2 Mar. 1867 40. Proceedings on the petition. Injunctions. Arrest of debtor. Service of order to show cause. Ibid. 41. Proceedings on 88. Upon the filing of the petition authorized by the next preceding section, if it shall appear that sufficient grounds exist therefor, the court shall direct the entry of an order, requiring the debtor to appear and show cause, at a court of bankruptcy to be holden at a time to be specified in the order, not less than five days from the service thereof, why the prayer of the petition should not be granted; and may also, by its injunctions, restrain the debtor, and any other person, in the meantime, from making any transfer or disposition of any part of the debtor's property, not excepted by this act from the operation thereof, and from any interference therewith. (a) 89. And if it shall appear that there is probable cause for believing that the debtor is about to leave the district or to remove or conceal his goods and chattels or his evidence of property, or make any fraudulent conveyance or disposition thereof, the court may issue a warrant to the marshal of the district, commanding him to arrest the alleged bankrupt and him safely keep, unless he shall give bail to the satisfaction of the court, for his appearance from time to time, as required by the court, until the decision of the court upon the petition, or the further order of the court, (b) and forthwith to take possession provisionally of all the property and effects of the debtor, and safely keep the same until the further order of the court. 90. A copy of the petition and of such order to show cause shall be served on such debtor, by delivering the same to him personally, or leaving the same at his last or usual place of abode; or, if such debtor cannot be found, or his place of residence ascertained, service shall be made by publication in such manner as the judge may direct. No further proceedings, (c) unless the debtor appear and consent thereto, shall be had, until proof shall have been given, to the satisfaction of the court, of such service or publication; and if such proof be not given on the return day of such order, the proceedings shall be adjourned, and an order made that the notice be forthwith so served or published. 91. On such return day, or adjourned day, if the notice has been duly served or published, or shall be waived by the appearance and consent of the debtor, (d) the return of order. court shall proceed summarily to hear the allegations of the petitioner and debtor, (e) and may adjourn the proceedings from time to time, on good cause shown; and shall, if the debtor, on the same day, so demand in writing,(g) order a trial by jury at the first term of the court at which a jury shall be in attendance, to ascertain the fact of such alleged bankruptcy; and if upon such hearing or trial, (h) the debtor proves to the satisfaction of the court or of the jury, as the case may be, that the facts set forth in the petition are not true, or that the debtor has paid and satisfied all liens upon his property, in case the existence of such liens were the sole ground of the proceeding, the proceedings shall be dismissed and the respondent shall recover costs. Ibid. 42. Decree of bankruptcy. 92. If the facts set forth in the petition are found to be true, or if default be made by the debtor to appear pursuant to the order, upon due proof of service thereof being made, the court may adjudge the debtor to be a bankrupt, and, as such, subject to the provisions of this act, and shall forthwith issue a warrant to take possession of the estate of the debtor. The warrant shall be directed, and the property of the debtor shall be taken thereon, and shall be assigned and distributed in the same manner and with similar proceedings to those herein before provided for the taking possession, assignment and distribution of the property of the debtor upon his own petition.