Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-03-13
THE EVENING STAR.
O + y 4 1 A l..
LAWS OF THE UNITED STATES,
Passed at the Second Session of the Thir .
ty-ninth Congi ess.
PUBLIC-N0 Of 4

ruptcy throughout the United States.
tC0HtsnHed from yesterday's Ereain9 Star.1
OF PROPERTY PBRIsHABLE AND IN DISPUTE.
SEC IS And be IL further enacted. That when
appears TO the satisfaction of the court that
ne estate Of the debtor, or any part thereof, is
OF perIshable nature, or liable to deteriorate
IN value, the court may order the same TO be
sold, IN such manner as may be deemed most
eIpedient under the direction OF the messen-
ger or assignee, as the case may be, who shall
mold the funds received in place of the estate
disposed of; and whenever II appears 10 the
satisfaction Of the court that the title to any
portion of an estate, real or personal, which
has come into possession of the assignee,
which is claimed by MN, Is IN dispute, the
and after such notice 10 the claimant, his agent
or attorney, as the court shall deem reason
able, order IL TO be sold, under the direction of
the assignee, who shall hold the funds re-
ceiyed in place Of the estate disposed of: and
the proceeds of the sale shall be considered the
measure Of the value OF the property in any
suit or controversy between the parties in any
courts. But this provision shall not prevent
the recovery Of the property from the posses
mencea at any time before the court orders the
sale.
EXAMINATION OF BANKRuPrs.
SEC. % And be it further enacted That the
court may, on the application of the assignee
IN bankruptcy, or OF any creditor. or without
any application, at all times require the bank
rUpt, upon reasonable notice, TO attend and
submit TO an examina ion, on oath, upon all
matters relating 20 the disposal or condition OF
his property, 10 his trade and dealings with
others, ard his accounts concerning the sarns,
20 all debts due to or claimed from him, and to
all other matters concerning has property and
estate and the due sc Element Their OF according
10 law, whicn examination shall be In writing
and shall be signed by the bankrupt and led
with the other proceedings; and the court may,
IN like manner, require the attendance of any
other person as g. witness, and If such person
shall faIl 10 attend, on being summoned there
10, the court may compel his attendance
by warrant directed TO the marshal, COM
handing him te arrest such person and
bring him forthwith before the court OF
hGf zNAY h1-
ination As such witness. If the bankrupt is i'm
prisoned, absent, or disabled from attendance
the court may order him to be produced by the
taller, or any ofiicer in whose custody he NAV
be, or may direct the examination 10 ne had
taken, and certified, N such time and place and
IN such manner as the court may deem proper.
and with hike effect as If such examination had
been had IN court The bankrupt shall at All
times, until bis discharge, he subject to the
order OF the court, and shall, at the expense of
The estate. execute all proper writings and in
stTuments, and do and perform ali acts required
by the court touching the assigned property or
estate, and TO enable the assignee TO demand,
recover, and receive all me property and es ate
assigned, wherever situated; and for neglect or
refusal to obey any order of the court, SUCH
bankrupt may be committed and punished as
Tor contempt or court. If the bankrupt is
without the district, and unable to return and
personally attend at any of the times do any
OF the acts which may be specified or required
pursuant 10 tins section, and if il appears that
such absence was not caused by wiIful default,
and If, as soon as may be after the removal of
such impeachment he offers 20 attend and SUBJ
init 10 the order OF the court in all respects he
shall be permitted so TO de, with like effect as
II ne pad not been IN default He shall also be
at liberty, from time TO time, upon oath to
amend and correct his schedule of creditors
and property, so that the same shall conform
10 the facts. For good cause shown, the wife
of any bankrupt may be required 10 attend
before the court to the end that she NAV be
examined as witness; and If such wife do not
order, the bankrupt shall not be entitled 10 a
discharge unless he shall prove TO the saristac-
uon OF the court that he was unable to procure
the attendance of his wife. No bankrupt shall
be liable to arrest during the pendency Of the
proceedings in bankruptcy IN any civil action
unless the same is founded on some deb, or
claim from which his discharge in bankruptcy
would not release him.
OF THE DISTRIBUTION OF TIE BANKRUPr's
ESTATE.
SEC. 81 And be 1t further enacted, That ALI
creditors whose debts are duly proved and
allowed shall BE- entitled to share in the bank
rupts property and estate pro rata without
any priority or preference whatever, except
that wages due from him TO any operative or
clerk, or house servant, 10 an amount not ex-
within SIX months next preceding the ad Judi
cation OF bankruptcy, shall be entitled to pri-
9Lliy ana shall &c hrst paid IN full: Proyaded
That any debt proved by any person liable as
bail, surety, susTan-or, or otherwise. for the
bankrupt shall not be paid to the person So
proving the same until satisfactory evidence
shall OF produced OF the payment of such debt
by such person so liable. and the shar. 10
which such debt would be entitled may be
sht Of the party entitled thereto as the court
may direct. At the expiration of three months
from the date o. the adjudication of bank
Tuptcy IN any case, or as much earlier as the
court may direct, the court, upon request of
the assignee, shall call general meeting of
the creditors, o. which due notice shall be
gwen, and the assignee snail tRen report and
exhibit 10 the court and 10 the credi ors ust and
true accounts Of ALL his receipts and payments
verified by his oath, and he shaIl also produce
and file vouchers tor all payments for which
vouchers shall lie required by any rule of the
court; ne shall q. so submit The schedule of the
oankruPts creditors and property as amended,
duly verified by the bankrupt and statement
OF the whole estate OF the bankrupt as then IA.
cerialned, OF the property recovered and OF the
ITS being outstanding. also what debts or claims
are yet undeter mined, and stating what sum
remains IN me- hands. AT such meeting the
majority In value of the creditors present shall
determine whether any and what part OF the
net proceeds Of the estate, after deductiug and
retaining q sum sum Gent to provide Tor ali IN.
determined claims which, by reason Of the dis.
tant residence of the creditor, or for other suf
ncient reason, nave not been proved, and for
oS I eApenses aho contingencies, shall be d.
Vloed among tae creditors but unless at least
one half in value OF the creditors shall attend
such meeiing, either in person or by attorney,
NJ shall be the duty of the assignee so To deter
mine. In case q dividend il ordered. the regis
Ter shall, within ten days after sHch meeting
prepare list OF creditors entitled to divider d.
ana shall calculate and set opposite to the
name OF each creditor who has proved ms
CLAIM me dividend 10 which he is entitled ont
OF me net proceeds Of the estate set apart for
dividend, and snail forward by mail 10 very
creditor statement of the dividend 10 which
he IS entitled, and such creditor shall h. maid
by the assignee in such manner as the conrt
may direct
SIC. 70. And be IL further endetsd, That the
IKE proceedings shall be had at the expiration
OF the next three months, or earlier. If practi-
cable, and third meeting OF creditors snail
then be called by the court, and a final diyi-
aehd then declared, unless any aciion at law
or suit IN eqaity. be pending, or unless some
other estate or effects of the debtor after wards
come 10 the hands OF the assignee, In which
case the assignee shall, soon as NAV h.
convert sHch estate or effects into money and
within two months after the sane sh ali D. 20
converted tne same shall be divided IN man
ner aforesaid. Further al yidenI shall hs M ale
IL IKE manner as often as occasion reQuires
ano after the third meeting OF creditors no
TURNER meeting shall be called. unless or
oered by the court. If at any time there SHAH
oe IN me hands OF the assignee any outstand-