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Vol. I.]

THE AMENDATORY BANKRUPTCY ACT.

[No. 7.

SEC. 18. That from and after the passage of this act the fees, commissions, charges, and allowances, excepting actual and necessary disbursements, of, and to be made by, the officers, agents, marshals, messengers, assignees, and registers in cases of bankruptcy, shall be reduced to one half of the fees, commissions, charges, and allowances heretofore provided for or made in like cases: Provided, That the preceding provision shall be and remain in force until the justices of the supreme court of the United States shall make and promulgate new rules and regulations in respect to the matters aforesaid, under the powers conferred upon them by sections ten and forty-seven of said act, and no longer, which duties they shall perform as soon as may be. And said justices shall have power under said sections, by general regulations, to simplify, and so far as in their judgment will conduce to the benefit of creditors, to consolidate the duties of the register, assignee, marshal, and clerk, and to reduce fees, costs, and charges, to the end that prolixity, delay, and unnecessary expense may be avoided. And no register or clerk of court, or any partner or clerk of such register or clerk of court, or any person having any interest with either in any fees or emoluments in bankruptcy, or with whom such register or clerk of court shall have any interest in respect to any matter in bankruptcy, shall be of counsel, solicitor, 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, or in an appeal therefrom. Nor shall they, or either of them, 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, directly or indirectly, in the fees or emoluments arising from either of said trusts. And the words "except such as are established by this act or by law," in section ten of said act, are hereby repealed.

SEC. 19. That it shall be the duty of the marshal of each district, in the month of July of each year, to report to the clerk of the district court of such district, in a tabular form, to be prescribed by the justices of the supreme court of the United States, as well as such other or further information as may be required by said justices,

First, the number of cases in bankruptcy in which the warrant prescribed in section eleven of said act has come to his hands during the year ending June thirtieth, preceding;

Secondly, how many such warrants were returned, with the fees, costs, expenses, and emoluments thereof, respectively and separately;

Thirdly, the total amount of all other fees, costs, expenses, and emoluments, respectively and separately, earned or received by him during such year from or in respect of any matter in bankruptcy;

Fourthly, a summarized statement of such fees, costs, and emoluments, exclusive of actual disbursements in bankruptcy, received or earned for such year;

Fifthly, a summarized statement of all actual disbursements in such cases for such year.

And in like manner, every register shall, in the same month and for the same year, make a report to such clerk of,

First, the number of voluntary cases in bankruptcy coming before him during said year;

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THE AMENDATORY BANKRUPTCY ACT.

[No. 7.

Secondly, the amount of assets and liabilities, as nearly as may be, of the bankrupts;

Thirdly, the amount and rate per centum of all dividends declared; Fourthly, the disposition of all such cases;

Fifthly, the number of compulsory cases in bankruptcy coming before him, in the same way;

Sixthly, the amount of assets and liabilities, as nearly as may be, of such bankrupts ;

Seventhly, the disposition of all such cases;

Eighthly, the amounts and rate per centum of all dividends declared in such cases;

Ninthly, the total amount of fees, charges, costs, and emoluments of every sort, received or earned by such register during said year in each class of cases above stated.

And in like manner, every assignee shall, during said month, make like return to such clerk of,

First, the number of voluntary and compulsory cases, respectively and separately in his charge during said year;

Secondly, the amount of assets and liabilities therein, respectively and separately;

Thirdly, the total receipts and disbursements therein, respectively and separately;

Fourthly, the amount of dividends paid or declared, and the rate per centum thereof, in each class, respectively and separately;

Fifthly, the total amount of all his fees, charges, and emoluments, of every kind therein, earned or received;

Sixthly, the total amount of expenses incurred by him for legal proceedings and counsel fees;

Seventhly, the disposition of the cases respectively;

Eighthly, a summarized statement of both classes as aforesaid.

And in like manner, the clerk of said court, in the month of August, in each year, shall make up a statement for such year, ending June thirtieth, of,

First, all cases in bankruptcy pending at the beginning of the said year; Secondly, all of such cases disposed of;

Thirdly, all dividends declared therein;

Fourthly, the number of reports made from each assignee therein;
Fifthly, the disposition of all such cases;

Sixthly, the number of assignees' accounts filed and settled;

Seventhly, whether any marshal, register, or assignee has failed to make and file with such clerk the reports by this act required, and, if any have failed to make such reports, their respective names and residences.

