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2 March 1867. for assuming proceedings shall not be reckoned in calculating periods of time prescribed by this act.
XV. PENAL CLAUSES.
98. From and after the passage of this act, if any debtor or bankrupt shall, after the commencement of proceedings in bankruptcy, secrete or conceal any property belonging to his estate, or part with, conceal or destroy, alter, mutilate or falsify, or
Penalty for fraudulent con
cealment of pro- cause to be concealed, destroyed, altered, mutilated or falsified, any book, deed, docu
2 March 1867 244. 14 Stat. 539.
Fraudulent conveyances. Gaming. Omissions from schedules. Fictitious claims and losses.
Punishment on conviction.
Ibid. 45. Punishment of extortion, &c.
Ibid. 46. Punishment of forgery, &c.
ment 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:
Or make any payment, gift, sale, assignment, transfer or conveyance of any property belonging to his estate, with the like intent, or "shall spend" (a) any part thereof in gaming; or shall, with intent to defraud, wilfully and fraudulently conceal from his assignee, or omit from his schedule, any property or effects whatsoever; or if, in case of any person having, to his knowledge or belief, proved a false or fictitious debt against his estate, he shall fail to disclose the same to his assignee within one month after coming to the knowledge or belief thereof; or shall attempt to account for any of his property by fictitious losses or expenses:
Or shall, within three months before the commencement of proceedings in bankruptcy, under the false color and 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 three months next before the commencement of proceedings in bankruptcy, pawn, pledge or dispose of, otherwise than by bona fide transactions in the ordinary way of his trade, any 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 conviction thereof in any court of the United States, shall be punished by imprisonment, with or without hard labor, for a term not exceeding three years.
99. If any judge, register, clerk, marshal, messenger, assignee or any other officer of the several courts of bankruptcy shall, for anything done or pretended to be done under this act, or under color of doing anything thereunder, wilfully demand or take, or 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, emolument, gratuity, sum of money or anything of value whatever, other than is allowed by this act, or which shall be allowed under the authority thereof, such person, when convicted thereof, shall forfeit and pay the sum of not less than three hundred dollars and not exceeding five hundred dollars, and be imprisoned not exceeding three years.
100. If any person shall forge the signature of a judge, register or other officer of the court, or shall forge or counterfeit the seal of the courts, or knowingly concur in using any such forged or counterfeit signature or seal, for the purpose of authenticating any proceeding or document, or shall tender in evidence any such proceeding or document 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 shall be liable to a fine of not less than five hundred dollars, and not more than five thousand dollars, and to be imprisoned not exceeding five years, at the discretion of the court.
XVI. FEES AND COSTS.
101. In each case there shall be allowed and paid, in addition to the fees of the clerk of the court as now established by law, (b) or as may be established by general Clerks' and regis- order, under the provisions of this act, for fees in bankruptcy, the following fees, which
2 Mar. 1867 47. 14 Stat. 540.
shall be applied to the payment for the services of the registers :—
For issuing every warrant, two dollars. (c)
For each day in which a meeting is held, three dollars.(d)
For each order for a dividend, three dollars.
For every order substituting an arrangement by trust deed for bankruptcy, two dollars.
(a) So amended by act 27 July 1868. 15 Stat. 228.
(b) The clerk is entitled to a fee of one dollar for an order for the bankrupt's examination; but he is not entitled to such fee for an order of reference. Ex parte Dean, 1 Bank. Reg. 26.
(c) The register is not entitled to any fee, for the list of creditors accompanying the warrant. Ex parte Robinson, 1 Bank. Reg. 49.
(d) Where more than one meeting of creditors is held in the same case, in one day, the register is only entitled to three dollars. Ex parte Robinson, 1 Eank. Reg. 49. The term "meeting," means a meeting of creditors. Ex parte Macintire, 1 Ben. 277; but see Ex parte Sherwood, 25 Leg. Int. 76; s. c. 1 Bank. Reg. 74.
For every bond with sureties, two dollars.
For every application for any meeting in any matter under this act, one dollar. (a) For every day's service, while actually employed under a special order of the court, (b) a sum not exceeding five dollars, to be allowed by the court.
For taking depositions, the fees now allowed by law.
For every discharge, when there is no opposition, two dollars.
Such fees shall have priority of payment over all other claims out of the estate, (c) Priority of costs. and, before a warrant issues, the petitioner shall deposit ** with the clerk, (d) * * fifty dollars, as security for the payment thereof. (e) And if there are not sufficient assets for the payment of the fees, the person upon whose petition the warrant is issued, shall pay the same, and the court may issue an execution against him to compel payment to the register.(g)
102. Before any dividend is ordered, the assignee shall pay out of the estate to the Messengers' fees. messenger the following fees, and no more :—
I. For service of warrant, two dollars.
II. For all necessary travel, at the rate of five cents a mile each way.
III. For each written note to creditor named in the schedule, ten cents.
IV. For custody of property, publication of notices, (h) 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 to the necessity of said expenses.
