Proceedings to be matters of record-how to be kept. Fees to clerk of court. Allowance to court officers. On partners in trade becoming insolvent. Joint and separate debts. may prove debts. Assignees to keep separate accounts. Nett proceeds of joint stock to be paid to creditors of the company. And of separate estates, to SEC. 13. And be it further enacted, That the proceedings in all cases in bankruptcy shall be deemed matters of record; but the same shall not be required to be recorded at large, but shall be carefully filed, kept, and numbered, in the office of the court, and a docket only, or short memorandum thereof, with the numbers, kept in a book by the clerk of the court; and the clerk of the court, for affixing his name and the seal of the court to any form, or certifying a copy thereof, when required thereto, shall be entitled to receive, as compensation, the sum of twenty-five cents and no more. And no officer of the court, or commissioner, shall be allowed by the court more than one dollar for taking the proof of any debt or other claim of any creditor or other person against the estate of the bankrupt; but he may be allowed, in addition, his actual travel expenses for that purpose. SEC. 14. And be it further enacted, That where two or more persons, who are partners in trade, become insolvent, an order may be made in the manner provided in this act, either on the petition of such partners, or any one of them, or on the petition of any creditor of the partners; upon which order all the joint stock and property of the company, and also all the separate estate of each of the partners, shall be taken, exCreditors, &c. cepting such parts thereof as are herein exempted; and all the creditors of the company, and the separate creditors of each partner, shall be allowed to prove their respective debts; and the assignees shall also keep separate accounts of the joint stock or property of the company, and of the separate estate of each member thereof; and after deducting out of the whole amount received by such assignees the whole of the and disbursements paid by them, the nett proceeds of the joint expenses stock shall be appropriated to pay the creditors of the company, and the nett proceeds of the separate estate of each partner shall be appropriated to pay his separate creditors; and if there shall be any balance of the separate estate of any partner, after the payment of his separate debts, such balance shall be added to the joint stock, for the payment of the joint creditors; and if there shall be any balance of the joint stock, after payment of the joint debts, such balance shall be divided and appropriated to and among the separate estates of the several partners, according to their respective rights and interests therein, and as it would have been if the partnership had been dissolved without any bankruptcy; and the sum so appropriated to the separate estate of each partner shall be applied to the payment of his separate debts; and the certificate of discharge shall be granted or refused to each partner, as the same would or ought to be if the proceedings had been against him alone under this act; and in all other respects the proceedings against partners shall be conducted in the like manner as if they had been commenced and prosecuted against one person alone. separate credit ors. Balance, of separate estate, to be added to joint stock. And of joint stock, to be divided among separate estates. Certificate of discharge to each partner. Decree of bankruptcy, &c. to be recited in deeds of lands. Such deeds to effectually pass the title of the bankrupt. Jurisdiction conferred upon the circuit court SEC. 15. And be it further enacted, That a copy of any 'ecree of bankruptcy, and the appointment of assignees, as directed by the third section of this act, shall be recited in every deed of lands belonging to the bankrupt, sold and conveyed by any assignees under and by virtue of this act; and that such recital, together with a certified copy of such order, shall be full and complete evidence both of the bankruptcy and assignment therein recited, and supersede the necessity of any other proof of such bankruptcy and assignment to validate the said deed; and all deeds containing such recital, and supported by such proof, shall be as effectual to pass the title of the bankrupt, of, in, and to the lands therein mentioned and described to the purchaser, as fully, to all intents and purposes, as if made by such bankrupt himself, immediately before such order. SEC. 16. And be it further enacted, That all jurisdiction, power, and authority, conferred upon and vested in the district court of the United States by this act, in cases in bankruptcy, are hereby conferred upon and vested in the circuit court of the United States for the District of for District of Columbia, and in and upon the supreme or superior courts of any of the Territories of the United States, in cases in bankruptcy, where the bankrupt resides in the said District of Columbia, or in either of the said Territories. SEC. 17. And be it further enacted, That this act shall take effect from and after the first day of February next. APPROVED, August 19, 1841. Columbia, and of territories. supreme courts This act to take effect from 1st Feb. next. STATUTE I. CHAP. X.