The Albany register. (Albany, Or.) 1868-18??, November 20, 1874, Image 4

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    A
miiLTSHED kvi:i:V i;:uav, ny
COLL. VIXCIKVE,
IN REGISTER BUILDINGS,
Corner F--rrii and First Streets.
TKKMS-IN' ADVANCE.
One copy, trne year. ti 50
cov, lx months... 1 .)'
To cliilis of twiuUy, each copy J-i 00
S'.n-jJo co;i-- 1 " cents.
FUIP.VV. NOV EM BER 20, 1874.
r. 8. LAWS Conthraca.
AX ACL' to protect lines of telegraph
constructed or used by the United
States from malicious injury and
obstruction.
Pp. it enacted 7.; th", Senate aud Hotse
oJ ii4yrv-mtvlir-s of tin Untterl States
of America in Congress asttembitd,
That any person or persons who
shall wilfully or maliciously injure or
destroy any of the works or property
or material of any telegraphic line
constructed and owned, or in process
ot construction, by the United Suites,
or that may be hereafter constructed
and owned or occupied and Controlled
by the the United States, or who shall
wilfully or maliciously interfere in
any way with the working or use of
any sncli4elegraphie line.' or who shall
wilfully or maliciously obstruct, hin
der, or delay the transmission of any
communication over anv such tele
grapWte line. hall be deemed guilty
of a misdemeanor, and. on conviction
thereof in any district court of the
United States having jurisdiction of
rne same, snail be punished by a Hue
of not less than one hundred nor more
than one thousand dollars, or with
imprisonment for a term not exceed
ing three years, or with both, in the
discretion ot the court.
Approved, Juno 23, 1S74.
AN ACT to provide for the care and
custody of persons convicted in the
courts of the Unitek States who have
k or may become insane while inipris-
1 oned.
I&Vtcnicf- it hit th- ft note an-t TIr.it:.- nf
K prest motives of the ";,; I Sietet of .'.m -iru
in Congress asscmtiH
That upon the application ofthe Attorney-General,
the Seen tary of the
Interior be, and he is hi r by, author-1
izejj and directed to transfer to the fn-
"Sane. Asylum in District of Columbia
all persons who have been or shall
be convicted of any offense in any
court of the United States, and im
prisoned in any stat.' p:i-a or peni
tentiary of any State or Territary, and
who, during the term of their impris
onment, have or sh:;!! become and be
i nane.
See. 2. Shit in all cases where any
person convicted in a court of the
United States .-.'nil!, while imprisoned
under such conviction in air. State
prison or penitentiary, become atHl"be
insane4 and there shall not Ihj accom
modation for such insane person at (he
Iusarle Asylum ofthe District of Col
umbia, or if lor other reasons tha Attorney-
ieneral is ot opinion thatsach
Insane person should Ie "placed at a
State insane asylum rather than at
said District Asylum, then the Attor-ncy-Oeneral
shall have power in his
discretion to contract with anv State
insane or lunatic asylum within the
State in which such convict i : impris
c.ed, for his core and custody while
'einaining so insane: and -in all cases
where such convicts shall have hereto
tore been, or shall hereafter be, trans
ferred to a State asylum for insane
convicts, in accordance with the laws
of such State, the Attorney-General is
hereby authorized and directed to com
pensate the said asylum, or !!: proper
authorities controlling the same, for
the care and custody of such insane
convicts, until their removal or dis
charge, in such amounts as he shall
deem just and reasonable; bnt no con
tract Snail be made or compensation
paid for the care ot snch insane person
beyond their respective terms of im
prisonment. Sec. 3. That whenever such insane
convict shall he restored to sanity,
alter he or she shall hare been trans
ferred under the provisions of this act,
he or she shall be returned to the pris
on or penitentiary from which the
transfer was made, provided the term
ot imprisonment shall not have ex
pired. The questions of sanity in all
cases arising under this act shall le
determined in accordance with the
rules and regulations of existing laws,
State or national, on that subject, ap
plicable to the prison, or penitentiary,
or asylum where such convict shall be
confined.
Approved, June 23, 1874.
.JOIXT RKSOLUTIOX providing for
the termination of the treaty be
tween the United States and His
Majesty the King of the Belgians,
concluded at Washington July sev
enteenth, eighteerfhuudred and fifty
eight. Whereas it is provided by the seven
teenth article of the treaty between
the United States of America, on the
one part, and His Majesty the King of
the Belgians, on the other part con
cluded .at Washington on the seven
teenth day of July anno Domini eigh
teen hundred and fifty-eight that 'the
present treaty shall be in force during
ten years from the date ofthe exchange
ofthe ratifications, and until the ex
piisuion ot twelve months alter either
ofthe high contracting parties shall
have announced to the other its inten
tion to terminate the operation there
of, ench party reserving to itself the
right of making such declaration to the
other at tne end of the ten years above
mentioned, and it is agreed that, after
the expiration of the twelve months
prolongation accorded on both sides,
this treaty and all its stipulations shall
cease to be in force;" and
Whereas, it is no longer for the in
terest of the United States to continue
the said treaty, in force: Therefore,
Ilfttvrtl by flu- S-n it. and House of J; pr- -tnttaUcci
of Vie TTnilcd State of America in
Ounprex tut. mitt' it,
-i Tliat notice be given ofthe termina
tion of said treaty according to the
provisions of the said seventeenth arti
' cle thereof for such termination, and
the President of the United States is
hereby authorized to communicate
snch notice to the Government of the
Kingdom of Belgium.
