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[Act of 1867. SEO. 11. And the judge of the district court, or if there be no opposing party, any register of said court, to be designated by the judge, shall forthwith, if he be satisfied that the debts due from the petitioner exceed $300, issue a warrant directed to the marshal of said district, authorizing him forthwith, as messenger, to publish notices in such newspapers as the warrant specifies, etc.]

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Each district must have designated at least one newspaper in which the notices to creditors of the first meeting shall be published at least once, and such number of additional times as the court may direct, as well as of such other notices as the court may direct. (Sec. 58, b.)

Under the old law a failure to publish, in one of the newspapers designated for the purpose, notice of the first meeting of the creditors to prove their debts and choose an assignee, rendered all subsequent proceedings void. (In re Hall, 2 N. B. R. 68; 16 Pittsb. Leg. J. 52; Fed. Cas. 5922.)

Sec. 29. Offenses.-a. A person shall be punished, by imprisonment for a period not to exceed five years, upon conviction of the offense of having knowingly and fraudulently appropriated to his own use, embezzled, spent, or unlawfully transferred any property or secreted or destroyed any document belonging to a bankrupt estate which came into his charge as trustee.

Courts of bankruptcy within their respective territorial limits have jurisdiction to arraign, try and punish bankrupts, officers and other persons, and the agents, officers, members of the board of directors or trustess, or other similar controlling bodies, of corporations for violations of this act, in accordance with the procedure of the United States now in force, or such as may hereafter be enacted, regulating trials for the alleged violation of the laws of the United States. (Sec. 2--4.) The United States circuit courts have concurrent jurisdiction with the courts of bankruptcy, within their respective territorial limits, of the offenses enumerated in this act. (Sec. 23, e.) Alleged offenses under this act may be submitted to a jury according to the laws of the United States now in force, or such as may hereafter be enacted in relation to trials by jury. (Sec. 19, c.)

The term "document" is defined to include any book, deed or instrument in writing. (Sec. 1-13.)

Offenses under the bankruptcy law may be prosecuted on informations. (United States v. Block, 15 N. B. R. 325; 4 Sawy. 211; 6 Chi. Leg. News,

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234; Fed. Cas. 14609.) If the bankruptcy court obtains jurisdiction over violators of the law, it may enforce the provisions of the law against them, although they may be aliens. (Olcott, Ass., v. McLean et al., 14 N. B. R. 379.) Indictments should set forth all matters necessary to constitute the offense as defined in the act; figures should not be used for dates; the word "feloniously" should be omitted, as the offenses under the act are misdemeanors. (United States v. Prescott, 4 N. B. R. 29; 18 Pittsb. Leg. J. 21; 2 Biss. 325; Fed. Cas. 16084.)

b. A person shall be punished, by imprisonment for a period not to exceed two years, upon conviction of the offense of having knowingly and fraudulently (1) concealed while a bankrupt, or after his discharge, from his trustee any of the property belonging to his estate in bankruptcy; or (2) made a false oath or account in, or in relation to, any proceeding in bankruptcy; (3) presented under oath any false claim for proof against the estate of a bankrupt, or used any such claim in composition personally or by agent, proxy, or attorney, or as agent, proxy, or attorney; or (4) received any material amount of property from a bankrupt after the filing of the petition, with intent to defeat this Act; or (5) extorted or attempted to extort any money or property from any person as a consideration for acting or forbearing to act in bankruptcy proceedings.

[Act of 1867. SEC. 7. . . All persons wilfully and corruptly swearing or affirming falsely before a register shall be liable to all the penalties, punishments, and consequences of perjury.

SEO. 44. If any debtor or bankrupt shall, after the commencement of proceedings in bankrupcy, secrete or conceal any property belonging to his estate, or part with, conceal, or destroy, alter, mutilate, or falsify, or cause to be concealed, destroyed, altered, mutilated, or falsified, any book, deed, document, or writing relating thereto, or remove, or cause to be removed, the same or any part thereof out of the district, or otherwise dispose of any part thereof, with intent to prevent it from coming into the possession of the assignee in bankruptcy, or to hinder, impede, or delay either of them in recovering or receiving the same, or make any payment, gift, sale, assignment, transfer, or conveyance of any property belonging to his estate with the like intent,

or spends any part thereof in gaming; or shall, with intent to defraud, wilfully and fraudulently conceal from his assignee or omit from his schedule any property or effects whatsoever; or if, in case of any person having, to his knowledge or belief, proved a false or fictitious debt against his estate, he shall fail to disclose the same to his assignee within one month after coming to the knowledge or belief thereof; or shall attempt to account for any of his property by fictitious losses or expenses; or shall, within three months before the commencement of proceedings in bankruptcy, under the false color and pretense of carrying on business and dealing in the ordinary course of trade, obtain on credit from any person any goods or chattels with intent to defraud; or shall, with intent to defraud his creditors, within three months next before the commencement of proceedings in bankruptcy, pawn, pledge, or dispose of, otherwise than by bona fide transactions in the ordinary way of his trade, any of his goods or chattels which have been obtained on credit and remain unpaid for, he shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of the United States, shall be punished by imprisonment, with or without hard labor, for a term not exceeding three years.

