Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-03-27

in such deposition shall appear to be true.
Such oath or solemn affirmation shall be
made by the claimant testifying of his own
knowledge, unless he is absent from the
United States or prevented by some other
good cspse from testifying, 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 his knowl-
edge, information, and belief, and setting
forth his means of knowledge. or, if in
forei gn country, the oath of the creditor
may be taken before any minister, consul, or
vice-consul of the United States and the
court may, if it shall see fit, require or re-
ceive further pertinent evidence, either Tor
or against the admission of the claim. Cor
porations may verify their claims by the oath
or solemn affirmation of their president,
cashier, or treasurer. Ii the proof is satls-
factory to the register commissioner, it
shall be signed by the deponent, and deliv-
cred 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 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 inspection of all the
tion of the assignee, or of any creditor, or OF
the bankrupt, 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 concerning 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, illegality, or mistake.
SEC. %. And be 1t further 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 assignee, he may post
pone the proof of the claim until the assig-
nee is chosen. Any person who, after the
approval of this act, shall have accepted any
preference, having reasonable cause to be
lieve that the same was made or given by the
debtor, contrary TO any provision of this act,
shall not prove the debt or claim on account
of which the preference was made or given,
nor shall he receive any dividend theretrom.
until he shall first have surrendered to the
assignee all property, money, benefit, or ad-
vantage received by him under such prefer
encc The court shall allow all debts duly
proved, and shall cause 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 personally present.
SEC. "a. And be II further enacted, That
supposed creditor who takes an appeal to the
| circuit court from the decision of the dis
trict court rejecting his claim, in whole or In
part, shall, upon entering his appeal IN the
circuit court, file in the clerks office thereof
a statement in writing of his claim, setting
F~rf h. hcso .onv fr,a dae-
laration for the same cause of action at law.
and the assignee shall plead or answer there
to in like manner, and like proceedings shall
| thereupon be had in the plcadings, trial, and
determination Of the cause, as In an action
at 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 a debt found due To the creditor. The
| final judgment of the court shall be conclu-
sive, and the list of the debts shall, if neces-
sarv, be altered to conform thereto. The
party prevailing in the suit shall be entitled
to costs against the adverse party, to be
+-xed and recovered as in suits at law If re
E Covered against the assignee they shall be al
| lowed out of the estate. \ bill Of exchange.
promissorv note, or other instrument, used
in evidence upon the proof of claim, and
left in court. or deposited in the clerk 8
office, may be delivered. by the register or
clerk having the custody thereof, to the per
son who used it, upon his filing copy there
of. attested by the clerk of the court, who
/ shall indorse upon it the name of the party
against whose estate it has been proved and
the date and amount of any dividend declar-
ed thereon.
oY PROPERTY PERIsHABLE AND IN DISPUTE
/ SEC. %. And be 1t further enacted, That
| when it appears TO to the satisfaction of the
court that the estate of the debtor. or any
part thereof. is of perishable nature. or
liable to deteriorate in value, the court may
order the same 70 bc sold. in such manner as
NAV be deemed most e1 pedient, under the di-
rection of the messenger or assignee, as the
case NAV be- who shall hold the funds receiv-
ed in place of the estate disposed of: and
whenever it appears to the satisfaction of the
court that the title to any portion of an es-
Il tate real or personal, which has come into
possession of the assignee, or which is claim
ed by him. is in dispute, the court may, up
on petition of the assignee, and after suct
notice to the claimant, his agent or attorney
as the court shall deem reasonable, order i
to be sold. under the direction of the as
signee who shall hold the funds received IL
place of the estate disposed of; and the pro-
ceeds of the sale shall be considered the
measure of the value of the property in any
suit or controversy between the parties Ill
anv courts But this provision shall not
prevent the recovery of the property from
the possession of the assignee by any proper
action commenced at any time before the
court orders the sale.
EXAMINATION OF BANKRUPTs.
SEC 26. And be it further enacted. Tha
the court may, on the application of the as
| han lHrI1y or nt
without any application, at all times requir
the bankrupt, upon reasonable notice, to at
tend and submit to an examination, on oath
upon all matters relating to the disposal o
= condition of his property, to his trade ant
dealings with others, and his accounts con
. corning the same to all debts due to o
= claimed from him, and to all other matter
: cerning his property and estate and tn
due settlement thereof according to law
which examination shall be in writing, an
+, shall be signed bv the bankrupt and file
q with the other proceedings and the coul
! may, in like manner, require the attendanC
:. of any other person as a witness, and if sue
n person shall fail to attend, on being summon
a | ed thereto, the court may compel his attenC
e ance bv warrant directed to the marsha
;, commanding him to arrest such person an
. bring him forthwith before the court, or b,
y fore register in bankruptcy. for examinatio
:, as such witness. If the bankrupt is impri
;. oned, absent, or disabled from attendance
the court may order him to be produced by I'll
4 jailer, or any officer in whose costody he ma
= be. or NAV direct the examination to be hat
= taken, and certified, at such time and plat
and in such manner as the court may dee
- proper. and with like effect as if such exam
- ination had been had in court. The banl
- rupt shall, at all times, until his discharg
40 be ubject to the order of the court, and sha