Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-03-22

have waived all right of action sud suit against
The bankrupt. ard ali pr"cr. dings already com
m"scvd. dissatisfied JUDI nents already obtain
ed thereon shall he deemed to be discharged and
surrendered thereby and no creditor whose debt
is prOVable under this act shall be allowed 10
prosecute to final Judgment any suit at law or in
equity therefor against the bankrupt. until III"
question Of The debtors discharge shall have been
determined !: and any such suit or proceedings
shall. upon the application of the bankrupt, be
stayed to await the determination of the Court in
bankruptcy on the quest )n of the discharge pro-
vded there be no unreasonable delay on the part
OF the bankrupt in endeavoring 10 obtain bis dis
charge, and provided. also. that if the amount due
the creditor is in dispute, the suit by leave OF the
Court in bankruptcy, may proceed to Judgment
for the purpose of ascertaining the amount due
which amount may be proved in Bankruptcy but
execution shall be stayed as aforesaid If any
bankrupt shall. at the time of adjudication. be
liable upon any bill of exchange, promissary note,
or other obligation in respect of distinct contracts
as u member of two more firms carrying On
separate and distinct trades, and having distinct
estates to be wound up in bankruptcy or as
sole trader and also rs member Of firm, the
circumstance that such firms are in whole or in
part composed of the same individuals, or that
the sole contractor is also of the Joint c0ntrac
tors, shall not prevent proof and receipt of divi-
dend in respect of such distinct contracts against
the estates respectively liable upon such con-
tracts.
SECTION %. And be it further enacted That all
proof of debts against the estate of the bankrupt
by or in behalf of creditors residing within the
Judicial district where the proceedings in bank
rurtcy are pending, shall be made before one OF
the Registers of the Court in said district. and by
or in behalf Of nonresident debtors before any
Register in bankruptcy in the judicial district
where such creditors, either of them reside, or
before any Commissioner of the Circuit Court
authorized to administer 0aths in any district
TO entitle claimant against the estate Of a
bankrupt to have his demand allowed, it must be
verified by a deposition in writing oath or
solemn affirmation before the proper Register or
Commissioner, setting foch the demand the con-
sderatlOn thereof, whether any and what securi-
ties are held therefor, and whether any and what
payments have been made thereon that the SUN
claimed is justly due from the bankrupt to the
claimant that the claimant has not nor has any
other person for his use, received any security
satisfaction whatever other than that by him set
forth that the claim was not procured for the
purpose OF influencing the proceedings under this
act, aud that no bargain or agreement, express or
implied, has been made or entered into, by or on
behalf of such creditor, to sell, transfer, or dis
pose of the said claim, or any part thereof against
such bankrupt. or take receive. directly or in
directly any money, property, or consideration
whatever, whereby the vote Of such creditor for
assignee, or any action on the part Of such credi-
tor or any other person in the proceedings under
this act, is shall be in any way affected intlu-
enced. or controlled. and no claim shall be allow
ed unless all the statements set forth in such de-
position shall appear to be true. Such oath or
solemn affirmation shall be made by the claimant
testitying Of his own knowledge, unless he is alb
sent from the United States or prevented by some
other good cause from testfying, in which cases
the demand may be verified in like manner by
the attorney or authorized agent Of the complain
ant testitying to the hest of his knowledge. infOr
nation, and belief. and setting forth his means of
knowledge or if in a foreign country, the oath
OF the creditor may be taken before any minister,
consul, or vice-coLzul of the United States and
the court may if it shall see fit require or receive
further pertinent evidence, either for or against
the admission Of the claim. Corporations may
verify their claims y the oath or solemn affirma-
ton OF their president, cashier, treasurer. If
the proof is satisfactory to the Register or Com
missioner, it shall be signed by the deponent, and
delivered or sent by mail to the assignee. who
shall examine the same and compare it with the
books and accounts Of the bankrupt, and shall
register in o book to be kept by him for that pur-
pose, the names of creditors who have proved
their claims, in the order in which such proof is
received stating the time of receipt of such proof
and the amount and nature of the debts, which
books shall be open to the inspection Of all the
creditors. The court may, on the application OF
the ASST gnee, of any creditor, or Of the bank
rupt, or without any application, examine upon
oath the bankrupt, or any person rendering or
who has made proof of claims and may summon
any person capable Of giving evidence concern
ing such proof. or concerning the debt sought to
be proved, and shall reject al! claims not duly
proved or where the proof shows the claim to be
founded in fraud, ilcgality, or mistake.
SECTION 23. And be 1t fu,4hey enacted, That when
claim is presented for proof before the election
Of the assignee, and the Judge entertains doubts
Of its validity, or of the right OF the creditor to
prove it, and is Of opinion that such validity or
right ought to be investigated by the ASST gnec, he
may postpone the proof of the claim until the as
signee is chosen. Any person who, after the APP
prevail Of this act, shall have accepted any pre-
ference, having reasonable cause to believe that
the same was made or given Dy the debtor con-
trary to any provision Of this act, shall not prove
the debt or claim on account of which the pre-
ference was made or given, nor shall he receive
any dividend therefrOm until he shall first have
surrendered to the assignee all property, money,
benefit, or advantage, received by him under such
preference. The court shall allow all debts duly
proved ard shall cause a list thereof to be made
and certified by one of the Registers and any
creditor may act at all meetings by his duly con-
stituted attorney the same as though personally
present.
SECTION "a. And be dtuther enacted, That a sup
posed creditor who lakes an appeal to the Circuit
Court from the decision Of the District Court re-
jecting his claim, in whole or in part, shall upon
entering his appeal in the Circuit Court. file in
the Clerk office thereof statement III writing
Of his claim, setting forth the same, substantially,
in a declaration for the same cause of action
at law, and the assignee shall plead or answer
thereto in like manner, and like proceedings shall
thercupon be had in the pleadings. trial, and ter
mnatlOn OF the cause, as in an action at law COM
menced and prosecuted in the usual manner in
the courts of the United States, except that 10
execution shall be awarded against the assignee
Tor the amount OF debt found due to the crcdi-
tor. The final Judgment OF the Court shall be
conclusive and the list of debts shall, if necessa-
~, be altered to conform thereto The party
prevailing in the suit shall be entitled to costs
against the adverse party. to lie taxed and recov-
cred as in suits at law if recovered against the
assignee they shall be allowed ont eli the estate.
A bill of exchange, promissory note, or other in
strument used in evidence upon the proof of u
claim and left in Court and deposited in the
Clerks office, may be delivered by the Register
or Clerk having the custody thereof to the person
who used it, upon his fling a copy thereof at
tested by the Clerk of the Court, who shall en-
dorse upon it the names of the party against
whose estate it has been proved, and the date
and amount Of any dividend declared thereon.
OF PROPERTY PERIsHABLE AND IN DISPUTE
SECTION %. And be 1t further enacted, That VIII
it appears to the satisfaction of the court that the