For cause shown, and upon hearing thereon, such further allowance may be made, as the court, in its discretion, may determine.
103. The enumeration of the foregoing fees shall not prevent the judges, who shall Tariff of other frame general rules and orders in accordance with the provisions of section ten, from fees may be es prescribing a tariff of fees for all other services of the officers of courts of bankruptcy, or from reducing the fees prescribed in this section, in classes of cases to be named in Fees may be their rules and orders.(i)
(a) Whenever the register orders a meeting of creditors, he is entitled to this fee. Ex parte Dean, 1 Bank. Reg. 26; but see Ex parte Robinson, Ibid. 49.
XVII. MISCELLANEOUS PROVISIONS.
14 Stat. 535.
104. The filing of a petition for adjudication in bankruptcy, either by a debtor in his 2 Mar. 1867 3 38. 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 Filing petition to and taken to be the commencement of proceedings in bankruptcy under this act. ment of proceed105. The proceedings in all cases of bankruptcy shall be deemed matters of record, ings. but the same shall not be required to be recorded at large, but shall be carefully filed, Records. kept and numbered in the office of the clerk of the court, and a docket only, or short memorandum thereof, kept in books to be provided for that purpose, which shall be open to public inspection. Copies of such records, duly certified under the seal of the court, shall in all cases be primâ facie evidence of the facts therein stated.
106. Evidence or examination in any of the proceedings under this act may be taken Affidavits and before the court, or a register in bankruptcy, vivâ 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 bankruptcy, or other suitable person, to take and
(b) The register is entitled to $5 per diem while acting under an order to examine and report upon the regularity of the papers. Ex parte Dean, 1 Bank. Reg. 26; Ex parte Robinson, Ibid. 49. Ex parte Bellamy, 1 Ben. 426. But where the bank rupt appears, in pursuance of an order for his examination, which is postponed without action, the register is not entitled to the fee for a day's service. Ex parte Clark, 6 Int. R. Rec. 206. The order of reference is not a special one. Ex parte Dean, 1 Bank. Reg. 26; Ex parte Robinson, Ibid. 49; Ex parte Sherwood, 25 Leg. Int. 76; s. c. 1 Bank. Reg. 74.
(e) A lien-creditor is entitled to the proceeds of the property bound by his lien, after deducting the cost only of proving the lien. Ex parte Hambright, 2 Bank. Reg. 157; s. c. 2 Am. L. T. Bank. 61. See Ex parte Whitehead, 2 Bank. Reg. 180.
(d) So amended by act 27 July 1868. 15 Stat. 228.
2 March 1867.
(e) The sum so deposited is to be disbursed under the supervision of the court: it is not a fund for general distribution. Anon., 6 Int. R. Rec. 53; but see Anon., Ibid. 149; Ex parte Sherwood, 25 Leg. Int. 76; s. c. 1 Bank. Reg. 74. What services are to be compensated out of the sum so deposited. Ex parte Clark, 6 Int R. Rec. 206; Ex parte Dean, 1 Bank. Reg. 26; Ex parte Sherwood, 25 Leg. Int. 76; s. c. 1 Bank. Reg. 74. The court will not make an order limiting the costs and fees to $50, on the unsupported affidavit of the bankrupt, of his inability to pay more. Ex parte Anderson, 2 Bank. Reg. 166.
(g) Where a crolitor applies for the examination of a bankrupt, the register's fee for such examination must be paid by the creditor, in the first instance. Ex parte Macintire, 1 Ben. 277. A petitioner in bankruptcy is liable only for the cost of the direct
examination of his own witnesses, on a reference to the register; not for the time consumed in cross-examination, nor for the cost of the examination of the witnesses on the other side. Ex parte Schofield, 2 Bank. Reg. 1. So also, a creditor is only bound to pay the expenses of his own examination. Ex parte Mealy, 2 Bank. Reg. 51. If the assignee examine the bankrupt before the register, he must pay the cost of the examination, which, if he be without funds, must be advanced or secured by the creditors. Ex parte Hughes, 1 Bank. Reg. 9.
(h) See Ex parte Dean, 1 Bank. Reg. 26; Ex parte Talbot, 2 Bank. Reg. 93; 8. c. 2 Am. L. T. Bank 15.
