Slike strani

3 March 1869.

ure to report.

at the expense of the association; and such proof of publication shall be furnished as may be required by the comptroller. And the comptroller shall have power to call for special reports from any particular association, whenever in his judgment the same Special reports. shall be necessary in order to a full and complete knowledge of its condition. Any Penalty for failassociation failing to make and transmit any such report shall be subject to a penalty of one hundred dollars, for each day after five days that such bank shall delay to make and transmit any report as aforesaid; and in case any association shall delay or refuse to pay the penalty herein imposed when the same shall be assessed by the comptroller of the currency, the amount of such penalty may be retained by the treasurer of the United States, upon the order of the comptroller of the currency, out of the interest, as it may become due to the association, on the bonds deposited with him to secure circulation; and all sums of money collected for penalties under this section shall be paid into the treasury of the United States.

Ibid. 22.

71. In addition to said reports, each national banking association shall report to the comptroller of the currency the amount of each dividend declared by said association, Reports of divi and the amount of net earnings in excess of said dividends, which report shall be dends and net made within ten days after the declaration of each dividend, and attested by the oath earnings. of the president or cashier of said association, and a failure to comply with the provisions of this section shall subject such association to the penalties provided in the foregoing section.

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20. Reference to register. Warrant. Notice.

24. Return of warrant. Proceedings not to abate by death.


22. Choice of assignee. Approval of the judge.

23. Assignee may be required to give bond. Approval. In default, to be removed.

24. Assignment to be executed. Effect thereof.

25. Exempt property. Not to pass by assignment. Chattel mortgages not to be affected.

26. Choses in action to vest in the assignee. Power to prosecute and defend suits. Certified copy of assignment to be evidence. Trust property not to pass.

27. Notice to be given of intended action against assignee. Possession of books. Suits not to abate by death or removal of assignee. Power to redeem mortgages, &c. Further assur

Assignment to be recorded.


28. Notice of appointment.

Record to be evidence.

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41. Right of set-off.

42. Claims of lien-creditors.


19. Who may be adjudged bankrupt. Petition. Schedules. charged. To execute proper instruments. Inventory. Oath.

59. When default to be excused.

60. Power to amend schedules.

61. Examination of bankrupt's wife.

62. Bankrupts not to be liable to arrest, pendente lite.

43. Probate of debt to be a waiver of action against the bankrupt. Suits at law to be stayed.

44. Debts due in several rights.

45. Before whom probate to be made.

46. How debts to be proved.

47. Effect of probate.

48. When probate to be postponed.

49. Preferred creditors to surrender their securities.

50. Allowance of probate. Attorneys in fact.

51. Appeal from rejection of probate.

52. Surrender of instruments proved.


53. Sales of perishable property.

54. Sales of property the title to which is in dispute. Proceeds to be deemed measure of value. Not to bar actions against assignee.

VIII. EXAMINATION OF THE BANKRUPT, ETC. 55. Examination of bankrupts.

56. Of other persons. Process of contempt.

57. Examination where the bankrupt is disabled from attend


58. Bankrupt to be subject to the order of the court until dis

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76. Opposing creditors.

77. Form of discharge.


73. Application for discharge. Notice.

74. Conditions of discharge. Oath of bankrupt.

75. Discharge on second bankruptcy, when granted.

78. What debts not to be affected by the discharge.
79. Effect of the discharge.

80. When the validity of the discharge may be contested. Application. Notice. Decree.


81. Preferences given within four months to be void.

82. Fraudulent conveyances avoided.

83. Contracts for withdrawal of opposition to be void. Penalty

for entering into such contract.

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2 March 18671. 14 Stat. 517.

How exercised.

Extent of jurisdiction in bankruptcy.

Powers of the courts.

96. Examination of the bankrupt and others. Discharge. 97. When proceedings in bankruptcy to be resumed.


1. That the several district courts of the United States be and they hereby are constituted courts of bankruptcy; and they shall have original jurisdiction, in their respecOriginal jurisdic- tive districts, in all matters and proceedings in bankruptcy, and they are hereby

trict courts.

authorized to hear and adjudicate upon the same, according to the provisions of this act.(b) The said courts shall be always open for the transaction of business under this act; and the powers and jurisdiction hereby granted and conferred shall be exercised as well in vacation as in term time; and a judge sitting at chambers shall have the same powers and jurisdiction, including the power of keeping order and of punishing any contempt of his authority, as when sitting in court.

