Page:United States Statutes at Large Volume 14.djvu/549

 THIRTY-NINTH CONGRESS. SES:}. II. Ch. 176. 1867. 519 Sm, 4. And be it further enacted, That every register in bankruptcy, Itegisters; so appointed and qualified, shall have power, and it shall be his duty, to 3l$‘;§’°“°” we make adjudication of bankruptcy, to receive the surrender of any bank- ` rupt, to administer oaths in all proceedings before him, to hold and preside at meetings of creditors, to take proof of debts, to make all computations of dividends, and all orders of distribution, and to furnish the assignee with a certified copy of such orders, and of the schedules of creditors and assets filed in each case, to audit and pass accounts of assignees, to grant protection, to pass the last examination of any bankrupt in cases whenever the assignee or a creditor do not oppose, and to sit in chambers and despatch there such part of the administrative business of the court and such uncontested matters as shall be defined in general rules and orders, or as the district judge shall in any particular matter direct; and he shall also make short memoranda of his proceedings in Docket. each case in which he shall act, in a docket to be kept by him for that purpose, and he shall forthwith, as the proceedings are taken, fbrward to the clerk of the district court a certified copy of said memoranda, which District clerk. shall be entered by said clerk in the proper minute-book to be kept in his oftice, and any register of the court may act for any other register there- ,n£jPfS*"” *3*5* of: Provided, however, That nothing in this section contained shall iis, C Hinge u` empower a register to commit for contempt, or to hear adisputed adjudi- What registers cation, or any question of the allowance or suspension of an order of m"?' "°°d°‘ discharge; but in all matters where an issue of factor of law is raised Registevsw and contested hy any party to the proceedings before him, it shall be his  Ezuiagf duty to cause the question or issue to be stated by the opposing parties in com-g; writing, and he shall adjourn the same into court for decision by the judge. No register shall be of counsel or attorney, either in or out of ¤<>¢f<> be 0f court, in any suit or matter pending in bankruptcy in either the circuit ;3¥}S°l m my or district court of his district, nor in an appeal therefrom ; nor shall he mir assignee, 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 in the fees or emoluments arising from either of said trusts. The fees of said registers, as established by Fees of regis this act, and by the general rules and orders required to be framed under ms" it, shall he paid to them by the parties for whom the services may be rendered in the course of proceedings authorized by this act. Seo. 5. And be it further enacted, That the judge of the district court District judge may direct a register to attend at any place within the district for the  glmgggggt purpose of hearing such voluntary applications under this act as may not my pim, in disbe opposed, of attending any meeting of creditors, or receiving any proof trick te hear vol- 0f debts, and, generally, for the prosecution of any bankruptcy or other g2:;r}g;l’ph°”" proceedings under this act; and the travelling and incidental expenses of Travelling and such register, and of any clerk or other officer attending him, incurred in i“°lfl°"*“ld°§· so acting, shall be setftlcd] by said court in accordance with the rules {Qmf,;°*i{,3§_ °w prescribed under the tenth section of this act, and paid out of the assets of the estate in respect of which such register has so acted ; or if there be no such assets, or if the assets shall he insufficient, then such expenses shall form a part of the costs in the case or cases in which the register shall have acted in such journey, to be apportioned by the judge, and such register, so acting, shall have and exercise all powers, except the power of commitment, vested in the district court for the summoning and examination of persons or witnesses, and for requiring the production of books, papers and documents: Provided, always, That all depositions of Depositions persons and witnesses taken before said register, and all acts done by ggigggzgsiism htm, shall be reduced to writing, and be signed by him, and shall be filed w,m,,g_ 10 the 0lerk’s office as part of the proceedings. Such register shall be Removers? Subject to removal by the judge of the district court, and all vacancies reeistwt fillirrs 0<>CUl‘1‘ing by suchiremoval, or by resignation, change of residence, death vacancies' or disability, shall be promptly filled by other lit persons, unless said court shall deem the continuance of the particular office unnecessary.