(i) The order of adjudication of bankruptcy shall require the bankrupt forthwith, or within such number of days, not exceeding five after the date of the order or notice thereof, as shall by the order be prescribed, to make and deliver, or transmit by mail, post-paid, to the messenger, a schedule of the creditors and an inventory of his estate (a) The district court in bankruptcy may enjoin a judgmentcreditor from proceeding in a state court. Ex parte Reed, 24 Leg. Int. 196: s. c. 6 Int. R. Rec. 21; Ex parte Jacoby, Ibid. 149; Ex parte Metcalf, Ibid. 223; Irving v. Hughes, 16 Am. L. R. 209. But see Ex parte Campbell, 16 Am. L. R. 100; s. c. 6 Int. R. Rec. 174; Ex parte Burns, 16 Am. L. R. 105; 8. c. 6 Int. R. Rec. 182; Ex parte Donaldson, 16 Am. L. R. 213; Ex parte Hazleton, 2 Bank. Reg. 12; Ex parte Hirsch, Ibid. 1. An injunction may be issued, under this clause, without notice. Ex parte Muller, 2 Am. L. T. Bank. 33; and where the alleged act of bankruptey is denied, a jury trial ordered, and an injunction awarded to restrain any disposition of the debtor's property in the meantime, such injunction will not be dissolved, on affidavits, before trial. Ex parte Metzler, 1 Ben. 356. (b) As soon as this act went into operation, it, ipso facto, suspended all action upon future cases arising under the state insolvent laws. Commonwealth v. O'Hara, 6 Int. R. Rec. 125; s. c. 15 Am. L. R. 765; Day v. Bardwell, 97 Mass. 246; Van Nostrand v. Barr. 2 Bank. Reg. 154; Tobin r. Trump, 26 Leg. Int. 317. But Bee Meeking r. Creditors, 19 La. An. 497; Ex parte Hawkins, 17 Am L. R. 205; Sedgwick v. Place, 1 Bank Reg. 204. This is intended of proceedings upon the petition and against the debtor; not of collateral proceedings by or against third persons, or even the debtor. Ex parte Muller, 2 Am. L. T. Bank. 33. (d) A debtor not served may appear by attorney and waive any other notice. Ex parte Weyhausen. 1 Ben. 397. (e) An answer to the petition of creditors denying the corumission of the acts of bankruptcy, and averring that the debtors should not be declared bankrupt for any cause therein alleged, amounts to a general issue, and no replication is necessary. parte Dunham, 2 Bank. Reg 9. If the debtors withdraw their appearance, and suffer a default, it is not an admission of the truth of the allegations contained in the petition. Ex parte Lathrop, 3 Bank. Reg. 11. (g) A response to the rule to show cause, which denies the acts of bankruptcy charged in the petition, and demands a trial by jury, is sufficient, without a formal answer. Phelps e. Clasen, 2 West. Jur. 221. See Ex parte Sutherland, 1 Bank. Reg. 140; Ex parte Pupke, 1 Ben. 342. (h) The burden of proof is on the creditor; he must establish the debt. before giving evidence of acts of bankruptcy. Brock v. Hoppock, 2 Bank. Reg. 2. (i) Where there is no opposition, a discharge may be granted to an involuntary bankrupt. Ex parte Clark, 3 Bank. Reg. 3. in the form and verified in the manner required of a petitioning debtor by section "eleven."(a) 2 March 1867. default of appear ance. 93. If the debtor has failed to appear in person, or by attorney, a certified copy of Proceedings in the adjudication shall be forthwith served on him, by delivery or publication in the manner hereinbefere provided for the service of the order to show cause; and if the bankrupt is absent or cannot be found, such schedule and inventory shall be prepared by the messenger and the assignee, from the best information they can obtain. If the petitioning creditor shall not appear and proceed on the return day, or adjourned day, the court may, upon the petition of any other creditor, to the required amount, proceed to adjudicate on such petition, without requiring a new service or publication of notice to the debtor. XIV. OF THE SUPERSEDEAS. 14 Stat. 538. 94. If, at the first meeting of creditors, or at any meeting of creditors to be 2 Mar. 1867 ? 43. specially called for that purpose,(b) and of which previous notice shall have been given, for such length of time and in such manner as the court may direct, three- Proceedings may be superseded by fourths in value of the creditors, whose claims have been proved, shall determine and agreement of resolve that it is for the interest of the general body of the creditors that the estate creditors. of the bankrupt should be wound up and settled, and distribution made among the creditors by trustees, under the inspection and direction of a committee of the creditors, it shall be lawful for the creditors to certify and report such resolution to the court, and to nominate one or more trustees to take and hold, and distribute the estate, Nomination of under the direction of such committee. trustees. 