2. The jurisdiction hereby conferred shall extend to all cases and controversies arising between the bankrupt and any creditor or creditors who shall claim any debt or demand under the bankruptcy; to the collection of all the assets of the bankrupt; to the ascertainment and liquidation of the liens and other specific claims thereon; to the adjustment of the various priorities and conflicting interests of all parties; and to the marshalling and disposition of the different funds and assets, so as to secure the rights of all parties and due distribution of the assets among all the creditors; (c) and to all acts, matters and things to be done under and in virtue of the bankruptcy, until the final distribution and settlement of the estate of the bankrupt, and the close of the proceedings in bankruptcy.(d)

(a) The constitution provides that congress shall have power to establish uniform laws on the subject of bankruptcies through out the United States. Art. I. sect. 8. Under this clause, the power to pass bankrupt laws is exclusively in congress. Golden v. Prince, 3 W. C. C. 313. The bankrupt law of 1841 was a constitutional exercise of this power. Ex parte Klein, 1 How. 277. The constitutional requirement that the system of bankruptcy should be uniform throughout the United States, is fulfilled, if the bankrupt law operate uniformly upon whatever would have been liable to execution, if no such law had been passed, though the subjects of its operation may not be, in all respects, the same in every one of the states. Ex parte Appold, 1 Bank. Reg. 178. 8. c. 16 Am. L. R. 624. The object of the act is to compel an equal distribution of the bankrupt's assets among all his creditors. Morgan v. Mastick, 2 Bank. Reg. 163.


98. Penalty for fraudulent concealment of property, documents, &c. Fraudulent conveyances. Gaming. Fictitious claims and losses. Fraudulently obtaining credit, &c. Punishment on conviction.

(b) The jurisdiction of the district courts, sitting as courts of bankruptcy, is superior and exclusive, in all matters arising under the bankrupt act. Ex parte Barrow, 1 Bank. Reg. 125. They have full and adequate jurisdiction in all matters relating to bankruptcy, at law and in equity. Ex parte Bowie, 1 Bank. Reg. 185. The power to pass uniform laws on the subject of bankruptcies, is not limited by the principles on which the English bankrupt laws are founded. Ex parte Klein, 1 How. 277. Congress has a complete constitutional authority to enact a bankrupt law, giving to the district and circuit courts full jurisdiction, in law and equity. Mitchell v. Great Works Milling and Manufacturing Co., 2 Story 648. They had power, under the constitution, to bring all parties, estates and interests connected with a bankrupt, into the district court for adjudication; but by the act of 1867 they have not done so. Ex parte Campbell, 16 Am. L. R. 100; Ex parte Burns, Ibid. 105. The district courts have power to order a sale of mortgaged property, discharged of the encumbrances. Dwight v. Ames. 2 Bank. Reg. 147.

(c) The district court may ascertain and liquidate a prior lien on the bankrupt's property. Ex parte Winn, 1 Bank. Reg. 131. A claim for damages for a collision against a vessel in the hands of the assignee. must be determined in bankruptcy. Ex parte People's Mail Steamship Co., 2 Bank. Reg. 170. It will not restrain the proceedings of a bona fide lien-creditor for the collection of his debt. Ex parte Donaldson, 16 Am. L. R. 213. But in case of involuntary bankruptcy, if the bankrupt have fraudu

