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BANKRUPTCY. other classes, and was repealed in 1803. The next venture in bankruptcy legislation by Con- gress was made in 1841, at the request of in- solvent debtors, who, after the panic of 1837, had become a numerous and influential class. This bill proved no more satisfactory than its predecessor, and it was repealed after a short life of two years. After the repeal of this act no serious attempt was made to pass a Federal bankruptcy law until 1864, when Congressman Jencks, of Rhode Island, introduced a bill upon this subject. His very instructive speech, ex- planatory of its purpose and provisions, is con- tained in the Congressional Globe for 1863-64, at page 2636. The bill met with serious opposi- tion, and did not become a law until June, 1867. In 1874 it was amended in various respects. One of the changes required one-fourth in num- ber and one-third in value of the creditors to unite in an involuntary petition. This made it very difficult for creditors to force a debtor into bankruptcy, and thereafter the proceedings were mainly voluntary. Moreover, the charges upon bankrupt estates under this law were heavy, often exorbitant, and the creditor class was dis- appointed in its workings. Their agitation for its repeal was crowned with success in 1878.

Twenty years elapsed before the fourth and present act was passed by Congress. It was the outcome of a compromise between the friends of a bill fashioned largely after the present English statute, and those who were either opposed to any Federal legislation on the subject, or were anxious to limit such legislation within the nar- rowest possible bounds. Its definition of acts of bankruptcy is much narrower than that of the English statute. Even one who has committed an act of bankruptcy may defeat an adjudication by convincing a jury that the aggregate of his property is, at a fair valuation, sufficient in amount to pay his debts. Its provisions relating to a discharge are very lax, as has been pointed out already. It secures, however, a fairly ex- peditious, convenient, and economical adminis- tration of bankrupt estates. While the Federal district courts have original jurisdiction in bankruptcy, the statute provides for referees, who may perform many of the judicial duties in bankruptcy proceedings, and whose districts are not to extend, as a rule, beyond the limits of a single county, thus making it easy and inex- pensive for suitors to attend court. Consult: Brandenburg, Law of Bankruptcy (2d ed., Chi- cago, 1901); Bump, Law and Practice in Bank- ruptcy (11th ed., Washington, 1898); Baldwin, Concise Treatise Upon the Law of Bankruptcy (8th ed., London, 1900) : Robson, Treatise on the Law of Bankruptcy (7th ed., London, 1894).

BANKS, Sir Joseph (1743-1820), an Eng- lish naturalist. He was born in London, Febni- ary 13, 1743. the only son of William Banks and Sarah, daughter of William Bale, who left him a large fortune. He graduated at Oxford, im- bued with a profound interest in natural history, and it was by his exertions that lectures in natu- ral history were first introduced into that uni- versity. In 1776, after having been elected a fellow of the Royal Society, he began his travels by a journey to Newfoundland and Labrador to collect plants, whence he brought the first scien- tific collections from that region. In 1768-71 he accompanied Cook's expedition round the world in a vessel, the Endeavour, equipped by himself,

in which he visited successively Rio de Janeiro, Cape Horn, Tahiti, New Zealand, Australia, the Malay Archipelago, Cape of Good Hope, and Saint Helena. His friend, the botanist Solander, and two artists accompanied him on this expedition. Botany Bay and the Endeavour River were named at this time, and Cook also gave the name of Banksland to an island south of New Zealand. During this visit to Tahiti, Banks sowed seeds of various Brazilian plants. The death of Dr. Solander long delayed the publication of the manuscripts and plates of the botanical results of the expedition, which were preserved in the British Museum, and finally published in 1900. As one result of this expedition the marsupial fauna of Australia first became known to science. In 1772 Banks explored the Hebrides and Ice- land, and discovered the great geysers of the latter country. He was elected president of the Royal Society in 1778, which office he held for 42 years. While he published little himself, he did much to arouse an interest in natural science in Great Britain, and was a patron and protector of scientists in general. His great collections and library, now preserved in the British Mu- seum, were accessible to naturalists, and were the basis of many important systematic works by Fabricius, Broussonnet, Gärtner, and Robert Brown. He married Dorothea, daughter of Wil- liam Weston-Hugessen. in 1779, but left no chil- dren. He died in Isleworth, January 19, 1820. Consult: Duncan, Short Account of the Life of Sir Joseph Banks (Edinburgh, 1821); Sir Jo- seph Banks and the Royal Society (London, 1846).

BANKS, Louis Albert (1855—). An Ameri- can clergyman and author. He was born at Cor- vallis, Ore., and educated at Philomath College. Ore., and at Boston University. He is pastor of the First Methodist Episcopal Church in Cleve- land, Ohio. In 1893 he was the Prohibition candidate for governor of Massachusetts. His publications include: The People's Christ (1891); The Saloonkeeper's Ledger (1896); Live Boys in Oregon (1897); Immortal Hymns and Their Story (1898); Twentieth Century Knighthood (1900).

BANKS, (1816-94). An American soldier and politician, born at Waltham, Mass., where he received a common-school education, and learned the trade of a machinist. He then edited a local paper; studied law, and was admitted to the bar; served several terms in the Massachusetts Legislature, for part of the time as speaker of the Assembly, and in 1853 was chairman of the Massachusetts Constitutional Convention. In 1853, also, he was elected to Congress by a coalition of the Democrats and Free-Soilers, but soon joined the 'Know-Nothings,' and afterwards identified himself with the newly organized Republican party. During his second term in Congress he was Speaker of the House, having been chosen on the 133d ballot. He was Governor of Massachusetts from 1857 to 1859, and then became president of the Illinois Central Railroad, which position, however, he resigned on the outbreak of the Civil War, to enter the Federal service. He was commissioned major-general of volunteers on May 16, 1861; commanded the Fifth Army Corps along the Upper Potomac and in the Shenandoah Valley in 1861-62, and on March 23, 1862, a part of his army under Shields defeated Jack-