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same, and the court may issue an execution against him to compel payment to the register.
Before any dividend is ordered the assignee shall pay out of the estate to the messenger the following fees, and
First. For service of warrant, two dollars.
Second. For all necessary travel, at the rate of five cents a mile, each way.
Third. For each written note to creditor named in the schedule, ten cents.
Fourth. For custody of property, publication of notices, and other services, his actual and necessary expenses upon returning the same in specific items, and making oath that they have been actually incurred and paid by him, and are just and reasonable, the same to be taxed or adjusted by the court, and the oath of the messenger shall not be conclusive as to the necessity of said expenses.
For cause shown, and upon hearing thereon, such further allowance may be made as the court, in its discretion, may determine.
The enumeration of the foregoing fees shall not prevent the judges, who shall frame general rules and orders in accordance with the provisions of section ten, from prescribing a tariff of fees for all other services of the officers of courts of bankruptcy, or from reducing the fees prescribed in this section in classes of cases to be named in their rules and orders.
SEC. 48. And be it further enacted, That the word " assignee" and the word "creditor" shall include the plural also; and the word "messenger" shall include his assistant or assistants, except in the provision for the fees of that officer. The word "marshal" shall include the marshal's deputies, the word "person" shall also include "corporation," and the word "oath shall include "affirmation." And in all cases in which any particular number of days is prescribed by this act, or shall be mentioned in any rule or order of court or general order which shall at any time be made under this act, for the doing of any act, or for any other purpose, the same shall be reckoned, in the absence of any expression to the contrary, exclusive of the first and
inclusive of the last day, unless the last day shall fall on a Sunday, Christmas day, or on any day appointed by the Presdent of the United States as a day of public fast or thanksgiving, or on the Fourth of July, in which case the time shall be reckoned exclusive of that day also.
SEC. 49. And be it further enacted, That all the jurisdiction, power, and authority conferred upon and vested in the district court of the United States by this act in cases in bankruptcy are hereby conferred upon and vested in the supreme court of the District of Columbia, and in and upon the district courts of the several Territories of the United States, subject to the general superintendence and jurisdiction conferred upon circuit courts by section two of said act, when the bankrupt resides in the said District of Columbia or in either of the said Territories. And in those judicial districts which are not within any organized circuit of the United States the power and jurisdiction of a circuit court in bankruptcy may be exercised by the district judge.
SEC. 50. And be it furher enacted, That this act shall commence and take effect as to the appointment of the officers created hereby, and the promulgation of rules and general orders, from and after the date of its approval: Provided, That no petition or other proceeding under this act shall be filed, received, or commenced before the first day of June, anno Domini eighteen hundred and sixty-seven.
That from and after the passage of this act the fees, commissions, charges, and allowances, excepting actual and necessary disbursements, of, and to be made by the officers, agents, marshals, messengers, assignees, and registers in cases of bankruptcy, shall be reduced to one half of the fees, commissions, charges, and allowances heretofore provided for or made in like cases: Provided, That the preceding provision shall be and remain in force until the justices of the Supreme Court of the United States shall make and promulgate new rules and regulations in respect to the matters aforesaid, under the powers conferred upon them by sections ten and forty-seven of said act, and no longer, which duties they shall perform as soon as may be. And said justices shall have power under said sections, by
general regulations, to simplify and, so far as in their judgment will conduce to the benefit of creditors, to consolidate the duties of the register, assignee, marshal, and clerk, and to reduce fees, costs, and charges, to the end that prolixity, delay, and unnecessary expenses may be avoided. And no register or clerk of court, or any partner or clerk of such register or clerk of court, or any person having any interest with either in any fees or emoluments in bankruptcy, or with whom such register or clerk of court shall have any interest in respect to any matter in bankruptcy, shall be of council, solicitor, or attorney, either in or out of court, in any suit or matter pending in bankruptcy in either the circuit or district court of his district, or in an appeal therefrom. Nor shall they, or either of them, be executor, administrator, guardian, commissioner, appraiser, divider, or assignee of or upon any estate within the jurisdiction of either of said courts of bankruptcy; nor be interested, directly or indirectly, in the fees or emoluments arising from either of said trusts.