-An Act further to extend the time for locating Virginia military land Aug. 19, 1841. warrants, and returning surveys thereon to the General Land Office. (a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the act entitled "An act to extend the time for locating Virginia military land warrants, and returning surveys thereon to the General Land Office," approved July seventh, eighteen hundred and thirty-eight, as to all warrants issued prior to the tenth day of August, eighteen hundred and forty, and no others, be, and the same is hereby, revived, and to continue in force until the first day of January, eighteen hundred and forty-four. APPROVED, August 19, 1841. CHAP. XI.-An Act to authorize the recovery of fines and forfeitures incurred under the charter, laws, and ordinances of Georgetown, before justices of the peace. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to remove all existing doubts as to the chartered powers of the Mayor, Recorder, Aldermen and Common Council of Georgetown, the said Corporation of Georgetown shall be, and they are hereby, authorized and empowered to recover all fines, penalties, and forfeitures incurred, or that may be incurred, under their charter, and the laws and ordinances passed in pursuance thereof, by warrant before any justice of the peace of the District of Columbia, and execution on his judgment, in like manner, and subject to a like appeal to the Circuit Court of the District of Columbia, as in other cases of small debts. APPROVED, August 19, 1841. 1st sec. act of 7th July 1838, ch. 166, revived to 1st Jan. 1844. and continued STATUTE I. Aug. 19, 1841. Corporation of Georgetown to recover fines, &c. how. STATUTE I. CHAP. XII.-An Act to revive and extend the charters of certain banks in the Dis- Aug. 25, 1841. trict of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the charters of the Bank of the Metropolis, of the Bank of Washington, and of the Patriotic Bank of Washington, in the city of Washington; the charter of the Farmers and Mechanics' Bank of Georgetown, in Georgetown; and the charters of the Farmers' Bank of Alexandria, and of the Bank of Potomac, in the town of Alexandria, be, and the same are, severally and respectively hereby revived; and all the powers, rights, privileges, immunities, limitations, prohibitions, and restrictions contained in said charters are hereby renewed, extended, and made applicable in full force to each of said banks, respectively, and to the presidents, directors, other officers, and stockholders of each of them, in the same manner, and to the same extent, as was granted and provided by the said several and respective charters, and the laws in force on the first day of January, in the year eighteen hundred and thirty-eight, subject to the limitations and provisions hereinafter contained: Provided, Said (a) Notes of acts relating to Virginia resolutions on warrants, vol. 3, 612. VOL. V.-57 2N2 Act of May 31, 1838, ch. 91, Act of July 3, 1840, ch. 39. Act of June 7, 1844, ch. 40. Bank of Metropolis, Bank of Washington, &c. revived. Powers, &c. renewed to the extent granted by said charters, Charters of &c. Proviso. banks shall, each for itself, from and after the passage of this act, resume and continue the payment of all its notes and specie liabilities in specie, on demand; and each and every of said banks failing to resume specie payments, as aforesaid, within ten days after the passage of this act, or having resumed specie payments, again suspending or refusing to pay any of its notes or other specie liabilities in specie, when legally demanded, or shall pay out or lend out, after the first day of March next, the notes of any suspended bank, or any paper currency whatever which is not equivalent to gold and silver, shall, in the first case, be excluded from all participation in the privileges and provisions of this act; and, in the second case, shall, ipso facto, forfeit all benefit and District attor- privilege granted by it; and it shall be the duty of the district attorney ney, on suspen- of the United States for the District of Columbia, upon information sion or refusal lodged with him of any such suspension or refusal to pay in specie by to pay in specie, any of said banks, to take forthwith the necessary and proper legal steps to enforce the forfeiture hereby provided for such refusal or suspension, and to compel every such delinquent bank to proceed to wind up its concerns, under, and agreeably to, the provisions of the act of Congress entitled "An act to continue the corporate existence of certain banks in the District of Columbia, for certain purposes," approved the third day of July, in the year eighteen hundred and forty. to take steps ne. cessary to en force the forfeit ure, and to compel such bank to wind up its concerns, under act of 3d July 1840, ch. 40. Banks prohibited from making new loans on their stock as security, &c. President and directors liable for such loans, SEC. 2. And be it further enacted, That each and every of said banks shall be, and they are hereby, expressly prohibited from making any new loan or loans whatever, upon a pledge of stock in said bank as security for the repayment of said loan; and they are