99. Punishment of extortion, &c.

100. Punishment of forgery, &c.


101. Clerks' and registers' fees. Priority of costs.

102. Messengers' fees.

103. Tariff of other fees may be established. Fees may be reduced.


104. Filing petition to be commencement of proceedings. 105. Records.

106. Affidavits and commissions.

107. Explanation of terms.

108. Computation of time.
109. When act to take effect.

3. The said courts shall have full authority to compel obedience to all orders and decrees passed by them in bankruptcy, by process of contempt and other remedial process, to the same extent that the circuit courts now have, in any suit pending therein

lently confessed a judgment in contemplation of bankruptcy,
with a view to give a preference to the judgment-creditor, and
the latter had reasonable cause to believe that such was the in-
tent, he may be enjoined, either by the district court in bank-
ruptcy, or in a distinct proceeding in the circuit court. Irving
v. Hughes, 16 Am. L. R. 209; and see Ex parte Jacoby, 6 Int. R.
Rec. 149; Ex parte Metcalf, Ibid. 223; Ex parte Reed, Ibid. 21 ;
8. c. 24 Leg. Int. 196; Ex parte Wallace, 2 Bank. Reg. 52; Ex parte
Kerosene Oil Co., Ibid. 164; 8. c. 2 Am. L. T. Bank. 79. A district
court has no power to grant an injunction to stay proceedings in
another court, by reason of the pendency of proceedings in bank-
ruptcy in another state, and before another tribunal. Ex parte
Richardson, 2 Bank. Reg. 74. A proceeding by the assignee to
restrain the suit of a lien-creditor, may be by petition; it is not
necessary to file a bill. Ex parte Kerosene Oil Co., 2 Bank. Reg.
164. The court will not enjoin a suit in the state court, against
the marshal, for seizing the goods of a third person, under a war-
rant against the bankrupt. Ex parte Marks, 2 Bank. Reg. 175.
(d) This does not authorize the district courts to enjoin the
state courts, or their suitors. Ex parte Campbell, 16 Am. L. R.
100. Contra, Ex parte Reed, 24 Leg. Int. 196; s. c. 6 Int. R. Rec.
21; Ex parte Jacoby, Ibid. 149; Ex parte Metcalf, Ibid. 223. A
judgment cannot be assailed in the district court, but the
assignee and creditors must resort to the state court to test its
validity. Ex parte Burns, 16 Am. L. R. 105; and see Atkinson v.
Purdy, Crabbe 551. Where there is no conflict of jurisdiction
between the officers of the state courts and court of bankruptcy,
the latter will not interfere with its summary process, to prevent
such conflict. Ex parte Davidson, 2 Bank. Reg. 49. A court of
bankruptcy has power to dispose of the encumbered property of
the bankrupt in any manner deemed best for the interest of all
concerned. Ex parte Salmons, 2 Bank. Reg. 19; Dwight v. Ames,
Ibid. 147. Its jurisdiction, however, to sell real estate and pay
off liens, is not exclusive. Ex parte Bowie, 1 Bank. Reg. 185. A
creditor may petition the court for relief, to be paid a judgment
against the bankrupt, out of moneys in the hands of the assignee;
but the proper way to bring the creditor into the case is by peti-
tion, not by motion. Ex parte Smith, 2 Bank. Reg. 98. The
court has power to supersede the proceedings in bankruptcy,
with the consent of the creditors. Ex parte Miller, 1 Bank. Reg.
105; Ex parte Sherburne, Ibid. 155; Morris's Estate, Crabbe 70.

in equity. Said courts may sit, for the transaction of business in bankruptcy, at any place in the district, of which place and the time of holding court they shall have given notice, as well as at the places designated by law for holding such courts.

Ibid. 2.


4. The several circuit courts of the United States, within and for the districts where the proceedings in bankruptcy shall be pending, shall have a general superintendence Jurisdiction of and jurisdiction of all cases and questions arising under this act ; (a) and except when the circuit special provision is otherwise made, may, upon bill, petition or other process, of any party aggrieved, hear and determine the case in a court of equity. (b) The powers and How exercised. jurisdiction hereby granted may be exercised either by said court, or by any justice thereof, in term time or vacation.



5. Said circuit courts shall also have concurrent jurisdiction with the district courts Concurrent jurisof the same district, of all suits at law or in equity, which may or shall be brought by the assignee in bankruptcy against any person claiming an adverse interest, or by such person against such assignee, touching any property or rights of property of said bankrupt transferable to or vested in such assignee; but no suit at law or in equity shall Limitation of in any case be maintainable by or against such assignee, or by or against any person claiming an adverse interest, touching the property and rights of property aforesaid, in any court whatsoever, unless the same shall be brought within two years from the time the cause of action accrued, for or against such assignee :(c) Provided, that nothing herein contained shall revive a right of action barred at the time such assignee is appointed.