95. If it shall appear to the court, after hearing the bankrupt and such creditors as Court to confirm. may desire to be heard, (c) that the resolution was duly passed, and that the interests on filing cons-ut of the creditors will be promoted thereby, it shall confirm the same; (d) and upon the Estate to be conexecution and filing, by or on behalf of three-fourths in value of all the creditors veyed to trustees whose claims have been proved, of a consent that the estate of the bankrupt be wound of creditors. up and settled by said trustees according to the terms of such resolution, the bankrupt, or his assignee in bankruptcy, if appointed, as the case may be, shall, under the direction of the court, and under oath, convey, transfer and deliver all the property and estate of the bankrupt to the said trustee or trustees, who shall, upon such conveyance and transfer, have and hold the same in the same manner, and with the same powers and rights, in all respects, as the bankrupt would have had or held the same if no proceedings in bankruptcy had been taken, or as the assignee in bankruptcy would have done had such resolution not been passed; and such consent and the proceedings thereunder shall be as binding in all respects on any creditor whose debt is provable, who has not signed the same, as if he had signed it, and on any creditor whose debt, if provable, is not proved, as if he had proved it; and the court, by Jurisdiction of order, shall direct all acts and things needful to be done to carry into effect such the court over resolution of the creditors; and the said trustees shall proceed to wind up and settle the estate under the direction and inspection of such committee of the creditors, for the equal benefit of all such creditors, and the winding up and settlement of any estate under the provisions of this section shall be deemed to be proceedings in bankruptcy under this act; and the said trustees shall have all the rights and powers of Powers of trusassignees in bankruptcy. the trustees. tees. the bankrupt 96. The court, on the application of such trustees, shall have power to summon Examination of and examine, on oath or otherwise, the bankrupt and any creditor, and any person and others. indebted to the estate, or known or suspected of having any of the estate in his possession, or any other person whose examination may be material or necessary to aid the trustees in the execution of their trust, and to compel the attendance of such persons and the production of books and papers, in the same manner as in other proceedings in bankruptcy under this act; and the bankrupt shall have the like right to apply Discharge. for and obtain a discharge, after the passage of such resolution and the appointment of such trustees, as if such resolution had not been passed, and as if all the proceedings had continued in the manner provided in the preceding sections of this act. ings in bank 97. If the resolution shall not be duly reported, or the consent of the creditors shall When proceednot be duly filed, or if, upon its filing, the court shall not think fit to approve thereof, ruptey to be rethe bankruptcy shall proceed as though no resolution had been passed, and the court sumed. may make all necessary orders for resuming the proceedings. And the period of time which shall have elapsed between the date of the resolution and the date of the order (a) So amended by act 27 July 1868. 15 Stat. 228. (6) After an assignee has been appointed, at a subsequent meeting of creditors, they may make an arrangement by trust deed, to have the assignee removed and a trustee appointed in his stead. Ex part Jones, 2 Bank. Reg. 20. (c) In case of opposition, the creditors are the moving parties Ex parte The American Water-proof Cloth Co., 1 Ben. 526. (d) It is a substantial objection to the approval of the resolu tion, that a committee was composed of two only, one of whom is the trustee. Ex parte Stillwell, 2 Bank. Reg. 164. 2 March 1867. for assuming proceedings shall not be reckoned in calculating periods of time prescribed by this act. 2 March 186744. 14 Stat. 539. Penalty for fraudulent con cealment of pro perty, documents, &c. Frandulent conveyances. Gaming. Omissions from schedules. XV. PENAL CLAUSES. 