The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-05-05

fected, and further PROVIDED, tHat
creditor proving his debt or claim snail
not be held to have waived his right
! of action or suit against the debtor
where a discharge has been refused or
| the proceedings have been determined
| without a discharge. And no creditor
whose debt is provable under this ACT
shall be allowed, after the commence
/ ment of proceedings in insolvency, 10
prosecute to final judgment any acloh
/ therefor against the debtor until the
question of the debtors discharge shall
| have been determined and any such
suit or proceeding shall, upon the APP
plication of the debtor or of any cred
itor, or the assignee, be stayed to await
| the determination of the court in in
solvency on the question of discharge;
provided that there be no unreasona-
| bic delay on the part of the debtor or
| the petitioning creditors. as the case
may be- in prosecuting the case to its
conclusion; and provided also, that II
| the amount due the creditor is in dis
pute, the suit by leave of the court in
| insolvency may proceed to judgment
! for the purpose of ascertaining the
amount due, which amount may be
| proven in insolvency, but execution
| shall be stayed as aforesaid; provided
| further. that where a valid lien or at
| tachment has been acquired or Sc
| cured in any such action, and an I'M
dertaking been offered and accepted in
| lieu of such lien or attachment, the
| case may be prosecuted to final judg-
ment for the purpose of fixing the LA
bility of the sureties upon such under
| taking but execution against the in
solvent upon such judgment shall be
| stayed.
| JUDGMENT ON ORDER OF APPEAL
| Section 943 of the Code of Civil Pro-
| cedure was amended to read as fol-
| lows:
943. If the judgment or order appeal
| ed from direct the assignment or de-
| livery of documents or personal prop
| erty, the execution of the judgment or
order canot be stayed by appeal, unless
| the things required to be assigned or
delivered be placed in the custody of
| such officer or receiver as the court
| may appoint, or unless an undertaking
| be entered into on the part of the APP
pellant, with at least two sureties, and
| in such amount as the court, or
| Judge thereof, may direct, to the effect
| lIldl Tie appellant VIII OBEY the OTueT
of the appellate court upon the appeal.
| If the judgment or order appealed from
| appoint a receiver, the execution of
the judgment or order cannot be stay
| ed by appeal, unless a written I'M
| dertaking be executed on the part of
| the appellant, with two or more sure
| ties, to the effect that if such judgment
| or order be affirmed or the appeal dis
missed the appellant will pay all dam
| ages which the respondent may sustain
| by reason of such stay, not exceeding
an amount to be fixed by the Judge of
the court by which the judgment was
| rendered or order made which amount
must be specified in the undertaking.
| If the judgment or order appealed from
| direct the sale of personal property
upon the foreclosure of a mortgage
| thereon, the execution of the judgment
or order cannot be stayed on appeal,
| unless an undertaking be entered into
on the part of the appellant, with at
| least two sureties, in such amount as
| the court, or the Judge thereof, may di-
| rect, to the effect that the appellant
| will. on demand, deliver the mort
gagged property to the proper officer if
| the judgment be affirmed, or in de-
| fault of such delivery that the appel
| liant and sureties will, on demand, pay
| to the proper officer the full value of
| such property at the date of the ap-
| peal.
VERIFIED SALES.
Section 1915 of the Code of Civil Pro-
| cedure, relating to the verification of
sales, is amended to read as follows:
| 1915. When a sale has been made by
| an executor or administrator of any
| property of the estate, real or personal,
| he must return to the court, within