(i) In cases of involuntary bankruptcy the compensation of the counsel of the petitioning creditors, is taxable as part of the costs of the proceedings. Ex parte O'Hara, 17 Am. L. R. 113; 8. c. 1 Am. L. T. Bank. 123; Ex parte Waite, 2 Bank. Reg. 146; 8. c. 2 Am. L. T. Bank. 77; Ex parte Moses, 3 Bank. Reg. 1. See Ex parte Williams, 2 Bank. Reg. 28; Ex parte Schwab, Ibid. 155; 8. c. 2 Am. L. T. 106. Where there is a trial by jury, and a verdict against the petitioning creditor, the docket fee of $20 is taxable to the attorney of the successful party. Gordon v. Stott, 16 Am. L. R. 749; s. c. 2 Bank. Reg. 28. A lien-creditor seeking the aid of the court of bankruptcy, in enforcing his lien, is bound to pay the costs incurred in obtaining such aid; but not the costs of general administration. Ex parte Hambright, 2 Bank. Reg. 157. A register has power to order the payment of fees and expenses incurred in a case, out of assets in the hands of the assignee, on application of the bankrupt's attorney. Ex parte Laue, 2 Bank. Reg. 100. As to the register's compensation for the custody and disposal of the debtor's property, prior to the appointment of an assignee, see Ex parte Loder, 2 Bank. Reg. 162; s. c. 2 Am. L. T. 106.
2 March 1867. 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 of equity in the circuit court.
107. The word "assignee," and the word "creditor" shall include the plural also; and the word "messenger" shall include his assistant or assistants, except in the provision for the fees of that officer. The word "marshal" shall include the marshal's deputies; the word "person" shall also include "corporation ;" and the word "oath" shall include "affirmation."
108. And in all cases in which any particular number of days is prescribed by this act, or shall be mentioned in 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 shall fall on a Sunday, Christmas day, or on any day appointed by the President of the United States as a day of public fast or thanksgiving, or on the fourth of July, in which case the time shall be reckoned exclusive of that day also.(a)
109. This act shall commence and take effect as to the appointment of the officers When act to take created 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 June, Anno Domini 1867.(b)
Ibid. 48.' Explanation of terms.
Computation of time.
I. GENERAL PROVISIONS.
Originals to be void. No patent to issue in pursuance of a loca
1. Warrants to be issued to widows or heirs of claimants. To tion thereon, except on proof of good faith and consideration. be deemed personal chattels, and to pass by assignment.
7. Secretary to prescribe regulations. False swearing punished.
8. Revival of laws for location of certain land warrants.
2. Warrants under act of 1855 to be assignable.
3. Certain locations confirmed.
9. Existing warrants may be located, and former locations validated.
4. Certain assignments validated. Patents to issue to assignees.
5. Location of certain warrants legalized.
6. In case of loss or destruction, new warrants may be issued.
To be deemed chat
tels, and to pass by assignment.
I. GENERAL PROVISIONS.
3 June 1858 1. 11 Stat. 308. Warrants to be issued to widows
1. When proof has been or shall hereafter be filed in the pension office, during the lifetime of a claimant, establishing, to the satisfaction of that office, his or her right to a warrant for military services, and such warrant has not been or may not hereafter be or heirs of claim- issued until after the death of the claimant, and all such warrants as have been here
7 June 1860 1. 12 Stat. 28. Certain assignments validated.
II. VIRGINIA LAND WARRANTS. 10. Construction of act of 1852.
tofore issued subsequent to the death of the claimant, the title to such warrant shall vest in the widow, if there be one, and if there be no widow, then in the heirs or legatees of the claimant. (c) And all such warrants, and all other warrants issued pursuant to existing laws, shall be treated as personal chattels, and may be conveyed by assignment of such widow, heirs or legatees, or by the legal representatives of the deceased claimant, for the use of such heirs or legatees only.
2. The provisions of the first section of the act approved March 22d 1852, (d) to make land warrants assignable, and for other purposes, shall be so extended as to embrace Act of 1855 to be land warrants issued under the act of the 3d March 1855. (e)
Ibid. 2 2. Warrants under
3 June 1858 1. 11 Stat. 309.
3. In all cases in which locations have been made with bounty land warrants, on lands which were subject to entry at private sale, but upon individual competition Certain locations were put up to the highest bidder, and the excess paid for in cash, such locations shall
be and they are hereby confirmed, if in all other respects regular; and authority is hereby given to issue patents accordingly: Provided, That such confirmation shall only extend to cases existing prior to the passage of this act.