'm Approved, June 17, 1874.
v
;AK ACT to provide for the improve
ment of the Oostenaula River, in the
State of Georgia.
Hi it enacted by the Senate ang House
of Represent i it iron r,f the United .State-:
of Ame.-iut in t'onrfress assembled,
That the sum of ten thousand dol
lars be, and the same is hereby, ap
propriated, out of the money in the
treasury of the United States, for the
improvement of the Oostenaula River,
in the State of Georgia.
Approved, June 23, 1S74.
JOINT RKSOLUTION providing for
a change in the name and title of
tne agent anu consul-general ofthe
United States at Alexandria.
Jteot ved by the Senate and House of If"p
renentattve of the United State of America
in Congres assembled,
That the name and title of the agent
and consul-general of the Umted
States at Alexandria shall, from the
passage of this joint resolution, be
'agent and consul-general of the
United States at Cairo."
Approved, January 8, 1871.
AN" ACT to extend the time allowed
for the redemption of certain lands
by the first section of the act en
titled '-An act to provide for the re
demption and sale of lands held by
the UnitedStateajiuJF-he several
acts levying direct taxes, and for
other purposes" approved June
eighth, eighteen hundred and seventy-two,
and to suscnd the opera
tion ofthe fourth section of said act.
Jle it enacted bit the Senate and House of
Representa&oesqfihe Untied State of Amer
ica in Congress assembled,
That the time allowed in and by the
first section ofthe act of Congress ap
proved June eighth, eighteen hundred
and seventy-two, entitled "An act to
provide for the redemption and sale of
lauds held by the United States under
the several acts levying direct taxes,
and for othdr purposes 4 be and the
same is hereby extended for the term
of two years" from the first day of
dune, eighteen hundred and seventy
four. Sec. 2. That the operation of the
fourth section of said act be. and the
same is hereby, suspended until the
expiration of said term of two years
from said first day of dune.
Approved, dune 23, 1674.
JO'XT RKSOUUTIOX explanatory
of resolution approved January 31,
18S8, entitled "A resolution limiting
contracts for stationery and other
supplies in tiie executive depart
ments to one year."
; Mitred by the ft nateand Hmrse of Jl pr
tentative of 'the United' Slate of America in
( t. nor. s tisstinblcii.
That the resolution appreved Jann
arv thirty-first, eighteen hundred and
sixty-eight, entitled "A resolution
limiting contracts for stationery and
other supplies in the Executive De
partments to one year,"' shall not be
held, or construed, to apply to. or in
clude, mail-bags, mail locks and keys,
postal cards, postage stamps, newspa
per wrappers, or stamped envelopes.
Approved, March 21, 1874.
AX ACT to authorize the use of gilt
letters for the names ot of vessels.
lie U enact'tl Initio- fi -ntUe and tltntxe. of
It j,e v. ult'lirrsof th - tTntb-n S'nUs of Amcr-e-t
in U&ngres assembled.
That section ihree of the act entitled
'Ah act concerning the registering
and recording of ships and vessels.""
approved December thirty-first, sev
enteen hundrcn and ninety-two, is
hereby so amended as to allow the
name of any vessel to be painted upon
her stern in yellow or gilt letters.
Approved, June 23, is74.
AX ACT to protect persons offoreign
birth against forcible constraint or
involuntary servitude.
IU- it enact 'I fni the Senate unit House of
Tlpres ntativc of (he United H.-.'.! s of Anu ri-
e.i in t-ulirtrrssasselnlil.it.
That whoever shall knowirg'y and
wilfully bring into the V uited States,
or the Territories thereof, any person
inveigled or forcibly kidnapped in any
other country, with intent to hold
such person so inveigled or kidnapped
in confinement or to any involuntary
service, and whoever shall knowingly
and willfully sell, or cause to be sold,
into anv condition of involuntary
! servitude, any other person for any
term whatever, and every person who
: shall knowingly and willfully hold to
involuntary service any person so soul
and bought, shall be deemed gniity of
a felony, and, on conviction thereof,
be imprisoned for a term not exceed
ing rive years and pay a fine not ex
ceeding five thousand dollars.
Sec. 2. That every person who
shall be accessory to any of the felo
nies herein declared, either lefore or
after the fact, shall be deemed guilty
fit' a felony, and on convict ion thereof
be imprisoned for a term not. exceed
ing five years and pay a tine not ex
ceeding one thousand dollars.
Approved, June 23, 1874.
AX ACT to change the times of hold
ing the circuit and district courts at
the city of Kyausville.
Tl- it ennrbtl bit the Senate and House of
R-prettentative of the United State of Amer
ica in Conareas a&S'-mbleil,
That the terms of the circuit and
district courts ofthe United States for
the district of Indiana, which are pro
vided by law to be bolden at the city
of 1 vansville, shall hereafter be held
at that city on the first Mondays of
April and October in each year.
Sec. 2. That all suits which stand
for trial at. and all writs, processes
and recognizances which are, or may
be made, returnable to, tiie next Au
gust term of said courts shall stand
continued and be returnable to the
next term thereof provided for in this
act.
Approved, June 23, 1874.
AX ACT to amend and supplement
an act entitled "An act to establish
a uniform system of bankruptcy
throughout the United States," aji
proved March second, eighteen hun
dred and sixty-seven, and for other
purposes.
Ti'.- it enrtetetl bit tlie fl-nat and TTnise of
R-prcrntuJir::s of die Untied State of Amer
ica in Congress assembled.
