Year: 1867

| like manner, and like proceedings shall thereupon


be had in the pleadings, trial. and determination
| of the cause, as in 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 conclusive, and


the list of debts shall, if necessary, be 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


law; if recovered against the assignee they shall
be allowed out of the estate. A bill of exchange,
| promissory note, or other instrument, used in
evidence upon the proof of claim, and left in
court or deposited in the clerks office, may be


delivered, by the register or clerk having the


tody thereof, to the person who used it, upon his
| filing copy thereof attested 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.


OF PROPERTY PERIsHABLE AND IN DISPUTE.
| SEC. 25. And be it further enacted That when


it appears to the satisfaction of the court that the
| estate OF the debtor or any part thereof is of a


pershable nature, or liable to deterorate in val


ue, the court may order the same to be sold, in
| such manner as may be deemed most eXpcdient,
| under the direction of the messenger OF assignee
| as the case may be, who shall hold the funds re
| ccived i'll place of the estate disposed of; and


whenever it appears to the satisfaction of the
court that the title to any portion of an estate
| real or personal, which has come into possession


of the assignee or which is claimed by him, is in
dispute, the court may, upon the petition OF the
| assignee, and after such notice to the claimant
| his agent or attorney, as the court shall deem


reasonable, order it to be sold, under the direction
ofthe assignee, who shall hold the funds received
| in 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 contro
versy between the parties in any court But this
provision shall not prevent the recovery of the





any proper action commenced at any time before
the court orders the sale.


EXAMINATION OF BANKRUPTs.


Sec. 26. and be it ttit1the7' enacted That the
court may, the application of the assignee il.
bankruptcy, or of any creditor, or without any
application, at all times require the bankrupt,
upon reasonable notice, to attend and submit to
an eX animation, on oath, upon all matters rea-


ting to the disposal or condition of his property,


to his trade and dealings with Others and lis ac-
counts concerning the same, to all debts due to
or claimed from him, and to all other matters
concerning his property and estate and the due
settlement thereof according to law which exam


ination shall be in writing, and shall be signed by
the bankrupt and filed with the other proceed
ings and the court may, in like manner, require
tie attendance ofany other person witness and
il such person shall fail to attend, on being
moned thereto, the court may compel his attend
ance by warrant directed to the marshal, com
manding him to arrest such person and bring
him forthwith before the court, or before reg
lister in bankruptcy, for examination as such wit
ness If tine bankrupt is imprisoned, absent, or
disabled from attendance, the court may order
him to be produced by the jailer, or any officer
in whose custody he may be, or may direct the
examination to be had, taken, and certified, at
such time and place and in such manner as the
court may deem proper, and with like effect asif
such examination had been had in court. The
bankrupt shall at all times, until his discharge,
be subject to the order of the court and SHALL at
he a9yrlpn nf hp pSta q ri
tingS and instruments, and do and perform all
acts required by the court touching the assigned
property or estate, and to enable the assignee to
demand recover, and receive all the property and
estate assigned wherever situated and for neg
lect or refusal to obey any order of the court,
such bankrupt may be committed and punished
as for a contempt of court. If the bankrupt is
without the district, and unable to return and
personally attend at any of the times or do any
of the acts which may be specified or required
pursuant to this section, and if it appears that
such absence was not caused by wilful default,
and if as may be after the removal Of such
impedment, he offers to attend and submit to
the order Of the court in all respects, he shall be
permitted so to do, with like effect as if he had
not been in default. He shall also be at liberty,
from time to time, upon oath to amend and cor
rect his schedule of creditors and property, so
that the same shall conform to the facts. For
good cause shown, the wife of any bankrupt may
be required to attend before the court to the end
that the she may be examined as witness and
if such wife do not attend at the time and place
specified in the order, the bankrupt shall not be
entitled to discharge unless he shall prove to
the satisfaction of the court that he was unable
to procure the attendance of his wife. No bank
rupt shall be liable to arrest during the pendency
of the proceedings in bankruptcy in any civil ac-
ton, unless the same is founded on some debt or
claim from which his discharge In bankruptcy
would not release him.


OF THE DISTRIBUTION OF THE BANKRUPT's


ESTATE.


I,,1 bo f,,Yfbo hat oil
creditors whose debts are duly proved and allow
ed shall be entitled to share in the hankrupts
property and estate pro rata, without any priori-
tv or preference whatever, except that wages due
from him to any operative, or house sevant, to an
amount not exceeding fifty dollars, for labor per-
formed within six months next preceding the ad-
judication of bankruptcy, shall be entitled to
priority and shall be first paid in full Provided,
That any debt proved by any person liable as
BAIL surety, guanantor, or otherwise, for the
bankrupt shall not lie paid to the person so prov
ing the same until satisfactory evidence shall be
produced of the payment of such debt by such
person so liable, and the share to which such
debt would be entitled may be paid into court,
or otherwise held for the benefit of the party en-
titled thereto, as the court may direct At the
expiration of three months from the adjudication
of bankruptcy in any case, or as mnch earlier as
the court may direct, the court upon request of
the assignee, shall call general meeting of the
creditors, of which due notice shall be given, and
the assignee shall then report, and exhibit to Ie
court and to the creditors just and true accounts
of all his receipts and payments, verified by his
oath, and he shall also produce and file vouchers
for all payments for which vouchers shall be re-
quired by any rule of the court; he shall also
submit the schedule of the bankrupt's creditors
and property as amended, duly verified by the
bankrupt and statement of the whole estate of
the bankrupt as then ascertained, of the property
recovered and of the property outstanding, spec
living the cause of its outstanding, also what
debts or claims are yet undetermined, and sta
ting what sum remains in his hands. At such
meeting the majority in value of the creditors
present shall determine whether any and what
part of the net proceeds Of the estate, after de-
ducting and retaining a sum sufficient to provide
for all undetermined claims which, by the reason
of the distant residence of the CREDITOR foI
other sufficient reason, have not been proved
and for other expenses and contingencies, shall
be divided among the creditors but unless at
least one-halt in value of the creditors shall at
tend such meeting, either in person or by attor-
ney it shall be the duty the assignee so to deter
mine In case dividend is ordered, the register
shall, within ten days after such meeting, prepare
a list of creditors entitled to dividend, and shall
calculate and set opposite to the name of each
creditor who has proved his claim the dividend
to which he is entitled out of the proceeds of the
estate set apart for dividend, and shall forward
by mail to every creditor a statement of the divi
denG to which he is entitled, and such creditor
shall be paid by the assignee in such manner as
the court may direct


SEC. 2S And be it further enacted, That the
the next three months, earlier, if practicable,
and third meeting of creditors shall then be
called by the court, and final dividend then de-
clared unless any action at law or suit in euuity