FIFTH SERIES.No. 1.-VOL. XI.] CONTENTS OF NO. 1, VOL. 11. THE PUBLIC FUNDS. The sub-treasurers hav- COMMENCEMENT OF THE VOLUME-Congressional. Ar-ing been dispensed with by virtue of the repeal of THE PRESIDENT, investigating com. the sub-treasury law, at Boston, the American bank has missioners. TRADE AND COMMERCE, corn law duties, been selected to keep the deposits. sound dues and quarantine. BANKRUPT LAW, history of At N. York the Merchants' bank was at first designat- the. ARMY, general order No. 51, Gen. Scott, military pointment-Florida, war operations-Iowa, election.-tiated, at 54 per centum. THE BANKRUPT LAW. DEBATE ON THE PRESIDENT'S VETO MESSAGE, Mr. Rives' speech, Mr. Clay's rejoinder. CoN. INVESTIGATION. The Board of Commissioners concerns, after a session of nearly three months, have brought their inquiries to a close. The testimony The number of the REGISTER, issued last week, For the generous and efficient support which the It is not necessary at this day to say one word in The U. S. senate was occupied Wednesday, APPOINTMENTS BY THE PRESIDENT, By and with the advice and consent of the senate. the eve of breaking up, addressed a letter to the col- The N. Y. American says, "The commissioners, on lector, Mr. Curtis, approving the reform introduced by him into the custom house in the manner of keep- ing and accounting for the public moneys, in the re- duction of the enormous incidental expenses of the office, and that of the number of persons employed. They also say that nothing has appeared which in any manner implicates Mr. Curtis in the discharging of his official duties. The testimony borne by all the commissioners to his diligence, intelligence and fide- THE BRITISH CORN LAWS. The question having To facilitate this object, we subjoin a tabular state- By act 9, of George IV, ch. 60, the duty on foreign wheat is as follows, viz:-When the average price qr. at which price and upwards, no more than 1s. per For the convenience of those who do not readily understand quarters and sterling money, I. H. Hedley has prepared the following tables exhibiting the rates of duty per bushel in federal money, together with the duty on flour per barrel in federal money, so ar- 1 19 above tables it will be seen that the duty on flour is 50 per cent. higher than on grain: consequently ship- pers generally send wheat in bulk to England, unless - John W. Vance, register of the land office, at Dan- VICE CONSULS. The president has recognized JOHN M. WRIGHT, esq. as vice consul of Brazil, for AUGUSTE BRANDA, esq. vice consul of Belgium, for On barley and Indian corn, if the average price is *48 stivers equal to two Danish dollars specie. THE SOUND DUES-QUARANTINE. A communica- 12 8 36 6 36 Cotton yarn or twist 100 lbs. 16 36 66 "sewings 50 lbs. 15 30 "printing 50 lbs. "Turkey r. 50 lbs. ແ "for emb'y 50 lbs. Camel's yarn 50 lbs. Manna or manna groats 100 lbs. 100 lbs. 100 lbs. In the house, December 11, 1819, Mr. Sergeant, inexpedient to legislate on the subject at that sesfrom the committee on the judiciary reported a bill; sion. but it was not acted upon. In the senate, January 13, 1840, Mr. Norvell movIn the senate, January 12, 1820, Mr. Smith, from ed that the committee on the judiciary be instructed the committee on the judiciary, to whom were refer- to inquire into the expediency of reporting a bill.red the memorials of a large number of the mer- April 1, Mr. Webster asked and obtained leave to chants of Boston and other towns of Massachusetts; bring in a bill, (S. No. 244), which was read and reof merchants and others of New Haven, Connecticut; ferred. April 3, Mr. Tallmadge asked and obtained of merchants and others of Portsmouth, New Hamp- leave to bring in a bill, (S. No. 295), which was read shire; of the chambers of commerce in N. York, Phi- and referred. April 22, Mr. Clayton, from the comladelphia, Baltimore and Charleston, S. C. for a uni-mittee on the judiciary, reported a bill, (S. No. 324). form system of bankruptcy, reported a bill, and it was Mr. Wall, from a minority of the committee, reportdebated from January 14 to March 30, and lost in its ed an amendment to bill No. 324. June 12, Mr. passage to be engrossed-19 to 17. Crittenden, from the select committee to whom was In the senate January 2, 1821, Mr. Van Dyke ask-referred the senate bill No. 324, with the amendment ed and obtained leave to bring in a bill, which was proposed by Mr. Wall, reported the bill with the referred to the committee on the judiciary. Janua- amendment to the senate. He also reported a bill ry 11, Mr. Smith, from the committee of the judici- (S. No. 369) which was debated from time to time; ary, reported the bill without amendment, which was and June 25, the question, shall this bill pass? (S. No. debated and engrossed. February 14, the question, 369), was decided in the affirmative-21 to 19. So shall this bill pass? was decided in the affirmative- the the senate passed the bill and sent it down to the house. yeas 22, nays 19. So the bill passed the senate, and 1 per cent. ad val. was sent down to the house. Dyewoods, viz: Japan and Span- in the Christianople tariff or here Manufactured goods of all kinds, with the exception of white ordinary calicoes, and those mentioned here Cotton hose per 50 pairs 30 or 36 36 1 per cent. ad val. 6 Cottonhose and children's do. 30 Ochre per 200 lbs. 1 9 Paddy per 400 lbs. 1 per cent. ad val. 5 2 9 3 In the house, February 20, 1821, the secretary of the senate came in with a bill from the senate to establish a uniform system of bankruptcy throughout the United States, and asked the concurrence of the house: and the bill was referred to the committee on the judiciary. (See bill from senate, No. 20.) This bill failed from not being acted upon. In the house, December 11, 1821, Mr. Sergeant, from the committee on the judiciary, reported a bill again, (see bill No. 1), which was debated from time to time until March 12, 1822, when the bill was lost in its passage to be engrossed-99 nays to 72 yeas. March 12, 1822, on the rejection of this bill," Mr. Walworth laid upon the table a joint resolution that the constitution be amended so as to give back to the states the power they had on this subject previously to the adoption of the constitution. March 22, the above resolution was read a first and second time, and referred to the committee of the whole on the state of the union. (See house journal, 1821 and '22, page 340.) In the house, February 10, 1840, Mr. Hubbard moved that the committee on the judiciary be instructed to inquire into the expediency of establishing a uniform system of bankruptcy. March 9, Mr. McKay moved that they should inquire also as to banks and other corporations. February 29, Mr. Curtis informed the house that, when in order, he should ask leave to introduce a bill. June 25, 4 o'clock, P. M. Mr. Dickens, secretary of the senate, came in with the bill from the senate to establish a uniform system of bankruptcy, and