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PUBLISHED •
EVER V R V T “* D AY MORNING,
T 41 VAN NESS,
11 le < p ran ‘ te Building,” on the corner of
vJglethorpe and Randolph Streets.
„ TER Msi
LBscription—three dollars per annum, payable in
advance, three dollais arul a half at the end of six
muntas, or four dollars, (in all cases) where pay-
Jneul is not ufade tietore tile expiration of the vear.
” o subscription received for less than twelve months
‘vithout payment in advance, and no paper discon
tinued, except at thtv option of the Editor, until all
arrearages are paid.
Advertisi MEHTsconspicuoiisly.inserted at me dol
lar per one hundred words, or less, for the first Vn
•ertion and fifty cents for every subsequent contin
uance. Those sent without a specification of the
number ofniaertiong, will be published uutil ordered
out and charged accordingly.
Yeaklv,Advertisements.—For over 24 anr
not ex teeJiag 33 lines, fifty dollars per annum ; fo
over 12 and not exceeding 24 lines, thirty-five dol
lars per annum ; lor less ihati 12 lines, twenty dot
lars per annum.
2. All rule ani ti^i*re work double the above prices.
Legal A nv ertisements published at the usua
rates, and until strict attention to the reuuisitionsto
the law.
All Sales regulated by law, must be made before
the court house door, between the hours ot 10 in the
morning and four in the evening—those of land in
the county wfier'e it is situate; those of personal
property, where the letters testamentary, of admin
lstr.Uon or of guardian >qip were obtained—and are
requited to b ; previously advertised ill sq;ne public
gazette, as follows;
SilEKirrs’ S i,es tin ler regular executions fur thir
ty days ; under mortgage ti fas sixty days, before
the day of sale.
S.\lrs of land and negroes, by Executors, Adminis
trators or Guardians, fur sixty days before the day
of sale.
Sales of personal property (except Negroes) forty
days.
Gita tions bv Clerks of the Courts ol Ordinary, upon
application fur letters of administration, must be pub
lished foi thirty days.
Citation* upon application for dismission, by Exec
utors, Administrators or Guardians, monthly for six
months.
Orders of Courts of Ordinary, (accompanied with a
Copy of the bond agreement) to make titles to
land, must he published three months.
No rices by Executors, Administrators or Guardian*, |
of application to the Court of Ordinary for leave to
sell the land or negroes of an estate, four months.
Notices by Executors air Administrators, to the
debtors and creditors of an estate, fur six weeks.
Sh eri fes’. Clerks of Court, &c. vy ill be allowed the
usual deduction.
cr j setters on business, must be post paid, to ;
entitle them to attention.
TWO PLANTATIONS
FOR SALK.
THE subscriber offers for sale on very liberal
terms, two excellent settlements of land, lying
in the county of Stewart, both of which contain first
rate iinproveim-nts.
One plantation contains nine hun Ired and forty acres
of land, 500 of it open land, of a superior quality, en
closed with good fences, and in an excellent state of
cultivation. On the premises, are a good log dwelling
house, negro cabins, a blaiksinuh shop, a good gin
with screw and running gear, and a large peach and
apple orchard. This place is on the road leading fom
Florence lo Marion county, and is 10 miles from
Florence, 8 from Lumpkin, and (j from a landing on
the Chattahoochee River.
The other place contains 700 acres of land. 300 of
which aie cleared, ami in excellent order for planting,
‘file uncleared portion is well timbered with oak and
h ckory. On this plantation are a good riwellin?
house, negro cabins, ami gin complete. It is on tl.
rvad leading from Florence to Marion county, 12
nnl s from Florence and 7 from Lumpkin. A more
minute description of these plantations is deemed un
necessary, as any one desirous of purchasing, will of
course, examine them. They are, howr Ver, desirable
places, and will be sold on very liberal terms. Both
plantations are occupied, and will be shown, at any
time, to anyone who wishes, to examine itlnr, or
hot h of t hem. LEW lb DL’Pli E E.
June 17 19 ts
YV A R M i4 P R I N G S ,
p Men wether County, Ga.
rWMHK subscriber having purchased this well
A known establishment, wiil open his house early
in June, for tile reception of visitors. He decl ne giv
ing many details of fair promises, of vvhat he intends to
do fi>r those who mav call upon liliti. but simply adds—
call! and if you are no pleased, it chad be no fault o
his.
To those who are hi pursutjl of PI.E ASURF, call
Ills 11,11 Room wHI be .lighted up every evening, and
go el iiunnciau* will al all lime* be in .ilieiidance.
To th oe who are in pursuit of HEALTH, call
likewise; go..| rooms rial cabins s'uiil be in abun
<l nice, un i die invalid can he as retired as necessary.
I deem it entirely ‘unnecessary to say any thing in re
lation to the Bath, suliice it to say.'here is none equal
to It in the United Stales. I shall not en:u terale :ny
charges here, but •vi 11 be as reasonable as possible, at
the same time they wiil be sufficiently high to ensure
a goorl table and good attenlio'. In short every at
tention that is necessary, and < very conifoit that can !
fie rendered to his visitors shall be his const nt en- j
deavor. SEYMORE R. BONNER.
, P. S. I intend io lav off a lew lots ami dispose of
them to such as will improve them in twelve nfonths.
Tp those who may wish to purchase, call on me or my
agent, Mr. Jonat an Niles ; one or the other will at
all tiwies be at the Springs to point out the. lots ami
hrices. • S. R. B.
April 22 1 1 1 A
i The Macon Messenger,Southern Record* r, Stan- i
riird of Union, and Alabama Journal, wiil publish this j
weekly until the Ist of August, and forward, their ac- I
counts to me at Columbus, Georgia. S. R. B. j
, • NOTICE.
fW"VIE Planters’ Bi iik of ibe Slate of Georgia, hav- I
JL mg iin itedia'ely after the robbery of its vault, j
adopted means to take up from all honest holders the j
notes signed by .1. Marshall, Cashn r, and George W 1
Anlersou, President, hereby gives notice that almost j
the entire amount of that issue, now unredeemed, coil- I
Sists of the notes stolen from the Hank. The public is I
warned against receiving any no e signed by J. Mar- i
shall,Cashier, and Geo. \V. Anderson. President, as !
payment will be refused, unless the most satisfactory
explanation of the manner < f its being received, as
well as the person from whom roce ved.
