, 1867-06-28


any way affected, Influenced or controlled, and
no claim shall be allowed unless all the state
ments set forth in such deposition shall appear
to be true. Such oath solemn affirmation
shall be made by the claimant, testifying of bis
own knowledge, unless be Is absent from the
United States, or prevented by some other good
cause 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 knowledge, information, and be>
lief, and setting forth his means of knowledge;
or if in foreign country, the oath of the credis
tor may be taken before any minister consul,
or vice consul of the United States and the
court may, lit shall see ct, require or receive
further pertinent evidence either for or against
the admission of the claim. Corporations may
verify their claims by the oath or solemn afr
nations of their president cashier, or treasurer.
Ii the proof is satisfactory to the register or
commissioner, it shall be signed by the deponent,
and delivered or sent by mail to the assignee,
who shall examine the same and compare it
vito 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 amount and
nature of the debts, which books shall be open
to the inspection of all the creditors. The court
may, 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 rendering who has made proof of
claims, and may summon any person capable of
| giving evidence concerning such proof, or con-
cernpg the debt sought to be proved, and shall
reject all claims not duly proved. where the
| proof shows the claim to be founded in fraud,
! illegally, mistake.
Sec. %. AHd be ii further enacted, That when
claim is presented for proof before the election
of the assignee, and the judge entertains donbts
Iofi tie al 49, fko e
| prove it, and is of opinion that such validity of
right ought to be investigated by the assignee,
he may postpone the proof fthe claim until the
assignee is chosen. Any person who, after the
approval Of this act, shall have accepted auy
preference, having reasonable cause to believe
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 re
ceive any dividend therefrom until he shall first
have surrendered to the assignee all property,
money, benefit or advantage received BY him un-
der such preference. The court shall ALLOW all
debts duly proved, and shall cause a list thereof
to be made and certified by one of the registers I;
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 enaeied That sun.
posed creditor who takes an appeal to the circuit
court from the decision of the district court res
jecting his claim in whole or in part, shall. upon
entering his appeal in the circuit court, file in
the clerks office thereof statement in writing
of his claim, setting forth the same substantial
ly, as in declaration for the same cause of ac-
ton at law, and the assignees shall plead or an
swer thereto in like manner, and like proceed
lngs shall thereupon be had in the pleadinps
trial, and determination of the cause, as in acS
ton 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 conclusive and tile list of
debts shall, if necessary, he altered 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 Jaw ; if
recovered against the assignee they shall be al.
lowed out Of tire estate. \ bill of exchange
promiSsory note. or other instrument, used in
| evidence upon the proof of claim, aud left in
court, or deposited in the clerks office NAV be
delivered, by the register or clerk having the
custody thereof, to the person who used it, upon
histling a copy thereof, attes,ed by the clerk
of the court, who shall endorse upon It the name
| of the party against whose estate it has been
| proved and the date and amount of any dividend
declared thereon.
CONCLUDED