asked the concurrence of the house. (Senate bill No. 369.) July 7, laid upon the table by nearly a party vote-101 to 89. In the senate, December 30, 1840, Mr. Crittenden, from the committee on the judiciary, reported a bill, (S. No. 160), which was debated from time to time until February 27, 1841, when the subject was passed over from want of time, with the understanding that the subject should be acted upon at the next session. Ships from Cuba, and other American ports, have now, as long as the places are considered healthy, no detention at all, when they have had no case of sickness on the passage: otherwise, they will be liable to an observation quarantine. In case, however, any In the house-extra session-June 12, 1841, Mr. place should be declared infected, the vessels coming Briggs moved that the committee on the judiciary from the same will only have to perform an obser- In the house, December 11, 1823, Mr. Breck mov-be instructed to inquire into the expediency of revation quarantine of from four to fourteen days, and ed that the committee on the judiciary be instructed porting a bill to establish a uniform system of banknot as formerly be subjected to a purification un- to inquire into the expediency of establishing a uni- ruptcy. loading. form system of bankruptcy. December 30, Mr. WebWe have received a communication from our cus-ster, from the committee on the judiciary, reported tom house, stating that in accordance with the nego- that, from want of time at this session, it was inexpediciations which have lately taken place, sound dues ent to bring in a bill. on several articles not mentioned in the Christianople tariff, have been recuced from the 15th of June. In the house, May 26, 1824, Mr. Webster, from the committee on the judiciary, reported that it was now expedient to establish a uniform system of bankruptcy. BANKRUPT LAW-ITS HISTORY. On the 4th of April, 1800, congress passed a uniform bankIn the house, December 6, 1825, John Q. Adams, rupt law. At this time the business of the country president of the United States, in his annual message was limited; the relations between debtor and cre- to both houses, recommended the passage of a bill. ditor stood upon a different footing; imprisonment The subject was referred to the committee on the for debt existed in nearly all the states. The law judiciary. January 3, 1826, Mr. Webster, from the applied to merchants and traders only. A farmer, committee on the judiciary, reported a resolution a lawyer, or a mechanic had to become a trader, that it was expedient to pass such a bill. The resowithin the meaning of the act, to be entitled to the lution was read and referred to the committee of the benefit of its provisions. A change in the political whole house on the state of the union. February 6, parties of the day was not without its effect upon this Mr. Wickliffe moved that the clerk of the house prolaw. It was repealed December 19, 1803. Had the cure the statutes of Great Britain on this subject, and law remained, and been amended as time and expe- have the same printed for the use of the members.rience would have suggested, it would have been of Subject laid upon the table. great benefit to the country, not only in a moral but in a pecuniary point of view. The country would have escaped many of the convultions and disasters which it has, since that period, passed through. The next action on this subject was in the house of representatives, January 1, 1812, when a committee was appointed to inquire into the expediency of establishing a uniform law on the subject of bankruptcy. In the senate-extra session-June 25, 1841, Mr. Berrien, from the committee on the judiciary, reported a bill. In the house, July 1, 1841, John Tyler, president of the United States, sent a special message to the house in favor of the passage of a bill, with a petition of 3,000 citizens, from New York. In the house, July 21, Mr. Barnard, from the committee on the judiciary, reported a bill with a written report in favor of the measure; both of which were read and ordered to be printed. He also offer ed a resolution that it was inexpedient to legislate upon the subject at this extra session; which resolu tion, after debate, was laid upon the table; yeas 118, nays 81. In senate, July 22, 1841, Mr. Berrien, according to notice, called up the bankrupt bill. July 23, Mr. Nicholson moved to amend the bill by inserting "banks and other corporations," which motion was decided in the negative, 34 to 16. The bill was debated until July 24, when the question was putIn the senate, December 13, 1825, Mr. Smith mov- "shall this bill pass? and decided in the affirmativeed that a select committee be appointed to inquire yeas 26, nays 23. So the senate passed the bill and into the expediency of abolishing imprisonment for sent it down to the house. debt. Mr. Hayne moved to amend the same so as In the house July 24, 1841, the secretary of the seto establish a uniform system of bankruptcy. Fe-nate came in with the bill to establish a uniform sysbruary 21, 1826, Mr. Hayne reported a bill, which tem of bankruptcy, and asked the concurrence of the was debated from time to time, and finally laid upon house. the table May 24, 1826. In the house, July 31, 1841, Mr. Barnard moved In the senate December 6, 1826, Mr. Hayne asked that the bill from the senate be referred to the comIn the house, January 3, 1815, Mr. Ingersoll, from and obtained leave to bring in a bill, which was, De-mittee of the whole on the state of the union, and be the committee on the judiciary, reported a bill. (See cember 19, considered in committee of the whole.- printed. Mr. Sprigg moved to lay the bill on the tabill H. of R. No. 650.) At this time Boston, New February 6, 1827, the bill was debated and lost in its ble, and called the yeas and nays-decided in the York, Philadelphia and Baltimore, sent in strong pe- passage to be engrossed-27 to 21. (See speeches negative, 123 to 91. The bill was then referred. titions in favor. (See house journal, 15th congress.) on this bill.) In the house, August 7, 1841, Mr. Sergeant moved December 4, 1827, John Q. Adams, president of that the committee take up the senate bill to estabIn the house, February 27, 1816, Mr. Nelson, from the committee on the judiciary, reported a bill; April the United States, in his annual message recommend-lish a uniform system of bankruptcy, as reported with amendments to the house from the select com22, committee discharged, and the subject indefinite-ed to both houses the passage of a bankrupt bill. ly postponed. In the house, December 13, 1816, Mr. Hopkinson, from the committee on the judiciary, reported a bill. February 24, 1817, committee discharged and the subject indefinitely postponed. In the house, April 5, 1832, Mr. John Davis, pre-mittee on the currency-negatived, ayes 82, noes 89. sented a resolution of the legislature of Massachu- Same day, Mr. W. W. Irwin, moved a further consetts in favor of a uniform system of bankruptcy.