Anew issue has been male, signed bv H. W. Mer
cer, Cashier, and George VV. Anderson, Presidtnt, |
which wiil be redeemed as heretofore.
tl. \V. MERCER, Cashier.
Savannah, Ju y S 22 6t
the celebrated dorse,
robin Hood,
VCfILL stand the ensuing season, one half of his
V rtf time at my stable, nineteen miles ah’ ve Colum
bus, in Russell county, Ala., and llie other part of his
tune at Lafayette, Chainbe s county. Ala., and will b.
let to mares at the reduced price ol Fifty Dollars, due
25th of December next. Mares sent over thirty
miles will be fed tvq months gratis. Person* failin
to get a colt in the Spring, will he allowed the Fal
season gratis, if the mares are sent to my stable. All
care will be taken to prevent accidents and escapes
but no liabii.-tes for either.
A s to Robin’s performances on the turf, a reference
to ihe Stud Book or the Spirit of the Tunes, will give
entire satisfaction. It is also due him tosav. that his
colts,so far as trials have been made, have been sur
passed bv none in the United States.
The season w il commence the first n r Ma*ch, an
end the first of Julv. WHITE &
JNO. CROWELL.
Jan. 27,1841. 49 ts
COT TO N B A GOING.
Direct Importations.-
THE subscribers have just completed their sea
son’s in • >rt of Cotton Bangui", consisting of
Dundee 44 inch, weighing 2-j lbs. per yard.
“ 41 “ “ 2
“ 44 “ “ 1| “ “
“ 44 “ “ G “
“ 44 “ “ li “
“ jo .< o li “ ‘ j
Inverness 44 “ “ “ l “
Double E. I. Gunny 44 “ “ 2 li 4 ‘
Single “ “ 43 “ “ . G “ *’
Also, Scotch Twine, superior 3 strand.
Bale R > >e. India and English.
Which are offered to the plantets and merchants of
Georgia, at sucli prices an.! on such credits, for city
acceptance, as will render a hotn ■ purchase more ad
vantageous than one in a north-rn market, and enable
supplies to be sent immediately into the interior, du
ring the existence of good liver navigation, and at the
prevailing very low rates of freight.
1 3 ‘ ANDREW LOW & Cos.
Savannah, May 13 1,1 S'”
LIBERAL ADVANCES
MADE on goods consigned to S.M ITH . Pi- \ T
TIE & Cos. Auction and Commission Aier
than's, Columbus, Georgia.
Novemiier 13 39 ts
The Commercial Advertiser, Apalachicola, Elor
da, will insert the preceding, ihree months, and
ansmit the account as above.
BROUGHT TO JAIL
ON the 17th inst. a negro man wlio calls himself
Andrew, and says he belongs to Nathaniel De
patnev. of Russell coun'y, Alabama. The owner is
desired to come forward, comply with the law, pay ex
penses and take him awav.
WILLIAM BROWN, Jailor.
May 2f 15 if
REMOVAL
DR. JNO. J.. B. HOXEY. has removed his of
fice to the room over the store of T. A. Bran
don, a few doors above Taylor and Walker’s, and
pearly opposite Col. John Banks’ 1 ‘rug Store.
Jail. If. 47rf
THE COLUMBUS TIMES.
VOLUME I.]
BANKRUPT BILL.
jAn Act to establish a more unifotm system.of bank
ruptcy throughout the United States.
Be it enacted by the Senate and House of
| Representatives of the United States ol Amer
j ica in Congress assembled, That ibere be,
ja-nd hereby is, established, throughout the
United Slates, a uniform system of bankrupt
cy, as follow^: All persons whatsoever, resi
ding in any Slate, District or Territory ol the
United States, owing debts, which shall not
have been created in consequence of a defal
cation its a public officer, or as executor, ad
rninislrator, guardian, or trustee, or while act
ing in any other fiduciary capacity, who shall,
by petition setting fotlh, to the bAt of his
I knowledge and belief, a list of his or their
creditors, their respective places of residence,
land the amount due to each, together with
lan accurate inventory ol his or their proper
ty, rights, ami credits, of every name, kind,
and descript oa,tnd the location and situation
<>f each and everv parcel and portion thereof,
verified by oath, or if conscientiously scrupu
lous of taking an oath, bv solemn affirmation,
apply to the proper court, as hereinafter men
tioned, lor (he benefit of this act, and therein
declare themselves to be unable to meet their
debts and engagement?, shall be deemed
bankrupts within the purview of this act, and
may be so declared accordingly by a dtcree
of such court. All persons being merchants,
or using the trade of meichandize, all retail
ers of Merchandize, and all bankers, factors,
brokers, underwriters, or marine insurers, ow
ing debts to the amount of not less than two
thousand dollars, shall be liable to become
bankrupts within tfie true intent and meaning
ol this act, and may, upon the petition of one
or more of their creditors, to whom they owe
debts amounting in the whole to not less than
five hundred dollais, lo the appropriate court,
lie so declared accordingly, in the loiiowing
cases, to wit : VVI lenever such person, being
a merchant, or actually using the trade of
merchandize, or being a retailer of merchan
dize, or being a banker, factor, broker, under
j writer, or murine insuter, shall depart from
j the Stale, District, or Territory, of which be
1 is an inhabitant, with intent lo defraud his
creditors; or shall conceal himself lo avoid
, being arrested, or shall willingly or I’ audu
i lent I v procure himself to be a nested, or I) is
j goods chattels, and lands, to he attached, dis
trained, siqucsteied, or taken in execution;
lor shall remove his goods, chattels, and effects,
: or conceal them to prevent their being levied
| upon, or taken in execution, or by oilier pio
; cess ; or make a fraudulent conveyance, as
signment, sa e, gilt, or oilier transfer of his
lands, tenements, goods, or chattels, credits, or
evidences of debt: Provided, however, That
any person so declared a bankrupt, at the in
stance of a creditor, may, at his election, by
petition o such court, within ten da\s alter its
decree, be entitled to a trial hv jury before
such court, to ascertain the faclol such bank
ruptcy, or if such person shall resident a great
distance from the place of holding such court,
ihe said judge, in his discretion, may direct
;si cli Inal by jury to be bad in the county of
such person’s resilience, in such manner, and
under such directions, as the said court may
prescribe and give; and a.I such decrees
passed by such court, and not so re-examined,
shall he deemed final and conclusive as lo the
subject matter thereof.