That the act entitled "An act to es
tablish a uniform system of bankruptcy
throughout the United States," ap
proved March second, eighteen hun
dred and sixty-seven, be and the same
is hereby, amended and supplemented
as follows : That the court may, in
its discretion, on sufficient cause shown,
and upon notice and hearing, direct
the receiver or assignee to take pos
session of the property, and carry on
the business of the debtor, or any part
thereof, under the direction of the
court, when, in its judgment, the in
terest of the estate as well as of the
creditors will be promoted thereby,
but not for a period exceeding nine
months from the time the debtor shall
have been declared a bankrupt : Pro
vided, That such order shall not be
made until the court shall be satisfied
that it is approved by a majority in
value of the creditors.
Sec. 2. That section one of said act
be, and it is hereby, amended by add
ing thereto the following words :
"Provided, That the court having
charge of the estate ot any bankrupt
may direct that "any of the legal assets
or debts of the bankrupt may direct
that any of the legal assets or debtors
ofthe bankrupt, as contradistinguished
from equitable demands, shall, when
such debt does not exceed five hundred
dollars, be collected in the courts of
the State where such bankrupt resides
having jurisdiction of claims of such
nature and amount."
See. 3. Thru section two of said act
c, and it hereby is, amended by strik
ing out, in line ten, the word3 "the
same", and inserting the woid "any";
and by adding next after the words
Jowl!' - inter?t'" hl r'n twelve, the,
r;t?omu and debt.1-
.wk4- JF" nnle39 otherwise or
detiy tl,e cm,rt' tbe as'ig'e shall
whetw y'rrty ot' t,,e "krupt,
whether real or personal, at public
auction, in such parts or parcel, a m.l
at such times and places as shall bo
best calculated to product the greatest
amount with the least expend All
jiotices of public sales under this act
by any assignee or officer of the court
shall be published once a week for
three consecutive weeks in the news
hirfrs, to be designated by tbe judKe,
which, in his opinion, shall be best
Calculated to ffivo iron Aral nnllunri,
j sale. And the court, on the appliai-
" '") in incercsr, snail
have complete supervisor' power over
such sales, including the power to set
aside the same and to order a re-sale,
so that the property sold shall realize
the largest sum. And the court may,
in its discretion, order any real estate
ot the bankrupt, "or any part thereof,
to be sold lor one-fourth cash at the
time of sale, and tbe residue within
eighteen months in such instalments
as the court may direct, bearing in
terest at the rate of seven per centum
per annum, and secured by proper
niortgige or lien upon the property so
sold. And it shall be the duty of every
assignee to keep a regular account of
all moneys received or expended by
him as such assignee, to which account
every creditor shall, at reasonable
times, have free access. If any as
signee shall fail or neglect to well and
JaTthfully discharge his duties in the
sale or disposition of property as above
contemplated, it shall lie the duty of
the court to remove such assignee, and
he shall forfeit all fees and emoluments
to which he might t)e entitled in con
nection with such sale. And if any
assignee shall, in any manner, in vio
lation of his duty aforesaid, unfairly or
wrongfully sell or dispose ot, or in any
maimer fraudulently or corruptly com
bine, conspire, or agree with any per
son or persons, with intent to unfairly
or wrougfnlly sell or dispose of the
property committed to his charge, he
shall, upon proof thereof be removed,
and forfeit all fees or other compensa
tion for any and all services in con
nection with such bankrup'ts estate.
and, upon, conviction thereof before
any court of competent jurisdiction,
shall be liable to a fine of not more
than ten thousand dollars, or impris
onment in the penitentiary for a term
of not exceeding two years, or both
fine and imprisonment, at the discre
tion of the court. And any person
so combining, conspiring, or agreeing
with such assignee for the purpose
aforesaid shall, upon conviction, be
liable to a like punishment. That the
assignee shall report, under oath, to
the court, at least as often as once in
three months, the condition of the
estate in bis charge, and the state of
his accounts in detail, and at all other
times when the court, on motion or
otherwise, shall so order. And on
anv settlement of tbe accounts ot any
assignee, he shall be required to ac
count lor all interest, benefit, or ad
vantage received, or in any manner
agreed to be received, directly or in
directly, trom the se. disposal, or pro
ceeds of the bankrupt's estate. And
he shall be required, upon such set
tlement, to make and file in court an
affidavit declaring, according to the
truth, whether he has or has not, as
the case may be, received, or is or is
not, as the case may be, to receive,
directly or indirectly, any interest,
benefit, or advantage " from the use or
deposit of such funds; and such as
signee may be examined orally upon
tlie sa;ne subject, and if he sha'll will
fully swear falsely, either in such affi
davit or examination, or to his report
provided for in this section, he shall be
deemed to be guilty ot perjury, and,
on conviction thereof, be punished by
imprisonment in the penitentiary not
less than one and not more than live
years.
Sec. 5. That section eleven of said
act le amended by striking out the
words "as the warrant specifies,"
w here they first occur, and inserting
the words "as the marshall shall se
lect, not exceeding two': and insul t
ing after the word "specifies" where
in last occurs the words "But when
ever the creditors of the bankrupt are
so numerous as to make any notice
now required by law to them, by mail
or otherwise, a great and dispropor
tion expense to the estate, the court
may, in lieu thereof, in its discretion,
order such notice to be given by publi
cation in a newspaper or new spajicr?,
to all such creditors whose claims, as
reported, do not exceed the sums, re
spectively, of fifty dollars."'
Sec. 0. That the first clause of sec
tion twenty of said act be amended by
adding, at the end thereof, the words
"or in case of compulsory bankruptcy,
after the act of bankruptcy upon or in
respect of which the adjudication shall
be made, and w ith a view of making
such set-off."
