Page:United States Statutes at Large Volume 5.djvu/482

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446 TWENTY-SEVENTH CONGRESS. Sess. I. Ch. 9. 1841. ings, in all matters of bankruptcy; which rules, regulations, and forms, shall be subject to be altered, added to, revised, or annulled, by the circuit court of the same district, and other rules and regulations, and forms substituted therefor; and, in all such rules, regulations, and forms, it shall be the duty of the said courts to make them as simple and brief as practicable, to the end to avoid all unnecessary expenses, Said courts ,0 and to facilitate the use thereof by the public at large. And the said prescribeata- courts shall, from time to time, prescribe a tariff or table of fees and Ziff °f.“r°,;‘g_ charges to be taxed by the officers of the court or other persons, for y;ccg$, ,d;,,hiQ services under this act, or any other on the subject of bankruptcy; act. which fees shall be as low as practicable, with reference to the nature and character of such services. Proceedings, Sec. 7. And be it jiirt/ter enacted, That all petitions by any bankrupt ,‘;':,°'° ‘° be for the benefit of this act, and all petitions by a creditor against any ° bankrupt under this act, and ull proceedings in the case to the close thereof, shall be had in the district court. within and for the district in which the person supposed to be a bankrupt shall reside, or have his place of business at the time when such petition is filed, except where At ]c¤¤t_20 otherwise provided in this act. And upon every such petition, notice g:YSiv2g"°° ‘° thereof shall be published in one or more public newspapers printed in gsuch district, to be designated by such court at least twenty days before the hearing thereof; and all persons interested may appear at the time and place where the hearing is thus to be had, and show cause, if any they have, why the prayer of the said petitioner should not be granted; Evidence by all evidence by witnesses to be used in all hearings before such court

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_“;:;’h'°£: shall be under oath, or solemn affirmation, when the party is conscien-

’ ’ tiously scrupulous of taking an oath, and may be oral or by deposition, taken before such court, or before any commissioner appointed by such court, or before any disinterested State judge of the State in which the Procfcfdcbts, deposition is taken; and all proof of debts or other claims, by creditors

 entitled to prove the same by this act, shall be under oath or solemn

’atlirmations as aforesaid, before such court or commissioner appointed thereby, or before some disinterested State judge of the State where the creditors live, in such form as may be prescribed by the rules and regulations hereinbefore authorized to be made and established by the courts Such proofs having jurisdiction in bankruptcy. But all such proofs of debts and ‘;E‘;‘l"Eg"’°“t' other claims shall be open to contestation in the proper court having 'jurisdiction over the proceedings in the particular case in bankruptcy; and as well the assignee as the creditor shall have a right to a trial by jury, upon an issue to be directed by such court, to ascertain the validity and amount of such debts or other claims; and the result therein, unless a new trial shall be granted, if in favor of the claims, shall be evidence of the validity and amount of such debts or other claims. And if any person or persons shall falsely and corruptly answer, swear, or affirm, in any hearing or on trial of any matter, or in any proceeding in such court in bankruptcy, or before any commissioner, he and they shall be deemed guilty of perjury, and punishable therefor in the manner and to the extent provided by law for other cases. Circuit courts Sec. 8. And be it further enacted, That the circuit court within to hqve_c<>pc}¤f- and for the district where the decree of bankruptcy is passed, shall have $$£{,·‘j‘;fgj;°‘°" concurrent jurisdiction with the district court of the same district of all cams, in ce;. suits at law and in equity which may and shall be brought by any as-

  • ¤¤¤ ¢¤S<>¤· signee of the bankrupt against any person or persons 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 such i,,,;;,;,, in, such assignee; and no suit at law or in equity shall, in any case, be Peproughtwrlh- maintainable by or against such assignee or by or against any person m “'° V°““* claiming an adverse interest touching the property and rights of property aforesaid, in any court whatsoever unless the same shall be brought