quarter sheets ; and notices not requiring to be 
 filed may be on smaller portions thereof 
 
 All papers to be filed shall be prepared with a white margin, of - 
 at least one inch wide along the head of each and every half or 
 quarter sheet thereof, in order that they, may be properly and' 
 securely fastened together at such headpto constitute the final 
 record in the case, and also with a white margin at least one inch 
 wide at the left hand side thereof. 
 
 No paper nbt prepared in compliance with this rule, and also in 
 compliance with the Greneral Orders in Bankruptcy, shall be filed 
 by the Clerk without the special order of the Court or Judge ; 
 and no Attorney not adn^itted in the District Court shall be allowed 
 to practice therein in cases in Bankruptcy. 
 
 \ RULE IV. 
 
 Every Register in Bankruptcy, or other officer of the Court, 
 before administering the proper oaths in verification of any peti- 
 tion, schedule, inventory, deposition, affidavit or other paper, 
 shall see that the different sheets or pieces of paper of which it is 
 
BULKS IlT BANKRUPTCY. 6 
 
 oimposed, and those to which it refers as annexed, are properly 
 fastened together, in such manner' as to give reasonable security 
 against the separation, loss, or change of any part thereof, 
 
 EULB Y. 
 
 Before any petition under the 11th section of the Bankrupt Act 
 shall be presented to the Court or Judge, or be filed with the 
 Clerk, the petitioner shall obtain from a Eegister in Bankruptcy a 
 certificate substantially in the form following, to wit: 
 
 " Tdo hereby certify that Ihave carefully examined the annexed or 
 within petition, and the schedule and inventory thereto annexed, and 
 also the verifications thereof, and that the same are proper in form' and 
 sufficient in substance to authorize an adjudication in Bankruptcy, 
 and the issuing of a warrant under the 11th section of the Bankrupt 
 Act. 
 
 Given at this day of 186 . 
 
 A. B. 
 Eegister in Bankruptcy. 
 
 "Which certificate shall be indorsed on or annexed to such petition 
 by the Eegister. Before making such certificate, the Eegister will 
 carefully examine every part of the petition, schedule and inven- 
 tory, to ascertain whether the petitioner has fully complied with 
 every requirement of the Bankrupt Act, and of the General Orders 
 and Eules of Court applicable thereto ; and particularly that they 
 are substantially in the form prescribed by such Genqral Orders ; 
 that all the blanks of both such schedule and inventory are prop- 
 erly filled, and filled by using the word " none " where that is 
 proper ; that both the real and personal propertjl' of the petitioner) 
 and the place where each part-of the same is situated are set forth 
 in detail and sufficiently described, '^and that- the incumbrances 
 thereon are stated ; or that it is stated that there is no incurhbrance 
 thereon. He will also ascertain th'at the petitioner has fully set 
 forth in his schedule, in respect to every' debt stated therein, all the 
 particulars recfuired by the 11th section of the Bankrupt Act. 
 
 And the Eegisters are specially enjoined to refuse sucti cei-tifi- 
 cate, and to decline'making any order of adjudication in Bankruptcy 
 upon any petition, until every requisite of the Bankrupt Act and 
 of the General Orders are fully and strictly complied with. 
 
b RULES IN BAFKBUPTCY. 
 
 EULE VI. 
 Before any petition under the 39th section of the Bankrupt Act 
 shall be presented to the Court or Judge, the petitioner shall pro-, 
 cure the certificate of a Register in Bankruptcy, to be endorsed on 
 or annexed to such petition, substantially in the following form, 
 viz. : 
 
 " 1 certify that I have carefully examined the annexed or within 
 petition, and the verification thereof, and that the same are in proper 
 form, and sufficient in substance to authorize an adjudication in Bank- ' 
 ruptcy, and the issuing of a warrant under the S9th section of the 
 Bankrupt Act." 
 
 Given at this day of 186 ." 
 