Sec. 7. That section twenty-one of
said act be amended by inserting the
following words in line six, immedi
ately after "thereby"': "But a creditor
proving his debt or claim shall not be
held to have waived his right of action
or suit against the bankrupt where a
discharge has been refused or the pro
ceedings have been determined without
a discharge".
Sec. 8. That the following words
shall be added to section twenty-six of
said act: "That in all causes and
trials arising or ordered under this act,
the alleged bankrupt, and any party
thereto, shall lx; a competent witness'.
Sec. 9. That in eases of compulsory
or involuntary bankruptcy, the pro
visions ot said act, and any amendment
thereof-, or of any supplement thereto,
requiring the payment of any propor
tion of the debts of the bankrupt, or
the assent of any portion of his credi
tors, as a condition of his discharge
from his debts, shall not apply; but he
may, if otherwise entitled thereto, be
discharged by the court in the same
manner and with the same effect as if
he had paid such per centum of bis
debts, or as if the required proportion
of bis creditors had assented thereto.
And in cases ot voluntary bankruptcy,
no discharge shall be granted to a
debtor whose assets shall- not be equal
to thirty ier centum of the claims
proved against his estate, upon which
he shall be liable as principal debtor,
without tho assent of at least one
fourth of his creditors in number, and
one-third in value; and the. provision
in section thirty -three of said act of
March second, eighteen hundred and
sixt3'-seven, requiring titty per centum
of such assets, is hereby repealed.
Sec. 10. That in cases of involuntary
or compulsory bankruptcy, the period
of four months mentioned in section
teirty-live of the act to which this is
an amendment is hereby changed to
two mouths; but this provision shall
not take effect until two months after
the passage of tnis act. And in the
cases aforesaid, the perioJ cfl six
months mentioned in said section
thirty-five is hereby changed to three
months ; but this provision shall not
take effect until three mouths after the
. passage of this act.
Sec. 11. That sec
section thirty-five of
said act be, and the same is hereby,
amended as follows :
First. After the word "and' in line
eleven, insert the word "knowing".
Secondly. After the word "attach
ment", in tlie same line, insert tho
words "sequestration, seizure".
Thirdly. After the word "and", in
line twenty, insert the word 'know
ing". And nothing in said section
thirty-five shall be construed to in
validate any loan of actual value, or
the security therefor, made in good
faith, upon a security taken in good
faith on the occasion of the making of
such loan.
Sec. 12. That section thirty-nine of
said act of March second, eighteen
hundred and sixty-seven, be amended
so as to read as follows :
"Sec. 39. That any person residing,
owing debts, as aforesaid, who,
after the passage of this act, shall de
part trom the State, District, or Terri
tory of which he U an inhabitant, with
intent to defraud his creditors ; or, be
ing absent, shall, with such Intent, re
main absent ; or shall conceal himself
to avoid the service of legal process in
any action for the recovery of a debt
or demand provable under this act ; or
shall conceal or remove any of his
property to avoid Us be'iug attached,
taken, or sequestered on legal process;
or shall make any assignment, gitr,
sale, conveyance, or transfer of his
estate, property, rights, or credits,
either within the United States or else
where, with intent to delay, defraud,
or hinder his creditors ; or who has
been arrested and held in custody un
der or by virtue of mesne process or
execution, issued out of any court of
the United States or of any State. Dis
trict, or Territory within" which such
debtor resides or has property, founded
upon a demand in its nature provable
against a bankrupt's estate under this
act, and for a sum exceeding one hun
dred dollars, and such process is re
maining in force anil not discharged
by payment, or in any other, manner
provided by the law of the United
States or ot snch State. District, or
Territory, applicable thereto, for a
period of twenty days, or has been
actually imprisoned" for more than
twenty days in a civil action founded
on contract for the sum of one hundred
dollars or upward ; or who, being
bankrupt or insolvent, or in contem
plation of bankruptcy or insolvency,
shall make any payment, gift, grant,
sale, conveyance, or transfer of money
or other property, estate, rights, or
credits, or confess judgment, or give
any warrant to confess judgment, or
procure his property to be taken on
legal pre cess, with intent to give a
preference to one or more of his credi
tors, or to ati5' person or persons who
are or may be liable for him as indor
sers. bail, sureties, or otherwise, or
with the intent, by such disposition
ot his property, to defeat or delay the
operation of this act; or who, being a
bank, banker, broker, merchant, tra
der, manufacturer, or miner, has fraud
ulently stopped payment, or who be
ing a hank, banker," broker, merchant,
trader, manufacturer, or miner, has
stopped or suspended and not resumed
payment, within a period of forty
(lays, of his commercial paper, (made
or passed in the course of his business
as such), or who, In-ing a bank or
banker, shall fail for forty days to pay
any depositor upon demand of pay
ment lawfully made, shall be deemed
to have committed an act of bank
ruptcy, and, sublect to the conditions
hereinafter prescribed, shall he ad
judged a bankrupt on .the petition of
one or more ot his creditors, who shall
constitute one-fourth thereof, at least,
in number, and the aggregate of whose
debts provable under this act amounts
to at least one-third of the debts so
provable: Provided That such peti
tion is brought within six months af
ter snch act of bankruptcy shall have
been committed. And the provisions
.of this section shall apply to all eases
of compulsory or involuntary bank
ruptcy commenced since the first day
of December, eighteen hundred and
