Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-03-20

courts. But this provision shall not prevent
the recovery of the property from the pos
session of the assignee by any proper action
i. commenced ct any time before the court or
ders the sale. Ia
EXAMINATION OF pANrnUPTs. =
SEC. &C. And be it further enacted, That
the court may, on tue application Of the as
sisnee in bankruptcy, or Of any creditor, or
wi hout any application. at all times require
the bankrupt. upon reasonable notice, To at.
tend aud submit to al examination, on cath,
upon all matters relating to the disposal or
condition OF his property, to bis trade and
dealings with others, anu his accounts cnn-
ccrnae the same, to all debts due to or claim
ed from him, aud TO all other matters con-
csrang his property ana estate, and the due
settlement thereof according to law. which
examination shall be in writing, and Shall be
signed by the bankrupt ard fled with the
other proceedings and the court may, in Ike
manner, require the attendance OF any other
D rsop a3a witness and ifaway such person snail
fail to attend OH being summoned thereto, the
court may compel his attendance by warrant
directed 10 the Marshal, commanding him To
arrest such person ard bring him forthwith
before the court, or before 4 register in bank
ruptcy, for examination as such witness. If
tie bankrupt is imprisoned, absent or disa'
bled from attendance, The court may orde.
him to be produced by the jalor, or aDSs ohi-
Ger in whose custody he may be, or may direct
the exasninaton 10 be had, taken and certi
fled, at such time ard place and in such man
ner lis the court may deem proper, and with
like effect rs if such examination had been
had in court Tie hankrapt shall at all times
unit. his dischar;e, be subject 20 the ordercG
th.. cou.t, and shall, at the expense u the es.
tale, execute all proper writings and instru-
mcnrs, and do and perform ali acts required
by the c,,Iitt touching the assigned property
or estate and TO enable the assignee to de-
macd. recover and receive all the property
and estate assigred, wherever situated: and
for neglect or refusal to obey anyorder of the
court. suca bankrup. may bo committed aht
punished for contempt of court. If the
bankrupt is With: ut the district and unable
To return and personally ct end at any of the
times or do any of the acts which may be
sp.c fled or repaired pursuant to this section
and ii i appears that such absence was no:
caused tv wiiiiul default. and if, as soon n
NAV he after the remova! of such impeachment.
he offers to attend and submit to the order Of
the court in all respects, he shall be permit
ted to do SO, with like effect as if lie ha'l
not becn in de!au!t. lie shall also be at lb
ery from time to time, upon cath, to amen..
and correct his schedule OF creditors and prop
ery, so that the same shall conform TO the
facts.
For good cause shown, the wife fany bank
rupt may b. required TO attend before the
cor.t, 10 the end that she may be examined
AZ witness; and il such wife Go not attend
ut che tine and place specified in the order,
The bankrupt st.,!l not be entitled 10 dis
;.l..ree unless Ec shall prove 10 the sati>f.o-
ton Of the cours that he WAS unable to pr :
cure the a,tendauce Of his wiic. No baukrur,
shall be liable 10 arrest during tie psn''ency
OF yhe proceedings in bankruptcy in'aay civ'
action, unless the same is founded on some
d.At OF claim from which his discharge in
bankruptcy would tot release hiu.
OF THE DISTRIBUTION OF THE BANKRuPTs e
TATE.
SEC. q. And be 1t ;urtber enacted, Tm.i
all creditors whose dcb;- a;c duly proved ami
ailowcd shall be eatitl d to share in the
bankrupt's property and estate pro rata. witl'-
out any priority or preference whatever, e%
cept that wagcs due from him 10 any opera
tive or clerk, or house servant, to an am'ilht
not exceeding $50, for labor performed with
IN six months next preceding the adjudication
Of bankruptcy, Shall be enti;led to priority
and shall be first paid in !nll; provided, tha'
any debt proved by a1y person liable as bail
sur.,y, culran:.,r O. otherwise, for the ban!;
run,, Shall rot lie paid 20 the person 50 prov
icg the same IN il satisfactory cvidenc. stall
be produc Of ;he payment o: such debt ty
such p.rson so liable, and the share to Which
such debt would be entitled ln;:y be paid INTO
covci tr otherwise he'll for the benefit of tie
par;y entitled rherc!o, az. the coart my d.
rect. AZ The r::pirat!oa OF Three months i:o,n
the date OF the adjudication ct b bilkiupcy :"
any case, or so much earlier a. the Court n"y
direct, the cDurr. uoun request OF the assignee
shall call general meeting of tic Creditors
of which due ro,ico .hall be given, and he
a>s,;lce shall lhen report, aud exhibit I'd the
court an to the creditors just .ind true ac'
c,unts Of al! his receipts and payments, ye-i
fed by his OATH, and lie shall also produce
a.i lilu vouchers for all payments for wh CT
vouchers snail be required BY any rule OF Il
court; BE- shall also :ubm!; the schedul" @
The bank:upi's cred TORS aud property D:
amended, dule vo-i6e., by tue bankrupt. anc
statement Of The whole e'ta;c OF the bark
ru2t rs then asc:liaisd, OF he property lc'
covered aud 4t the property ou's,ald <
specifying the cause ot is being outs an in:
also what debt, or claims are yet undctermi
ed, and stating what sum remains in III:
hand. At such mrcIing the maj >rity in 7'sl
ue Of the creditors present shall determine
whether any and srha. part Of the net pto
ceeds of lha estate, aier dciuciing AID re
tainng q sum sufficient to provide iur nj
undetermined cum, which, by rea>on o.
tie dis!sut rriidaHce of the creditor, or !oI
a!hey suGicic4; res Oh, have not bean proved
and for ether Expenses and contingencies
shall be ;iiyJad among the creditors, ou
unless al least one hsi iii value 81 tie crei
tors shaIl attend sucn meeting, either in per
soa o. by attorney, it shall be the duly OF the
assignee 80 tc determine. 10 case dividend
is ordered, lie register shall, within ten day:
after such meeting, prepare o list OF creditor:
entitled to dividend, and shall calculate aAd
set pposite to the name of each creditor wnt
las p:uved his claim the dividend to which
be is enti,led out OF The net proceeds OF the
estate SIT apar; for dividend, and shall for.
ward b. mail to every creditor statement
OF the dividend TO which he is entitled, aai
such creditor srall be paid by the assignee
in such manner as the court may direct
SIC. %. And be ii further enacted, Tia
the like proceedings shall be had at. the ex-
pira,ion Of the next three months, or earlier
if practicable, aud third meeting OF the
creditors shall then be called by the court
and a final dividend then declared, unless
any action NJ law or suit in equity be pend