bee. 2 Ami be il further enacted, That all
Ifnfuie payment*, securities, conveyances, or
transfers of property, or agreements mideor
■liven by any bankrupt; in.contemplation of
bankruptcy, and lor tbe purposes of giving
any creditor, endorser, surely, or other person,
any preleienoe or priority over the general
creditors ol siic.li bankrupts: and all other
payments, securities, conveyances, or tiuns
lers of property* or agreements made or giv
en by such bankrupt in contemplation ol
baitki upicy, to any pi tson or persons whatev
er, mu being ;t bona fide creditor or purcha
ser, lor a valuable consideration, without no
lice, shall be deemed utterly void, and a fraud
upon tins 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 pay
ments shall receive no discharge under the
provisions of tins act: Provided, That all
dealings and transactions by and V/ilh any
bankrupt, bona fide made and entered into
more than two months before the petition filed
against him, or by him, shall not he invalida
ted or articled by this act: Provided, That
the other party to any such dealings or trans
actions l ad no notice of a prior act ol bank
ruptcy,’ or of the intention ol Lie bankrupt to
take the benefit of this act. And in case it
shall be made to appear to the court, in the
couisc of tlie proceedings in bankruptcy, that
the bankrupt, bis application being voluntary,
Infs, subsequent to tbe first day of January
last, or al any other time, in contemplation j
of the passage of a bankrupt law, by assign
inents or otherwise, given or secuied any
preference to one creditor over another, fie
■ shall not receive a discharge unless the same
!) j assented to by a majority in interest ol
! those of his creditors who have not been so
preferred: Ami provided, also, That nothing
in this act sh: 11 be so construed to annul, de
stroy, or impair any lawful rights ol inatr.ed
i women, or minors, or any liens, mortgages; or
other securities on property, real or personal,
vvlcclt may he valid by the States
ami winch aie not inconsistent with the pro
j visions of the second ani* fiiih sections of this
act.
Sec. 3. And be it further enacted, Thai dll
the property, and rights of property, of every j
name and nature, and whether real, personal, I
or mixed, ol every bankrupt except as ij
hereinafter provided, who shall, by a decree j
of the proper court, be declared to be a bank-;
rupt within this act, shall, by a mere opera
tion of law, ipso lacto, fioui the 1 me of such
decree, he deemed to be divested out of such
bankrupt, without any oilier act, assignment, 1
lor other conveyance whatsoever; and the;
same shall he vested, bv three of the same
decree, in such assignee as from time to lime!
shall he appointed by the proper court for this
j purpose; which power ol appointment and
removal such court may exercise at its dis- j
cretion, toties, quoties; and the assignee so j
appointed shall he vested with all the rights,
titles, powers, and authorities, to sell, manage,
and dispose of the same, and to sue for and
i dispose of the same, subject to ti e ordersand
directions of such court, as lullv, to ali intent*
and purposes, its if the same were vested in,
, or might be exercised by, such bankrupt be
-1 lore or at the time of his bankruptcy, declared
as aforesaid; and ail suits in law or inequity,
, then pending, in which such bankrupt is a
party, may be prosecuted and defended by
such assignee to its final conclusion in the
same way, and with the same ffleet, as they
might have been by such bankrupt; and no
suit commenced bv or against any assignee
shall he abated by his death or removal from
office, hut the same may be prosecuted or de
fended by his successor in the same office:
Provided, however, That there shall be ex
cepted from the operation of the provisions of
this section the necessary household and kitch
jen furniture, and such other articles and ne
cessaries of such bankrupt, as the said assig
nee shall designate and set apart, having ref
erence in the amount to the family, condition,
and circumstances of the bankrupt, hut alto
COLUMBUS, GEORGIA, THURSDAY MORNING, SEPTEMBER 16, 1841.
getber not to exceed in value, iu any case, the
-sum of three hundred dollars;, and also, the
wearing apparel of such bankrupt, and that
of his wife ants children ; and the determina
tion of the assignee in the matter shall, on
exception taken, be subject to the final deci
sion of said court.