That it shall be the duty of the marshal of each district, in the month of July of each year, to report to the clerk of the district court of such district, in a tabular form, to be prescribed by the justices of the Supreme Court of the United States, as well as such other or further information as may be required by said justices.
First, The number of cases in bankruptcy in which the warrant prescribed in section eleven of said act has come to his hands during the year ending June thirtieth, preceding;
Secondly, how many such warrants were returned, with the fees, costs, expenses, and emoluments thereof, respectively and separately;
Thirdly, the total amount of all other fees costs, expenses, and emoluments, respectively and separately, earned or received by him during such year from or in respect of any matter in bankruptcy;
Fourthly, a summarized statement of such fees, costs, and emoluments, exclusive of actual disburements in bankruptcy received or earned for such year;
Fifthly, a summarized statement of all actual disbursements in such cases for such year.
And in like manner, every register shall, in the same month and for the same year, make a report to such clerk of
First, the number of voluntary cases in bankruptcy coming before him during said year;
Secondly, the amount of assets and liabilities, as nearly as may be, of the bankrupts;
Thirdly, the amount and rate per centum of all dividends declared;
Fourthly, the disposition of all such cases;
Fifthly, the number of compulsory cases in bankruptcy coming before him, in the same way;
Sixthly, the amount of assets and liabilities, as nearly as may be, of such bankrupt;
Seventhly, the disposition of all such cases;
Eighthly, the amounts and rate per centum of all dividends declared in such cases;
Ninthly, the total amount of fees, charges, costs, and emoluments of every sort, received or earned by such register during said year in each class of cases above stated.
And in like manner, every assignee shall, during said month, make like return to such clerk of—
First, the number of voluntary and compulsory cases, respectively and separately, in his charge during said year. Secondly, the amount of assets and liabilities therein, respectively and separately;
Thirdly, the total receipts and disbursements therein, respectively and separately;
Fourthly, the amount of dividends paid or declared, and the rate per centum thereof, in each class, respectively and separately;
Fifthly, the total amount of all his fees, charges, and emoluments, of every kind therein, earned or received; Sixthly, the total amount of expenses incurred by him for legal proceedings and counsel fees;
Seventhly, the disposition of the cases respectively; Eightly, a summarized statement of both classes as aforesaid.
And in like manner, the clerk of said court, in the month
of August in each year, shall make up a statement for such year, ending June thirtieth, of
First, all cases in bankruptcy pending at the beginning of the said year;
Secondly, all of such cases disposed of;
Thirdly, all dividends declared therein;
Fourthly, the number of reports made from each assignee therein;
Fifthly, the disposition of all such cases;
Sixthly, the number of assignees' accounts filed and settled;
Seventhly, whether any marshal, register, or assignee has failed to make and file with such clerk the reports by this act required, and, if any have failed to make such reports, their respective names and residences.
And such clerk shall report in respect of all cases begun during said year.
And he shall make a classified statement, in tabular form, of all his fees, charges, costs, and emoluments, respectively, earned or accrued during said year, giving each head under which the same accrued, and also the sum of all moneys paid into and disbursed out of court in bankruptcy, and the balance in hand or on deposit.
And all the statements and reports herein required shall be under oath, and signed by the persons respectively making the same.
And said clerk shall, in the said month of August, transmit every such statement and report so filed with him, together with his own statement and report aforesaid, to the Attorney-General of the United States.
Any person who shall violate the provisions of this section shall, on motion made, under the direction of the Attorney-General, be by the district court dismissed from his office, and shall be deemed guilty of a misdemeanor, and, on conviction thereof, be punished by a fine of not more than five hundred dollars, or by imprisonment not exceeding one year.
That in addition to the officers now authorized to take proof of debts against the estate of a bankrupt, notaries public are hereby authorized to take such proof, in the