seventy-three, as well as to those com
menced hereafter. And in all cases
commenced since the first day of De
ccmber, eighteen hundred and seventy
three, and prior to the passage of this
act, as well as those commenced here
after, the court shall, if such allegation
as to the number or amount of petition
ing cerditors be denied by the debtor,
by a statement in w riting to that effect,
require him to file in court forthw ith
a full list of his creditor-, with their
places of residence aud the sums due
them respectively, and shall ascertain,
upon reasonable" notice to the credi
tors, whether one-fourth in number
and one-third in amount thereof, as
aforesaid, have petitioned that the
debtor be adjudged a bankrupt. But
if such debtor shall, on tho tiling ot the
ix-tiliou, admit in writing that the re
quisite number aud amount of c redi
tors have petitioned, tbe court if satis
fied that the admission was made in
good faith.) shall so adjudge, which
judgment shall be final, and the matter
proceed without further steps on that
subject. And if it shall appear that
such number and amount have not so
petitioned, the court shall grant rea
sonable time, not exceeding, in cases
heretofore commenced, twenty days,
and, in cases hereafter commenced,
ten days, within which other creditors
may join 4n such petition. And it,
at the expiration ot such time so limi
ted, the number and .amount shall
comply with the requirements of this
section, the matter of bankruptcy may
proceed ; but it, at the expiration of
such limited time, such number and
amount shall not answer the require
ments of this section, the proceediegs
shall be dismissed, and, in cases here
after commenced, with costs. And if
such person shall be adjudged a bank
rupt, tlie assignee may recover back
the money or property so paid, con
veyed, sold, assigned, or transferred
contrary to this act: Provided, That
the person receiving such payment or
conveyance had reasonable cause to
believe that the debtor was insolvent,
and knew that a fraud on this act was
intended ; and such person, it a credi
tor, shall not, in cases of actual fraud
on his pari, be allowed to prove for
more than a moiety of his debt ; and
this limitation on the proof of debts
shall apply to cases of voluntary as
well as involuntary bankruptcy. And
the petition of creditors miller this sec
tion may be sufficiently verified by the
oaths ofthe first five signers thereof,
it so many there be. And it any of
said first five signers shall not reside
in the district in which such petition
is to bo filed, the same may be signed
and verified by the oath or oaths ofthe
attorney or attorneys, agent or agents,
of such signers. And in computing
the number ot creditors, as aforesaid,
who shall join in such petition, credi
tors whose respective debts do not ex
ceed two hundred and fifty dollars shall
not lie reckoned. But if there be no
creditors whose debts exceed said sum
of two hundred and fifty dollars fail to
sign the petition, the creditors having
debts of a less amount shall le reckoned
for the purjioses aforesaid".
Sec. 13. That section forty ot said
act be amended by adding at the end
thereof the following words; "And if,
on the return-day ofthe order to show
cause as aforesaid, the court shall be
satisfied that the requirement of section
thirty-nine of said act as to the num
ber and amount of petitioning creditors
has been complied with, or if, within
the time provieded for in section
thirty-nine of this act, creditors suffi
cient in number and amount shall sign
such petition so as to make a total of
one-fourth in number ot tho creditors
and one-third in the amount of tho
provable debts against the bankrupt,
as provided in said section, the court
shall so adjudge, which judgment shall
be final: otherwise it shall dismiss the
proceedings, and, in cases hereafter
commenced, "with costs."
Sec. 14. That section forty-one of
said act be amended as follows . After
the word "bankruptcy," in line eight,
strike out all of said section and insert
tho words, "Or, at tbe election of tbe
debtor, the court may, in its discretion
awaid a venire facias to the marshal
of the district, returnable within ten
days before him fer the trial of the
facts set forth in tlie petition, at which
time the trial shall be had, unless ad
journed for cause. And unless, upon
such hearing or trial, it shall appear to
the satisfaction of said court, or of the
jury, as tlie case may be, that the facts
set forth in said petition are true, or if
it shall appear that the debtor has paid
and satisfied all liens upon his property,
in case the existence of shcIi lines was
the sole ground of the proceeding, the
proceeding shall be dismissed, and the
respondent shall recover costs ; and all
proceedings in bankruptcy may be
discontinued on reasonable notice and
hearing, with the approval ot tlie
court, and upon the assent, in writing,
of such debtor, and not less than one
half ot his creditors in number and
amount; or, in case all the creditors
and snch debtor assent thereto, such
discontinuance shall be ordered and
entered : and all parties shall be re
mitted, in either case, to tlie same
rights and duties existing at the date
of the filing ot the petition for bank
ruptcy, except so far as such estate
shall have been already administered
and disposed of. And the court shall
have power to make all needful orders
and decrees to carry the foregoing pro
vision into effect".
Sec. 15. That section eleven of said
act be amenden by inserting the words
"and valuation" after the word "in
ventory"' in the twenty first line; and
that section forty-two of said act be
amended by inserting the words "and
valuation" after the word "inventory"
in the fifteenth line.
Sec. 16. That section forty-nine of
said act be amended by striking out
after the word "the" in line five, the
words "supreme courts", and insert
ing in lieu thereof "district courts,"
and in line six, after the word "States"',
insening the words '"subject to the
general superintendence and jurisdic
tion conferred upon circuit courts by
section two ot said act."
COMPOSITION WITH CREDITORS.