Sec. 4. And be it further enacted, That
every bankrupt, who shall bona fiJesurrender
all his properly, and rights of property, with
tfie exception before mentioned, for thebm
efit of his creditors, and shall fully comply
with and obey all tbe orders and directions
which may from time to lime be passed bv
the proper court, and shall otherwise Conform
to all the other requisitions of this act, shall
(unless a majority in number and value of his
creditors, who have proved their debts, shall
file their written dissent thereto) be entitled to
a full discharge from ail his debts, to be de
creed and allowed by the court which has de
clared him a bankrupt, and a certificate there
of grained him by uuch court accordingly,
upon his petition filed for such purpose; such
discharge and certificate not, however, to be
granted until after ninety days from the de
cree of bankruptcy, nor until after seventy
days notice in some public newspaper, desig
nated by suclt court, to all creditors who have
proved their debts, and other persons in inter
est, to appear at a particular lime and place,
lo show cause why such disciiarge and cer
tificates snail not be granted ; at winch lime
and place any such creditors, or other peisons
in interest, may appear and contest the right
ut the bankrupt inereto: Provided, That in
all cases vviieie no residence ol the creditor is
known, a service on him personally, or by let
ter addressed to him at his known usual place
of residence, shall he prescribed by the court,
as in tlieir discretion shall seem proper, hav
ing regard to the distance at winch the cred
itor resides from such court. And if any such
baiiluupt shall be guilty of any fraud or
wilful concealment of ms properly or rights of
property, or shall have preferred any of his
c.editors contrary to the provisions of this act,
or shall wilfully omit or refuse to comply with
any orders or directions of such court, or to
conform lo any other requisites of tins act,
or shall rn the proceedings under this act, ad
mit a false or ficticious debt against his estate,
lie shall not be entitled to any such discharge
or cei t.ficale : nor shall any person being a
merchant, banker, factor, broker, underwriter,
or marine insurer, be emiiled to such discharge
or certificate, who shall become bankrupt, and
who shall not have kept proper books of ac
count, after the passing of ttiis act, shall ap
ply trust funds to Ins own use: Provided,
i'.iat no discharge of any bankrupt under
this act shall release or discharge any peison
who may be liable for the same debt as a
partner, joint contractor, endorser, surety, or
otherwise, lor or with the bankrupt. And
such bankrupt shall at all times be subject to
examination, orally, or upon written interroga
tories, in and before such court, or any com
mission appointed by the court thereof, on
oath, or, if con.cieiiliously scrupulous of tak
ing an oath, upon his solemn affirmation, in
all matters relating to suen bankruptcy, and
his acts and doings and his property and
rights of property, which, in the judgment of
such cou it, are necessary and proj er for t lie
purposes of justice ; and if, in any such exam
ination, he snail wiilnlly and corruptly answer,
or swear, or affirm, falsely, tie shall he deemed
guilly ol perj iry, and shall be punishable
ihertlor, in like manner as the crime of perju
ry is now punishable by the laws ot the Uiu
led Stales; ami such discharge amt certifi
cate, when duly granted, shall, in all courts ol
justice, t*e deemed a full and complete dis
charge of all debts, contracts, and other en
gagements o? such bankrupt, which are prove
ahte under this act, and snail be and may be
pleaded as a full and complete bar to ail suits
brought iu any court of judicature vvnaiever,
and me same shall be conclusive evidence of
itself in favor of such bankrupt, unless the
same shall be impeached for some fraud or
wilful concealment by him of his property, as
atbresaid, contrary to the provisions of this
act, or prior reasonable notice specifying in
writing such fraud or concealment; and il,
in any case of bankruptcy, a majori y, in
number and value of the creditors, who shall
have proved their debts at the lime of bearing
of the peril ion of tfie bankrupt tor a disciiarge
as hereinbefore provide \ shall at such bear
ing ti e their written dissent to the allowances
of a ihscbaige anil certificate to such bank
rupt, or if upon such hearing, a discharge shall
not i>e decreed to him, tfie bankrupt may de
mand a trial by jury upon a proper issue to
be directed by the court, al such time and
place, and in such manner, as the court may
order; or he may appeal irom that decision,
at any lime within ten days thereafter, to the
circuit court next to be held for samedisti c,
by simply entering in the distiict court, ■>:
with the elerk thereof upon record, his prayer
fur ati appeal. Tite apodal shall be tried .u
the first term of the circuit court after it be
taken, unless, for sufficient reason, a cntnui
aunte be granted ; and it may be heard and
determined by said court summarily, or l*v a
’ jury, at the option of the 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 lull hearing of the parlies, it shall ap
pear to the sati'faeiion of the court, or the
jury shall find that the bankrupt has made a
j lull disclosure and surrender of all his estate,
as by this act required, a.a! has in ail things
! conformed to the directions thereof ihe couit
shall mike a decree <>f discharge and grant a
! certificate, as provided in this act.
Sec. 5. And be it further enacted, That
all creditors coming in and proving their debts
under such bankruptcy, in the manner here
inafter prescribed, the same being bona fide
debts, shall be entitled to share in the bank
rupt’s property and effects, pro rata, without
any priority or preference whatsoever, except
oniy for debts due by such bankrupt to the
United States, and for ail debts due by lum to
persons who, by the laws of the U. States,
have a preference, in consequence of having
paid'moneys as his sureties which shall he
first paid out of the assets ; and any person
who shall have performed any labor as an op
erative in the service of any bankrupt shall
be entitled to receive the full amount of the
wages due to hint for such labor, not exceed
ing twenty-five dollars: Prociu.u, That such
labor shall have been, performed within six
months next before the bankruptcy of his em
ployer; and all creditors whose debts are not
due and payable until a future day, ail annu
itants, holders of policies of insurances, secu
rities, endorsers, bail or other persons, having
uncertain or contingent demands against
such bankrupt, shall he permitted to come in
and prove such debts or claims under this
act, and shall have a right when-such debts or
claims become absolute to have the same al
lowed them : and such annuitants and holders
of debts payable in future may have the pres
ent value thereof ascertained, under the di
rection of such court, and allowed them ac
cordingly, as debts in present; and no cred
! itor or other person, coining in and proving
his debt or claim, shall be allowed to maintain
any suit at law or in equity therefor, but shall
be deemed thereby to have waived all right of
action and suit against such bankrupt; and
all proceedings already commenced, and all
unsatisfied judgments, already obtained thcre-
“THE UNION OF THE STATES, AND THE SOVEREIGNTY OF THE STATES.”
by; and in all cases there are mutual
debts or mutual credits “between the parties)
the balance only shall be deemed the true
debt or claim between them, and the residue
shall be deemed adjusted by the set off; all
suclt proof of debts shall be made before the
coart decreeing tie bankruptcy, or before
some commissioner appointed by the court
for that purpose ; but such court shall have
power to set aside and disallow any debt upon
proof that such debt is founded in fraud, im
position, illegally, or mistake : and corpora
tions to whom any debts are due, may make
proof thereof b} tlieir president, cashier, treas
urer, or other j facer, wlio may be specially
appointed tor that purpose, and in appointing
commissioners to receive proof of debts, per”
form other duties, under the provisions of this
act, the said court shall appoint such persons
as have tlieir residence in the country in
which the bankrupt lives.