 RULE VII. 
 ~A11 petitions filed under the 11th and 39th section of the Bank- 
 rupt Act shall be numbered consecutively, and the Clerk shall 
 enter the case under its proper title in his docket, giving to such 
 case a full page thereof He shall place its number at the head 
 of the outside filing of said petition, which number shall there- 
 after be the designating number of such case until finally disposed 
 of Every other paper, proceeding or notice in such case or 
 matter shall be marked by the Clerk, Register, Messenger, or 
 other officer or party preparing it, with such designating number 
 at the head of the ou'tside filing, or, if there be no outside filing, 
 on or near the upper left hand' corner. ^" 
 
 RULE VIII. i 
 rti^case of the absence of the District Judge from the Citv of 
 Buffalo, or whenever he shall be unable to aitend to business by 
 reason of sickness or other cause', petitions in cases of voluntary 
 bankruptcy mnj be filed with, the clerk, and the usual order for 
 the reference thereof to a Register designated in the order, mav 
 be entered upon tlie direction of Eben C. Sprague, Esq., one of 
 the Registers in Banliruptcy, who is hereby designated and 
 authorize/d to sit in chambers at Bafif'alo for that purpose. And 
 in case of the like absence of tlie Judge at the time appointed for 
 showing cause, or for an^ hearing or proceeding in any matter of 
 bankruptiy, or if any sucli matter, for want of time or other cause, 
 ^hall ooi be acted on at the time appointed therefor, the same shall 
 
RULES ijsr Bankruptcy. 7 
 
 be continued, without speciA.1- order for that purpose, to the next 
 sitting of the Court thereafl&r, at wh'ich time the like proceedings 
 may be hadj.thereon as if the day of such subsequent sitting had 
 been originally appointed for such proceedings. 
 
 EXILE IX. ^ 
 
 The Clerk shall prepare and number envelopes of uniform size, 
 as nearly as practicable, in which to keep separately the papers 
 filed ill each case, while the same is in progress. The designating 
 number and the title of the case shall be indorsed upon the 
 envelope. 
 
 RULE X. 
 
 A copy of every other order of tiie Court made at the time of 
 making an order referring the petition of a debtor to a Register in 
 Bankruptcy, and which contains any directions in regard to the 
 contents ' of the warrant to be issued thereon, the publication or 
 service of notices, or in regard to the action of the Register on 
 such petition, shtill be attached by the Clerk to the certified cbpy 
 of such order of reference furnished to the Register. 
 
 RULE XL ^tt^uA. 
 
 In cases of voluntary Bankruptcy, the Register to whqm the 
 debtor's petition under the 11th section of the Bankrupt act shall 
 be referred, shall proceed to consider such petition at the time 
 and place fixed in the order of reference for his first action there- 
 on, and shall then act on such petition and shall make the order 
 of adjudication of Bankruptcy, or other 'proper order thereon, 
 on the same day, or on some day to which the hearing on 
 such petition may then be, adjourned. On such hearing any 
 creditor of the petitioner who has proved his' debt, or who shall 
 prove th6 same on such hearing,^ may oppose the prayer of said 
 petition, by filing with the Register an answer or objection thereto 
 as hereinafter provided. 
 
 RULE XII. 
 
 The warrant issued to the Marshal, as Messenger, under the 
 11th section of the Bankrupt. Act, shall ^^esignate the creditors 
 (if any) on whom personal service is to be jnade ; and notice shall 
 be served by mail upon all creditors not so designated. No cred- 
 itor shall be designated as one on whom personal service is to be 
 made, except for special reasons of an imperative or very import- 
 ant character. 
 
8 BtJLES IN BANKEUPTCY. 
 
 EULE XIII. 
 The 11th section of the Bankrupt Act expressly requiring 
 that the warrant to be issued under that section, shall be issued and 
 signed by the jtidge or register authorized to grant the same, there 
 will.be added to the form of said warrant as prescribed by the Gen- 
 eral Orders in Bankruptcy, immediately under the signature and 
 official designation of the Clerk of the District Court and as a part of 
 such warrant, when granted and issued by aEegister, the following 
 words, or the substance thereof: " Given under the hand and seal 
 of the undersigned, a Eegister in Bankruptcy for the said Judic- 
 ial Pistrict, by whom this warrant is granted, signed and issued, 
 in pursuance of the 11th section of the act of Congress above 
 referred to, on the day last above mentioned." Whenever sucb 
 warrant shall be issued by the Judge of the District Court, the 
 same addition shall be made, except that the words " District 
 Jadge of the United States," shall be sulDStituted for the words 
 " a Eegister in Bankruptcy." 
 
