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such meeting, some one in his behalf, shall produce to the meeting a statement showing the whole of his assets and debts, and the names and addresses of the creditors to whom such debts respectively are due. Such resolution, together with the statement of the debtor as to his debtor's statement assets and debts, shall be presented to the court; and the court shall, to be presented to court, and proceed-upon notice to all the creditors of the debtor of not less than five days, ings thereon. 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, and upon being satisfied that the same is for the best interest of all concerned, cause such resolution to be recorded and statement of assets and debts to be filed; and until such record and filing shall have taken place, such resolution shall be of no validity. And any creditor of the debtor may inspect such record and statement at all reasonable 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 taking 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 proceeded with in the same way and with the same consequences as the resolution by which the composition was accepted in the first instance. Provisions of The provisions of à composition accepted by such resolution in purcomposition, upon suance of this section shall be binding on all the creditors whose names whom binding. and addresses and the amounts of the debts due to whom 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 creditors.
Debtor or how to
Where a debt arises on a bill of exchange or promissory note, if the describe debts debtor shall be ignorant of the holder of any such bill of exchange or where holders are promissory note, he shall be required to state the amount of such bill or note, the date on which it falls due, the name of the acceptor and of the person to whom it is payable, and any other particulars within his knowledge respecting the same; and the insertion of such particulars shall be deemed a sufficient description by the debtor in respect to such debt.
- how may correct Any mistake made inadvertently by a debtor in the statement of his mistakes in state- debts may be corrected upon reasonable notice, and with the consent of a general meeting of his creditors.
Composition to Every such composition shall, subject to priorities declared in said provide for pro- act, provide for a pro-rata payment or satisfaction, in money, to the rata payment, &c. creditors of such debtor in proportion to the amount of their unsecured debts, or their debts in respect to which any such security shall have been duly surrendered and given up.
- how enforced.
- rules in relation
- may be set aside or not confirmed by court, &c.
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 disobedi ence of the order of the court made on such motion shall be deemed to be a contempt of court.
Rules and regulations of court may be made in relation to proceedings to, may be made of composition herein provided for in the same manner and to the same by court. extent as now provided by law in relation to proceedings in bankruptcy. If it shall at any time appear to the court, on notice, satisfactory evidence, and hearing, that a composition under this section cannot, in consequence of legal difficulties, or for any sufficient cause, proceed without injustice or undue delay to the creditors or to the debtor, the court may refuse to accept and confirm such composition, or may set the same aside; and, in either case, the debtor shall be proceeded with as a bankrupt in conformity with the provisions of law, and proceedings may be had accordingly; and the time during which such composition shall have been in force shall not, in such case, be computed in calculating periods of time prescribed by said act.
SEC. 18. That from and after the passage of this act the fees, com- Fees reduced missions, charges, and allowances, excepting actual and necessary dis- one-half until Subursements, of, and to be made by the officers, agents, marshals, mes- preme Court makes sengers, assignees, and registers in cases of bankruptcy, shall be re- R. S., §§ 4990, duced to one-half of the fees, commissions, charges, and allowances 5124-5127. 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 Supreme Court regulations, to simplify and, so far as in their judgment will conduce to to simplify and the benefit of creditors, to consolidate the duties of the register, assignee, of officers. marshal, and clerk, and to reduce fees, costs, and charges, to the end that prolixity, delay, and unnecessary expense may be avoided.
And no register or clerk of court, or any partner or clerk of such regis ter or clerk of court, or any person having any interest with either in any fees or emoluments in bankrupety, or with whom such register or clerk of court shall have any interest in respect to any matter in bankruptcy, shall be of counsel, 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.
Who are prohibited from being
counsel in bank
ruptcy cases, &c.
R. S., § 4996.
Nor shall they, or either of them, be executor, administrator, guard- and from being ian, commissioner, appraiser, divider, or assignee of or upon any estate executors, guardwithin the jurisdiction of either of said courts of bankruptcy; nor be ians, &c. interested, directly or indirectly, in the fees or emoluments arising from either of said trusts.
And the words (2) "except such as are established by this act or by law", in section ten of said act, are hereby repealed.
Power of Supreme Court to regulate fees. R. S., § 4990. Marshal to report annually to
clerk of district
SEC. 19. 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 court. 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 disbursements in bankruptcy, received or earned for such year.
Fifthly, a summarized statement of all actual disbursements in such cases for such
R. S., §§776-792.
And in like manner, every register shall, in the same month and for Register's rethe 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;
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;
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. NOTE. (2) That part of the act of 1867, ch. 176, § 10 (14 Stat. L., 521), here repealed, is in Revised Statutos, § 4990.