Sec. 6. And be it further enacted, Tiiat
the district court in ev (ry district shall have
jurisdiction in all mat ;rs and procedings in
bankruptcy arising un(er this act, and any
other act which may hereafter be passed on
the subject of bankruptcy; the said jurisdic
tion to be exercised supfmarily, in the nature
of summary procedings in equity; and for
this purpose the said district court shall be
deemed always open. And thu District judge
may adjourn any point or question arising in
any case in bankruptcy into the circuit court
for the district, in Ins discretion, to Be there
heard and determined, and fur this purpose
the circuit court of sucli district shall be
deemed always open. Ant! tue jurisdiction
hereby conferred on the (Jistrict court shall
extend to all cases and controversies in bank
ruptcy ; arising between the bankrupt and
any creditor or creditors who shall claim any
debt or demand under the bankruptcy : to alt
cases and controversies,betweei] such creditor
or creditors anJ the assignee of the estate,
whether in office or removed ; to ali cases and
controversies between assignee arid bankrupt,
and to ali acts, matters, and things to bo done
under and in virtue ol the bankruptcy, until
the final distribution and settlement of the es
tate ot the bankrupt, and the close of the pro
ceedings in bankruptcy. And the said courts
shall have full authority and jurisdiction to
compel obedience to all orders and decrees
passed by them in process of contempt and
other remedial process, to the same extent the
circuit courts miy now do in any suit pending
therein in equity. And it shall be the duty
of the district court in each district, from time
to time, to proscribe suitub.e rules and regu
lations, and forms of proceedings, in atl mat
ters of ban ruptcy; which rules, regulations,
and forms, shall be subject to be altered, ad
ded to, revised, or annulled, by the circuit
court oi the same district, and other rules and
regulations, and forms substituted therefor;
anu in all such rules, regulations, and forms,
it shall be the duty ol the said courts to make
them as simple and brief as piacticable to the
end to avoid all unnecessary expenses, and to
facilitate the use thereof by the public -at
large. And the said courts shall, from time
to time, prescribe a tariff or table of fees and
charges to be taxed by the officers of the
court or other persona, for services under this
ac% or any otuer on the subject of binkrupt
cy ; which tees shall be as low as practicable;
with reference to the nature and character of
such services.
isec. /. And bo it further enacted, That
all petitions by any bankrupt for the benefit
of this act, and all petitions by a creditor a
gainst any bankrupt under this fvet, and all
proceedings in the case to the close thereof,
shall be had in the district court within and
lor the district in which the person supposed
to be a bankrupt shall reside, or have his place
ol business at the time when such petition is
filed, except where otherw.se provided in this
act. And upon every such petition, notice
thereof shall be published iu one or more
public newspapers printed in such district,
to be designated by such court at least twenty
days before the hearing thereof; and ail per
sous interes'ed may appear at the time and
place where tiie hearing is thus to be had, and
show cause, if any they have, why the prayer
ot the said petitioner should not be granted ;
all evidence by witnesses to be used in alt
hearings before such court shall be under oath
or solemn affirmation, when the party is con
scientiously scrupulous of taking an oath, and
nmy be oral or by deposition taken before such
court, or before any commissioner appointed
by such court', or Before any d.sinterested
State judge of the State in which the deposi
tion is taken ; and all proof oi debts or other
claims, by creditors entitled tc prove the .ante
by this act, shall be under oath or solemn af
firmation aforesaid, before such court or com
missioner appointed thereby, or before seme
disinterested State judge of the State where
the creditors live, in such form as may be
prescribed by the rules and regulations here
inbefore authorized to be made and established
by the courts having jurisdiction in bankrupt
cy. But ail such proofs of debts and oilier
claims shall be open to contestation in the
proper court having jurisdiction over the pro
ceedings in the particular case in bankruptcy ;
and as well the assignee as the creditor shall
have a right to a trial by jury, upon ail issue
to be directed by such coui t. to ascertain the
•validitjr and amount of sucli debts or other
claims ; and the result therein, unless anew
trial shall be granted, if in favor of the
claims, shall i- evidence of the validity and
amount of such debts or other claims. And
il any person or persons shall f-ilsely and cor
ruptly answer, swear, or affirm, in any hear
ing or oti trial of any matter, or in an/ pro
ceeding in such court in bankruptcy, or before
any commit sinner* be or they shall be deemed
guilty of perjury, and punishable therefor in
the manner and to the extent provided by law
for other cases.
Sec. 8. And be it further enacted, That
the circuit court within and for trie district
where the decree of bankruptcy is passed,
shall have concurrent jurisdiction with the
district court of the same dis; rict of all suits
at law and in equity which may and shall be
brought by any assignee of the bankrupt
against any person or persons claiming an
i adverse interest, or by such person against
| such assignee, touching any property or rights
of property of said bankrupt transferrable to,
or vested in, such assignee; and no suit at
law or in equity shall, in any case, be main
tainable by or against such assignee, or by or
against any person claiming an adverse inter
est touching tiie property and rights of pro
perty aforesaid, in any court whatsoever, un
less the same shall be brought within two
years after the declaration and decree of
bankruptcy, or after the cause of suit shali
first have accrued.
Sec. 9. And be it further enacted, That all
sales, transfers, and other conveyances, of the
assignee of the bankrupt’s property and rights
of property, shall he made at such times and
in such maimer as shall be ordered and ap
pointed by tiie court in bankruptcy; and all
assets received by the assignee in money
shall, within sixty days afterwards, be paid
into the court, subject to the order respecting
its future safe-keeping and disposition; and
the court may require of such assignee a bond,
with at least two sureties, in such sum as it
may deem proper, conditioned for the due and
faithful discharge of all his duties, and his
compliance with the orders and directions of
the court; which bond shall be taken in the
’ name of the United States, and shall, if there
be any breach thereof, be sued and sueable,
under the order of such court, for the benefit
ot tiie creditors and other persons in interest.