98. From and after the passage of this act, if any debtor or bankrupt shall, after the commencement of proceedings in bankruptcy, secrete or conceal any property belonging to his estate, or part with, conceal or destroy, alter, mutilate or falsify, or cause to be concealed, destroyed, altered, mutilated or falsified, any book, deed, document or writing relating thereto, or remove, or cause to be removed, the same or any part thereof, out of the district, or otherwise dispose of any part thereof, with intent to prevent it from coming into the possession of the assignee in bankruptcy, or to hinder, impede or delay either of them in recovering or receiving the same: Or make any payment, gift, sale, assignment, transfer or conveyance of any property belonging to his estate, with the like intent, or "shall spend" (a) any part thereof in gaming; or shall, with intent to defraud, wilfully and fraudulently conceal from his assignee, or omit from his schedule, any property or effects whatsoever; or if, in Fictitious claims case of any person having, to his knowledge or belief, proved a false or fictitious debt against his estate, he shall fail to disclose the same to his assignee within one month after coming to the knowledge or belief thereof; or shall attempt to account for any of his property by fictitious losses or expenses: and losses. Fraudulently ob- Punishment on conviction. Ibid. 245. Punishment of extortion, &c. Ibid. 46. Punishment of forgery, &c. 2 Mar. 1867 47. 14 Stat. 540. Or shall, within three months before the commencement of proceedings in bankruptcy, under the false color and pretence of carrying on business and dealing in the ordinary course of trade, obtain on credit from any person any goods or chattels, with intent to defraud; or shall, with intent to defraud his creditors, within three months next before the commencement of proceedings in bankruptcy, pawn, pledge or dispose of, otherwise than by bonâ fide transactions in the ordinary way of his trade, any of his goods or chattels which have been obtained on credit and remain unpaid for, he shall be deemed guilty of a misdemeanor; and, upon conviction thereof in any court of the United States, shall be punished by imprisonment, with or without hard labor, for a term not exceeding three years. 99. If any judge, register, clerk, marshal, messenger, assignee or any other officer of the several courts of bankruptcy shall, for anything done or pretended to be done under this act, or under color of doing anything thereunder, wilfully demand or take, or appoint or allow any person whatever to take for him, or on his account, or for or on account of any other person, or in trust for him or for any other person, any fee, emolument, gratuity, sum of money or anything of value whatever, other than is allowed by this act, or which shall be allowed under the authority thereof, such person, when convicted thereof, shall forfeit and pay the sum of not less than three hundred dollars and not exceeding five hundred dollars, and be imprisoned not exceeding three years. 100. If any person shall forge the signature of a judge, register or other officer of the court, or shall forge or counterfeit the seal of the courts, or knowingly concur in using any such forged or counterfeit signature or seal, for the purpose of authenticating any proceeding or document, or shall tender in evidence any such proceeding or document with a false or counterfeit signature of any such judge, register or other officer, or a false or counterfeit seal of the court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, any such person shall be guilty of felony; and upon conviction thereof shall be liable to a fine of not less than five hundred dollars, and not more than five thousand dollars, and to be imprisoned not exceeding five years, at the discretion of the court. XVI. FEES AND COSTS. 101. In each case there shall be allowed and paid, in addition to the fees of the clerk of the court as now established by law, (b) or as may be established by general Clerks' and regis- order, under the provisions of this act, for fees in bankruptcy, the following fees, which shall be applied to the payment for the services of the registers : ters' fees. For issuing every warrant, two dollars.(c) For each day in which a meeting is held, three dollars. (d) For each order for a dividend, three dollars. For every order substituting an arrangement by trust deed for bankruptcy, two dollars. (a) So amended by act 27 July 1868. 