Page:United States Statutes at Large Volume 5.djvu/484

This page needs to be proofread.

448 TWENTY·SEVENTH CONGRESS. Sess. I. Ch. 9. 1841. Proceedingstc Sec. 13. And be itprrther enacted, That the proceedings in all cases

c,;;‘j*f‘jf;W‘ff,0 in bankruptcy shall be deemed matters of record; but the same shall

be kept, 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 u. book by the FMS *0 clerk clerk of the court; and the clerk of the court, for afiixing his name and °f°°“"‘ the seal of the court to any form, or certifying a copy thereof, when required thereto, shall be entitled to receive, as compensation, the sum c—:£¢:*y5p(;;¤ of twenty-li? cents and np [mor:. And no offilper of th; ppurp, or ppm- ‘ missioner, s all be allowe the court more t an one o ar or ta in the proof of any debt or other claim of any creditor or other persoh against the estate of the bankrupt; but he may be allowed, in addition, his actual travel expenses for that purpose. Op partners in Sec. 14. And be itfugthelg enacted, Tlhat where tgvo or mtpe pergons, EM G b¢¢<>¤¤i¤g who are artners in tra e ecome inso vent, an or er ma e ma e in "‘S°l"°“" the mannbr provided in this act, either on the petition of siich partners, _ or any one of them, or on the petition of any creditor of the partners; pkg; g2g,;?' uponawihgh order all the jointt stotyk zpndhproperty of phsuclpmpgny, and aso the se arato estate 0 eac 0 the partners, s e aren, ex- Cmmm, &c_ cepting such piirts thereof as are herein exempted; and all the creditors Smby prove 05 thedcompany, apd the separatedcgpditorsdofheach partner, lplpll be ¤ is- a owe to rove t ienr respective e s; an e assignees s a also késslggggsulg keep separat; accounts of the joint stock or property of the company, ucc0n";,,, and of the separate estate of each member thereof ; andhuitep deducting N¤§lP*°°°°<l¤ out of the whole amount received b such assi nees the w oe of the

 f;°;;f° expenses and disbursements paid by diem, the ngtt proceeds of the joint

diwyg of the stock shall be appropriated to pay the creditors of the company, and the ¢2ml5¤¤‘Y· nett proceeds of the separate estate of each partner shall be appropriated m,;'eS'Q,l;;l":, to pay his separate creditors; and if there shall be any balance of the gamma, mkdir. separate estate of any partner, after the payment of his separate debts, such 0**- B¤l¤¤¢¤» balance shall be added to the joint stock, for the payment of the joint

 creditors; and if there shall be any balance of the joint stock, after pay-

to jéim stock, ment of the joint debts, such balance shall be divided and appropriated Am! ¤lj<>l¤¢_ to and among the separate estates of the several partners, according to $§3;l§';;::gd" their respective rights and interests therein, and as it would have been Sepm-mamma. if the partnership had been dissolved without any bankruptcy; and the sum so appropriated to the separate estage of ezachhpartner shall hte ap~ eminem of lied to the payment of his separate de ts; an the certificate o disdischarge W Idharge shall be granted or refused to each partner, as the same would 'mh pm""' or ought to be if the proceedings had been against him alone under this act; and in all other respects the proceedings against partners shall be conducted in the like manner as if they had been commenced and prosecuted a ainst one erson alone. Dems of Sec. lg. And be it further enacted, That a copy of any decree of gyplprpgyéci bankruptpyi and the happgintmentcpf assignegs, gs dipecgad the third '~section o tris act, s a e recite in ever ee o an s e on ine to igidl; deeds of the bankrupt, sold and conveyed by any ayssignees under and bygviftue of ghis aft; and tpat such recital, together with a certilied copy of such or er, s all be fu and complete evidence both of the bankruptcy and assignment therein recited, and supersede the necessity of _ any other proof of such bankruptcy and assignment to validate the said deed; such dggdg to and all deeds containing such recital, and supported by such proof; shall pgeglgallyfpass be aselfectual to pass the title of the bankrupt, ol} in, and to the lands baillsmia [ ° therein mentioned andpesciljbegl to ppeb pipehasely, as {'phy, to dal! iptents an ur oses, asi ma e suc anrru t imse imme iate before sucli) oriier. y P ’ y Jurisdiction Sec, 16. And be it further enacted, That all jurisdiction, power, and ,,,,,,;,,,,9,; ,,,,0,, authority, conferred upon and vested in the district court of the United the circuit court States by this act, in cases in bankruptcy, are hereby conferred upon