Newspaper Page Text
The Greorgia "Weelsly' TelegrapH.'
inforjia 'IBrcklti <r'tlrgrn^{j
<;i:vi;kai. is u "'
VMUkMfqIOlP WNEW BANKHUPTA
jp r<M !««>»• *■«»•* Voluntary and *nvoI
iininry Bail Ur lip toy.
rKOFKUTY KXFjrTTED UNDER THE ACT, ETC.
The following is the text of the very im
portant Bankrupt Bill agreed upon by the
Conference Committees and adopted by each
houso of Congress. The President has signed
it,- and the Bill is therefore now n law of the
And:•" tTX •“ '
AU ACT to BiHMHI A UNIFORM SYSTF.
OP BANKRUPTCY THROUGHOUT TI1K UNITED
STATER.
Bo it enacted by the Benato and House of
Representatives of the United States of
America in Congress assembled. That the
several District Courts ot the United States
be, and they hereby arc, constituted courts of
bankruptcy, and they shall lmvo original ju
risdiction in their respective districts in all
matters anti proceedings in bankruptcy, and
they are hereby authorized to hear nud ad
judicata upon the same according to the pro
visions of this Act. The said courts shall be
always open for the transaction of business
under this Act, and the powers and jurisdic
tion hereby granted and conferred shall bd
exercised as well in vacation as in term time,
and a judge sitting at chambers shall have
the same power and jurisdiction, including
the power of keeping order and of punishing
nny contempt of bis authority, ns when sit
ting in court. And the jurisdiction hereby
conferred shall extend to all cases and con
troversies arising between the bankrupt and
any creditor or creditors who shall claim any
debt or demand under tiie bankruptcy; to
tho collection of all tho assets of the bnnfc-
rupt; to the ascertainment and liquidation
of the liens and other specific claims there
on ; to the adjustment of the various priori
ties and conflicting inteiests of all the par
ties ; uud to the marshaling and disposition
of the different funds and assets, so as to se
cure the rights of all parties and due distri
bution of tue assets among all the creditors:
and to oil acts, matters and things to be done
under and in virtue of the bankruptcy, until
the final distribution and settlement of the
estate of the bankrupt, and the close of the
proceedings in bankruptcy. The said courts
ahull have full authority to compel obedience
to all orders and decrees passed by them in
bankruptcy, by process of contempt and
other remedial process, to the same extent
that the Circuit Courts now have in nny suit
pending therein in equity. Said courts may
sit for the transaction of business in bank
ruptcy at any place in the district, of which
place,* and tho time of holding court, they
shall have given notice, as well as at the
places designated by law for holding such
courts.
Sec. 2. And be it further enacted, That the
several Circuit Courts of tile United States,
within and for the districts where the pro
ceedings in bankruptcy shall be pending,
shall have n general superintendence andju-
.risdiction of nil cases and questions arising
under this Act; and, except when special pro
vision is otherwise made, may, upon bill, peti>
tition, or other proper process, of any party
aggrieved, bear and determine the case as a
Court of Equity. The powers and jurisdic
tion hereby granted may be exercised either
by said court or by any justice thereof, in
term time or vacation. Said Circuit Courts
shall also have concurrent jurisdiction with
the District Courts of tho snmo district of all
suits at law or in equity which may or shall
be brought by the assignee in bankruptcy
against nny person claiming an adverse inter
est, or by such person against such assignee,
touching any property or rights ot property
of said bankrupt trnnslerrable to or vested in
such assignee; but no suit at law or in equity
shall in any case be maintainable by or against
such assignee, or by or against any person
claiming an adverse interest, touching the
property and rights of property aforesaid, in
nny court whatsoever, unless the same shall
be brought within two years from the time
the cause of action accrued, for or against
such assignee: provided, that nothing herein
contained shall revive a right of action barred
at the time such assignee is appointed.
OP TUB ADMINISTRATION OK TIIE LAW IN
.Courts ok bankruptcy.
