Page:United States Statutes at Large Volume 18 Part 1.djvu/1036

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

964 TITLE Lx1.—BANKRUP1`CY.—Ch. 1. _ Povrerofdistrict Sec. 4988. In districts which are not within any organized circuit of $18;,3,: 35**;; the United States, the power and jurisdiction of a. circuit court in bankganized cim,,,j]_ ruptcy may be exercised by the district judge. 2 Mar., 1867, c. 176, s. 49, v. 14, p. 541. Appeal and Writ Sec. 4989. No appeal or writ of error shall be allowed in any case aris- 3£)‘;:£’*°S“P'”"m° ing under this Title from the circuit courts to the Supreme Court, unless _ _, _ Vg ___ the matter in dispute in such case exceeds two thousand dollars. Ibid., s. 9, p. 520.—Morgan r. Thornhill, 11 Wall., 65; Hall v. Allen, 12 Wall., 452; Smith r. Mason, 14 Wall., 419; Insurance Company r. (`omstock, 16 Wall., 258; Thomhill :-. Bank of Louisiana, 5 Bank. Reg., 377. Supreme Court- Sec. 4990. The general orders in bankruptcy heretofore adopted by the

 P‘"°”°“b° justices of the Supreme Court, as now existing, may be_ followed in pro-

-—._. ceedrngs under this Title; and the justices may, from time to time, sub- ] MM-. l867. ¤- ject to the provisions of this Title, rescind or vary any of those general gg? “‘ 1°· "· l4·P· orders, and may frame, rescind, or vary other general orders, or the 25 _;,,,,,, 1874‘ ,._ following purposes: seo, a. 18, »·. 18, p. First. For reguéating the practice and progedure of the district courts 8}- in bankruptcy an the forms of petitions or ers and other proceedings {Qm.R0binS0,,,2 to be used in sirch courts in all matters urider this Title. Ben., 145. Second. For· regulating the duties of the various officers of such courts. b Third. (For regplatiplg the feesmpayailbg lzjrrchljlhelrchprgesbanil COStS'j.}(; e a lowe excep suc as a.re es r is e y rs 1 e or y aw wr respect to all proceedings in bankruptcy before such courts, not exceedrn the rate of fees now allowed b * law for similar services in other rogd_ 5 P eee mers. F oufth. F Ol' regulating the practice and procedure upon appeals. Fifth. For regu ating the tiling, custody, and inspection of records. Sixth. And generally for carrying the provisions of this Title into effect. All such general orders shall from time to time be reported to Congress, with such suggestrops as the justices may think proper. _ What constitutes _ Seo. 4991. he nlrng of the petition for an adjudication rn bankruptcy, <‘<>mm<*Y}¢¤¤¤¤¤t 0* either by a debtor in his own behalf. or· by any creditor against a de tor, l";“Q}’£9g%8g?.c. shall be deemed to be the commencement of proceedings in bankruptcy. 176, Q. séf v. 14,, pi 535. _ hr re Patterson, 1 Ben., 508; Gaytes r. American, 5 Biss., 86. Records <>fl>¤¤k- Sec. 4992. The proceedings in all cases of bankruptcv shall be deemed j`;';;"`!' P'°°°°d` piatters of accord, but the same shall not be requiredtto be recorded at ` 1..- . ar e but s al b- carefull * tiled, ke t and numbered in the Hi of the _? Mer-. C- cleiikiof the court and a docket onliyz or· short I1l€Ill0l'8l1d\i)ID (thereof, gg; *‘· 58* ‘· ·p· kept_in_books_to be provided for· that purpose, whichshall be open to 22 _;,,,,,., 1874, c_ public inspection. L-opres of such records, duly certified under the seal

240,8.18, »—. 18, p. off the courté shall in all cases be presumptive evidence of the facts

· therein state . 22 .Ium·, 1874, c. 390, a. 19, r. 18, p. 185. R¤sf¤f¤¤*i¤b¤¤k· Sec. 4993. Each district judlge shall appoint. upon the nomination and "E"Y· __ recommendation of the Chief . ustice of t re Supreme Court, one or more 2 Mar-., 1867, c. registers IH bankruptcy, when any vacancy occurs in such office, to assist 176. S· it V- 14, P- him in the performance of his duties, under this Title, unless he shall 5]8· deem the continuance of the particular office unnecessary. Whoareeligible. Ssc. 4994. No person 'shal be eligible for appointment as register in “*“‘_"—Ibid_ ‘ bankrupteykunless he is a counselor of the district court for the district grusvhrc h§._1;sE>po1n%d, or of some one of the courts of record of the te in w rc e resi es. Q,,,,“,,,,,,,_,0,,_ Sec. 4995. Before_ entering upon the duties of his office, every person · 2 \I?1—é6i~c appomteda register rn bankruptcy shall give a bond to the United States, H6, ‘S_ 3;*, 14,* P; for the tarthful discharge of the utres of his office, in a surrr not less than 51g_ one thousand dollars, to be iixed by the district judge, with sureties satisfactory to such judge; and he shall, in open court, take and subscribe the oath prescribed rn section seventeen hun red and fifty-six, Title, “PBq>