Sec. 10. And be it further enacted, That
in order to ensure a speedy settlement and
ciose of the proceedings in each case in bank
ruptcy, it shall be the duty of the court to order
and direct a collection of the assets, and a
reduction of the same to money, and a distri
bution thereof at as early periods as practica
ble, consistently with a due regard to the in
terests of the creditors : and a dividend and
distribution of such assets as shall be collected
and reduced to money, or so much thereof as
can be safely so disposed of, consistently with
the rights and interests of third persons having
adverse claims thereto, shall be made among
the creditors who have proved their debts as
often as once in six months from the time of
the decree declaring the bankruptcy; notice
of such dividends and distribution to be given
in some newspaper or newspapers in the Dis
trict, designated by the court, ten days at
least before the order therefor is passed ; and
the pendency of any suit at law or in equity,
by or against such third persons, shall not
postpone such division and distribution, except
so lar as the assets may be necessary to satis
fy the same ; and all the proceedings in bank
ruptcy in each case sliaii, if practicable, be
finally adjusted, settled, and brought to a close
by the court, within two years after the decree
declaring the bankruptcy. And where any
creditor shall not. have pr wed ins debt until a
dividend or distribution shall have been made
and declared, he sliaii be entitled to be paid
the same amount, pro rata, out of the remain
ing dividends or distributions thereafter made,
as the other creditors have already received,
before the latter shall be entitled to any por
tion thereof.
Sec. 11. And be it further enacted, That
the assignee shall have full authority, by and
Under the order and direction of the proper
court in bankruptcy, to redeem and discharge
any mortgage or oilier pledge, or deposite, or
lieu upon any property, real ,or personal,
whether payable in present or at a future day,
and to tender a due performance of the con
ditions thereof. And such assignee shall also
have authority, by and under the order and
direction of the proper court in bankruptcy, to
compound any debts, or other claims, or secu
rities due or belonging to the estate of the
bankrupt; but no such order or direction shall
be made until notice of the application is given
in some public newspaper in the district, to
be designated by the court, ten days at least
before the hearing, so that ail creditors and
other persons m interest may appear and
allow cause, if any they have, at the hearing,
way the order or direction may not be passed.
Sec. 12. And be it further enacted, That
if any person,'who shall have been discharged
under tins act, shall afterward become bank
rupt, he shall not again •be entitled to a dis
charge under this act, unless his estate shall
produce (after all charges) sufficient to pay
every creditor seventy-five per cent, on the
amount, of the debt which shall have been
allowed to each creditor.
Sec. 13. And be it further enacted, That
the proceedings in all cases in Bankruptcy
shall be deemed matters of record ; but the
same shall not be required to be recorded at
large, but shall be carefully tiled, kept, and
num Dared, 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 court ; and .he clerk of the court, for
affixing his name and the seal of the court to
any form, or certifying a copy thereof, when
required thereto, shah be entitled to receive,
as compensation, the sum of twenty-five cents,
and no more. And no officer of the court, or
commissioner, shall be allowed by the court
more than one doiiai for taking the proof of
any dent or other claim of any creditor or
other person against the estate of the bank
rupt ; but he may he allowed, in addition, his
actual traveling expenses for that purpose.
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 m the manner provided in tins 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 the
separate estate of each of the partners, shall
be taken, excepting such parts thereof as are
herein excepted ; ana all the creditors of the
company, and the separate creditors of each
partner, shall be allowed to prove their re
spective debts; and the assignees shall also
keep separate accounts of the joint stock as
property of the company, and of the separate
estate of each member thereof; and after de
ducting out of the whole amount received by
such assignees, the whole of the expenses and
disbursements paid by them, the nett proceeds
of the joint stock shall be appropriated to pay
the creditors of the company, and the nett
proceeds of the separate estate of each partner
shall be appropriated to pay his separate cred
itors ; and if there shall be any balance of the
separate estate of any partner, after the pay
ment of his separate debts, such balance shall
be added to the joint stock, for the payment
of the joint creditors, and if there shaii be any
balance of the joint stock, after payment of the
joint debts, such balance shall be divided and
appropriated to and among the separate es
tates of the several partners, according to their
respective rights and interests therein, and as ;
it would have been if the partnership had been
dissolved without any bankruptcy ; and the
sum so appropriated to the separate estate of
each partner shall be applied to the payment
of his separate debts; and the certificate of
discharge shall be granted or refused to each
partner, as the same would or ought to be if
the proceedings had been against him aione
under this act; and in all other respects, the
proceedings against partners shall be conduct
ed in the like manner as if they had been
commenced and prosecuted against one per-!
son alone.
Soc. 15. And be it further enacted, That a
copy of any decree of bankruptcy, and tiie
appointment of assignees, as directed by tiie
third section of tins act, siiall be recited ,in
every deed of lands belonging to the bank
rupt, sold and conveyed by any assignees
under and by virtue of this act; and that such
recital, together with a certified copy of such
order shall be full and complete evidence both
of the bankruptcy and assignment there n re
cited, and supersede the necessity of any oilier
proof of such bankruptcy and assignment to
validate the said deed ; and all deeds contain
ing such recital, and supported by such proof
sliaii l-e as effectual to pass .the title of the
bankrupt, of, in, and to the lands therein men
tioned and described to the purchaser, as fully,
to all intents and purposes, as if made by such
bankrupt himself, immediately before such
order.
Sec. 16. And be it further enacted, That
all jurisdiction, power, and authority, confer
red upon and vested in the District Court of
the United States by this act, in cases in bank
ruptcy, are hereby conferred upon and vested
in the circuit court of the United States for
the District of Columbia, and in and upon the
supreme or superior courts of any of the Ter
ritories of the United States, in cases in bank
ruptcy, where the bankrupt resides in the said
District of Columbia, or in either of the said
Territories.
Sec. 17. And be it further enacted, That
[NUMBER 32.
this act shall take effect from and after the
first day of February next.
JOHN WHITE,
Speaker of the I louse of Representatives.
SAM’L L. SOUTHARD,
President o the Senate pro tempore.
Approved, August 19, 1841.
JOHN TYLER.
From the Globe.
THE TJ&. BILL.
We extract from the Analysis of Saturday’s
Globe the following sketcii of Mr. Calhoun’s
speech in reply to Mr. Clay’s expose of the
anticipated condition of the Treasury at the
end ot one year of Federal misrule. The
Government of the United States is fast speed- i
ing to the condition of Biddle’s Bank. The
motion before the Senate was to exempt tea
and coffee from.2o per cent tax.