And such clerk shall report in respect of all cases begun during said

year.

And he shall make a classified statement, in tabular form, of all his fees, charges, costs, and emoluments, respectively, earned or accrued during said year, giving each head under which the same accrued, and also the sum of all moneys paid into and disbursed out of court in bankruptcy, and the balance in hand or on deposit.

And all the statements and reports herein required shall be under oath, and signed by the persons respectively making the same.

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THE AMENDATORY BANKRUPTCY ACT.

[No. 7.

And said clerk shall, in said month of August, transmit every such
statement and report so filed with him, together with his own statement
and report aforesaid, to the attorney general of the United States.

Any person who shall violate the provisions of this section shall, on
motion made, under the direction of the attorney general, be by the dis-
trict court dismissed from his office, and shall be deemed guilty of a mis-
demeanor, and, on conviction thereof, be punished by a fine of not more
than five hundred dollars, or by imprisonment not exceeding one year.

SEC. 20. That in addition to the officers now authorized to take proof
of debts against the estate of a bankrupt, notaries public are hereby
authorized to take such proof, in the manner and under the regulations
provided by law; such proof to be certified by the notary and attested by
his signature and official seal.

SEC. 21. That all acts and parts of acts inconsistent with the provisions
of this act be, and the same are hereby, repealed.

APPROVED, June 22, 1874.

INDEX.

ACT OF BANKRUPTCY.
toto, 12.

The numbers refer to the sections of the act.

What constitutes. Section 39 of original act amended in

ASSIGNEE. May be directed to carry on business of bankrupt; duties in respect of
sales, accounts, reports, &c., 4.

Fees of, reduced, 18.

Reports by, required, and what they shall embrace, 19.

Shall be liable to fine and imprisonment for violation of section 4 or 19, 4, 19.
BUSINESS OF BANKRUPT. Court may direct, to be carried on by receiver or assignee, 1.
CLERK OF COURT. Shall have no interest in any matter relating to bankruptcy, 18.
Shall make annual statement, and what it shall embrace, 19.

Shall be deemed guilty of misdemeanor for violation of section 19, 19.
COMPOSITION WITH CREDITORS. How may be made; provisions concerning, 17.
DISCHARGE. Upon what conditions granted in involuntary cases, 9.

Shall not be granted in voluntary cases unless assets equal thirty per cent., 9.
EVIDENCE. Bankrupt and other parties declared to be competent witnesses, 8.
FEES of officers reduced to one half of those allowed by original act, 18.

INVOLUNTARY BANKRUPTCY. One fourth the number of creditors whose debts equal
one third of the provable debts may petition in involuntary cases, 12.

Section 39 amended in toto, 12.

Proceedings, &c., in cases of, 12.

As to requiring payment of any proportion of bankrupt's debts in cases of, 9.
JURISDICTION. Of circuit courts prescribed in section 2 of original act amended, 3.
Conferred by section 49 of original act amended, 16.

Legal debt not over $500 may be collected in state court by order of bankruptcy
court, 2.

LOAN. Made in good faith shall not be invalidated by section 35 of original act, 11.
MARSHAL. Fees of, reduced, 18.

Annual report by, required, and what it shall show, 19.

Shall be deemed guilty of misdemeanor for violation of section 19, 19.

MESSENGER. Fees of, reduced, 18.

NOTARY PUBLIC. May take proof of debt, 20.

NOTICE TO CREDITORS. How may be made, 5.

Vol. I.]

NOTES OF NEW BOOKS.

[No. 7.

NOTICE OF SALES of bankrupt's property. How made, 4.
OFFICERS. Fees of, reduced, 18.

PREFERENCES. Section 35 of original act amended in respect of time in which preferences shall be void, 10.

Section 35 of original act amended to explain intent, &c., 11.

PROCEEDINGS. Amendment of sections 40, 41, and 42 of original act, 13, 14, 15.

Petition must be filed in involuntary cases within six months after act of bankruptcy, 12.

In involuntary cases, 12.

PROOF OF CLAIM.

Amendment of section 21 of original act, 7.

In involuntary cases, 12.