15 Stat. 228. (b) The clerk is entitled to a fee of one dollar for an order for the bankrupt's examination; but he is not entitled to such fee for an order of reference. Ex parte Dean, 1 Bank. Reg. 26. (c) The register is not entitled to any fee, for the list of creditors accompanying the warrant. Ex parte Robinson, 1 Bank. Reg. 49. (d) Where more than one meeting of creditors is held in the same case, in one day, the register is only entitled to three dollars. Ex parte Robinson, 1 Bank. Reg. 49. The term "meeting," means a meeting of creditors. Ex parte Macintire, 1 Ben. 277; but see Ex parte Sherwood, 25 Leg. Int. 76; s. c. 1 Bank. Reg. 74. For every bond with sureties, two dollars. For every application for any meeting in any matter under this act, one dollar.(a) a sum not exceeding five dollars, to be allowed by the court. For taking depositions, the fees now allowed by law. For every discharge, when there is no opposition, two dollars. 2 March 1867. Such fees shall have priority of payment over all other claims out of the estate, (c) Priority of costs. and, before a warrant issues, the petitioner shall deposit * * with the clerk, (d) * * fifty dollars, as security for the payment thereof.(e) And if there are not sufficient assets for the payment of the fees, the person upon whose petition the warrant is issued, shall pay the same, and the court may issue an execution against him to compel payment to the register.(g) 102. Before any dividend is ordered, the assignee shall pay out of the estate to the Messengers' fees. messenger the following fees, and no more : I. For service of warrant, two dollars. II. For all necessary travel, at the rate of five cents a mile each way. III. For each written note to creditor named in the schedule, ten cents. IV. For custody of property, publication of notices, (h) and other services, his actual and necessary expenses upon returning the same, in specific items, and making oath that they have been actually incurred and paid by him, and are just and reasonable; the same to be taxed or adjusted by the court, and the oath of the messenger shall not be conclusive as to the necessity of said expenses. For cause shown, and upon hearing thereon, such further allowance may be made, as the court, in its discretion, may determine. tablished. 103. The enumeration of the foregoing fees shall not prevent the judges, who shall Tariff of other frame general rules and orders in accordance with the provisions of section ten, from fees may be es prescribing a tariff of fees for all other services of the officers of courts of bankruptcy, or from reducing the fees prescribed in this section, in classes of cases to be named in Fees may be their rules and orders.(i) XVII. MISCELLANEOUS PROVISIONS. reduced. 2 Mar. 1867 ? 38. 14 Stat. 535. Filing petition to be commencement of procee-1ings. 104. The filing of a petition for adjudication in bankruptcy, either by a debtor in his own behalf, or by any creditor against a debtor, upon which an order may be issued by the court, or by a register in the manner provided in section four, shall be deemed and taken to be the commencement of proceedings in bankruptcy under this act. 105. The proceedings in all cases of bankruptcy shall be deemed matters of record, but the same shall not be required to be recorded at large, but shall be carefully filed, Records. kept and numbered in the office of the clerk of the court, and a docket only, or short memorandum thereof, kept in books to be provided for that purpose, which shall be open to public inspection. Copies of such records, duly certified under the seal of the court, shall in all cases be prima facie evidence of the facts therein stated. 106. Evidence or examination in any of the proceedings under this act may be taken Affidavits and before the court, or a register in bankruptcy, viva voce or in writing before a commissioner of the circuit court, or by affidavit, or on commission; and the court may direct a reference to a register in bankruptcy, or other suitable person, to take and (2) Whenever the register orders a meeting of creditors, he is entitled to this fee. Ex parte Dean, 1 Bank. Reg. 26; but see Ex parte Robinson, Ibid. 49. (b) The register is entitled to $5 per diem while acting under an order to examine and report upon the regularity of the papers. Ex parte Dean, 1 Bank. Reg. 26; Ex parte Robinson, Ibid. 49. Ex parte Bellamy, 1 Ben. 426. But where the bank rupt appears, in pursuance of an order for his examination, which is postponed without action, the register is not entitled to the fee for a day's service. Ex parte Clark, 6 Int. R. Rec. 206. The order of reference is not a special one. Ex parte Dean, 1 Bank. Reg. 26; Ex parte Robinson, Ibid. 49; Ex parte Sherwood, 25 Leg. Int. 76; s. c. 1 Bank. Reg. 74. (C) A lien-creditor is entitled to the proceeds of the property bound by his lien. after deducting the cost only of proving the lien. Ex parte Hambright, 2 Bank. Reg. 157; s. c. 2 Am. L. T. Bank. 61. See Ex parte Whitehead, 2 Bank. Reg. 180. (d) So amended by act 27 July 1868. 