Mr. Calhoun remarked that he would as
sume no responsibility. If the Senator chose
to force through a measure of tins importance,
and fraught with consequences of such mag
nitude, without leaving it in the power of those
who disapproved of it, to provide themselves
with full information as to the various tables
and calculations on which he based his exposi
tion, he (Mr. Clay) should himself assume the
responsibility. No time was given lor exami
ning his details, and ascertaining whether
they were correct, or whether there were any
omissions in his statement, which would not
lead to different results from those which the
Senator imagined. It was important to ascer
tain whether nothing had been omitted, as
well as whether more was assumed than a
close examination of details would warrant.
But he would appeal to the Senate to say
whether it was proper to proceed in this pre
cipitate manner under the disadvantage he
had mentioned, and the want of information
as to the statement just made by the Chair
man of the Finance Committee, consisting of
so many details in figures that it would be
scarcely possible to keep them in view, with
out adequate time for reflection. He would,
however, assume no responsibility in calling
for a postponement; and, without saying any
more on that subject, lie would say that the
whole of the very elaborate speech made by
the Senator from Kentucky, was the most
overwhelming argument that could be offered
against the Distribution bill,’ which had been
forced through Congress within a few days.
The exposition just made on the present bill
threw anew light on the system, by which
the measures of this session were to be con
summated. He (Mr. Calhoun) had repeated
ly, throughout the session, asked why this
revenue bill was not.the first of.those, meas
ures placed under the considerarion of Con-,
gress. The bill could never be introduced
tiil now, when it is too late to affect the other
measures of the system. Why was not this
bill brought out before the Distribution bill,
and tlia several appropriation bills of this ses
sion ? Why was it so carefully delayed until
those bills were placed beyond the danger
of rejection ? Was it not because not one of
them could have been passed in the face of
the exposition which the Senator from Ken
tucky now thinks proper to make to insure
the passage of this bill ! lie (Mr. Calhoun)
would usk the Senator how lie was to justify
himselt for h.s course in regard to this meas
ure ! How was he lo justify himself for with
holding till this time the exposition which
only could enable the co-ordinate branches of
the Government to act understand (ugly on the
oilier measures which lie called upon them to |
concur in 1 Why did he withhold this in
formation till the announcement, in the official
organ of the Administration; that*the Execu
tive had signed the Distribution biil ! Was
it not very well known that the President
would not give that bill the sanction of his
name if he thought it would be the means of
violating the Compromise act! And here is
the exposition of the Chairman of the Finance
Committee, now that it is known this fatal act
is placed beyond reach, proving, in the most
conclusive manner, that the result is inevita
ble—that the Compromise act must be viola
ted in consequence of the Distribution bill.—
Now, when the precursors of this Tariff bill
have cut off all retreat, when no possibility of
retrieving one fatal step is left, the mover of
the whole system comes out and tells the
world that this Government is to have a defi
cit of sixteen millions in its Treasury at the
end of the year! And this bill has been kept
back, and this exposition lias been delayed,
till the signature of the President has been
obtained to the Distribution bill, with a full
knowledge that, had they preceded that bill,
his signature never would have been given
lo it. Now it is fully seen why it was neces
sary to resort to gag-laws to force through
these measures in a co-ordinate branch of j
Congress, without discues.on, without exatrii-!
nation, without deliberation,’ and in such hot
haste, lienee the rush of appropriation bills
through that House. Now it comes out that
the new expenditures authorized by this extra :
session alone, are upwards of six millions. I
If the Secretary of the Treasury saw all this, j
how can that functionary find any justification j
in pushing on his expenditures beyond his
resources, and i:i recommending appropria-
lions to produce this state of things? Has
every thing been going on by chance, or de
sign ? Or are the gentlemen willing to ad
mit that they know not what they are doing;
and have set the whole machine of Govern
ment out of order? Is it their pleasure or
their purpose to keep the affairs of Govern
ment in such confusion that no consequence
can be seen by those whom they call upon
to act, tiil their measures are consummated,
and it is too late to pause ? Has not this
been the effect of that shameful course of le
gislation by which tiiese measures have been
made dependent upon each other, and by
means of which, as a whole, they are forced
upon the country, whereas, on their individual
merits, they could not stand the test! For this
end the passage of the one has been made a
bargain for the passage of the other; and that
is left last which ought to have been first,
because, had it been first, the others never
could have passed. If nothing but an honest
and fair course of legislation had been con
templated, what would have been the order
of proceedings at. this session ? Should it nut
have bee,, a full and candid exposition of the
financial policy of the Administration just
come into power, and a developement of the
contemplated resources and expeudituies of
the Government for the four years to come?
Would not this be the frank and honorable
course of men whose patriotism would not
stoop to indirect means of accomplishing any
end f Such men would have instituted an
investigation into the immediate condition of
the ‘Treasury—its liabilities, expectations,
resources, and accuracy of system. They
wouid have'calculated *he measures of policy
which the country expected from them, and
the consequent expenditure of their Govern
ment for tneir term of service. In full view
of all this, they would have made their cal
culation of retrenchment and reform, and,
having ascertained what could be done in that
way, they would then make their estimates
to meet their expenditures. With clear de
tails of all this, they would have hastened to
lay such information before Congress as wouid
enable every branch of tiie Government to act
underetandingly upon all the propositions
brought forward as the policy of the Admims
tration. The Senator from New Hampshire
[Mr. Woodbury,] whose knowledge on sub
ject of finance is the result of experience in
the office which he filled with so much ad
vantage to the country, and credit to himself,
has shown that by proper and by no means
inconvenient retrenchment and economy,
there can be a lopping off’ from the expendi
tures of several millions. But the Senator
from Kentucky seems inclined to throw that
duty upon the minority, no doubt aware that
he could not impose a more unpalatable duty
upon his own friends. But he (Mr. Calhoun)
would suggest to the Senator a simple nroeess
of arriving at what he seems so desirous of
finding oui—that is, the lowest expend.; me
.’with -vhi I'the Govern .yut mi be carried
on. His recommendation is this : to revert
to the time of Mr. Monroe’s administration*
when the Senator frequently acted m co-oper
ation with the radical party, who exclaimed
against the expenditures ot that day; but now,
reverting to those expenditures, a.id taking
them item by item, let the Senator comp: re
them with the same classes of expenditure
now, and having ascertained cn which the
greatest increase had occurred, let him in
vestigate the cause of such increase, amine
cessilycf continuing it, and having done all
this, he may probably’ be able to designate
which can most properly be retrenched, so as
to bring down the expenditures of the present
Administration to as near that of Mr. Monroe s
administration as change of circumstances
will admit. He [Mr. Calhoun] had no doubt
the Senator would find that he could cut off
millions on millions of expenditure in lh:s
way. And would not that be better than re
sorting to measures such as those of tie? pres
ent session, calculated to spread dismay
throughout the country —not only in reia
to the measures themselves, butto the appal
ling manner in which thcy liave been carried
through Congress? The* Senator can ive
no objection to going back to Mr. Mcnrce's
administration, and taking up the expend.: .re
of Ins Government as one sufficiently large
for that day. The party with which the Sen
ator then acted, considered that expenditure
susceptible of considerable retrenchment. If
his [ nr. Calhoun’s] memory served him, ha
believed it was about ten millions of dollars.