Sf.c. o. And be it furthor enacted, That it
•shall bo the duty of the Judges of the Dis
trict Courts of the United States, within and
for the several districts, to appoint in each
Congressional district in said districts, upon
the nomination and recommendation of the
Chief .Tnstico of tho Supreme Court of the
United States, one or more registers in bank
ruptcy, to assist the Judge of the District
Court in the performance of his duties under
this Act. No person shall be eligible to such
appointment unless he be a counsellor of said
Court, or of some one of tho Courts of Rcc •
ord of the State in which lie resides. Before
entering upon the duties of his office, every
person so appointed a register in bankruptcy
shall give a bond to the United States, with
condition that ho will faithfully discharge
the duties of his office, in a sum not less than
$1,000, to be fixed by said court, with sure
ties satisfactory to snid court, or to either of
tho said justices thereof; and ho shall, in open
court, take and subscribe the oath prescribed
in the Act entitled ■* An A< t to piv^-ribo ;m
oath of office, and for other purposes,^ ap
proved Jnly 2,1882, and also that lie will
not, during his continuance in ofiico, be, di
rectly or indirectly, interested in o* benefited
by the fees or emoluments arising from any
suit or matter pending in bankruptcy, in
either the District or Circuit Court in his
district -• •
Sec. 4. And be it further enacted, That
every register in bankruptcy, so appointed
and qualified, shall have power, and it shall
bo his duty, to make adjudication of bank
ruptcy, to receivo the surrender of any bank
rupt, *to administer oaths in all proceedings
before him, to hold and preside at meetings
of creditors, to take proof of debts, to make
all computations of dividends and all orders
of distribution, and to furnish the assignee
with a certified copy of such orders, and of
the schedules of creditors And assets filed ill
each ease, to audit and pass accounts of as
signees, to graut protection, to pass the last
examination of nny bankrupt in rases when
ever tho assignee or a creditor do not oppose,
and to sit in Chambers and dispatch there
such part of tho administrative business of
tho Court and such uncontestcd matters as
shall ho defined in general rules and orders,
or ns the District Judge shall in nny particu
lar manner direct; and ho shall also make
short memoranda of his proceedings in each
cast in which ho shall act, in a docket to i><-
kept by him for that purpose, mid he shall
forthwith, as the proceedings are taken, for
ward to the Clerk of tho District Court a
certified copy of said memoranda, which
shall be ontered by said Clerk in the proper
minute-book to be kept in lii.s office, nnd any
register of tho Court may act or any other
register thereof; Provided, however, that
nothing in this section contained shall em
power a register to commit for contempt, or
to hear a disputed adjudication, or any ques
tion ot tho allowance or suspension of an or
der of discharge; but in all matters where
an issued’ fact or of law is mis- d and con
tested by any party to the proceedings be
fore him.it shnll belli* duty to cause the
question or issue to be stated by the oppo
sing parties in writing, and lie shall adjourn
the same into' Court lor decision by the
Jndgc. No register shnll be of counsel or
attorney either in or out of Court, in any suit
or matter pending In bankruptcy in cither
the Circuit Di-trict Court of his district, or
in an appeal therefrom ; nor shall he be ex
ecutor, administrator, guardian, commission
er, appraiser, divider, or assignee of or upon
any estate within the juris lietion of either of
said Courts of baukiuptcy, uor be interested
in the ices or cuiolumeuu arising from either
of said trusts. The tees of haid registers, as
established by this Act, nnd by the general
rules nnd orders required to be framed under
it, shall be paid to them by tiie parties for
whom the service may be rcnderety.m the
course of proceedings authorized by this Act.
Sec. 5. And bo it further enacted, That
the Judge of the District Court may direct a
register to attend at nny place within the
district for the purpose of hearing such vol
untary applications ttndur this Act as may
not be opposed, of attending any meeting of
creditors, or receiving nny proofs of debts,
and, generally, for the prosecution of any
bankruptcy or other proceedings under this
Act; nnd the traveling and incidental ex
penses of such register and of any clerk or
other officer attending him. incurred in so
acting, shall be settled - by said court in ac
cordance with the rules prescribed under the
tenth section of this Act, nnd paid out ofthc
assets of the estate in respect of which suelt
register lias so acted; or if there be no such
assets, or if tbe assets shall be insu:-
ficient, then such expenses shall form
a part of the costs in the case or cases in
which the register shnll havo acted in sneli
journey, to be apportioned by the judge, nnd
such register, -so acting, shall have anil exer
cise all powers, except the power of commit
ment, vested in the District Court for the
summoning and examination of persons or
witnesses •anti for requiring the production
of books, papers and doenments; Provided
always, That all depositions of jjersons and
witnesses taken before snid register, and all
acts done byliim, shall be reduced to writing
and be signed by him, and shall be filed in
tbe clerk’s office as part of the proceedings.
Such register shall be subject td removal by
the Judge of the District Court, and all va
cancies occurring by such removal, or by res
ignation, change of residence, death or disa
bility, shall be promptly filled by other fit
persons, unless said court shall deem the con
tinuance of the particular office unnecessary.
