US Bankruptcy Act of 1867

Bankruptcy Act of 1867


[see Edgar M Gregory and his bankruptcy filing under this act]

Act amending the bankruptcy Act of 1867

[Statutes at Large, 40th Congress, 2nd Session, volume 15, chapter 258, pages 227-228]

CHAP. CCLVIII.--An Act in Amendment of an Act entitled "An Act to establish a uniform System of Bankruptcy throughout the United States," approved March second, eighteen hundred and sixty-seven.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of second clause of the thirty-third section of said act shall not apply to the cases of proceedings in bankrup[t]cy commenced prior to the first day of January, eighteen hundred and sixty-nine, and the time during which the [page 228] operation of the provisions of said clause is postponed shall be extended until said first day of January, eighteen hundred and sixty-nine. And said clause is hereby so amended as to read as follows: In all proceedings in bankruptcy commenced after the first day of January, eighteen hundred and sixty-nine, no discharge shall be granted to a debtor whose assets shall not be equal to fifty per centum of the claims proved against his estate upon which he shall be liable as the principal debtor, unless the assent in writing of a majority in number and value of his creditors to whom he shall have become liable as principal debtor, and who shall have proved their claims, be filed in the case at or before the time of the hearing of the application for discharge.

SEC. 2. And be it further enacted, That said act be further amended as follows: The phrase "presented or defended," in the fourteenth section of said act shall read "prosecuted or defended"; the phrase "non-resident debtors" in line five, section twenty-two, of the act as printed in the Statutes at Large, shall read "non-resident creditors"; that the word "or" in the next to the last line of the thirty-ninth section of the act shall read "and"; that the phrase "section thirteen" in the forty-second section of said act shall read "section eleven"; and the phrase "or spends any part thereof in gaming" in the forty-fourth section of said act shall read "or shall spend any part thereof in gaming"; and that the words "with the senior register, or" and the phrase "to be delivered to the register" in the forty-seventh section of said act be stricken out.

SEC. 3. And be it further enacted, That registers in bankruptcy shall have power to administer oaths in all cases and in relation to all matters in which oaths may be administered by commissioners of the circuit courts of the United States, and such commissioners may take proofs of debts in bankruptcy in all cases, subject to the revision of such proofs by the register and by the court according to the provisions of said act.

APPROVED, July 27, 1868.


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revised 27 June 10
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