 EULE XIV. 
 
 When the proceeding is instituted by or on behalf of,the bank- 
 rupt, a duplicate copy of his petition, schedule and inventory, as 
 required by the 11th section of the Bankrupt Act, shall be lefl 
 with the Eegister to whom his petition is referred, at or before the 
 time fixed in the order of reference for the first attendance pf 
 the petitioner before such Eegister. 
 
 Such copy shall be certified by the Clerk or aEegister in Bank- 
 ruptcy to be a true copy, or shall be verified as such by the 
 affidavit of the petitioner or of his attorney, duly sworn or affirmed 
 to before a Eegister in Bankruptcy, a Commissioner appointed by 
 the Circuit Court, or a Notary Public. In either case the petitioner 
 must, at his peril, ascertain that such copy is strictly correct. 
 
 EULE XV. 
 A party appearing to show cause against or oppose the prayer 
 of a petition under the 11th or 39th sections of the Bankrupt Act, 
 shall file a brief statement, in writing, of the grounds of his oppo- 
 sition or objections inereto, if such objections relate solely to 
 questions of law or practice in respect to the regularity or suffi- 
 ciency of the petition. If his opposition to such petition is founded 
 upon a denial of any statement of fact contained in sucb petition, 
 
RULES IN BANKRUPTCY. 9 
 
 or upon the alleged existence of other facts not stated therein, he 
 shall, by an.answer to such petition, set forth in writing, in distihct 
 and separate articles, and according to his best knowledge, infor- 
 mation and belief, his denial of each material allegation so denied 
 by him, and each allegation of new matter, so that distinct and 
 separate issues may be readily framed thereon ; and he shall annex 
 thereto his affidavit' that he has read said answer so signed by him> 
 or heard the same read, and knows the contents thereof, and that 
 the same is true of his own knowledge, except as to the matters 
 therein stated on information and belief, and that as to those mat- 
 ters he believes it to be true. 
 
 EULB XVI. 
 The Court, at its own instance, or on motion of either party, 
 will refer to a Eegister, Commissioner, or Eeferee, designated or 
 appointed for the purpose, for examination and report, such mat- 
 tsrs arising in proceedings in Bankruptcy, as, under the provisions' 
 of the Bankrupt Act may properly be so refeired. 
 
 EULE XYII. 
 Exceptions may be filed tq the report of a Eegister, Eeferee or 
 Commissioner, upon any matter referred to him, within eight days 
 after the filing of such report; and exceptions to the admission or 
 rejection of evidence may be filed within four days after the 
 return of proofs is filed, and either party may then apply for an 
 order fixing a time for the hearing upon such exceptions. 
 
 EULE XVIII. 
 When a trial by jury is to be had, no formal pleadings shall be 
 necessary to present the issue, but the order for such trial shall 
 contain the issues made by the petition, answer, and other papers 
 presenting the issues to be tried, '^■. 
 
 EULE XIX. - 
 Causes cannot be noticed for proof, nor witnesses be called and 
 sworn, in open Court (except in trials before a jury) without the 
 previous special allowaijce of the Court, on adequate cause'shown. 
 
 EULE XX. 
 When proofs are to be made out of Court, and the case is ready 
 therefor, either party may apply for an order to take the same ; 
 2 
 
10 Rtfl/ES IK BAJiTKRuMeY. 
 
 and theiiame and residence of the Eegistef or otter officer or pe*!-" 
 son befpre whom such proofs are to be taken, shall be stated ia 
 the order. 
 
 EULE XXI. 
 A copy of the order shall be delivered to the person before 
 whom the testimony is to be taken by the party for whom it is 
 entered, and uir parties interested shall thereafter for themselves 
 ascertain and take notice of the time and place of taking the 
 same, wliich time and place shall be fixed by the person before 
 whom it is to be taken, in such manner that such parties may have, 
 a reasonable time to prepare therefor. 
 