Sec. 17. That the following provis
ions be added to section forty-three ot
said act : That in all cases of bank
ruptcy now pending, or to be here-'
after lending, by or against any jer
son, whether an adjudication in bank
ruptcy shall have been or not, the
creditors of such alleged bankrupt may,
at a meeting called under the direction
ofthe court, and upon not less than
ten days' notice to each known credi
tor of tbe time, place, and purpose of
such meeting, such notice to be per
sonal or otherwise, as the court may
direct, resolve that a composition pro
posed by the debtor shall be accepted
in satisfaction of the debts due to them
from the debtor. And such resolution
shall, to be operative, have been passed
by a majority in number and three
fourths in value of the creditors of the
debtor assembled at such meeting
either in person or by proxy, and
shall be eanfirtpod by the signatures
thereto ot the debtor and two-thirds in
number and one-half in value ot all
the creditors of the debtor. And in
calculating a majority for tlie purposes
of a composition under this section,
creditors whose debts amount to sums
not exceeding titty dollars shall be
reckoned in the majority in value, bnt
not in the majority in number; and
the value of the debts of secured credi
tors above the amount of such security',
to be determined by the court, shall,
as nearly as circumstances admit, be
estimated in the same way. And
creditors whose debts are full" secured
shall not be entitled to vote upon or to
sign such resolution without first re
linquishing siich security for the bene
fit of the estate.
The debtor, unless prevented by
sickness or other cause satisfaetor to
such meeting, shall be presented at the
same, and shall answer any inquiries
made of him; and he, or, if he so pre
vented from being at such meeting,
some one in his belialf, shall produce
to the meeting a statement showing
the w hole of his assets aud debts, anil
the names and addresses ot the credi
tors to whom such debts respectively
are due.
Such resolution, together with the
statement of the debtor as to his assets
and debts, shall !e presented to the
court; and the court shall, upon notice
to all the creditors of the debtor of not
less than five days, and upon hearing,
inquire whether such resolution has
been passed in the manner directed by
this section; and if satisfied that it has
been so passed, it shall, subject to- the
provisions hereinafter contained, anil
upon being satisfied that tlie same is
for the best interest of all concerned,
cause such resolution t" be recorded
and statement of assets and debts to
be died ; and until such record and
filing shall have taken place, such res
olution shall be of no validity. And
any creditor af the debtor may inspect
such record aud statement at all rea
sonable times.
The creditors may, by resolution
passed in the manner and under the
circumstances aforesaid, add to, or
vary the provisions of, any composi
tion previously accepted by them,
without prejudice to any persons tak
ing interests under such provisions
who do not assent to such addition or
variation. And any such additional
resolution shall be presented to the
court in the same manner and pro
ceeded with in the same way and w ith
the same consequences as the resolu
tion by which the composition was
accepted in the first instance. The
provisions of a composition accepted
by such res:li!tioii in pursuance of this
section shall be binding on all the
creditors w hose nam ; and addresses
and tho amounts of the debts due to
w hom are shown in the statement of
the debtor produced at the meeting at
which the resolution shall have been
passed, but shall not affect or prejudice
the rights of any other creditor.
Where a debt arises on a bill of ex
change or promissory note, if the debt
or shall be ignorant of Jhe holder of
any such bill ol exchange or promis
sory note, he shall be required to state
thc'ainount of such bill or note, the
date on which it falls due, the name of
the acceptor and ofthe person to whom
it is payable, and any other particulars
within his knowledge respecting the
same; and the insertion of such partic
lars shall be deemed a sufficient de
scription by the debtor in respect to
such debt.
Any mistake made inadvertently by
a debtor in the statement of his debts
may be corrected upon reasonable
notice, and with the confent of a gen
eral meeting of his creditors.
Kvery such composition shall, sub
ject to prirorities declared in said act,
provide for a pro-rata payment or sat
isfaction, in money, to the creditors of
such debtor in proportion to the amount
of their nnsecuicd debts, or their debts
in respect to which any such security
shall have been duly surrendered and
given up.
The provisions of any composition
made in pursuance of this section may
be enforced by the court, on motion
made in a summary manner by any
person interested, and on reasonable
notice; and any disobedience of the
order of the court made on such mo
tion shall be deemed to be a contempt
of court. Rules and regulations of
court may be made in relation to pro
ceedings of composition herein pro
vided for the in the same manner and
to the same extent as now provided by
lew in relation to proceedings in bank
ruptcy. If it shall at any time appear to the
court, on notice, satisfactory evidence,
and bearing, that a composition under
this section cannot, in consequence of
legal difficulties, or for any sufflolent
cause, proceed without injustice or
undue delay to the creditors or to the
debtor, tlie court may refiise to accept
and confirm snch composition, or may
set tlie same aside; and in either case,
the debtor shall be proceeded with as a
bankrupt in conformity With the pro
visions of law, and proceeding may be
had accordingly; and tlie time during
winch such composition shall liave been
in force shall not, In such case, be com
puted in calculating periods of time
prescribed by said act.
Sec. 18. That from and after the
passage of this act the fees, commis
sions, cliarges, and allowances, except
ing actual and necessary disbursements
of, and to be made by the officers,
agents, marshals, messengers, assig
nees, and registers in cases ot bank
ruptcy, shall be reduced to one-half ot
tne tees, commissions, charges and al
lowances heretofore provided for or
made in like eases : Prodded, That the
preceding provision shall be and re
main in force until the justices of the
Supreme Court of the United States
shall make and promulgate new rules
and regulations in respect to the mat
ters aforesaid, under the powerr con
ferred upon them by sections ten and
forty-seven of said act, and no longer,
which duties they shall perform as
soon as may he." And said justices
shall have power under said sections,
by general regulations, to simplify
and. so far as in their judgment wiil
conduce to the benefit of creditors, to
consolidate the duties of the register,
assignee, marshal, and clerk, and to
reduce fees, costs, and charges to the
end that prolixity, delay, and unneces
sary expense may be "avoided. And
no register or clerk of court, or any
partner or clerk of such register or
clerk of court, or any person having
any interest with either in any fees or
emoluments in bankruptcy, or with
whom such register or clerk of court
shall have any interest in eespect to
any matter in bankruptcy, shall lie of
counsel, solicitor, or attorney, either
in or out of court, in any suit or mat
ter pending in bankruptcy in either
the circuit or district court of his dis
trict., or in an appeal therefrom. Xor
shall they, or either of them, be execu
tor, administrator, guardian, commis
sioner, appraiser, divider, or assignee
of or upon ay estate within the juris
diction of either of said courts of bank
ruptcy; nor be interestedd directly or
indirectly, in the fees or emoluments
arising from either of said trusts.