-sideration of the bill-ayes 87, noes 63. Mr. Briggs (See house journal, 22d congress, page 368.) then moved that the bill be laid aside for the present; In the house, September 5, 1837-extra session-ayes 104, noes 11. No quorum. Mr. Van Buren, president of the United States, re- In the house, August 10, 1841, Mr. Briggs withIn the house, December 12, 1817, Mr. Hopkinson, commended in his message to both houses the pas- drew his motion to lay aside, and the bill was further from the committee on the judiciary, reported a bill. (See bill No. 6.) February 13, taken up in commit-sage of a bill, and to apply in particular to banks and considered, but no definite action was had thereon. bankers. The secretary of the treasury also made a August 17. The bill being again under considertee of the whole, debated from time to time, and fi- report. Referred to the committee on the judicia- ation, action was taken on Mr. Gordon's motion, to nally indefinitely postponed-82 to 70. (See this ry. September 21, the committee on the judiciary strike out the enacting clause of the bill-negatived: debate.) report that it is inexpedient to legislate this extra ayes 79, noes 90. Mr. Barnard moved to postpone session. the action of the bill to 1st February-agreed to.Mr. Underwood moved to lay the bill and amendments on the table; agreed to: yeas 110, nays 97. In the house, November 24, 1818, Mr. Hopkinson, from the committee on the judiciary, reported a bill again; but it was not acted upon. In the senate, September 5, 1837-extra sessionthe same action was had in the house-that it was August 18. Mr. Gamble moved a reconsideration of the vote by which the bankrupt bill and the amendments had been laid on the table. Decided in the affirmative: yeas 116, nays 93. The bill was then amended; and Mr. Briggs moved the previous question. And the main question, "shall the bill pass? was decided in the affirmative: yeas 110, nays 106. President Tyler has subsequently signed the bill, which establishes a uniform system of bankruptcy throughout the United States-for a copy of which see page 4. THE ARMY. I. The 7th military department, as defined in general orders, No. 32, of 1837, will hereafter be included in the western division. Brigadier General BRADY will report to the major general commanding the western division, and also, in cases of emergency, to general head-quarters. II. Brevet Brigadier General WooL, inspector general, having been appointed brigadier general, vice Brevet Major General Scorr, he is assigned to the command of the eastern division of the army. L. THOMAS, ARKANSAS. |bonds, that the legislature will not be convened the coming winter. MISSOURI. APPOINTMENT. The governor of Missouri has appointed Judge Scorr, recently judge of the circuit which includes Jefferson city, to the bench of the supreme court of this state. FLORIDA. TERRIBLE APPLICATION OF LYNCH LAW. The N. Orleans Picayune contains the particulars of a whole sale exercise of Lynch law in the state of Arkansas. It seems that Phillips county of that state, and the county of Cloohoma, on the opposite side of the river, have been the harbor of an extensive band of counterfeiters. The citizens, enraged at this system of things, resolved to rid themselves of them, by any and every means placed within their power. They accordingly proceeded, about 100 in number, in pursuit, Since Col, Worth has been in command, nearly 300 headed by a captain Barney Bedford, all well armed. The following stratagem was then resorted to, for Indians have either come in and surrendered or been their apprehension. The volunteers engaged a trad- captured. The haunts to which they resorted north of a ing boat at Helena, and hid about 50 men in the store line drawn from Pilatki to the mouth of Withlacooche, room; they then descended the river, landing at every have been broken up, and the war is now removed place were they expected to fall in with the counter-south of the Oclawaha. It is stated that Tiger Tail feiters. These depraved men came on board to pur- was to meet Col. Worth on the 25th ultimo, at Anchase produce, with the intention of paying for it in nutteeliga to negotiate a surrender. A letter dated counterfeit money. They were thus taken and se- the 21st August says-A few days since Capt. Alexcured in the boat. When the number had increased ander, of the 6th infantry, scouting on the Homosassa, to 27 men, they were tied hands and feet, and, as the came across a corn field of Tiger Tail, which he dereport says, drowned in the Mississippi, near Island stroyed, and which an Indian guide informed him was No. 69, in the presence of two men, Harrod and Bur- the last field Tiger Tail had left. Hallech Tustegess, who, it appears, officiated, or at least took an nuggee has been so roughly handled that he now takes refuge upon Spring Garden Island in Lake St. active part in the execution of the sentence. John's with about 19 warriors and fifty or sixty women and children. An expedition was to start in search of him on the 26th ultimo. The Charleston Patriot publishes a letter dated St. Augustine, Aug. 23, which states that 25 of Aleck Tustenuggee's warriors had gone into Tampa, and that the whole band was about giving up. Lieutenant Anderson had captured six squaws and three children near Volusia. Until further orders the head-quarters of the eas- The Picayune states, that when their informant tern division will be changed to Troy, New York. left, the volunteers were still in pursuit of others, the Captain E. SCHRIVER, assistant adjutant general, is main one of whom they wished to secure, was a man for the present, assigned to the staff of Brigadier Ge-named Merian Wright. Among the list of victims, neral WooL. By order, the following names have been obtained, viz: Hugh Talley, Lewis Hingston, Andrew McLaughlin, Willis Pollock, Hugh Cotten, Elliot and Robert Hunter, the latter lately from New York, Joe Merritt and McCormick. Assistant Adjutant General. Major general WINFIELD SCOTT, accompanied by his aids, Captains ANDERSON and ALLEN, left Albany on the 25th ult. for the western part of N. York. MILITARY ACADEMY. The cadets at West Point, we understand, says the N. Y. American, have been obliged to strike their tents and go into barracks, in consequence of the prevalence of dysentary among them. THE NAVY. The U. S. ships Constitution and Yorktown, and store ship Relief, were at Callao on the 2d May. The U. S. ship St. Louis, capt. F. Forrest, arrived at Sandwich Islands on the 6th April, and proceeded shortly after to visit St. Francisco, Menterey, and Mazatlan, at which latter port she arrived on the 8th June. The St. Louis took from the Marquessas islands a number of runaway seamen who had been encouraging the natives in their savage warfare and exercising a demoralizing influence over them. The U. S. ship Vincennes, Capt. Wilkes, and the brig Porpoise sailed from Sandwich Islands on the 5th April for