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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,