 EULE XXII. 
 All returns and reports from Eegisters in Bankruptcy or other 
 officers of tiie Court, or Ecferees, shall be dii'ected to the Clerk of 
 the Court at Buffalo, N. Y., and shall be sent free of postage or 
 other charges; and in case of unreasonable delay on the part of 
 tile Eegister or oilier officer or referee in making a return or repoit 
 in any case, an order will be granted requiring him to make such 
 return or report or show cause on a day specified why he has not 
 done so. 
 
 EULE xxin. ^ 
 
 Letters to the Eegister, Clerk or Marshal requiring an answer, 
 sliould be accompanied by envelopes, properly addressed, and 
 with the proper postage stamps affixed, in which to enclose the 
 reply and whatever else may be required ; and no Eegister or 
 officer of the Court will be required to answer any such letter 
 unless tliis is done, and his fees in addition are inclosed. When- 
 ever any receipt is desired from any such officer, it must be 
 prepared and presented by the party desiring it and with the 
 proper revenue stamp thereon. 
 
 EULE XXIV. 
 
 In every certificate made by a Eegister stating any case, point, 
 or matter for the opinion of the District Judge under the 4th or 
 6th section of the Bankrupt Act, according to form No. 50 estab- 
 lished by the General Orders in Bankruptcy, the facts agreed upon 
 by the parties to the controversy shall be clearly and fully stated 
 lyith reasonable certainty of time and place ; and this shall Le 
 
RULES IlsT BANKBUPTCy. 11 
 
 followed by a brief statement of the claim made, or position 
 assumed, by each of the parties to the controversy. The Eegi.ster 
 shall then add thereto such proposed order, adjudication or decision 
 as in his judgment ought to be made, and which shall be il\ such, 
 form that the District Judge may signify his Spprovalthereof by 
 his signature. The Eegister shall then afford to each of the 
 opposing parties or their attorneys a reasonable opportunity to con- 
 sent, in writing, to the Eegister's decision thereon. The Court will 
 on the approval and confirmation of such decision of the Eegister, 
 make such order for costs, against any party declining to assent 
 thereto, as may be deemed proper. In case all parties to such 
 controversy shall assent to such adjudication or decision of the 
 Eegister, he shall file the same and proceed with the case upon 
 the basis thereof, as though such controversy had not arisen. 
 
 EULE XXV. 
 It shall be the duty of the assignee, as soon as practicable after 
 his appointment shall be complete, to take into his possession all 
 the estate, real and personal, o-f every name and nature, of the 
 bankrupt, with the exceptions mentioned in tlie Bankrupt Act ;. 
 and also all the deeds and books of account, papers and writings 
 of the bankrupt, pertaining thereto ; and for this purpose the 
 assignee shall make diligent inquiry into the affairs and transac- 
 tions of the bankrupt. 
 
 Every assignee shall, under section 27 of the Bankrupt Act, 
 produce and file with his account, proper vouchers for all pay- 
 ments made by him, except payments of one dollar or less, and 
 except items in regard to which the Court sliall for reasonable 
 cause, and by special order, dispense with vouchers. The items 
 so excepted may be allowed to a reasonable extent, upon the posi- 
 tive oath of the assignee, that the amounts charged therein were 
 actually and necessarily paid. 
 
 In cases of Voluntary Bankruptcy when the assignee or any 
 creditor shall, after the adjudication of Bankruptcy, have gopd 
 reason to suspect that the bankrupt has property or any right of 
 property which he has not set forth in his inventory, such assignee 
 or creditor upon application, the Court,, or the Register acting in 
 
12 RULES IN BANKBTJPTCY. 
 
 the case, stating briefly and Un,der oath the grounds of his suspicion, 
 may on due cause shown by affidavit apply for an order for the 
 examination of the bankrupt on or.th or affirmation. And if, 
 upon due service on the bankrupt of a copy of any such order 
 and notice of the time and place appointed for such examination, 
 the bankrupt shall fail to appear and fully to submit himself to 
 such examination, and to subscribe his deposition, application may 
 forthwith be made to the Court, upon an affidavit stating the facts 
 of the case, for coqipulsory process against such bankrupt. 
 