15 Stat. 228. The sum so deposited is to be disbursed under the supervision of the court; it is not a fund for general distribution. Anon., 6 Int. R. Rec. 53; but see Anon., Ibid. 149; Ex parte Sherwood, 25 Leg. Int. 76; s. c. 1 Bank. Reg. 74. What services are to be compensated out of the sum so deposited. Ex parte Clark, 6 Int. R. Rec. 206; Ex parte Dean, 1 Bank. Reg. 26; Ex parte Sherwood, 25 Leg. Int. 76; 8. c. 1 Bank. Reg. 74. The Court will not make an order limiting the costs and fees to $50, on the unsupported affidavit of the bankrupt, of his inability to pay more. Ex parte Anderson, 2 Bank. Reg. 166. (9) Where a creditor applies for the examination of a bankrupt, the register's fee for such examination must be paid by the creditor, in the first instance. Ex parte Macintire, 1 Ben. 277. A petitioner in bankruptcy is liable only for the cost of the direct commissions. examination of his own witnesses, on a reference to the register; not for the time consumed in cross-examination, nor for the cost of the examination of the witnesses on the other side. Ex parte Schofield, 2 Bank. Reg. 1. So also. a creditor is only bound to pay the expenses of his own examination. Ex parte Mealy, 2 Bank. Reg. 51. If the assignee examine the bankrupt before the register, he must pay the cost of the examination, which, if he be without funds, must be advanced or secured by the creditors. Ex parte Hughes, 1 Bank. Reg. 9. (h) See Ex parte Dean, 1 Bank. Reg. 26; Ex parte Talbot, 2 Bank. Reg. 93; s. c. 2 Am. L. T. Bank 15. (i) In cases of involuntary bankruptcy the compensation of the counsel of the petitioning creditors, is taxable as part of the costs of the proceedings. Ex parte O'Hara, 17 Am. L. R. 113; 8. c. 1 Am. L. T. Bank. 123; Ex parte Waite, 2 Bank. Reg. 146; 8. c. 2 Am. L. T. Bank. 77; Ex parte Moses, 3 Bank. Reg. 1. See Ex parte Williams, 2 Bank. Reg. 28; Ex parte Schwab, Ibid. 155; 8. c. 2 Am. L. T. 106. Where there is a trial by jury, and a verdict against the petitioning creditor, the docket fee of $20 is taxable to the attorney of the successful party. Gordon v. Stott, 16 Am. L. R. 749; s. c. 2 Bank. Reg. 28. A lien-creditor seeking the aid of the court of bankruptcy, in enforcing his lien, is bound to pay the costs incurred in obtaining such aid; but not the costs of general administration. Ex parte Hambright, 2 Bank. Reg. 157. A register has power to order the payment of fees and expenses incurred in a case, out of assets in the hands of the assignee, on application of the bankrupt's attorney. Ex parte Lane, 2 Bank. Reg. 100. As to the register's compensation for the custody and disposal of the debtor's property, prior to the appointment of an assignee, see Ex parte Loder, 2 Bank. Reg. 162; s. c. 2 Am. L. T. 106. 2 March 1867. certify such examination, and may compel the attendance of witnesses, the production of books and papers, and the giving of testimony, in the same manner as in suits of equity in the circuit court. Ibid. 48. Explanation of terms. Computation of time. Ibid. 50. 107. The word "assignee," and the word "creditor" shall include the plural also; and the word "messenger" shall include his assistant or assistants, except in the provision for the fees of that officer. The word "marshal" shall include the marshal's deputies; the word "person" shall also include "corporation ;" and the word "oath" shall include "affirmation." 108. And in all cases in which any particular number of days is prescribed by this act, or shall be mentioned in any rule or order of court, or general order which shall at any time be made under this act, for the doing of any act, or for any other purpose, the same shall be reckoned, in the absence of any expression to the contrary, exclusive of the first, and inclusive of the last day, unless the last day shall fall on a Sunday, Christmas day, or on any day appointed by the President of the United States as a day of public fast or thanksgiving, or on the fourth of July, in which case the time shall be reckoned exclusive of that day also.