Columbia river. The brig Consort has left New York, on a surveying cruise. The U. S. ship Cyane, Com. Armstrong, says the Norfolk Phenix, dropped down from the yard, to the naval anchorage, off Town Point, yesterday morning. She is destined for the Brazil station. The secretary of the navy has appointed Dr. WM. P. C. BARTON, of the navy, to fill the now vacant station of attending surgeon of the United States naval asylum, on the Schuylkill. STATES OF THE UNION. We are yet without official returns of the elections in either of the states that held elections last month. The general results as heretofore given are confirmed. On Tuesday next the annual election takes place in Vermont, and on the Monday following that of Maine occurs. The St. Louis papers contain further particulars, giving a still darker hue to this bloody outrage. The number either drowned or shot was from 50 to 75; after which the executioners proceeded up and down the river, burning the houses lately occupied by the victims of their vengeance, and ordering their families to leave their homes forever. nel INDIANA. The steamer William Gaston was to leave on the 24th for Fort Pierce, with horses. A party of 50 mounted men was to leave that post immediately on the arrival of the boat, on an excursion to co-operate with the movements now going on. Despatches have been received at the war department from Colonel Worth, up to the 18th instant.They furnish gratifying evidence of the continued activity of the troops in exploring the hiding places of the enemy, and in promptly pursuing predatory parties among the settlements. ELECTION. According to Chapman's State Centi- and Waccasassa rivers have been explored by land The sections of the country lying in the Horwasassa of the 24th ult. the Senate stands, whigs 28 democrats, 74 21 54 བཙ ། 75 and there is a vacancy in the senate in Marion coun- ILLINOIS. | and water; in the former, forty acres of Indian cultivation were discovered and destroyed. The neighborhood of the Timoka and Halifax rivers has also been minutely examined, but without meeting with any indications of the enemy. The expedition into the Everglades had not been heard from. Along the line of the settlements and in Middle Florida the troops are kept constantly in motion. Much of the country, nearly impracticable at the best season, is now rendered doubly so by unusual inundation, owing to continued rains. The zeal of officers and men, and their perseverance in scouting, under such complicated difficulties, deserves all praise. The colonel commanding reports the coming in of ten Indians since the report of the 8th of August, and the capture, by Licut. Col. Riley, of a sub-chief of Halleck Tustenuggee's band; from the possession of whom he expects material assistance in the furtherance of his plans. TALLAHASSEE, AUG. 21. More Indian Depredations. We learn that on Saturday last, as a party of six men were on a deer hunt in Gadsden county, they started an Indian whom they pursued until one of them, Mr. Gilchrist, (who had a horse), coming up near him, the Indian secreted himself in the hammock and shot him through the shoulder, but not mortally, when Mr. G. shot the Indian dead, at the same time discovering a small party about 40 rods distant, in the act of gathering honey from a bee tree. At that moment two more of the hunters arrived, who killed two more Indians and wounded the fourth so that he fell, but made his escape. The Indians, of course, took to the hammock. With shame did we hear, that three of the six hunters run with fright on the announcement of Indians. MORE LYNCHING. We learn from the Peoria (Ill.) Register, that a few weeks since, a young man named George Fisher, of Henderson county, was taken out of bed at night by a band of ruffians, one half of his head shaved, his body tarred and feathered, and then, with his hands tied behind him, put into a canoe, and set adrift in the Mississippi river, with a threat that they would kill him if he came ashore. After floating a few miles, Fisher contrived to free his hands and reach the shore. He immediately returned home, and caused some of the ruffians to be apprehended, who, after due examination, were bound over to appear at the next court-two of them in bonds of $1,200 each, the others from $400 to $800 each. The remaining four ruffians made their escape to the Iowa side of the river, and there succeeded in rallying a mob, who came over in a ferry boat and recaptured Fisher. This was in the middle of the afternoon. Fisher was taken some seventy yards from the road, tied with a chain and rope, and a guard of two men RHODE ISLAND. armed with knives and pistols, placed over him, who UNIVERSAL SUFFRAGE. We learn by the Provi- told him that if he hallooed, instant death was his dence Journal that the executive committee of the portion. Here he remained till dark, when he was Rhode Island Suffrage association, have issued a taken to the second island above Bloomington, and call for a convention to frame a state constitution, flogged by four men until back, legs and arms were We also learn that on Tuesday night a party of 7 for delegates to be elected from the several towns, cut into welts. He was then presented with a lie-bill Indians came down the Augustine road, passed in proportion to their population, and to meet in to sign; refusing to do which, he was again put into Blocker's Cross Roads to the house adjoining Tom Providence early in October. The entire mail po- a canoe, in which was a large stone, and set afloat. Peters Chairs mill, and finding it well picketed in, pulation, legally resident of the state, and of lawful He, however, effected a landing a few miles below kept on to the miller's house, where they lay in wait age, are invited to vote for the delegates. We learn Burlington. until the miller rose to go to his mill, when they shot that it is the intention to present the constitution ✓ CANAL-STATE DEBT. We copied an article from him down, wounding him in four or five places thus framed, to the general assembly at the October the Ottawa paper, says the Springfield Journal, stat- (though we are glad to hear not mortally), and supsession, and to petition for its adoption as the su- ing that the governor had agreed to appropriate seven-it, then proceeded to the mill, loaded themselves with posing him dead, plundered his house and set fire to preme law of the state. teen hundred thousand dollars in bonds for canal pur meal, &c. burned that also, and then took up their poses. We have understood that the governor had line of march for the hammock, during which they only agreed to issue $150,000 in bonds, for the pay- met a man on horseback, whom they shot at and ment of debts already due to contractors. VIRGINIA. COPPER ORE. The Wheeling Gazette says that large quantities of copper ore have been discoved in that vicinity. The ore was submitted to Professor Smith and Dr. Blake, (dentist), who analized it, and produced pure