2 March 1867.

Ibid 49.


6. All the jurisdiction, power and authority conferred upon and vested in the district court of the United States by this act, in cases in bankruptcy, are hereby conferred Courts of the disupon and vested in the supreme court of the District of Columbia, and in and upon the trict and territosupreme courts of the several territories of the United States, when the bankrupt resides in the said District of Columbia or in either of the said territories. And in those Circuit court judicial districts which are not within any organized circuit of the United States, the power and jurisdiction of a circuit court in bankruptcy may be exercised by the district judge.



14 Stat. 518.


7. It shall be the duty of the judges of the district courts of the United States, within 2 March 1867 § 3. and for the several districts, to appoint in each congressional district in said districts, upon the nomination and recommendation of the chief justice of the supreme court of Appointment of the United States, one or more registers in bankruptcy, to assist the judge of the district court in the performance of his duties under this act. No person shall be eligi- Qualifications. ble to such appointment unless he be a counsellor of said court, or of some one of the courts of record of the state in which he resides. Before entering upon the duties of Bonds. his office, every person so appointed a register in bankruptcy shall give a bond to the United States, with condition that he will faithfully discharge the duties of his office, in a sum not less than one thousand dollars, to be fixed by said court, with sureties satisfactory to said court, or to either of the said justices thereof; and he shall, in open court, take and subscribe the oath prescribed in the act entitled An act to prescribe Oath. an oath of office, and for other purposes," approved July 2d 1862, (d) and also that he will not, during his continuance in office, be, directly or indirectly, interested in or benefited by the fees or emoluments arising from any suit or matter pending in bankruptcy, in either the district or circuit court in his district.


(a) No appeal lies to the circuit court from an adjudication of bankruptcy. Ex parte O'Brien, 6 Int. R. Rec. 182. Nor on any other question arising in the course of the proceedings. Ex parte Reed, 2 Bank. Reg. 2; Ruddick v. Billings, 3 Bank. Reg. 14.

8. Every register in bankruptcy, so appointed and qualified, shall have power, and Ibid. 24. it shall be his duty to make adjudication of bankruptcy; to receive the surrender of Powers and duany bankrupt; (e) to administer oaths in all proceedings before him; to hold and ties of registers. preside at meetings of creditors; to take proof of debts; to make all computations of dividends, and all orders of distribution, and to furnish the assignee with a certified copy of such orders, and of the schedules of creditors and assets filed in each case; to audit and pass accounts of assignees; to grant protection; to pass the last examina

(b) Any creditor who considers himsel aggrieved by the discharge of a bankrupt, has a right to be heard in the circuit court, by bill or petition. Ruddick v. Billings, 3 Bank. Reg. 14; and see Irving v. Hughes, 16 Am. L. R. 209; Langley v. Perry, 2 Bank. Reg. 180; s. c. 17 Am. L. R. 427. The circuit court has jurisdiction of a bill in equity brought by the assignee to redeem a chattel mortgage; Dwight v. Ames, 2 Bank. Reg. 147; and may enjoin a sale under a power contained in the mortgage. Ibid. The only construction which gives due effect to all parts of the act relating to revisory jurisdiction, seems to be that, which, on the one hand, excludes from the category of general superintendence and jurisdiction of the circuit court the appellate juris diction defined by the 8th section; and in the other, brings

within that category all decisions of the district court, or of the district judge at chambers, which cannot be reviewed upon appeal or writ of error, under that section. Ex parte Alexander, 2 Am. L. T. Bank. 81. 8. c. 17 Am. L. R. 423. 3 Bank. Reg. 6.

(c) This has no application to a cause of action arising in favor of the assignee for injury to property, or a disseisin of lands vested in him by the proceedings. Stevens v. Hauser, 39 N. Y. 302. See Parks v. Tirrell, 5 Allen 15. (d) See tit. Oaths," 1.