 EULE XXYII. 
 In cases of Involuntary Bankruptcy, it shall be the duty of the 
 assignee, as soon as practicable after he shall be appointed and 
 qualified, to apply to the bankrupt for a full and true account of 
 all his property and rights of property, and of all the deeds and 
 books of account, papers and writings of the bankrupt pertaining 
 thereto, as required by the Bankrupt Act; and if the bankrupt 
 shall refuse to give such account, or if the assignee or any creditor 
 of the bankrupt shall have good reason to suspect that he has 
 practiced any concealment in giving such account, such assignee 
 or creditor may, on application to the court, and due cause'shown 
 by affidavit, have an order for the examination of such bankrupt, 
 and, if necessary, for compulsory process aga,inst him, as provided 
 in the last preceding rule. 
 
 EULE XXVIII. 
 Every bankrupt shall at all times be bound to attend the assignee 
 upon the requirement of the Eegister acting in his case, and on 
 reasonable notice in writing for that purpose, to be served person- 
 ally or left at his usual place of abode, in order to assist in makino- 
 out the accounts of the said bankrupt's estate and effects, and to 
 attend any court to be examined in any suitorproceedinorespect- 
 • ing the same, for which he shall be entitled to receive from the 
 assignee a reasonable compensation out of the estate. 
 
 EULE XXIX. ^l''■ J J 
 When an order for the examination of any bankrupt or other 
 person shall be made, any creditor, or the bankrupt himself, at the 
 time and place appointed for such examination, or at any other 
 time to which such examination may be continued or adjourned 
 
RULES IN BANKRUPTCY. 13 
 
 may, at his own expense, produce witnesses touching the subject 
 matter of such examination, and shall be entitled to the ordinary- 
 process of subpoena, to be issued by the Clei-k or Eegister, requir- 
 ing the attendance of such witnesses, which subpoena the witnesses 
 shall be bound to obey, provided their legal fees are paid or tend- 
 ered on the service of such subpoena. 
 
 EULE XXX. 
 All ijiptjons and applications of which notice shall be required, 
 shall unl&ss otherwise provided for by law, the General Orders, or 
 these rules, or by special order, be noticed for some Tuesday or 
 Wednesday, at 10 o'clock, A. M., and the notice shall be accom- 
 panied by a copy of the affidavits or other papers on, which the 
 motion or application is to be made, except in cases where a refer- 
 ence to such papers and a statement that the same will be used on 
 making a special motion is sulTicient iinder the general practice of 
 the Court. All rules, notices ami mif^sm, when not otherwise 
 provided for, shall be rules or a otiooa of eight days when served 
 personally, and one half that time in addition when served by 
 mail. 
 
 When the object is to bring a party into contempt for disobey- 
 ing any process, or any rule or order of the Court or of a Eegister, 
 the service shall be personal, unless otherwise ordered by the 
 ^ Court. 
 
 EULE XXXI. 
 Affidavits of the pablication of notices in a newspaper, shall 
 show that the same were published in the regular edition and 
 issue of such newspaper, and shall state the day or days on which 
 the same were published. Such affidavits must be sworn or 
 affirmed before a Eegister in Bankruptcy, tbe Clerk of the Court, 
 a Commissioner appointed by the Circuit Court of the United 
 States, or a Notary Public, and shall be substantially in the fol- 
 lowing form : 
 
 Northern District of New Yore, ) 
 County of , \ ^^■ 
 
 A. B. of in said County being duly sworn doth depose 
 
 • and say that he is (the printer, the publisher, or the foreman in the 
 office, as the case may be), of the 
 a public newspaper published in said County, and that the notice of which 
 
14 - RULES IN BANKEUPTCy, 
 
 the, annexed is a' printed copy cut from said newspaper, was prinfedand; 
 published in the regular edition and issue of said newspaper on the 
 following days, viz. : On the and 
 
 days of 186 : (or on the and 
 
 days of and on the days of 186 
 
 Subscribed And sworn before me, tkCs day of 186 
 
 EULB XXXII. (^A-X 
 Tke notice of the appointment of the assignee of a ban^upt, 
 required to be given by him under the provisions of the /1th sec- 
 tion of the Bankrupt Act, shall be published once a week for 
 three successive weeks, in each of the newspapers in which the 
 notice of the first meeting of the creditors of such bankrupt was 
 directed to be published. 
 