copper. The basis of the ore appeared to be carbonate of lime. The $1,700,000 of bonds, if issued, will increase our state debt to near $16,000,000. It is said, on the supposition that the governor has determined to issue this amount (1,700,000) of wounded, when his horse took fright, turned and made for home, but while within gunshot they wounded the man the second time, also the horse, so that it was with much difficulty that his horse, with himself, escaped their sharp shooting, as he was pursued for nearly half a mile. The ruffians were pursued, but nothing has yet been heard of them. [Floridian. IOWA. ELECTION. A. C. Dodge has been re-elected delegate to congress from the territory of Iowa, by an unascertained (but not large) majority, over Mr. Rich, his whig opponent. BANKRUPT LAW. A BILL TO ESTABLISH A UNIFORM SYSTEM OF BANKRUPTCY THROUGHOUT THE UNITED STATES. surers, owing debts to the amount of not less than two Decree of bankruptcy divests the bankrupt and invests his receive no discharge under the provisions of this act: | proved their debts, and other persons in interest, to Provided, That all dealings and transactions by and appear at a particular time and place, to show cause with any bankrupt, bona fide made and entered into why such discharge and certificate shall not be grantmore than two months before the petition filed against ed; at which time and place any such creditors, or him, or by him, shall not be invalidated or affected by other persons in interest, may appear and contest the this act: Provided, That the other party to any such right of the bankrupt thereto: Provided, That in cases dealings or transactions had no notice of a prior act where the residence of the creditor is known, a serof bankruptcy, or of the intention of the bankrupt to vice on him personally, or by letter addressed to him take the benefit of this act. And in case it shall be at his known usual place of residence, shall be premade to appear to the court, in the course of the pro- scribed by the court, as in their discretion shall seem ceedings in bankruptcy, that the bankrupt, his appli- proper, having regard to the distance at which the cation being voluntary, has, subsequent to the first creditor resides from such court. And if any such day of January last, or at any other time, in contem- bankrupt shall be guilty of any fraud or wilful conplation of the passage of a bankrupt law, by assign- cealment of his property or rights of property, or ments or otherwise, given or secured any preference shall have preferred any of his creditors contrary to Bankruptcy authorised-Exceptions-Initiatory proceed to one creditor over another, he shall not receive a the provisions of this act, or shall wilfully omit or ings on application for Cases in which creditors may discharge unless the same be assented to by a majori- refuse to comply with any orders or directions of ty in interest of those of his creditors who have not such court, or to conform to any other requisites of demand bankruptcy—Jury trial granted thereon. been so preferred: And provided also, That nothing this act, or shall, in the proceedings under this act, Be it enacted by the senate and house of representatives of in this act contained shall be construed to annul, de- admit a false or fictitious debt against his estate, he the United States of America in congress assembled, That stroy, or impair any lawful rights of married women shall not be entitled to any such discharge or certifithere be, and hereby is, established, throughout the or minors, or any liens, mortgages or other securities cate; nor shall any person, being a merchant, banker, United States, a uniform system of bankruptcy, as on property, real or personal, which may be valid by factor, broker, underwriter or marine insurer, be enfollows: All persons whatsoever, residing in any state, the laws of the states respectively, and which are not titled to any such discharge or certificate, who shall district or territory of the United States, owing debts, inconsistent with the provisions of the second and become bankrupt, and who shall not have kept prowho shall, by petition, setting forth to the best of his fifth sections of this act. per books of account, after the passing of this act; knowledge and belief, a list of his or their creditors, their respective places of residence, and the amount nor any person who, after the passing of this act, shall apply trust funds to his own use: Provided, That due to each, together with an accurate inventory of his no discharge of any bankrupt under this act shall reor their property, rights and credits, of every name, lease or discharge any person who may be liable for kind and description, and the location and situation of each and every parcel and portion thereof, verified Sec. 3. And be it further enacted, That all the pro- the same debt as a partner, joint contractor, endorser, by oath, or, if conscientiously scrupulous of taking perty and rights of property, of every name and na- surety or otherwise, for or with the bankrupt. And ture, and whether real, personal or mixed, of every such bankrupt shall at all times be subject to examian oath, by solemn affirmation, apply to the proper bankrupt, except as is hereinafter provided, who nation, orally or upon written interrogatories, in and court, as hereinafter mentioned, for the benefit of this shall by a decree of the proper court be declared to before such court, or any commission appointed by act, and therein declare themselves to be unable to be a bankrupt within this act, shall, by mere opera- the court therefor, on oath, or, if conscientiously meet their debts and engagements, shall be deemed tion of law, ipso facto, from the time of such decree, scrupulous of taking an oath, upon his solemn affirbankrupts within the perview of this act, and may be be deemed to be divested out of such bankrupt, with- mation, in all matters relating to such bankruptcy, so declared accordingly by a decree of such court; out any other act, assignment or other conveyance and his acts and doings, and his property and rights all persons, being merchants, or using the trade of whatsoever; and the same shall be vested, by force of property, which, in the judgment of such court, merchandise, all retailers of merchandise, and all of the same decree, in such assignee as from time to are necessary and proper for the purposes of justice; bankers, factors, brokers, underwriters or marine in- time shall be appointed by the proper court for this and if in any such examination he shall wilfully and thousand dollars, shall be liable to become bankrupts purpose; which power of appointment and removal corruptly answer or swear or affirm falsely, he shall such court may exercise at its discretion, toties quo- be deemed guilty of perjury, and shall be punishable within the true intent and meaning of this act, and ties; and the assignee so appointed shall be vested therefor in like manner as the