(e) The register may receive a surrender of the bankrupt's effects. as soon as the party has been adjudged a bankrupt. Ex parte Hasbrouck, 1 Ben. 402. And appoint a watchman to take care of the property, at the expense of the estate. Ex parte Bogert, 2 Bank. Reg. 178. The court will grant an order for an immediate surrender of the assets to the register, and the appoint ment of a proper custodian. Ex parte Shafer, 2 Bank. Reg. 178.

tion of any bankrupt, in cases whenever the assignee or a creditor do not oppose; and to sit in chambers and despatch there such part of the administrative business of the court and such uncontested matters as shall be defined in general rules and orders, or as the district judge shall, in any particular manner, direct; (a) and he shall also make short memoranda of his proceedings, in each case in which he shall act, in a docket to be kept by him for that purpose, and he shall forthwith, as the proceedings are taken, forward to the clerk of the district court a certified copy of said memoranda, which shall be entered by said clerk in the proper minute-book to be kept in his office; and any register of the court may act for any other register thereof: Provided, however, That nothing in this section contained shall empower a register to commit for contempt, or to hear a disputed adjudication, or any question of the allowance or suspen-* sion of an order of discharge; but in all matters where an issue of fact or of law is raised and contested by any party to the proceedings before him, it shall be his duty to cause the question or issue to be stated by the opposing parties in writing, and he shall adjourn the same into court, for decision by the judge.(b)

9. No register shall be of counsel or attorney, either in or out of court, in any suit or matter pending in bankruptcy in either the circuit or district court of his district, nor in an appeal therefrom; nor shall he be executor, administrator, guardian, 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 emoluments Payment of fees. arising from either of said trusts. The fees of said registers, as established by this

act, and by the general rules and orders required to be framed under it, shall be paid to them by the parties for whom the services may be rendered, in the course of proceedings authorized by this act.(c)

2 March 1867.


Ibid 25. Attendance of registers.

Expenses, how paid.



Vacancies, how filled.

Ibid. 26.

10. The judge of the district court may direct a register to attend at any place within the district, for the purpose of hearing such voluntary applications under this act as may not be opposed, of attending any meeting of creditors, or receiving any proof of debts, and generally, for the prosecution of any bankruptcy or other proceedings under this act; (d) and the travelling 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; and such register, so acting, shall have and exercise all powers, except the power of commitment, vested in the district court for the summoning and examination of persons or witnesses, and for requiring the production of books, papers and documents: Provided always, That all depositions of persons and witnesses taken before said register, and all acts done by him, shall be reduced to writing and signed by him, and shall be filed in the clerk's office as part of the proceedings.

11. Such register shall be subject to removal by the judge of the district court; and all vacancies occurring by such removal, or by resignation, change of residence, death or disability, shall be promptly filled by other fit persons, unless said court shall deem the continuance of the particular office unnecessary.

12. Any party shall, during the proceedings before a register, (e) be at liberty to take the opinion of the district judge upon any point or matter arising in the course

(a) Registers have the same powers as the district judge, where there is no contest. Ex parte Gettleson, 1 Bank. Reg. 170; Ex parte Lanier, 2 Bank. Reg. 59; Ex parte Brandt, Ibid. 76. They may allow an amendment of the schedules. Ex parte Morford, 1 Een. 264; Ex parte Perry, 1 Bank. Reg. 2; Ex parte Watts, 2 Bank. Reg. 145; 8. c. 2 Am. L. T. Bank. 74. The register may, of his own motion, after an adjudication of bankruptcy, order the bankrupt to amend his petition. Ex parte Orne, I Ben. 420. On a question of adjournment, he must exercise a legal discretion; but, subject to this rule, he has entire legal control of cases before him. Ex parte Hyman, 2 Bank. Reg. 107. He may make an order for a final discharge, when there is no opposition. Ex parte Bellamy, 1 Ben. 423. But he has no authority to decide questions arising from objections properly urged against the bankrupt's discharge. Ex parte Puffer, 2 Bank. Reg. 17. He may order the payment of fees and expenses incurred in a case, out of assets in the hands of the assignee. Ex parte Lane, 2 Bank. Reg. 100.