R. S., § 4998.
R. S., § 5058.
Clerk to make
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;
Eighthly, a summarized statement of both classes as aforesaid.
And in like manner, the clerk of said court, in the month of August annual statement. in each year, shall make up a statement for such year, ending June
to report cases begun.
-to make state
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 ment of fees, &c. 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.
Reports, &c., to be signed and
- to be transmit
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 said month of August, transmit every such ted by clerk to statement and report so filed with him, together with his own statement Attorney-General. and report aforesaid, to the Attorney-General of the United States. Penalty for vio- Any person who shall violate the provisions of this section shall, on lating provisions of motion made, under the direction of the Attorney-General, be by the R. S., § 5012, 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.
SEC. 20. That in addition to the officers now authorized to take proof may take proof of of debts against the estate of a bankrupt, notaries public are hereby authorized to take such proof, in the manner and under the regulations
07. S., 1778, provided by law; such proof to be certified by the notary and attested 1876, Aug. 15,ch. by his signature and official seal.
Repeal of incou- SEC. 21. That all acts and parts of acts inconsistent with the provisions sistent provisions. of this act be, and the same are hereby, repealed. [June 22, 1874.] Act of 1867, ch.
176 (14 Stat. L.,
June 22, 1874.
18 Stat. L., 186.
AN ACT TO AMEND THE CUSTOMS-REVENUE LAWS AND TO REPEAL MOIETIES.
- where no judicial proceedings, to be proved to Secretary of Treasury.
7. Officer receiving part of informer's fees, except in cases of smuggling, prohibited; penalty.
-action against, to recover money so paid may be had.
District attorney; when to prosecute, &c. 16. Issue whether alleged acts were done with intent to defraud to be determined by jury.
-or by judge in certain cases.
Penalty not to be imposed unless fraudulent
Proceedings for relief of persons charged
8. Officers and persons claiming compensation and defendants may be witnesses. Importers, &c., to make invoices to accompany all importations, except, &c.
summary hearing in, before whom to be
or affidavit in absence of certified invoices, showing cost and value.
-failing to so produce letters, &c., cannot afterwards avoid penalty by their production.
12. Defrauding or attempting to defraud by false invoices, &c., how punished; forfeiture, &c. Entire invoice not to be forfeited on account of undervaluation of items.
13. Merchandise entered in violation of preceding section may be scized and held for payment of fine, &c.
-may be released on giving bond and paying or securing duties.
14. Omission to add to market value cost of packing, shipping, &c., without fraudulent intent, not to cause forfeiture.
-to be supplied by collector or appraiser, &c., with one hundred per cent. additional, and duties collected thereon.
15. Customs officers detecting violations to report to collector, who shall report to district attorney.
Be it enacted, &c.
Officers compromising or abating claims for
Secretary of Treasury may remit fincs, &c.
21. Settlements as to duties, after one year, in
22. Suits for penalties and forfeitures under cus-
23. Annual salaries to certain customs officers in
24. Secretary of Treasury to regulate bonded
Customs officers not to be interested in ware-
[SECTION 1], That the thirty-ninth section of the act entitled (1) "An act further to prevent smuggling, and for other purposes," approved July eighteenth, eighteen hundred and sixty-six; and the second section of the act entitled "An act to regulate the disposition of the proceeds of fines, penalties, and forfeitures incurred under the laws relating to the customs, and for other purposes," approved March second, eighteen hundred and sixty-seven, be, and the same are hereby, repealed.
SEC. 2. That all provisions of law under which moieties of any fines, penalties, or forfeitures, under the customs-revenue laws, or any share therein, or commission thereon, are paid to informers, or officers of customs, or other officers of the United States, are hereby repealed; and from and after the date of the passage of this act the proceeds of all such fines, penalties, and forfeitures shall be paid into the Treasury of the United States.
Seizure of books, &c., in case of suspected smuggling R. S., $$ 30913093.
Moieties to in
Compensation to be allowed for de
tection of smug-
SEC. 3. That it shall hereafter be the duty of the Secretary of the Treasury, out of any money specifically appropriated by Congress, to make suitable compensation in certain cases under the customs-revenue laws, as hereinafter provided, and not otherwise; and for the purpose of making such compensation for the next fiscal year, the sum of one hundred thousand dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated; and he shall annually report to Congress, in detail, all payments by him for such purpose. SEC. 4. That whenever any officer of the customs or other person shall to officers and detect and seize goods, wares, or merchandise, in the act of being smug- others for detectgled, or which have been smuggled, he shall be entitled to such com- ing and seizing in pensation therefor as the Secretary of the Treasury shall award, not exceeding in amount one-half of the net proceeds, if any, resulting from such seizure, after deducting all duties, costs, and charges connected therewith:
act of being smuggled.