By coinparing the items pf that expenditure
with those of the expenditure of the present
administration, the points of increase would
be seen. It would be ascertained how much
tl.e army has increased; how much has been,
the increase of the navy; how much the in
creased expenses of the Judiciary, and of the
civil lists ; and so on through all the heads, eff
Departments belonging to the Administration.
By tins process, the points of retrenchment
would be seen at once. Take up the pension
list, and scrutinize it, and you will find plenty
ot room tor economy. Go into the department,
of Indian Affairs, where there has been more
extravagance, more lavish wastefulness, and
more trickery than in any other & you willsoe
what retrenchment can effect. Had this scru
tiny taken place at the beginning of this ses
sion, aided by your committees, you would
have been able to set out by a lopping oft’ o*’
probably three millions. This would have
Been something to begin with ; and you could
then, with a good grace, propose such new
measures of policy as you could justify to tho
country. With a fair exposition of your sys
tem of economy and retrenchment, of your
contemplated resources and ordinary expen
ditures, you could then show the basis upon
which you depended (or the cost of your new
measures. The bill npw under consideration
would then have come within the scope of
your preliminary action. But to keep back
such a measure as this till the last days of ah
expiring session; till those who have to act
upon it are worn out with toil, and have be
come restless and impatient to dose their la
bors; tiil there is no possibility of bestowing
that patient investigation and deliberation
upon it which its vast importance and the
magnitude of its consequences demand, is the
strongest evidence that can be adduced of its
I own self-condemnation, and of the iniquitous
J designs it is intended to consummate.
I Anxious as he [Mr. Calhoun] was to lay
| bare all the iniquitous tendences of this mea
j sure, and to scrutinize its details, for that pur
’ pose, he could not consent to take the respon-
J sibility of asking for one diy’s delay ; let th 6
gentlemen have all responsibility of the bill,
lin all its stages, themselves. They have
called us here to deliberate on their measures,
but have rendered all deliberation nugatcr, ,
they have created a vacurn in the public Trea
sury, by giving away one of its regular sour
ces of income, and making imprudent appro
priate s ; and now they come forward to cre
ate a necessity for violating a solemn anu
sacred national compact, in order to fill up
j that vacuum. They have left no resource
| but commerce for every burden of Govern
ment ; they have even saddled it with the
Post Office D purtment. But -the Chairman
of the Finance Committee, in his speech of
this day, has shown the basis on which his
pariy elands. It is consistent with the inter
| ests of those whom that party represents. It
| is the proper basis for the support of bankers,
foreign stockjobbers, speculators, and Wail
| -street gamblers, who constiiute the great
j money power. This revenue bill is the pro
| per aliment of that consolidating money power*
[Here a niessage from the House of lio-
I presentatives was received, stating th.-t :in
1 President had returned the Distribm }><n biH
| with his signature, and that it had become a
law ; also, one of the appro-print on bi'k.]
There, sir; that is the act that gi . way
that portion of the resources of the Treasury
which should have been retained to k-_ ; with
economy, to meet the crisis which the c fir
man of the Finance Committee, in his fac
tion. states the Government is in. It is ac
companied by another act, giving away two
millions more in appropriations.
The Senator from Ken’ uciiy maintaii .hat
it is impossible to avoid t&xu g tne articles of
general consumption, so as to i . o;t! a ;v por
tion falung on the poor. That is very n e;
but the proportion falling on the laborer oug!
to be accompanied with that foiling on the
wealthy, in the ratio of their me am. B> lie
system here resorted to, the amount oftec -
sumption regulates the tax, and ilie laborer’s
family pays more; in proportion to h.s means,
a hundred fold, than that of liis rich neighbor;
because there is not a proper discrimination
of the articles of taxation.
We have heard nothing from the Senator
about economy and retrenchment, Lut a few
exp r essions recommending the minor y to
take the matter up. There was no occ;
for that advice: the minority would never
cease its vigilance. What disposition dm liie
Senator’s parly shown to economize an I re
retrench? How has the time of this session
of Congress been.consumed ? In bank mea
sures, in distribution of revenue, in making
extravagant appropriations, and in i l . > • g
wasteful and enormous expenditures, in oruer
to create a necessity for enormtus taxai cn.
That is the sort of economy and retrenchment
which the Senator’s friends approve and
practice. But this line of policy will prove
more fatal to that party, and the measure.; of
this session will prove more disastrous to
them, than they now dream of. The condem
ns ioa of the country will not he the only
effect. The gentlemen of New England,
who have lent their aid to them, will find the
fatal effects in their blighted commerce ; the
gentlemen of the South will experience it in
the v.olation of the hitherto considered invio
lable compromise act t both have acted a sui
cidal pert, and they will speedily feel that
they have.
Mr. Clay rejoined, and was again replieJ to
by Mr. Calhoun.
The question was then taken on fhc motion
to take tea and'eofiee from among the articles
paying a duty of 20 per cent, and placing
them among those admitted duty free, and it
was carried—Ayes 39, noes 10, as follows :
Yeas—Messrs. Allen, Bates, Buchanan,
Benton,, Calhoun, Choate, Clay, of Alabama,
Clayton, Cuthbert, Dixon, Evans, Fulton,