(b) It must be an issue of fact or law actually raised and existing, and one which has arisen out of proceedings which have taken place; not one likely to arise, or which may be raised thereafter. Ex parte Pulver, 1 Ben. 381. A creditor's opposition to an application for leave to amend the schedules does not raise such issue. Ex parte Watts, 2 Bank. Reg. 145; s. c. 2 Am. L. T. Bank. 74.

(c) The party for whom services are performed by the officers of the court must pay the fees incident to such services. Ex parte Mealy, 2 Bank. Reg. 51. When a creditor applies for an

examination of the bankrupt, the register's fee for such examin-
ation must be paid by the creditor in the first instance. Ex
parte Mackintire, 1 Ben. 277. But a creditor is only bound to
pay the expenses of his own examination; the bankrupt, inaking
further statements, after the creditor's examination is closed,
must pay his own expenses. Ex parte Mealy, 2 Bank. Reg. 51;
and see Ex parte Moorhead, Ibid. 1. If the assignee examine
the bankrupt before the register, he must pay the costs of the
examination, which, if he be without funds, must be advanced or
secured by the creditors. Ex parte Hughes, 1 Bank. Reg. 9. A
creditor's petition for an adjudication of bankruptcy against the
estate of a debtor, is the same as a creditor's bill against a de-
ceased insolvent; all creditors must contribute pro rata to the
expenses of the suit; whether counsel fees shall be allowed, is in
the discretion of the court. Ex parte Williams, 2 Bank. Reg. 28.
(d) Where an execution-creditor has been delayed by an injune-
tion out of the district court in bankruptcy, he is entitled to a
summary hearing at any time after the execution of the assign-
ment. Ex parte Hafer, 1 Bank. Reg. 163; s. c. 25 Leg. Int. 164.
(e) If the party argue and submit the question to the judg-
ment of the register, he waives his right to a certificate; after a
decision by the register, there is no issue to certify. Ex parte
Patterson, 1 Ben. 448. No opinion will be given on an abstract
question certified to the judge. Ex parte Sturgeon, 1 Bank. Reg.
131. A question, in order to be properly certified to the judge,
must arise regularly in the course of the proceedings before the
register, and between parties having the legal right to raise it.
Ex parte Wright, 1 Bank. Reg. 91.

2 March 1867.

of such proceedings, or upon the result of such proceedings, (a) which shall be stated by the register in the shape of a short certificate to the judge, who shall sign the same Opinion of the if he approve thereof; and such certificate, so signed, shall be binding on all the par- non certifi ties to the proceeding; but every such certificate may be discharged or varied by the cate. judge at chambers or in open court.

judge may be

13. In any bankruptcy, or in any other proceedings within the jurisdiction of the Special cases. court under this act, the parties concerned, or submitting to such jurisdiction, may at any stage of the proceedings, by consent, state any question or questions, in a special case, for the opinion of the court; and the judgment of the court shall be final, unless it be agreed and stated in such special case that either party may appeal, if, in such case, an appeal is allowed by this act. The parties may also, if they think fit, agree, Submission of that upon the question or questions raised by such special case being finally decided, a questions to the sum of money, fixed by the parties, or to be ascertained by the court, or in such manner as the court may direct, or any property, or the amount of any disputed debt or claim, shall be paid, delivered or transferred by one of such parties to the other of them, either with or without costs.


Ibid. 7.


14. Parties and witnesses summoned before a register shall be bound to attend in pursuance of such summons at the place and time designated therein, and shall be protection of entitled to protection, and be liable to process of contempt, in like manner, as parties parties and witand witnesses are now liable thereto in case of default in attendance under any writ Process of conof subpœna; (b) and all persons wilfully and corruptly swearing or affirming falsely tempt. before a register shall be liable to all the penalties, punishments and consequences of perjury. If any person examined before a register shall refuse or decline to answer, or to swear to or sign his examination when taken, the register shall refer the matter to the judge, who shall have power to order the person so acting to pay the costs thereby occasioned, if such person be compellable by law to answer such question or to sign such examination, and such person shall also be liable to be punished for contempt.(c)

15 Stat. 228.

15. Registers in bankruptcy shall have power to administer oaths, in all cases and 27 July 1868 2 3. in relation to all matters in which oaths may be administered by commissioners of the circuit courts of the United States; (d) and such commissioners may take proof of debts Power to adminin bankruptcy in all cases, subject to the revision of such proofs by the register and by the court, according to the provisions of said act.

ister oaths.


