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448

TWENTY-SEVENTH CONGRESS. Sisss. I. Cii.9. 1841.

Proceedings tobe matters ofrecord—how tobe kept.

Fees to clerkof court.

Allowance tocourt officers.

On partners intrade becominginsolvent.

Joint and se-parate debts.

Creditors, &c.may provedebts.

A ssignees tokeep separateaccounts.

Nett proceedsof joint stock tobe paid to cre-ditors of thecompany.

And of sepa-rate estates, toseparate credit-ors. Balance,of separate es-tate, to be addedto joint stock.

And of jointstock, to be di-vided amongseparate estates.

Certificate ofdischarge toeach partner.

Decree ofbankruptcy,&c. to be reci-ted in deeds oflands.

Such deeds toeffectually passthe title of thebankrupt.

Jurisdictionconferred uponthe circuit court

Sec. 13. And be it further enacted, That the proceedings in all casesin bankruptcy shall be deemed matters of record; but the same shallnot be required to be recorded at large, but shall be carefully filed,kept, and numbered, in the office of the court, and a docket only, orshort memorandum thereof, with the numbers, kept in a book by theclerk of the court; and the clerk of the court, for affixing his name andthe seal of the court to any form, or certifying a copy thereof, whenrequired thereto, shall be entitled to receive, as compensation, the sumof twenty-five cents and no more. And no officer of the court, or com-missioner, shall be allowed by the court more than one dollar for takingthe proof of any debt or other claim of any creditor or other personagainst the estate of the bankrupt; but he may be allowed, in addition,his actual travel 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 inthe manner provided in this 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, andalso all the separate estate of each of the partners, shall be taken, ex-cepting such parts thereof as are herein exempted; and all the creditorsof the company, and the separate creditors of each partner, shall beallowed to prove their respective debts; and the assignees shall alsokeep separate accounts of the joint stock or property of the company,and of the separate estate of each member thereof; and after deductingout of the whole amount received by such assignees the whole of theexpenses and disbursements paid by them, the nett proceeds of the jointstock shall be appropriated to pay the creditors of the company, and thenett proceeds of the separate estate of each partner shall be appropriatedto pay his separate creditors; and if there shall be any balance of theseparate estate of any partner, after the payment of his separate debts, suchbalance shall be added to the joint stock, for the payment of the jointcreditors; and if there shall be any balance of the joint stock, after pay-ment of the joint debts, such balance shall be divided and appropriatedto and among the separate estates of the several partners, according totheir respective rights and interests therein, and as it would have beenif the partnership had been dissolved without any bankruptcy; and thesum so appropriated to the separate estate of each partner shall be ap-plied to the payment of his separate debts; and the certificate of dis-charge shall be granted or refused to each partner, as the same wouldor ought to be if the proceedings had been against him alone under thisact; and in all other respects the proceedings against partners shall beconducted in the like manner as if they had been commenced and pro-secuted against one person alone.

Sec. 15. And be it further enacted, That a copy o ! ' any decree ofbankruptcy, and the appointment of assignees, as directed by the thirdsection of this act, shall be recited in every deed of lands belonging tothe bankrupt, sold and conveyed by any assignees under and by virtueof this act; and that such recital, together with a certified copy of suchorder, shall be full and complete evidence both of the bankruptcy andassignment therein recited, and supersede the necessity of any otherproof of such bankruptcy and assignment to validate the said deed;and all deeds containing such recital, and supported by such proof, shallbe as effectual to pass the title of the bankrupt, of, in, and to the landstherein mentioned and described to the purchaser, as fully, to all in-tents and purposes, as if made by such bankrupt himself, immediatelybefore such order.

Sec. 16. And be it further enacted, That all jurisdiction, power, andauthority, conferred upon and vested in the district court of the UnitedStates by this act, in cases in bankruptcy, are hereby conferred upon