 Notices to creditors of dividends, and notices of meetings, 
 required by the 17th, 27th and 28th sections of the Bankrupt Act, 
 and notices of sale by an* fe^^g'^s^) required to be given under the 
 21st General Order, shall bdk published twice in the same news- 
 paper; the last publication of such" notices of sale to be made at 
 least the number of days before the sale required by such General 
 Order. 
 
 EULE XXXIII. 
 
 All notices served or sent by mail by the Marshal, Clerk, or 
 Assignee, shall, when practicable, be so prepared, directed and 
 folded, that the direction, postage stamp and post mark shall be 
 upon the notice itself, and not on an envelope or other piece of 
 paper. 
 
 EULE XXXIV. 
 
 The list of debts provided for by section 28 of the Bankrupt 
 
 Act, shall be made and certified by the Eegister to whom the ' 
 
 original petition in the case wag referred, unless another Eegister 
 
 shall have been specially designated for that duty by the District 
 
 Court. The Eegister shall place thereon all debts which have 
 
 been duly proved and which have not been disallowed by the 
 
 Court, unless it shall be otherwise specially ordered by the District 
 
 Court. 
 
 EULE XXXV. 
 
 Applications, under section 34 of the Bankrupt Act, to set 
 aside and annul the discharge granted to any bankrupt, shall 
 clearly set forth in separate and distinct articles, and with reason- 
 able certainty of time and place, according to the best knowledge , 
 
RULES IN BANKRUPTCY. 15 
 
 information and belief of the applicant, all the material facts and 
 allegations on -which the application is based. 
 
 The bankrupt shall admit or deqy, or otherwise answer the 
 several allegations of such applicaijpi, in distinct articles, in like 
 manner; and such application ancraiswer shall severally be veri- 
 fied by affidavit substantially in the form prescribed by Kule XV. 
 
 EULE XXXVI. 
 
 The fifty dollars required to be deposited as security for Regis- 
 ter's iees shall, until otherwise ordered, be deposited with the Clerk 
 according to General Order, No. 80. 
 
 The provisional disposition and ultimate disbursement of the 
 same will be regulated by rules hereafter to be promulgated, or by 
 special order. ~ /i 
 
 [RULE XXXVII. [AAAmJL 
 
 Deposits made in a National Bank selected as a depository tinder 
 the 28th General Order, shall be made by the assignee to his, 
 credit as assignee in the particular case in which such moneys 
 have been received, and a separate account shall be kept in ea.ch 
 case, according to its proper number and title. 
 
 Eben C. Sprague, Esq., one of the Registers of this Court, is 
 hereby designated for the purpose of countersigning all checks 
 drawn on any such deposit Bank at Buffalo. 
 
 A certified copy of this Rule shall be furnished by the Clerk to 
 
 such Deposit Bank. ^ I 
 
 RULE XXXVIII. (XamU^- 
 
 The selection and designation of Deposit Banks, of newspapers 
 ill which notices of the first meeting of creditors and other notices 
 shall be published, and of persons to be appointed assignees in 
 Bankruptcy when the creditors fail to choose an assignee, not 
 having been completed, such designation will hereafter be made 
 and announced. 
 
 Until otherwise provided by General Rule, the Registers will, 
 by their warrants, direct the publication of notices of meetings of 
 creditors in such newspapers and for such number of times as may 
 be prescribed >y the order of reference or other order of the Dis- 
 trict Court in each case ; and in the absence of any such special order, 
 the warrant shall direct the notices to be published four times in 
 two newspapers, to be selected by the Register from those pub- 
 lished in the coiinty in which the petitioner resides, or in an 
 adjoining County.' 
 
w^