Page:United States Statutes at Large Volume 14.djvu/550

 520 THIRTY-NINTH CONGRESS. Sess. II. Ch. 176. 1867. Dm-ing pro- Sec. 6. And be it further enacted, That any party shall, during the pm), gay like trict judge upon any point or matter arising m the course of such pm. rbe qpi¤_i¤¤ ¤F ceedings, or upon the result of such proceedings, which shall be stated by £§;;'°:f;g;i,?ml, the register in the shape of a short certificate to the judge, who shall sign nrisingtiiereiur the same if he approve thereof; and such certificate, so sigued,shul1 be su5;°;:;g¤E$¤¤ binding on all the parties to the proceeding; but every such certificate ' may be discharged or varied by the Judge at chambers or in open court. In any bankruptcy, or in any other proceedings within the jurisdiction of the court, under this act, the parties concerned, or submitting to such jurisdiction, may at any stage of the proceedings, by consent, state any question or questions in a special case for the opinion of the court, and the judgment Judgment of of the court shall be final unless it be agreed and stated in such special ’ by this act. The parties may also, if they think fit, agree, that upon the »\g*<>¢m¢¤*¤ i¤ question or questions raised by such special case being iinally decided, a smcml °””' sum of money, fixed by the parties, or to be ascertained by the oourt,or in such manner as the court may direct, or any property, or the amount of any disputed debt or claim, shall be paid, delivered, or transferred by one of such parties to the other of them either with or without costs. Parties and Sec. 7. And be it further enacted, That parties and witnesses sum- Wi¤*6S$°S?¤f*¤· moned before a register shall be bound to attend in pursuance of such tend, &c. protection, and be liable to process of contempt in like manner as parties C°“*°mP*· and witnesses are now liable thereto in case of default in attendance under ljenalty for any writ of subpoena, and all persons wilfully and corruptly swearing or af- P°'J“'Y· firming falsely before a register shall be liable to all the penalties, punish- Persons refus- ments, and consequences of perjury. If any person examined before a l"¥· &°‘ *9 °}’°Y revister shall refuse or decline to answer, or to swear to or sim his examorder of icgister _ ¤, _ ¤ _ to bg Wye,-md to mation when taken, the register shall refer the matter to the Judge, who l¤dS°· shall have power to order the person so acting to pay the costs thereby occasioned, if such person be compellable by law to answer such question or to sign such examination, and such person shall also be liable to be punished for contempt. OF APPEALS AND PRACTICE. appeals and Sec. 8. And be it further enacted, That appeals may be taken from the "ms °f °"°r· district to the circuit courts in all cases in equity, and writs of error may be allowed to said circuit courts from said district courts in cases at law under the jurisdiction created by this act, when the debt or damages claimed amount to more than five hundred dollars, and any supposed creditor, whose claim is wholly or in part rejected, or an assignee who is dissatisfied with the allowance of a claim may appeal from the decisd_£x}r>:% ¥°}'<>m ion of the district court to the circuit court from the same district; but c;mr:;)urtf“` no appeal shall be allowed in any case from the district to the circuit court unless it is claimed, and notice given thereof to the clerk of the district court, to be entered with the record of the proceedings, and also to the assignee or creditor, as the case may be, or to the defeated party in equity, within ten days after the entry of the decree or decision apwhcn to been_ pealed from. The appeal shall be entered at the term of the circuit tiered; court which shall be first held within and for the district next after the expiration of ten days from the time of claiming the same. But if the appellant in writing waives his appeal before any decision thereon, pro· ¤‘9¤Y b¤ ceedings may be had in the district court as if no appeal had been taken; `""°d' and no appeal shall be allowed unless the appellant at the time of claiming the same shall give bond in man[ner] now required by law in cases Writ of mor. of such appeals. No writ of error shall be allowed unless the party claiming it shall comply with the statutes iegulating the granting of such write. No appeal or Sec. 9. And be it further enacted, That in cases arising under this act
 * `§?s‘l;¤;$S;;’d°*` proceedings before a register, be at liberty to take the opinion of the di;.
 * ‘;';;s*°8;’; 6““]· case that either party may appeal, if} in such case, an appeal is allowed
 * °;;';(rb§,<;; summons at the place and time designated therein, and shall be entitled to