And the words "except such as are
established by this act or by law," in
section ten of said act, aic hereby re
pealed. Sec. 10. That it shall he the duty
ofthe marshal ot each district, in the
month of" duly of each year, to report
to the clerk of the district court of
such district, in a tabular form, to be
prescribed by the justices of the Su
preme Court of the United States, as
well tis such other or further informa
tion as may be required by said
justices.
First, the number of cases in kank
ruptcy in which the warrant prescrib
ed in section eleven of said act has
come to his hands during the year
ending June thirtieth, preceding;
Secondly, how many such warrants
were returned, with the fees, costs, ex
penses, anil emoluments thereof, re
spectively and separately;
Thirdly, the total amount of all
other foes, costs, expenses, and emolu
ments, respectively and separately,
earned or received by him during
such year from or in respect of any
matter m bankruptcy;
Fourthly, a summarized statement
of such fees, costs, and emoluments,
exclusive o. actual disbursements in
bankruptcy, received or earned for
snch year;"
Fifthly, a summarized statement of
all actual disbursements in such cases
for such year.
And in like manner, every register
shall, in the same month and for the
same year, make a report to such clerk
of.
First, the number of voluntary cases
in bankrupt ex coming before him
during said year;
Secondly, the amount of assets and
liabilities, as nearly as may be, of the
bankrupts;
Thirdly, the amount and rate per
centum of all dividends declared;
Fourthly, the disposition ot all such
cases;
Fifthly, the number of compulsory
turn, in the same way;
Sixthly, tlie amount of assets and
liabilities, as nearly as mav be, of
such bankrupt;
Seventhly, the disposition ol all such
cases;
Eighthly, the amounts and rah? per
centum af all dividends declared in
such cases;
.Ninthly, the total amount offices,
charges, costs, and emoluments of
every sort, received or earned by such
register during said year in each class
of cases above stated."
Aud in lik manner, every assignee
shall, during said mouth, make like
return to stieh.clerk of,
First, the number of voluntary and
compulsory cases, respectively and
separately, in his charge during said
year;
Secondly, the amounts of assets and
liabilities therein, respectively and
separately;
Thirdly, the total receipts and dis
disursements therein, respectively and
separately;
Fourthly, the amount of dividends
paid or declared, and the rate per
centum thereof, in ach class, respect
ively and separately;
Fifthly, the total amount of all his
fees, and emoluments, of every kind
therein, earned or received;
Sixthly, the total amount of ex
penses inenrreu by him for legal pro
ceeding and counsel-fees.
Seven thl the disposition ofthe cases
respectively;
And in like manner, the clerk of
said court, in the month of August in
each year, shall make up a statement
for such year, ending June thirtieth,
of,
Girst, all cases in bankruptcy pend
ing at the beginning of the said year;
Secondly, all of such cases disposed
of:
Thirdly, all dividends declared
therein;
Fourthly, the nnmbcr of reports
made from each assignee therein;
Fifthly, the disposition of all such
cases;
Sixthly, the number of assignees'
accounts" filed and settled;
Seventhly, whether any marshal,
register, or assignee has tailed to make
aiid file with such cle-k the reports by
this act required, and, if any have
failec to make such reports, their re
spective names and residences.
And such clerk shall report in re
spect of all casei begun during said
YCilP.
And he shall make a classified siate
mene, in tabular form, of all hiss fees,
charges, costs, aud emoluments, re
spectively, earned or accrued during
said year, giving each head under
which the same accrued, and also the
sum of all moneys paid into and dis
burfed out of court in bankruptcy, and
the balance in band or on deposit.
And all the statements and reports
herein required shall be under oath,
aud signed by the persons respectively
making the same.
Aud said olerk shall, in raid month
of August, transmit every such state
ment and report so fF-ed with him,
to"ether with his own statement and
refort aforesaid, to the Attorney
General of the United States.
Any person who shall violate the
provisions ot this section shall, on
motion tnade, under tlie direction of
the Attorney-General, be by the dis
trict court dismissed from his office,
and shall be deemed guilty ot a mis
demeanor, and, on conviction thereof,
be punisheq by a tine of not more
than five hundred dollars, or- by im
prisonment not exceeding one yeaa.
sec. 20. That in addition to the
officers now authorized to take proof
of debts against the estate of a bank
rupt, notaries public are hereby au
thorized to take such proof, in the
manner and under the regulations pro
vided by law; such proof to be certi
fied by tlie notary and attested by his
signature and official seal.
Sec. 21. That all acts and parts of
acts inconsistent with the provisions
of this act be, and the same are hereby
repealed .
Approved, June 52, 1S74.
AX ACT reorganizing the several
staff corps ofthe Army.