crime of perjury is may, upon the petition of one or more of their cre- with all the rights, titles, powers and authorities to now punishable by the laws of the United States; and ditors, to whom they owe debts amounting in the sell, manage and dispose of the same, and to sue such discharge and certificate, when duly granted, whole to not less than five hundred dollars, to the ap- for and defend the same, subject to the orders and shall, in all courts of justice, be deemed a full and propriate court, be so declared accordingly, in the directions of such court, as fully, to all intents and complete discharge of all debts, contracts and other following cases, to wit: whenever such person, being a merchant or actually using the trade of mer- exercised by, such bankrupt before or at the time of under this act, and shall be and may be pleaded as a purposes, as if the same were vested in, or might be engagements of such bankrupt, which are proveable chandise, or being a retailer of merchandise, or being his bankruptcy declared as aforesaid; and all suits in full and complete bar to all suits brought in any court a banker, factor, broker, underwriter or marine in-law or in equity, then pending, in which such bank- of judicature whatever, and the same shall be conclusurer, shall depart from the state, district or territory, of which he is an inhabitant, with intent to de-rupt is a party, may be prosecuted and defended by sive evidence of itself in favor of such bankrupt, unfraud his creditors; or shall willingly or fraudulently such assignee to their final conclusion, in the same less the same shall be impeached for some fraud or procure himself to be arrested, or his goods and chat- way, and with the same effect, as they might have wilful concealment by him of his property or rights tles, lands or tenements, to be attached, distrained, been by such bankrupt; and no suit commenced by of property, as aforesaid, contrary to the provisions or against any assignee shall be abated by his death of this act, on prior reasonable notice specifying in sequestered or taken in execution, or shall remove his goods, chattles and effects, or conceal them to cuted or defended by his successor in the same office; case of bankruptcy, a majority in number and value, or removal from office, but the same may be prose- writing such fraud or concealment; and if, in any prevent their being levied upon, or taken in execu- Provided, however, That there shall be excepted from of the creditors, who shall have proved their debts tion, or by other process; or make any fraudulent the operation of the provisions of this section the ne- at the time of hearing of the petition of the bankrupt conveyance, assignment, sale, gift or other transfer cessary household and kitchen furniture, and such for a discharge as herein before provided, shall at of his lands, tenements goods or chattles, credits or other articles and necessaries of such bankrupt as the such hearing file their written dissent to the allowevidences of debt: Provided, however, That any person said assignee shall designate and set apart, having ance of a discharge and certificate to such bankrupt, so declared a bankrupt, at the instance of a creditor, reference in the amount to the family, condition and or if, upon such hearing, a discharge shall not be demay, at his election, by petition to such court within circumstances of the bankrupt but altogether not to creed to him, the bankrupt may demand a trial by ten days after its decree, be entitled to a trial by jury exceed in value, in any case, the sum of three hun-jury upon a proper issue to be directed by the court, before such court, to ascertain the fact of such bank-dred dollars; and also, the wearing apparel of such at such time and place and in such manner as the ruptcy; or if such person shall reside at a great distance from the place of holding such court, the said bankrupt, and that of his wife and children; and the court may order; or he may appeal from that decidetermination of the assignee in the matter shall, on sion, at any time within ten days thereafter, to the judge, in his discretion, may direct such trial by jury exception taken, be subject to the final decision of circuit court next to be held for the same district, by said court. simply entering in the district court, or with the clerk thereof, upon record, his prayer for an appeal. The appeal shall be tried at the first term of the circuit court after it be taken, unless, for sufficient reason, a continuance be granted; and it may be heard and determined by said court summarily, or by a jury, at the option of a bankrupt; and the creditors may appear and object against a decree of discharge and the allowance of the certificate, as hereinbefore provided. And if, upon a full hearing of the parties, it shall appear to the satisfaction of the court, or the jury shall find, that the bankrupt has made a full disclosure and surrender of all his estate, as by this act required, and has in all things conformed to the directions thereof, the court shall make a decree of discharge, and grant a certificate, as provided in this to be had in the county of such person's residence, in such manner, and under such directions, as the said court may prescribe and give; and all such decrces passed by such court, and not so re-examined, shall be deemed final and conclusive as to the subject-matter thereof. Future preferences void—Discharge in such case forbid— Limit and proviso-Cases of preferences since 1st January last, provided for Married women and minors rights preserved. Sec. 2. And be it further enacted, That all future payments, securities, conveyances or transfers of property, or agreements made or given by any bankrupt in contemplation of bankruptcy, and for the purpose of giving any creditor, endorser, surety, or other person any preference or priority over the general creditors of such bankrupt; and all other payments, securities, conveyances or transfers of property, or agreements made or given by such bankrupt in contemplation of bankruptcy, to any person or persons whatever, not being a bona fide creditor or purchaser, for a valuable consideration, without notice, shall be deemed utterly void and a fraud upon this act; and the assignee under the bankruptcy shall be entitled to claim, sue for, recover and receive the same as part of the assets of the bankruptcy; and the person making such unlawful preferences and payments shall Discharge may be granted by court, except creditors dis- Bankrupt's property-Distribution directed― Contingent Sec. 4. And be it further enacted, That every bank- debts provided for-Right of action waived-Case of mutual debt-Power to disallow claims-Proof of debt to corporations-Appointment of commissioners. Sec. 5. And it further enacted, That all creditors coming in and proving their debts under such bankruptcy, in the manner hereinafter prescribed, the same being bona fide debts, shall be