hereby required, upon all loans now existing upon any such pledge of stock, to require and exact, before any renewal or extension of any such stock loan shall be granted, other sufficient security for the same, in the form, and to the extent usual in said banks upon making ordinary loans. And the president and directors of each of said banks are hereby made individually liable to all persons concerned, for the whole amount of any loan or loans hereafter made or renewed contrary to the aforegoing provisions, by them, or any of them, or with their consent, from the funds of any of said banks; and the cashier of each of said banks shall keep a regular record of the attendance of the president and each director at every meeting of the board of directors of the bank of which he is cashier; and every president and director who shall be present at any meeting at which any loan upon a pledge of stock, as aforesaid, shall be made or extended, shall be deemed to have consented to the same, unless he deemed to be a shall at that meeting enter his protest, in writing, against said loan on the minutes of their proceedings. made or renewed with their consent. What shall be consent. Any loan to bank officers, exceed'g 10,000 dollars, to be curtailed at least 25 per ct. annually, until not over that sum. SEC. 3. And be it further enacted, That in each and every of said banks, all loans now existing to any president, cashier, director, or other officer, either as principal or security, to a greater amount than ten thousand dollars, shall be regularly curtailed or reduced, at the rate of at least twenty-five per cent. or one fourth of the whole amount, annually, in a due proportion at each renewal at the expiration of ninety days successively, until the sum of such loan shall, in no instance, exNo new loan ceed the amount of ten thousand dollars aforesaid. And no new loan to be made or loans shall hereafter, on any pretence whatever, be made to any presithem which dent, cashier, director, or other officer, either as principal or security, shall, including unpaid balances, to a greater amount in the whole including the unpaid balances of exceed $10,000. former loans than ten thousand dollars; and the same penalties, liabilities, and presumptions shall, in every case of a loan made contrary to the spirit, intent, and meaning of this section, attach to the president President and and directors of the bank by which said loan shall be made, as is provided in the preceding section, in the case of loans upon a pledge of the stock of the bank making the same. directors liable therefor. SEC. 4. And be it further enacted, That each and every of said banks Issuing, &c. any bank-note, not at the time receivable at are hereby expressly prohibited from issuing or paying out or offering in payment any bank note or other paper in discharge of their debts or liabilities of any kind on any pretence whatever, which the particular bank making the payment or tender is not, at the time of such payment, in par, prohibited. the habit of receiving at par, in payments of all notes or other debts due and payable at said bank, under pain of forfeiting for every such offence double the sum so paid out or offered in payment of its own debt or debts; one half to the informer, and one half to the use of the town or city in which the offending bank may be situated, to be recovered by action of debt in any court of competent jurisdiction in the District of Columbia. SEC. 5. And be it further enacted, That each and every of said banks be, and they are hereby, expressly prohibited from issuing or paying out, under any pretence whatever, any bill, note, or other paper, designed or intended to be used and circulated as money, of a less denomination than five dollars; and for any violation of the provisions of this section, the offending bank shall incur all the penalties and forfeitures to be provided and directed by the first section of this act for the case of suspension or refusal to pay in specie; to be enforced in like manner, as is directed by that section. Forfeiture,how to be disposed of, and how recoverable. Issuing notes, &c. of less denomination than $5, prohibited. Penalties and forfeitures. Election to be held in 40 days for nine direct ors, &c. SEC. 6. And be it further enacted, That each and every of the banks aforesaid shall, within forty days after the passage of this act, hold an election in the form and manner prescribed by their respective original charters for nine directors, which shall in future be the number of directors for each of said banks; and the persons elected at said election, shall severally remain in office until the recurrence of the time prescribed by the original charter of each of said banks respectively, for an annual election of directors, at which last mentioned time, and at the same time in every year thereafter, each of said banks shall make its election of directors and other officers agreeably to the provisions of its original charter, except as to the number of directors, which shall in every case hereafter be nine. And there shall be chosen for each of said banks at the special election hereby provided for, or as soon thereafter as may be in conformity to the provisions of their respective