J!: it enacted hij the Senate and House
of HepresentaUves of the United States of
America in Congress asiembted,
That the Inspector General's De
partment shall consist of one colonel,
two lieutenant-colonels, and two ma
jors, with the rank, pay, arid emolu
ments of officers of said grades; and
the Secretary of War may, in addition,
detail officers ofthe line, not to exceed
four, to act as assistant inspectors-general
shall have all the allowances ot
cavalry officers of their respective
grades; and no new appointment shall
be made in the Inspector-General's
Department until the number ot inspectors-general
is reduced to five.
Sec. 2. That the Bureau of Military
.Tustice shall hereafter consist of one
Judge-Advocate-Cieneral, with the
rank, pay. and emoluments of a briga
dier general ; and the said .ludge-Advocate-General
shall receive, revise,
and have recorded the proceedings of
all courts-martial, courts of inquir and
military com missions, and shall per
form such other duties as have been
heretofore performed by the Judge-Advocate-General
of the Army, in
the corps of judge-advocates no ap
pointment shall be made as vacancies
cies occur until the number shall be re
duced to four, which shall thereafter
be the permanent number of the offi
cers of that corps.
Sec. 3. That hereafter there shall be
three assistant commissaries-general of
sulsistence, with the rank, pay, and
emoluments of lieutenant-colonel, in
itead of the two now allowed by law
of said grade in the Subsistence De
partment; that tho number ot com
missaries of snbsistenoefAvith the rank,
pay. and emoluments of a captain of
cavalry, is hereby reduced to twelve,
and no appointment to till a vacancy
in said grade shall be made until the
number thereof shall be reduced fo
twelve, and tbe number thereafter
shall remain fixed at twelve.
Sec. 4. That the Medical Depart
ment of the Aarmy shall hereafter con
sist of one Surgoii-Gcneral, with the
rank, pay, and emoluments of a briga
dier general ; one assistant surgeon
general, and one chief medical purvey
or, each with the rank, pay, and em
oluments ot a colonel ; and two assis
tant medical purveyors, with the rank,
pay. and emoluments ot lieutenant
eolonels. who shall give the same bonds
which are or may be required of assis
tant paymasters-general of like grade,
and shall, when not acting as purvey
ors, be assignable to duty as surgeons
by the 'resident ; fifty surgeons, with
tlie rank, pay, and emoluments of ma
jors ; one hundred and litty assistant
surgeons, with the rank, pay, and
emoluments ot lieutenants of cavalry
for the first five years' service, and
with the rank, pay, and emoluments
of captains of cavalry after five years'
service : and tour medical store-keepers,
with the same compensation as is
now provided by law ; and all., the
original vacancies in the grade of as
sistant surgeon shall be filled by se
lection Ivy competitive examination ;
aud the Secretary of War is hereby
authorized to appoint, from the en
listed men of the Army, or cause to
be enlisted, as many hospital-stewards
as the service may require, to be per
manently attached to the Medical De
partment, under such regulations as
the Secretary of War may prescribe.
Aud the number of contract-surgeons
shall be limited to seventy-five on or
before the first day of January in the
year eighteen hundred and seventy
five ; and thereafter no more than
that number shall lie employed.
Sec. 5. That the Ordance Depart
ment shall consist of one Chief of Ord
nance, with the rank, pay, and emolu
ments of a brigadier-general ; three
colonels, four lieutenant-colonels, ten
majors, twenty captains, sixteen first
lieutenants ; aud all vacancies which
may hereafter exist in the grade of
first lieutenant in said Department
shall be filled by transfer from the line
ofthe Army: Provided, That no ap
pointment or piomotion in said De
partment shall hereafter be made until
the officer or person so appointed or
promoted shall have passed a satisfac
tory examination before a board ot
ordnance-officers senior to himself.
Sec. 0. That no officer now in ser
vice shall be reduced in rank or mus
tered out by reason of any provision
of law herein made reducing the num
ber of officers in any department or
corps ofthe staff".
Sec. 7. That as vacancies shall occur
in any of tbe grades of the Ordnance
and Medical Departments, no appoint
ments shall lie made to fill" the same
until the numbers in such grade shall
-be reduced to the numbers which are
fixed for permanent appointments by
tlie provisions of this act ; and thereaf
ter the number of permanent officers
in said grades shall cantinue to con
form to said reduced numbers, and all
other grades in said Ordnance and
Medical Departments than those
authorized by the provisions of tlie act
shall cease to exist as soon as the same
shall become vacant by death, resigna
tion or otherwise; aiid no ap-xhit-ment
or promotion shall hereafter lie
made to till any vacancy which may
occur therein.
Sec. 8 That so much of section six
of an act entitled "An act making ap
propriations lor the support of the
Army for the year ending June thir
tieth, eighteen hundred and seventy,
and for other purposes," approved
March third, eighteen hundred and
sixty-nine, as applies to the Ordnance,
Subsistence, and Medical Departments
ot the Army be, and the sarue is here
by, repealed : Proridett, That this sec
tion repealing said section shall not
apply to any ofthe grades ofthe Med
ical or Ordnance Departments which
are omitted or abolished by the pro
visions of this act.
Approved, June 23,1874.
It appears from recent dispatches
that President MacMahon has set his
mind upon a "Senate" as a part of the
governmental machinery ofthe French
Rhpublic. But tbe Senate which he
is anxious to establish would be an ar
istocratic body, not dpeendent either
directly or indirectly upon popular ut
frage, and entirely inconsistent with
rexublicau theories.
A monster short-horn steer was
butchered a couple of weeks ago in
Detroit, Michigan, that weighed 4,110
pounds alive; weight ot dressed beef,
3,000 pounds; hide, 140 pounds, and
rough tallow, 300 pounds. This is sup
posed to be the largest animal ever
slaughtered for beef on this continent.
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