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


change, promissory note, or other obligation
in respect of distinct contracts as member
of two or more firms carrying on separate and
distinct trades. and having distinct estates TO
be wound up in bankruptcy, or as sole tr;i'
der and also as member of firm, the cir
cumstauce that such firms are in whole or in
part composed of the same individuals, or
that the sole contractor is also one OF the
joint contractors, shall not prevent proof and
receipt Of dividend in respect of such distinct
contracts against the estates respectively lia'
BILE upon such contracts.
SEC. %. And be it further enacted, That
all proofs of debts against the estate of the
bankrupt, by or in behslf ofcreditcrS residing
within the judicial district where the pro
ceedinss in bankruptcy are pending, shall be
made before one of the registers OF the court
in said district, and by or in behalf Of nom
resi1en. debtors bsfore any register in bank
ruptcy in the judicial district where such
creditors or either of them reside, or be-
fore any Commissioner Of the Circuit Court
authorized to administer oaths in any dis
trict. 70 entitle a claimant against the
estetc of bankrupt TO have his demand al
lowed, it must be verified by deposition in
writing on oath or solemn affirmation before
the proper register or commissioner, setting
forth the demand, the consideration thereof,
whether any and what securities arc held
therefor, and whether any and what paytr ents
have been made thereon that the sum claim
ed is Justly due from the bankrupt to the clai-
mant; that the claimant has not, nor has any
other person, for his use, received any securi-
ty or satisfaction whatever other than by him
set forth; that the claim was not procured
for the purpose of influencing the proceed
ings under this Act, and that no bargain or
agreement, expressed or implied, he's b@en
made or entered into, By or on behalf OF snch
creditor, to sell, transfer or dispose Of the
said claim, or any part thereof, against sacn
bankrupt. or take or receive, directly or in
directly, any money, property Or considers
ton whatever, whereby the vote ofsuch cred
itor for assignee, or any action en tia part ''t
such creditor or any other person in the pro
ceedng under this Act, is or shall DC in any
way affected, influenced or controlled, aId no
claim shall be allowed unless all the State
ments set forthin such deposition shall appear
TO be true. Such oath or solemn affirmation
shall be made by the claimant, testi;ing OF
his own knowledge, unless he is absent from
the United States or prevented by some 9th
or good cause from testifyng, in which cases
the demand may be verified in like manner
by the attorney or authorized agent of toe
complainant testifying to the best of his
knowledge, information and belief, and scttlng
forth his means of knowledge; or il in for
eigu country, the oath of the cre.iitor may b.
taken before any minister, consul or vice coua-
sui Of the United States and The court may, il
it shall see fit, require or :elye further prtl
len, evidence, either for Or against ths ain Is
sivn of h claim. Corpo atons may verify th' r
Claims by the oath or soemn affirmation OF
their president, cashier or treasurer. Ii tle
proof s satisfactory to the Register or Corr
missioner, it shall be signed by the dcponent,
and delivered or seDtby mail to the assignee,
who shall examine the same aud compare II
with the Douks aud accounts 1t III. bankrupt:
and s;all register, in o book I" oe kept oy
him for that purpose, the names VI creditors
who have proved their claims, IL the order III
which such proof is received, stating the ;ime
OF receipt of such proof, aud the amount and
nature of the dcbts, which books shall be
open to the inspection Of ali lie creditors.
The court may, on the application Of the as
signee, or of any creditor. or II the bankrupt
or without any application, examine up
oath the bankrupt, or any person tendeTlng
or who has made proof of claims, aad may
summon any person capable ofgiV;ng evidence
concerning such proof, or concerniog he "h
sought TO be proved, and shall rel all
claims not duly proved, OF where t pr'iot
shows the claim 10 be founded in aud, lie
gali,y or mistake.
SEC. %. And be it further enacted, That
when claim is presented for proof before
the election Of the assignee, and the judge
cntertains doubts ofiIs validity Or of the righ:
of the creditor o prove it, and is OF opinion
that such validity or right ought to be inves
tigated ty the assignee. he MAJ posipone the
pruof of the claim until the assignee is cho
sen. Any person who aitec he approval OF
this Act, saaIi have accepted any preference,
having reasonable c;.use to believe that t.ic
same was made or given by lac debtor, con'
trary TO any provision OF this Act, shall not
nroyc the debt Or claim on account OF which
the preference waa made or given, nor shail
he receive any dividend theretrom until L"
shall nrSt nave SURRENDERED " tAc "'@' '''
property money, benei or ADVANTAGE recelv
ed by him under such preference. Tie court
shall allow all debts duly proved, and shall
cause list thereof to be made and Certified
by one ofthe registers and any creditor may
act at all meetings by his duly constituted
attorney toe same US though personally
present.
SEC. 81. And be it fu:ther enacted, Tia:
q supposed creditor who takes an appeal to
the Circuit Court from the decision oi the
District Court rejecting his claim, ii whole
or in part, shall, upon entering his appeal IL
the Circuit Court, file in the clerks Office
thereof o statement in wiring, OF his claim,
setting forth the same, substantially as in de-
cIaration for tie same cause of action at Law
aud the assignee shall plead OF answer there
to in like manner, an: like proceedings ahsll
thereupon be had in tho plcadings, trlal and
determination of the cause, rs lu en- action ut
law commenced and prosecuted. in the usual
manner, in the courts OF the United States,
except that no execution shall be awarded
against the assignee for the amount OF debt
fund due to the creditor. The final juds
ment of the court shall be conclusive, ami
the list of debts shall if necessary, be alter
ed to conform thereto. The party prevailing
in the suit shall be entitled to costs against
the adverse party, to be taxed and recovered
as in suits at law if recovered agains. the
assignee they shal be allowed out # the es-
tate. A bill OF exchange, promissory note,
or other instrument, used in evidence upon
the proof of claim, and Left in court, or de-
posted in the clerks Office. may be deiv-
cred, by the register or clerk having The Gus
tody thereof, to the person who used it, upon
his filing copy thereof, atiested by the clerk
of the court who shall endorse upon it the
name OF the party against whose estate it has
..,,oJ IA thh doto o,1 omonnt oi onv