entitled to share in the bankrupt's property and effects, pro rata, with Proceedings must be in the district where the bankrupt resides-Notice to creditors to show cause-Evidence And upon out any priority or preference whatsoever, except ruptcy; which fees shall be as low as practicable, | Prompt proceedings directed-Dividends of assets at least only for debts due by such bankrupt to the United with reference to the nature and character of such every six months-Notice thereof required—Suits at States, and for all debts due by him to persons who services. law not to postpone dividends-Proceedings to be closed by the laws of the United States, have a preference, in consequence of having paid moneys as his sureties, in two years-Claims not proved in time. which shall be first paid out of the assets; and any Sec. 10. And be it further enacted, That in order to person who shall have performed any labor as an ensure a speedy settlement and close of the proceedoperative in the service of any bankrupt shall be enings in each case in bankruptcy, it shall be the duty titled to receive the full amount of the wages due to of the court to order and direct a collection of the asSec. 7. And be it further enacted, That all petitions sets, and a reduction of the same to money, and a him for such labor, not exceeding twenty-five dollars: Provided, That such labor shall have been performed by any bankrupt for the benefit of this act, and all distribution thereof, at as early periods as practicable within six months next before the bankruptcy of his petitions by a creditor against any bankrupt under consistently with a due regard to the interests of the employer; and all creditors whose debts are not due this act, and all proceedings in the case to the close creditors: and a dividend and distribution of such asand payable until a future day, all annuitants, holders thereof, shall be had in the district court within and sets as shall be collected and reduced to money, or of bottomry and respondentia bonds, holders of poli- for the district in which the person supposed to be sistently with the rights and interests of third persons persons, having uncertain or contingent demands ness at the time when such petition is filed, except having adverse claims thereto, shall be made among cies of insurances, sureties, endorsers, bail or other a bankrupt shall reside, or have his place of busi-so much thereof as can be safely so disposed of, conagainst such bankrupt, shall be permitted to come in where otherwise provided in this act. and prove such debts or claims under this act, and every such petition, notice thereof shall be published the creditors who have proved their debts, as often as shall have a right, when their debts and claims be-in or more public newspapers printed in such dis- once in six months from the time of the decree declaring the bankruptcy; notice of such dividends and come absolute, to have the same allowed them; and trict, to be designated in such court, at least twenty distribution to be given in some newspaper or newssuch annuitants and holders of debts payable in fu- days before the hearing thereof; and all persons inture may have the present value thereof ascertained, terested may appear at the time and place where the papers in the district, designated by the court, ten days at least before the order therefor is passed; and under the direction of such court, and allowed them hearing is thus to be had, and show cause, if any the pendency of any suit at law or in equity, by or accordingly as debts in presenti; and no creditor or should not be granted; all evidence by witnesses to be division and distribution, except so far as the assets they have, why the prayer of the said petitioner against such third persons, shall not postpone such other person, coming in and proving his debt or other claim, shall be allowed to maintain in any suit at law used in all hearings before such court shall be under have waived all right of action and suit against such scientiously scrupulous of taking an oath, and may ticable, be finally adjusted, settled and brought to proceedings in bankruptcy in each case shall, if pracor in equity therefor, but shall be deemed thereby to oath, or solemn affirmation when the party is con- may be necessary to satisfy the same; and all the be oral or by deposition, taken before such court, or bankrupt; and all proceedings already commenced, before any commissioner appointed by such court, a close, by the court, within two years after the deand all unsatisfied judgments already obtained thereon cree declaring the bankruptcy. And where any creshall be deemed to be surrendered thereby, and in all or before any disinterested state judge of the state in ditor shall not have proved his debt until a dividend cases where there are mutual debts or mutual credits which the deposition is taken; and all proofs of debts between the parties, the balance only shall be deemed or other claims, by creditors entitled to prove the or distribution shall have been made and declared, he the true debt or claim between them, and the residue same by this act, shall be under oath or solemn af- shall be entitled to be paid the same amount, pro rata, out of the remaining dividends or distributions thereshall be deemed adjusted by the set-off; all such proof sioner appointed thereby, or before some disinterested ceived, before the latter shall be entitled to any firmation as aforesaid, before such court or commis- after made, as the other creditors have already reof debts shall be made before the court decreeing the bankruptcy, or before some commissioners appointed such form as may be prescribed by the rules and restate judge of the state where the creditors live, in by the court for that purpose; but such court shall have full power to set aside and disallow any debt, upon established by the courts having jurisdiction in bankgulations herein before authorised to be made and Assignee may by order of court, redeem mortgaged or hyproof that such debt is founded in fraud, imposition, pothicated property-Compound doubtful claims, &c. illegality or mistake; and corporations to whom any claims shall be open to contestation in the proper shall have full authority, by and under the order and ruptcy. But all such proofs of debts and other Sec. 11. And be it further enacted, That the assignee debts are due may make proof thereof by their presi- court having jurisdiction over the proceedings in the direction of the proper court in bankruptcy, to redent, cashier, treasurer or other officer, who may be specially appointed for that purpose; and in appoint- particular case in bankruptcy; and as well the as- deem and discharge any mortgage or other pledge, signee as the creditor shall have a right to a trial by form other duties, under the provisions of this act, ascertain the validity and amount of such debts or and to tender a due performance of the conditions ing commissioners to receive