Слике страница
PDF
ePub
[blocks in formation]

Mr. CHILTON, from the Committee on the Judiciary, submitted the

following

REPORT.

[To accompany H. R. 19076.]

The Committee on the Judiciary, to whom was referred the bill (H. R. 19076) to amend an act entitled "An act to codify, revise, and amend the laws relating to the judiciary," approved March 3, 1911, having considered the same, beg leave to report it back without amendment and to recommend that it do pass.

[House Report No. 1182, Bixty-third Congress, second session.]

SECTION 4.

Section 4 makes the decision of the circuit court of appeals final in bankruptcy proceedings and cases; but still leaves the Supreme Court with the power to review, through certiorari, such proceedings and cases as it may deem necessary and proper. The bankruptcy law has now been so thoroughly construed that there is not much doubt about any of its provisions, and cases now coming to the Supreme Court under it involve complicated questions of fact rather than of law. Besides all of this, many of these matters now have four hearings one before the referee, one in the district court, one in the circuit court of appeals, and one in the Supreme Court. Certainly all litigants ought to be satisfied with a hearing before the referee, a trial in the district court, an appeal to the circuit court of appeals, with a right to review in the Supreme Court of the United States by a writ of certiorari upon a sufficient showing.

726

September 6, 1916.
(H. R. 1515)
[Public, No. 258.]

Judicial Code.
Amendments.

SIXTY-FOURTH CONGRESS.

SESS. I. CHS. 447, 448. 1916.

CHAP. 448.-An Act To amend the Judicial Code; to fix the time when the annual term of the Supreme Court shall commence; and further to define the jurisdiction of that court.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Circuit courts of ap. peals.

38, p. 804.

SEC. 3. That section four of "An Act to amend an Act entitled 'An Act to codify, revise, and amend the laws relating to the judi- Vol. 36, p. 1134; Vol. ciary,' approved March third, nineteen hundred and eleven," approved January twenty-eighth, nineteen hundred and fifteen, be, and it hereby is, amended so as to read as follows:

Bankruptcy proceed

804,

employees.
Injuries to railroad
Vol. 35, p. 65; Vol
36, p. 291.
Railroad eighteen-

hour Act.
Vol. 34, p. 1415.

Railway safety appli-
Vol. 27, p. 531; Vol.

ances acts.

"SEC. 4. That judgments and decrees of the circuit courts of appeals Finality of decisions. in all proceedings and causes arising under 'An Act to establish a ing., uniform system of bankruptcy throughout the United States, amended. approved July first, eighteen hundred and ninety-eight, and in all controversies arising in such proceedings and causes; also, in all Causes arising under 'An Act relating to the liability of common approved carriers by railroad to their employees in certain cases,' April twenty-second, nineteen hundred and eight; also, in all causes arising under 'An Act to promote the safety of employees and travelers upon railroads by limiting the hours of service of employees thereon,' approved March fourth, nineteen hundred and seven; also, in all causes arising under 'An Act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged 32, p. 943. in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving-wheel brakes, and for other purposes,' approved March second, eighteen hundred and ninety-three; and, also, in all causes arising under any amendment or supplement to any one of the aforementioned Acts which has been heretofore or may hereafter be enacted, shall be final, save only that it shall be competent for the Supreme Court to require preme Court allowed. by certiorari, upon the petition of any party thereto, that the proceeding, case, or controversy be certified to it for review and determination, with the same power and authority and with like effect as if taken to that court by appeal or writ of error."

Certiorari from Su

64TH CONGRESS, 1st Session.

}

REPORT

HOUSE OF REPRESENTATIVES. No. 794.

AMENDMENT OF JUDICIAL CODE IN RELATION TO UNITED STATES SUPREME COURT.

JUNE 1, 1916.-Referred to the House Calendar and ordered to be printed.

Mr. IGOE, from the Committee on the Judiciary, submitted the following

REPORT.

[To accompany H. R. 15158.]

The Committee on the Judiciary, having had under consideration the bill (H. R. 15158) to amend the Judicial Code, to fix the time when the annual term of the Supreme Court shall commence, and further to define the jurisdiction of that court, report the same back to the House with the recommendation that the bill do pass.

[blocks in formation]

Section 3: The act of January 28, 1915 (ch. 22, 38 Stat., 804), made judgments of crcuit courts of appeals in bankruptcy matters final, subject only to review by the Supreme Court upon certiorari. The purpose of this section is to extend a like rule to cases arising under the employers' liability act (ch. 149, 35 Stat., 65), the hours of service act (ch. 2939, 34 Stat., 1415), the safety appliance act (ch. 196, 27 Stat., 531), and the interstate commerce act (ch. 104, 24 Stat., 379), and amendments thereto.

[blocks in formation]

August 10 (calendar day, August 11), 1916.—Ordered to be printed.

Mr. OVERMAN, from the Committee on the Judiciary, submitted the following

REPORT.

[To accompany H. R. 15158.]

The Committee on the Judiciary, to whom was referred the bill (H. R. 15158) to amend the Judicial Code; to fix the time when the annual term of the Supreme Court shall commence; and further to define the jurisdiction of that court, having considered the same, beg leave to report it back to the Senate with the recommendation that it be amended and passed.

The amendment is to substitute for the House bill the text of the similar Senate bill (S. 5734) as it was agreed upon by your committee.

The report of the subcommittee to the Committee on the Judiciary on the bill S. 5734 is adopted as the report of your committee after modification to conform to the amendment. It is as follows:

Section 3.

The Act of January 28, 1915 (Ch. 22, 38 Stat. 803, 804) made judgments of circuit courts of appeals in bankruptcy matters final, subject only to review by the Supreme Court upon certiorari. The purpose of this section is to extend a like rule to cases arising under the Employers' Liability Act (Ch. 149, 35 Stat. 65), the Hours of Service Act (Ch. 2939, 34 Stat. 1415), and the Safety Appliance Act (Ch. 196, 27 Stat. 531), and amendments thereto.

SIXTY-FOURTH CONGRESS. SESS. II. CHS. 153, 154. 1917.

CHAP. 153.-An Act To amend section seventeen of the United States bankruptcy law of July first, eighteen hundred and ninety-eight, and amendments thereto of February fifth, nineteen hundred and three.

999

March 2, 1917,

[H. R. 12195)

[Public, No. 376.]

Bankruptcy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section seventeen of Vol. 32, p. 79, an Act entitled “An Act to establish a uniform system of bankruptcy amended." throughout the United States," approved July first, eighteen hundred and ninety-eight, as amended February fifth, nineteen hundred and three, be amended so as hereafter to read as follows:

discharge.

"SEC. 17. Debts not affected by a discharge.-A discharge in dit affected by bankruptcy shall release a bankrupt from all of his provable debts, except such as (first) are due as a tax levied by the United States, the State, county, district, or municipality in which he resides; (second) are liabilities for obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another, or for alimony due or to become due, or for maintenance or support of wife or child, or for seduction of an unmarried female, or for breach of promise of marriage accompanied by seduc- Liability for breach tion, or for criminal conversation; (third) have not been duly ned by seduction scheduled in time for proof and allowance, with the name of the added." creditor if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (fourth) were created by his fraud, embezzlement, misappropriation, or defalcation while acting as an officer or in any fiduciary capacity." Approved, March 2, 1917.

of promise accompa

« ПретходнаНастави »