2 March 1867 ? 8.

14 Stat. 520.

writs of error

16. Appeals may be taken from the district to the circuit courts in all cases in equity, and writs of error may be allowed to said circuit courts from said district courts in cases at law, under the jurisdiction created by this act, when the debt or damages Appeals and claimed amount to more than five hundred dollars; and any supposed creditor, whose from district to claim is wholly or in part rejected, or an assignee who is dissatisfied with the allowance circuit courts. of a claim, may appeal from the decision of the district court to the circuit court from the same district; (e) but no appeal shall be allowed in any case from the district to the circuit court, unless it is claimed, and notice given thereof to the clerk of the district court, to be entered with the record of the proceedings, and also to the assignee or creditor, as the case may be, or to the defeated party in equity, within ten days after the entry of the decree or decision appealed from.(g) The appeal shall be entered at the term of the circuit court which shall be first held within and for the district, next after the expiration of ten days from the time of claiming the same. But if the appellant, in writing, waives his appeal before any decision thereon, proceedings may be had in the district court as if no appeal had been taken; and no appeal shall be allowed unless the appellant, at the time of claiming the same, shall give bond in manner now required by law in case of such appeals. No writ of error shall be allowed unless


(a) It must be a point or matter which has arisen in the course of proceedings which have taken place, or a point or matter which has arisen upon and after the result of proceedings which have taken place; not a point or matter likely to arise, or which may be raised thereafter, or after a result shall have been arrived Ex parte Pulver, 1 Ben. 381. As to what questions may be certified under this section, see Ex parte Pulver. ut supra; Ex parte Patterson, 1 Ben. 448; Ex parte Ibid. 496; Ex parte Patterson, Ibid. 544; Ex parte Fredenburg, 1 Bank. Reg. 34. (b) No judgment can be rendered against a third person, for contempt in disobeying an injunction issued in aid of the proceedings in bankruptcy, without distinct proceedings against him, other than those in bankruptcy. Creditors v. Cozzens, 2 West. Jur. 349; s. c. 16 Pitts. L. J. 236.

(c) A bankrupt is not required to answer a question which may subject him to a criminal prosecution. Ex parte Patterson, 1

Ben. 544.

(d) Ex parte Walker, 1 Bank. Reg. 67; Ex parte Deane, 2 Bank. Reg. 29.

(e) An appeal is not the proper method to take a question

arising in the progress of a case in bankruptcy, into the circuit court; the only way that the circuit court can exercise its supervisory jurisdiction in such cases, is, by a petition addressed to the circuit court, stating clearly and specifically the point or ques tion decided in the district court, that the petitioner is aggrieved thereby, and praying the circuit court to review and reverse the decision of the court below. Ex parte Reed, 2 Bank. Reg. 2; 1x parte O'Brien, 6 Int. R. Rec. 182; Ruddick v. Billings, 3 Bank. Reg. 14. The appellate jurisdiction, strictly so called, conferred upon the circuit courts, is limited to controversies between assignees and the claimants of adverse interests, and to contro versies between assignees and creditor-claimants, touching the allowance of claims. Ex parte Alexander, 2 Am. L. T. Bank. $1; s. c. 17 Am. L. R. 423; 3 Bank. Reg. 6. And see Ex parte The New York Kerosene Oil Co.. 2 Balt. L. Tr. 883. No appeal les from a subsequent award of execution for costs against a creditor whose claim has been rejected; the appeal must be from the order refusing to allow the claim. Ex parte Kyler, 3 Bank. Reg.


(g) See Ex parte Kyler, 3 Bank. Reg. 11.

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