Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-03-12

such nrms are IN WAole or in part composed
tractor is also one Of the Joint contractors,
shall not prevent proof and receipt of di yidend
IN respect of such distinct csastracts against
the estates respectively liable upon such con-
tracts.
SIC. %. Asd DC 1t further enacted, rha, all
proofs OF debts against the estate Of the bank
Iupt, by or In behalf of creditors residing
withia the juaicial district where the proceed
ings in bankruptcy are pending, shall be made
before one of the registers of the court ia said
debtors before any register in bankru ptcy in
the judicial district where such creditors or
either of them reside, or before any commits.
sioner Of the Circuit Court authorized to aa-
claimant against the estate of q baukrapt 10
have his demand allowed, 1t must be verified
by deposition in writing ON oath or solemn
affirmation before the proper register or com.
missioner setting ferth the demand, the con-
sheraton thereof whether any and what Sc.
cuIities are held therefor, and whether any
that the sum claimed Is justly due frea the
bankrupt to the claimant; thar the claimant
has not, nor has any other person, for his use,
received any security or satisfaction whoever
other than that by him set forth, that the claim
was not procured for the purpose OF infiu.
encing the proceedings under this act, aud
that no bargain or agreement, express or i'm
piled. has been made or entered into, by or on
behalf of such creditor, to sell, transfer or
dispose Of the said claim or any part thereof,
against such baakrupt, or take or receive, di.
rect1y or Indirectly, any money, property, or
consideration whatever, whereby the vote OF
such creditor for assignee, or any action on
the part OF such creditor or any other person
in the proceedings under this act, is or shall
be in any way affected, influenced, or con.
holled, and noelaIm shall be allo wed unless
all the statements set fsrth in such deposition
shall appear to be true. Such oath or solemn
affirmation shall be made by the claimant,
testfying of his cwn KNOWLEDGE, unless he is
absent from the United States or prevented by
some other good cause from tesufying. in
which cases the demand may be verified in
like manner by the attorney or authorized
agent Of the claimant testifying to the best of
MS kno wledge, information, and belief, and
setting forth his means Of knowledge: or il In
foreign country, the oath of the creditor may
be taken before any minister, consul, or vice
consul OF the United States and the court
may, II IL snail see IL, require or receive fur
Their pertinent evidence, either for or against
the admission or the claim. Corporations may
verify their claims by the cath or solemn al.
hrmatioh of their president, cashier. or treas
urer. II the proof is satisfactory to the regis
ter or commissioner, il shall be signed by the
oeponent, and delivered or sent by mail to the
assignee. who shall examine the same and
compare IL with the books and accounts Of the
bankrupt, and shall register, in book TO be
kept by him for that purpose, 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 Inc pecton of all the cred
ltors. The court may, on the application OF
the assignee, or of any creditor, or Of the
bankrupt, or without any application. examine
upon oath the bankrupt. or any person ten
dering 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
all claims not duly proved, or where the proof
shows the claim to be founded in fraud, lille.
gality, or mistake.
SIC. % and be az further enacted, That when
claim 10 presented for proof before the cleo
ton of the assignee. and the Judge entertains
doubts OF its validity or OF the right of the
va q tc g .s..t~
validity or right out to be investigated by the
assignee, he may postpone the proof of the
claim until the assignee rs chosen. Any person
who, after the approval of This act, shall have
accepted any preference, having enable
cause to believe that the same was made or
gwen by the debtor, contrary to any provision
account OF which the preference was made or
given, nor shall he receive any dividend there.
from until he shall first have surrendered to
the assignee all property, money, benefit or ad-
vantage received by him under such prefer.
ence. The court shall allow all debts duly
proved, and 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
constituted attorney the same as though per-
sonRlly present.
SEC. "a And be IL further enacted, That a
supposed creditor VINO takes an appeal to the
circuit court from the decision of the district
court rejecting his claim in whole or in part
snail, upon entering his appeal in the circ nit
court, file in the clerks office thereof q state.
ment In writing of his claim, setting forth the
same, substantially, as in a declaration for the
same cause OF action at law, and the assignees
snail plead or answer thereto In like manner,
and like proceedings shall thereupon be had
In the pleadings, trial, and determination of
the cause, as In action at law commenc and
prosecuted, in the usual m ner, in the courts
OF the United States, except that no execution
shall be awarded against the assignee for the
amount OF debt found due to the creditor
The maj judgment OF the court shall be con.
elusive, and the list of debs shall, II neces-
sary, be altered TO conform thereto The party
prevailing In the suit shall be entitled TO costs
against the adverse party, to be tax ed and re-
covered as in suits at law; If recovered against
the assignee they shall be allowed out of the
estate A bill OF exchange, promssory note,
or otner instrument, used IN evidence upon
the proof OF claim, and left in court or de.
posted In theSDierk's office. may be deli yered,
by the register or clerk having the custody
thereof, to the person who used il, upon his
filing copy thereof, attested oy the clerk OF
the court, who shall endorse upon IL the name
OF the party against whose estate it has been
proved and the date and amount of any div
idend declared thereon
TO BE CONTINUED