(a) 109. This act shall commence and take effect as to the appointment of the officers When act to take created hereby, and the promulgation of rules and general orders, from and after the date of its approval: Provided, That no petition or other proceeding under this act shall be filed, received or commenced before the first day of June, Anno Domini 1867.(b) effect. I. GENERAL PROVISIONS. Bounty Lands. Originals to be void. No patent to issue in pursuance of a loca 1. Warrants to be issued to widows or heirs of claimants. To tion thereon, except on proof of good faith and consideration. be deemed personal chattels, and to pass by assignment. 2. Warrants under act of 1855 to be assignable. 3. Certain locations confirmed. 4. Certain assignments validated. Patents to issue to assignees. 5. Location of certain warrants legalized. 6. In case of loss or destruction, new warrants may be issued. 3 June 1858 १ 1. 11 Stat. 308. Warrants to be issued to widows ants. 7. Secretary to prescribe regulations. False swearing punished. 8. Revival of laws for location of certain land warrants. 9. Existing warrants may be located, and former locations validated. II. VIRGINIA LAND WARRANTS. 10. Construction of act of 1852. I. GENERAL PROVISIONS. 1. When proof has been or shall hereafter be filed in the pension office, during the lifetime of a claimant, establishing, to the satisfaction of that office, his or her right to a warrant for military services, and such warrant has not been or may not hereafter be or heirs of claim- issued until after the death of the claimant, and all such warrants as have been heretofore issued subsequent to the death of the claimant, the title to such warrant shall vest in the widow, if there be one, and if there be no widow, then in the heirs or legatees of the claimant. (c) And all such warrants, and all other warrants issued tels, and to pass pursuant to existing laws, shall be treated as personal chattels, and may be conveyed by assignment. by assignment of such widow, heirs or legatees, or by the legal representatives of the deceased claimant, for the use of such heirs or legatees only. To be deemed personal chat Ibid. 2. 2. The provisions of the first section of the act approved March 22d 1852, (d) to make Warrants under land warrants assignable, and for other purposes, shall be so extended as to embrace Act of 1855 to be land warrants issued under the act of the 3d March 1855.(e) assignable. 3 June 1858 1. 11 Stat. 309. 3. In all cases in which locations have been made with bounty land warrants, on lands which were subject to entry at private sale, but upon individual competition Certain locations were put up to the highest bidder, and the excess paid for in cash, such locations shall be and they are hereby confirmed, if in all other respects regular; and authority is hereby given to issue patents accordingly: Provided, That such confirmation shall only extend to cases existing prior to the passage of this act. confirmed. 12 Stat. 28. Certain assignments validated. 7 June 1860 1. 4. That all assignments of pre-emption bounty land warrant locations, at any of the land offices in the United States, made in good faith since the 19th day of October 1852, and prior to the 21st of May 1856, under instructions from the commissioner of the general land office of the former date, be and the same are hereby declared valid; and Patents to issue the secretary of the interior is hereby authorized to cause patents to be issued in the name of the assignee on all such locations as now remain suspended and have not been patented. to assignees. (a) Where the adjudication was made 26 November 1867, it was held that an application for a discharge, filed 27 November 1868, was in time. Ex parte Lang, 2 Bank. Reg. 151. (b) See Perry v. Langley, 16 Am. L. R. 429; 8. c. 1 Bank. Reg. 155; Day v. Bardwell, 97 Mass. 246; Martin v. Berry, 2 Bank. Reg. 188. (c) The attorney-general has placed the following construction on this act: 1. That a warrant issued after the death of the claimant who left a widow and children, enures to the widow's benefit alone: 2. When the deceased claimant has a widow with |