4. That all assignments of pre-emption bounty land warrant locations, at any of the land offices in the United States, made in good faith since the 19th day of October 1852, and prior to the 21st of May 1856, under instructions from the commissioner of the general land office of the former date, be and the same are hereby declared valid; and
Patents to issue the secretary of the interior is hereby authorized to cause patents to be issued in the
name of the assignee on all such locations as now remain suspended and have not been patented.
(a) Where the adjudication was made 26 November 1867, it was held that an application for a discharge, filed 27 November 1868, was in time. Ex parte Lang, 2 Bank. Reg. 151.
(b) See Perry v. Langley, 16 Am. L. R. 429; 8. c. 1 Bank. Reg. 155; Day v. Bardwell, 97 Mass. 246; Martin v. Berry, 2 Bank. Reg. 188.
(c) The attorney-general has placed the following construction on this act: 1. That a warrant issued after the death of the claimant who left a widow and children, enures to the widow's
benefit alone: 2. When the deceased claimant has a widow with
12 Stat. 90. Location of cer
5. Warrants for bounty lands heretofore issued under the authority of the act entitled 23 June 1860 1 "An act to provide for satisfying claims for bounty lands for military services in the late war with Great Britain, and for other purposes," approved the 27th day of July, on warrants in the year 1842, and of the several acts reviving the same, approved the 26th day of legalized. June, in the year 1848, and the 8th day of February, in the year 1854, may be located in conformity with the general laws in force, at any time within three years from the date of this act; and all entries and locations made with such warrants, since the 26th day of June, in the year 1858, shall be as valid and effectual as if the several acts ́aforesaid had not then expired.(a)
12 Stat. 90.
6. Whenever it shall appear that any certificate or warrant, issued in pursuance of 23 June 1860 2 1. any law of the United States granting bounty land, has been lost or destroyed, whether the same had been sold and assigned by the warrantee or not, the secretary of the inte- In case of loss or rior shall be and he is hereby authorized and required, to cause a new certificate or warrants may be warrant of like tenor to be issued in lieu thereof; which new certificate or warrant may be assigned, located and patented in like manner as other certificates or warrants for bounty land are now authorized by law to be assigned, located and patented; and Originals to be in all cases where warrants have been or may be reissued, the original warrant, in whosesoever hands it may be, shall be deemed and held to be null and void, and the assignment thereof, if any there be, fraudulent; and no patent shall ever issue for any land located therewith, unless such presumption of fraud in the assignment be removed by due proof that the same was executed by the warrantee in good faith and for a valuable consideration.
No patent to is-
on proof of good
7. The said secretary of the interior shall be and he is hereby authorized and required to prescribe such rules and regulations for carrying this act into effect as he secretary to premay deem necessary and proper, in order to protect the government against imposition scribe regulaand fraud by persons claiming the benefit of this act; and all laws and parts of laws False swearing for the punishment of false swearing and frauds against the United States are hereby punished. made applicable to false swearing and fraud under this act.
for location of
8. The act entitled "An act to provide for satisfying claims for bounty lands for military services in the late war with Great Britain, and for other purposes," approved July 27th, in the year 1842, and the two acts approved January 27th, in the year 1835, Revival of laws therein and thereby revived, and also the two acts to the same intent and purpose, certain land warrespectively approved the 26th day of June, in the year 1848, and the 8th day of rants. February, in the year 1854, be and the same are hereby renewed and continued in force and effect, without restriction or limitation as to the time of location of said warrants issued in virtue thereof.(b)
2 July 1864 31.
13 Stat. 378.
9. All warrants for bounty lands heretofore issued in virtue of any of the several acts herein before named, may be located at any time subsequent to the passage of this Existing waract, in conformity with the general laws in force at the time of such location; and all rants may be entries and locations heretofore made with such warrants shall be as valid and effectual former locations as if the several acts aforesaid had not expired at the time of such entry and location, any law to the contrary notwithstanding.
II. VIRGINIA LAND WARRANTS.
12 Stat. 84.
act of 1852.
10. That the secretary of the interior, in executing the provisions of the act passed 22 June 1860 § 1. August 31st 1852,(c) entitled “An act making further provision for the satisfaction of Virginia land warrants," be required so to construe the same, as to authorize the satis- Construction of faction in scrip of all warrants or pa of warrants issued on allowances made by the executive of Virginia prior to the first day of March 1852, coming within the principles already recognised by the department of the interior in the execution of the provisions of the said act, and whether issued before or since the first day of March 1852: Provided, however, That no warrant or part of a warrant shall be satisfied in scrip, founded or issued on any allowance made by the executive of Virginia since the first day of March 1852.
(a) See infra 8-9.