original charters, a president and such other officers as may, by the particular charter, be required to be elected, who shall hold their offices for the same time and in the same manner as if said charters had not expired and said officers had been chosen at the last annual election. SEC. 7. And be it further enacted, That this act shall continue in force until the fourth day of July which shall be in the year eighteen nued to 4th July hundred and forty-four. SEC. 8. And be it further enacted, That the act entitled "An act to extend the charter of the Union Bank of Georgetown in the District of Columbia," approved the twenty-fifth day of May in the year eighteen hundred and thirty-eight, be and the same is hereby extended to the first day of July in the year eighteen hundred and forty-seven, until which time the said act shall be in full force for the sole purpose of enabling the president and directors of the said bank for the time being to close its affairs. APPROVED, August 25, 1841. CHAP. XIII.—An Act making an appropriation for the funeral expenses of Wil liam Henry Harrison, deceased, late President of the United States. Election of a president, &c.; term of office. This act conti 1844. Act of May 25, 1838, ch. 88, to extend the charter of the Union Bank, extended to 1st July 1847. STATUTE I. Sept. 1, 1841. Accounts to be Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the accounts presented by the Marshal of the District of Columbia for expenses in- audited, &c. curred by the funeral of the President of the United States, be referred to the proper accounting officer of the Treasury, who is hereby directed Sum allowed to be paid. STATUTE I. Sept. 1, 1841. Sec. Treasury to issue certifi cates. 1840, ch. 34. Proviso. 1840, ch. 34. STATUTE I. Sept. 1, 1841. Act of March 3, 1839, ch. 80. Feb. 26, 1840, ch. 3. The time allowed for completing enumerations and making returns, extended. Proviso. Proviso. 20,000 copies of compendium or abridgment of 6th census to be printed. to audit the same, and allow whatever shall be found justly due thereon. SEC. 2. And be it further enacted, That the Secretary of the Treasury pay to the said marshal, out of any money not otherwise appropriated, such sum as the said accounting officer shall allow. APPROVED, September 1, 1841. CHAP. XIV. An Act in addition to an act entitled an act to carry into effect a Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Secretary of the Treasury be and he is hereby authorized upon the presentation of certified copies of such awards as have been or shall be made, in pursuance of the Convention with the Republic of Mexico, concluded at Washington, the eleventh of April, one thousand eight hundred and thirty-nine, in favor of citizens of the United States, to issue certificates to the persons authorized to receive the sums so awarded their legal representatives and assigns in the manner directed by the seventh section of the act of Congress entitled "An act to carry into effect a convention between the United States and the Republic of Mexico," such certificates to be in such form and for such portions of the sums awarded as may be convenient for the claimants and to be subject to the deductions provided for by the tenth section of said act, Provided, That nothing in this act shall be construed to give any rights to the claimants that are not conferred by said convention, and the act of June twelfth, one thousand eight hundred and forty; and that the substance of this proviso be inserted in the certificates that may be issued. APPROVED, September 1, 1841. CHAP. XV.—An Act to amend the act entitled "An act to provide for taking the the same. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall and may be lawful for the marshals of the respective States and Territories, who have not, before the passage of this act, completed their enumerations, and made their returns, under the acts hereby amended, to proceed personally and by their assistants to complete such enumerations, and make such returns under the said acts; and the said assistants shall be allowed until the first day of December, one thousand eight hundred and forty-one, to complete their enumerations, and make their returns to the marshals, and the said marshals shall be allowed to make their returns to the Secretary of State at any time before the first day of January, one thousand eight hundred and forty-two: Provided, That nothing herein contained shall be deemed to release such marshals and assistants from the penalties contained in the act aforesaid, unless their returns shall be made within the time prescribed in this act: And provided further, That no person be included in the returns made under the present act, unless such persons shall have been inhabitants of the district for which such returns shall be made on the first day of June, one thousand eight hundred and forty; and the Secretary of State be, and he is hereby, authorized to cause to be printed twenty thousand copies of the compendium or abridgment of the Sixth Census, by counties and principal towns, together with the tables of apportionment as prepared at the Department of State, for the use of Congress. SEC. 2. And be it further enacted, That the Secretary of State is |