SEC. 45. . . . That if any judge, register, clerk, marshal, messenger, assignee, or any other officer of the several courts of bankruptcy shall, for anything done or pretended to be done under this act, or under color of doing anything thereunder, wilfully demand or take, or appoint or allow any person whatever to take for him or on his account, or for or on aocount of any other person, or in trust for him or for any other person, any fee, emolument, gratuity, sum of money, or anything of value whatever, other than is allowed by this act, or which shall be allowed under the authority thereof, such person, when convicted thereof, shall forfeit and pay the sum of not less than three hundred dollars and not exceeding five hundred dollars, and be imprisoned not exceeding three years.

SEC. 46.

That if any person shall forge the signature of a judge, register or other officer of the court, or shall forge or counterfeit the seal of the courts, or knowingly concur in using any such forged or counterfeit signature or seal for the purpose of authenticating any proceeding or document, or shall tender in evidence any such proceeding or document with a false or counterfeit signature of any judge, register, or other officer, or a false or counterfeit seal of the court, subscribed or attached thereto, knowing such

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signature or seal to be false or counterfeit, any such person shall be guilty of felony, and upon conviction thereof shall be liable to a fine of not less than five hundred dollars, and not more than five thousand dollars, and to be imprisoned not exceeding five years, at the discretion of the court.]

Where the debtor is found and is served with notice to furnish a schedule of his creditors and fails to do so, the petitioning creditor may apply for an attachment against him. (Orders IX.)

The word "conceal " includes secrete, falsify and mutilate. (Sec. 1—22.) A discharge will be revoked or a composition set aside on a showing that it was induced through fraud. (Secs. 13, 15.)

In order to convict a bankrupt for concealing assets from the assignee it is not necessary to prove demand made by assignee for the assets in question. (United States v. Smith, 13 N. B. R. 61; Fed. Cas. 16339.)

To omit a judgment from a schedule of assets because it never occurred to the bankrupt to place it there, or because he considered it worthless, does not constitute false swearing. (In re Winsor 16 N. B. R. 152; 9 Chi. Leg. News, 402; 2 Cin. Law Bul. 212; Fed. Cas. 17885.) The crime of fraudulently omitting property or effects from a bankrupt schedule is complete when the false schedule is filed. (United States v. Clark, 4 N. B. R. 14; 1 Amer. Law T. Rep. Bankr. 237; 3 Amer. Law T. 226; Fed. Cas. 14806.)

Under the law of 1867 a creditor could contract to refrain from instituting bankruptcy proceedings against a debtor. (Ecker v. McAllister, 17 N. B. R. 42.)

c. A person shall be punished by fine, not to exceed five hundred dollars, and forfeit his office, and the same shall thereupon become vacant, upon conviction of the offense of having knowingly (1) acted as a referee in a case in which he is directly or indirectly interested; or (2) purchased, while a referee, directly or indirectly, any property of the estate in bankruptcy of which he is referee; or (3) refused, while a referee or trustee, to permit a reasonable opportunity for the inspection of the accounts relating to the affairs of, and the papers and records of, estates in his charge by parties in interest when directed by the court so to do.

Referees must not act in cases in which they are directly or indirectly interested, practice as attorneys and counselors at law in any bankruptcy proceedings, or purchase, directly or indirectly, any property of an estate in bankruptcy. (Sec. 39, b.)

d. A person shall not be prosecuted for any offense arising under this Act unless the indictment is found or the informa tion is filed in court within one year after the commission of the offense.

Sec. 30. Rules, forms, and orders.- a. All necessary rules, forms, and orders as to procedure and for carrying this Act into force and effect shall be prescribed, and may be amended from time to time, by the Supreme Court of the United States.

[Act of 1867. SEC. 10. That the Justices of the Supreme Court of the United States, subject to the provisions of this act, shall frame general orders for the following purposes:

For regulating the practice and procedure of the district courts in bankruptcy, and the several forms of petitions, orders, and other proceedings to be used in said courts in all matters under this act;

For regulating the duties of the various officers of said courts;

For regulating the fees payable and the charges and costs to be allowed, except such as are established by this act or by law, with respect to all proceedings in bankruptcy before said courts, not exceeding the rate of fees now allowed by law for similar services in other proceedings;

For regulating the practice and procedure upon appeals; For regulating the filing, custody, and inspection of records; And generally for carrying the provisions of this act into effect.

After such general orders shall have been so framed, they or any of them may be rescinded or varied, and other general orders may be framed in manner aforesaid; and all such general orders so framed shall from time to time be reported to Congress, with such suggestions as said justices may think proper.]

As the object and value of a federal bankruptcy law lies in its uniformity, the course of procedure and forms, in order to their validity, should conform, as nearly as possible, to those promulgated by the Supreme Court of the United States.

The power to establish a system of bankruptcy carries with it the power to establish the details of the system if Congress shall think proper. (Six Penny Savings Bank et al. v. Bank, 10 N. B. R. 399; Fed. Cas. 12919.)

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