4 Stat. 749; 27 July 1842, 5 Stat. 497; 26 June 1848, 9 Stat. 240, (b) See acts 24 February 1819, 3 Stat. 487; 27 January 1835, and 8 February 1854, 10 Stat. 267.
(c) 1 vol. 102, pl. 36–7.
1. Terms of the circuit courts.
2. When district judges to hold the courts.
3. Special courts. Parties may waive jury trial.
4. Clerks of circuit courts. Oath. Bond.
6. Fees of clerks.
I. CIRCUIT COURTS.
26. Notice of survey of private land claims to be published. Plats to be open to inspection. Copies to be sent to Washington.
7. Trial of issues of fact by the court. Appeals and writs of Powers of commissioner of the land office. When patents to
8. Terms of the district court. 9. Southern district abolished. 10. Transfer of pending causes. 11. Disposition of records. 12. Executions.
II. DISTRICT COURTS.
19 Feb. 1864 1. 13 Stat. 4.
17. Lists to be furnished to commissioner of the land office. 18. Selection of school lands.
19. Certain holders of Mexican grants to have the right of preemption. Exceptions.
20. Land to be set off for confirmed claims. Pre-emption claim
ants not to be affected.
Ibid. § 2. When district judges to hold the courts.
IV. LAND CLAIMS.
21. District courts may issue subpoenas to other districts within the state. And attachments for witnesses. Fees of witnesses. 22. Punishment for forgery of evidence of title. For uttering such forged documents.
23. For forgery of Mexican documents.
Ibid. 3. Special courts.
24. For presenting to any court, &c., such forged documents, knowing the same to be counterfeit. For prosecuting suits founded on such forged documents.
25. How records to be certified to the supreme court. Clerks. Duty of clerks of district courts. Penalty for neglect.
27. To apply to all surveys not already approved.
28. Appeals, how determined. Resurveys.
29. When case to be transmitted to the circuit court.
31. Surveys to follow decree.
32. Appeals regulated.
V. LAND OFFICES.
33. Additional districts. Powers of the president.
VI. PUBLIC ARCHIVES.
35. Public archives to be collected, and deposited in surveyor general's office. Certified copies to be evidence. Schedule to be made.
1. The term of the circuit court of the United States for the districts in California shall be held in the city of San Francisco, in said state, on the first Monday of FebTerms of the cir- ruary, and on the second Monday of June, and on the first Monday of October of each
year; and in the city of Monterey, in said state, on the first Monday of April, and on the second Monday of August, and on the first Monday of December, of each year; and a term of said circuit court for the state of Oregon shall be held at the city of Portland, in said state, on the first Monday of January, and on the first Monday of May, and on the first Monday of September, of each year.
2. Whenever the circuit judge is absent, or from any cause is unable to hold a term of the circuit court as above provided, it shall be the duty of the district judge of the district to hold such term. No term of the circuit court in one district of the tenth circuit shall be deemed to be ended from the commencement of a term in another district. A circuit court may be held in the different districts at the same time.
3. The circuit judge of said tenth circuit may, at his discretion, appoint special sessions of the circuit court, to be held at the places where the stated sessions thereof are to be holden, as provided in this act, by an order, under his hand and seal, addressed to the marshal and clerk of said court, at least fifteen days previous to the day fixed for the commencement of such special sessions, which order shall be published by the marshal in one or more of the gazettes or newspapers within the district where such sessions are to be holden. At such special sessions, it shall be competent for the said court to entertain jurisdiction of and hear and decide all cases in equity, cases in error or on appeal, issues of law, motions in arrest of judgment, motions for new trial, and all other motions, and to award executions and other final process, and to do and to transact all other business, and direct all other proceedings in all causes pending in the circuit court, except trying any cause by jury, in the same way and with the same force and effect as the same could or might be done at the stated sessions of such court. At said special sessions, said court may also try and determine all issues of fact in cases waive jury trials. in which, by the stipulation in writing of the parties or their attorneys, and filed with
the clerk, a jury shall be waived.
Ibid. & 4.
4. The clerks of the circuit courts for the districts of California shall be appointed Clerks of circuit by the circuit judge of the tenth circuit. The appointment shall be in writing under the hand and seal of the circuit judge, and shall be filed in the clerk's office and entered at large upon the records of the court. The circuit judge may revoke the
36. If concealed, search-warrant to issue.
37. Punishment for abstracting, mutilating or concealing such records.
38. Punishment for interpolating false records in the public archives.
VII. COLLECTION DISTRICTS.
39. Certain districts abolished and attached to San Francisco. Inspectors to be appointed.
40. Compensation of officers of customs. Office of additional appraiser-general abolished.
41. Compensation of deputy-surveyor, at San Francisco.