May be made before notary public, 20.

PROPERTY OF BANKRUPT. Šale thereof; of the duties imposed upon the assignee,

&c., 4.

REAL ESTATE OF BANKRUPT. How may be sold, 4.

RECEIVER. May be directed by court to carry on business of bankrupt, 1.
REGISTER. Shall have no interest in any matter relating to bankruptcy, 18.
Fees of, reduced, 18.

Shall make annual report, and what it shall contain, 19.

Shall be deemed guilty of misdemeanor for violation of section 19, 19.

SALES. Of property of bankrupt. How made, &c., 4.

Court shall have supervisory power over, 4.

SET-OFF. Amendment of section 20 of original act in respect of, 6.

STATE COURT. Legal debt not in excess of $500, may be collected in, by order of the bankruptcy court, 2.

SUPREME COURT, U. S. Shall make new rules for carrying out provisions of amendatory act, 18, 19.

NOTES OF NEW BOOKS.

IN the preparation and publication of the Statutes of Illinois for the session of 1873-74, WM. L. GROSS, Esq., has achieved as pronounced a success as can be found in the history of American law book making. The legislature rose on the 30th of March and the volume was ready for delivery by the first of June, while the laws it contained went into force on the first of July. The book embraces what is tantamount to nearly a thousand ordinary pages, and from first to last gives evidence of conscientious and intelligent labor. It has honest marginal notes, a full index and other essentials, all well done, and is, mechanically, unexceptionable. Its production, under the circumstances, is a happy vindication of American enterprise.

THE PROFESSION will be gratified to learn that Messrs. W. H. & O. H. Morrison, of Washington, are about to bring out a continuation of Curtis's Decisions, to be edited by Mr. Justice Miller.

A WORK on extraordinary remedies, including Mandamus, by Jas. L. High, Esq., will shortly be issued by Messrs. Callaghan & Co. of Chicago.

MESSRS. BAKER, VOORHIS & Co. of New York have ready an enlarged and revised edition, the sixth, of Sedgwick on Damages.

The same house have in preparation a new edition of Sedgwick on the Construction of Statutes, with notes by John Norton Pomeroy, LL. D.

JOHN D. PARSONS, Esq., of Albany, announces a work on Nuisances, by H. G. Wood, Esq.

THE AMERICAN LAW TIMES.

NEW SERIES.-AUGUST, 1874.- VOL. I., No. 8.

DIGEST OF CASES

PUBLISHED IN EXTENSO IN LATE ISSUES OF AMERICAN LEGAL PERI

Albany L. J...........

Am. Law Rec.

Am. Law Reg.

Cent. L. J.....
Chicago L. N.....

Daily Reg.....

Ins. L. J......

Int. Rev. Rec..

Leg. Chron.....
Leg. Gazette.

Leg. Int......

Mo. West. Jur...........

Pac. Law Rep....

Pittsb. L. J.....
West. Jur.....

ODICALS.

ABBREVIATIONS.

....Albany Law Journal, Albany, N. Y.,
WEED, PARSONS & Co.
.American Law Record, Cincinnati, O.,
H. M. Moos.
.American Law Register, Philadelphia, Pa.,
D. B. CANFIELD & Co.

Central Law Journal, St. Louis, Mo.,

SOULE, THOMAS & WENTWORTH.

· Chicago Legal News, Chicago, Ill., CHICAGO LEGAL NEWs Co.

..Daily Register, New York,

303 BROADWAY, N. Y.
Insurance Law Journal, New York,
C. C. HINE, 176 BROADWAY.
..Internal Revenue Record, New York,
W. P. & F. C. CHURCH.
.Legal Chronicle, Pottsville, Pa.,

SOL. FOSTER, JR.

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ASSESSMENT BY OFFICER IRREGULARLY ELECTED. Certain land situated in Fairview Township was sold for the taxes of 1867 to defendant, and a deed made therefor. As the law then stood, in addition to township assessors, there was chosen by each incorporated town at its municipal election an assessor, who listed all property within its limits. The township assessors were elected at the general election for state and county officers. The incorporated town of Anamosa is in Fairview Township. At the general election of 1866, one Arnold was elected assessor of Fairview Township, and one Dott, at the same election, and not at a munici

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