proof of debts, and per-jury, upon an issue to be directed by such court, to or deposit, or lien upon any property, real or personal, whether payable in presenti or at a future day, the said court shall appoint such persons as have other claims; and the result therein, unless a new thereof. And such assignee shall also have authoritheir residence in the county in which the bankrupt trial shall be granted, if in favor of the claims, shall portion thereof. be evidence of the validity and amount of such ty, by and under the order and direction of the pro- Jurisdiction of the circuit court in cases against the assignee A person once discharged, excepted from the benefit of another discharge-Unless, &c. each creditor. lives. Jurisdiction of the United States district court over all cases of bankruptcy-Rules of proceeding-Fees. Sec. 6. And be it further enacted, That the district court in every district shall have jurisdiction in all matters and proceedings in bankruptcy arising under this act and any other act which my hereafter be passed on the subject of bankruptcy; the said jurisdiction to be exercised summarily, in the nature of summary proceedings in equity; and for this purpose the said district court shall be deemed always open. of a bankrupt-Limitation against such suit. And the district judge may adjourn any point or Sec. 8. And be it further enacted, That the circuit | question arising in any case in bankruptcy into the court within and for the district where the decree circuit court for the district, in his discretion, to be of bankruptcy is passed, shall have concurrent jurisSec. 12. And be it further enacted, That if any perthere heard and determined; and for this purpose the diction with the district court of the same district son who shall have been discharged under this act circuit court of such district shall also be deemed al- of all suits at law and in equity which may and shall shall afterwards become bankrupt, he shall not again ways open. And the jurisdiction hereby conferred be brought by any assignee of the bankrupt against estate shall produce (after all charges), sufficient to be entitled to a discharge under this act, unless his on the district court shall extend to all cases and con- any person or persons claiming an adverse interest, troversies in bankruptcy arising between the bank- or by such person against such assignee, touching amount of the debt which shall have been allowed to pay every creditor seventy-five per cent. on the rupt and any creditor or creditors who shall claim any property or rights of property of said bankrupt any debt or demand under the bankruptcy; to all transferable to, or vested in, such assignee, and no cases and controversies between such creditor or suit at law or in equity shall, in any case, be maincreditors and the assignee of the estate, whether in tainable by or against such assignee, or by or against office or removed; to all cases and controversies be- any person claiming an adverse interest, touching tween such assignee and the bankrupt, and to all the property and rights of property aforesaid, in acts, matters and things to be done under and in vir- any court whatsoever, unless the same shall be tue of the bankruptcy, until the final distribution and brought within two years after the declaration and settlement of the estate of the bankrupt and the close decree of bankruptcy, or after the cause of suit shall of the proceedings in bankruptcy. And the said court first have accrued. shall have full authority and jurisdiction to compel court; and the clerk of the court, for affixing his obedience to all orders and decrees passed by them name and the seal of the court to any form, or cerin bankruptcy, by process of contempt and other retifying a copy thereof, when required thereto, shall medial process, to the same extent the circuit courts Sec. 9. And be it further enacted, That all sales, be entitled to receive, as compensation, the sum of may now do in any suit pending therein in equity transfers and other conveyance of the assignee, of twenty-five cents, and no more. And no officer of And it shall be the duty of the district court in each the bankrupt's property and rights of property, shall the court, or commissioner, shall be allowed by the district, from time to time, to prescribe suitable rules be made at such times and in such manner as shall court more than one dollar for taking the proof of and regulations and forms of proceedings in all mat- be ordered and appointed by the court in bankruptcy; any debt or claim of any creditor or other person ters of bankruptcy; which rules, regulations and and all assets received by the assignee in money against the estate of the bankrupt; but he may be forms shall be subject to be altered, added to, revis- shall, within sixty days afterwards, be paid into allowed, in addition, his actual travel expenses for ed or annulled, by the circuit court of the same dis- the court, subject to its order respecting its future that purpose. trict, and other rules, and regulations, and forms sub- safe keeping and disposition; and the court may restituted therefor; and in all such rules, regulations quire of such assignee a bond, with at least two and forms, it shall be the duty of the said courts to sureties, in such sum as it may deem proper, condimake them as simple and brief as practicable, to the tioned for the due and faithful discharge of all his end to avoid all unnecessary expenses, and to facili- duties, and his compliance with the orders and ditate the use thereof by the public at large. And the rections of the court; which bond shall be taken in said courts shall, from time to time, prescribe a ta- the name of the United States, and shall, if there be riff or table of fees and charges, to be taxed by the any breach thereof, be sued and sueable, under the officers of the court or other persons for services order of such court, for the benefit of the creditors under this act, or any other on the subject of bank- and other persons in interest. Sales of property-Disposition of proceeds-Bonds re quired of assignee. Proceedings to be recorded-Office copy-Fees. Sec. 13. And be it further enacted, That the proceedings in all cases in bankruptcy shall be deemed matters of record; but that the same shall not be required to be recorded at large, but shall be carefully filed, kept and numbered in the office of the court, and a docket only, or short memorandum thereof, with the numbers, kept in a book by the clerk of the Regulations in relation to partnerships. Sec. 14. And be it further enacted, That where two or more persons, who are partners in trade, become insolvent, an order may be made in the manner provided in this act, either on the petition of such partners, or any one of them, or on the petition of any creditor of the partners; upon which order all the joint stock and property of the company, and also all of the separate estate of each of the partners, |