Provided, That for the purposes of this act smuggling shall be construed to mean the act, with intent to defraud, of bringing into the fined for this act. United States, or, with like intent, attempting to bring into the United 13 Blatch., 185. States, dutiable articles without passing the same, or the package containing the same, through the custom house, or submitting them to the officers of the revenue for examination.
NOTE (1) The provisions of the act of 1866, ch. 201, and 1867, ch. 188 (14 Stat. L., 187, 547), referred to in this act, are incorporated into Revised Statutes in the sections noted in the margin.
Compensation to And whenever any person not an officer of the United States shall informers who are furnish to a district attorney, or to any chief officer of the customs, orignot officers.
14 Blatch., 554.
inal information concerning any fraud upon the customs-revenue, perpetrated or contemplated, which shall lead to the recovery of any duties withheld, or of any fine, penalty, or forfeiture incurred, whether by importers or their agents, or by any officer or person employed in the customs-service, such compensation may, on such recovery, be paid to such person so furnishing information as shall be just and reasonable, not exceeding in any case the sum of five thousand dollars; which compensation shall be paid, under the direction of the Secretary of the Treasury, out of any money appropriated for that purpose.
Books, invoices, SEC. 5. That in all suits and proceedings other than criminal arising and papers re- under quired in civil of the revenue-laws of the United States, the attorney represuits under reve-senting the Government, whenever, in his belief, any business-book, innue-laws, how ob- voice, or paper, belonging to or under the control of the defendant or claimant, will tend to prove any allegation made by the United States, may make a written motion, particularly describing such book, invoice, or paper, and setting forth the allegation which he expects to prove; and thereupon the court in which suit or proceeding is pending may, at its discretion, issue a notice to the defendant or claimant to produce such book, invoice, or paper in court, at a day and hour to be specified in said notice, which, together with a copy of said motion, shall be served formally on the defendant or claimant by the United States marshal by delivering to him a certified copy thereof, or otherwise serving the same as original notices of suit in the same court are served;
-failure to produce.
-examination of, when produced.
-custody of, by owner or agent.
Claim of informer where judicial proceedings, instituted to be certified by court.
And if the defendant or claimant shall fail or refuse to produce such book, invoice, or paper in obedience to such notice, the allegations stated in the said motion shall be taken as confessed unless his failure or refusal to produce the same shall be explained to the satisfaction of the court.
And if produced, the said attorney shall be permitted, under the direction of the court, to make examination (at which examination the defendant or claimant, or his agent, may be present) of such entries in said book, invoice, or paper as relate to or tend to prove the allegation aforesaid, and may offer the same in evidence on behalf of the United States.
But the owner of said books and papers, his agent or attorney, shall have, subject to the order of the court, the custody of them, except pending their examination in court as aforesaid.
SEC. 6. That no payment shall be made to any person furnishing information in any case wherein judicial proceedings shall have been instituted, unless his claim to compensation shall have been established to the satisfaction of the court or judge having cognizance of such proceedings, and the value of his services duly certified by said court or judge for the information of the Secretary of the Treasury; but no certificate of the value of such services shall be conclusive of the amount thereof.
-where no judi- And when any fine, penalty, or forfeiture shall be collected without cial proceedings, to judicial proceedings, the Secretary of the Treasury shall, before directretary of Treasury, ing payment to any person claiming such compensation, require satisfactory proof that such person is justly entitled thereto.
part of informer's
. Officer receiving SEC. 7. That except in cases of smuggling as aforesaid, it shall not fees, except in be lawful for any officer of the United States, under any pretense whatcases of smug-ever, directly or indirectly, to receive, accept, or contract for any porgling, prohibited; tion of the money which may, under any of the provisions of this or penalty.
any other act, accrue to any such person furnishing information; and any such officer who shall so receive, accept, or contract for any portion of the money that may accrue as aforesaid shall be guilty of a misdemeanor, and, on conviction thereof, shall be liable to a fine not exceeding five thousand dollars, or imprisonment for not more than one year, or both, in the discretion of the court, and shall not be thereafter eligible to any office of honor, trust, or emolument.