Sec. 6. And.bo it further enacted, That
any party shall, during tho proceedings be
fore a register, bo at liberty to tako tbe opin
ion of tho District Judge upon any point or
matter arising in the course of such proceed
ings, or upon the Tesult of such proceedings,
winch shall bo stated by tho register in the
shape of n short certificate to tbe judge, who
shall sign the same if he approve thereof;
nnd such certificate, so signed, shall be bind
ing on all the parties to tho proceedings; but
every such certificate may be discharged or
varied by the judge at chambers or in open
court. In any bankruptcy, or in any other
proceedings within the jurisdiction of the
court, under this Act, the parties concerned,
or submitting to such jurisdiction, may at
any stage of tbe proceedings, by consent
state any question or questions in a special
case for the opinion of tiie conrt; and the
judgment ot the conrt shall be final, unless it
be agreed and stated in snch special case that
either party may appeal, if, in such case, au
appeal is allowed by this Act The parties
may also, if they think lit, agree that upon
the question or questions raised by such
special case being finally decided, a sum of
money, fixed by the parties, or to be ascer
tained by the court, or in such mnnner as the
cour may direct, or any property, to tbel
amount of any disputed debt or claim, shall
be paid, delivered or transferred by one to
such parties to the other of them, either with
or without costs.
Sec. 7. And be it further enacted, That
sartics nnd witnesses summoned before a reg
ister shall be bonnd to attend in pursuance
of such summons at the place and time des
ignated therein, and shall be entitled to pro
tection, nnd be liable to process of contempt
in like manner as parties nnd witnesses are
now liable thereto in case of default in at
tendance under any writ of subpeenn; and all
persons willfully and corruptly swearing or
affirming falsely before a register shall be lia
ble to all tbo penalties, punishments nnd con
sequences of perjury. If any person exam
ined before a register shnll refuse or decline
to answer, or to swear to or sign bis exami
nation when taken, the register shall refer the
matter to tiie judge, who shall have power to
order the person so acting to pay the costs
thereby occasioned, if such person be com
pellable by law to answer such question or to
sign such examination, and such person shall
also be liable to be punished for contempt. |
the United States, containing a full and true! in which such 'bank,rnpt is a 'party ih pis
statement of all his debts, ami, as far as pua ' mvn name, in tin- s.iint- manner mil wifVfh&i quired by
sible, to whom due, with the place of fesi-jlike effect as they might have been groin- 'order or cl
dence of such creditor, ifknown to the debtor;' cuted ondefended by such bankrupt; anwk
copy, (fifty certified-by tbe clerk ot tliij court,
under the seal thereof; Of the assignment
and it not known, the tact to be so stated, nnd
the Sum due to such creditor; also the nature
ol’each debtor demand, whether founded on
written security, obligation, contract or oth
erwise ; and nlso the true cause and conside
ration of such indebtedness in each case, and
the place where such indebtedness accrued,
and a statement ol any existing mortgage,
pledge, lien, judgment or collateral or other
security given for the payment of the same;
and shall alao wse» to his petitionaccu-
nto inventory verified in like manner, of nil
his estate, both real and personal, assignable
under this Act, describing tiie same, and
stating where it is situated, and whether there
arc any. nnd if so what incumbrances there:
on; the filing of such petition slioji be an act
of bankruptcy, and such petitioner shall be
adjudged a bankrupt; Provided. That all any books of account of the bankrupt,
citizens of the United States petitioning to
be declared bankrupt shnll, on tiling such pe
tition, and before any proceedings thereon,
take nnd subscribe an oath of allegiance and
fidelity to the United States, which oath shall
be filed and recorded with the proceedings
in bankruptcy. And the Judge of the Dis
trict Court, or if there be no opposing party,
any register of said Court, to be designated
by*the Judge, shall forthwith, if he be satis
fied tbat the debts due from the petitioner
exceed $300, issue a warrant, to be signed by
sucli Judge or Register, directed to the Mar
shal of said District, authorizing him forth
with, as messenger, to publish notices in such
newspapers as the warrant specifices; to serve
written or printed notice, by mail, or per
sonally, on all creditors upon the schedule
filed with the debtor’s petition, or whose
names may be given to him, in addition, by
the debtor, and to give such personal or other
notice to any persons concerned as the war
rant specifies, which notice shall state:
First. Tli at a warrant in bankruptcy has
been issned against tbe estate of the debtor.
Second. Tbat the payment of any debts
and the delivery of any property belonging to
such debtor to him or for his use, nnd the
transfer ol any property by him, are forbid
den by law.
Third. That a meeting of the creditors of
the debtor, giving the names, residences and
amounts, so iar ns known, to prove their
debts and choose one or more assignees of
his estate, will be held at a Court of Bank
ruptcy, to be holden at the time and place
designated in tiie warrant, not less than ten
nor more than uinety days after the issuing of
the same.
ok appeals and practice.
Sec. 8. And be it further enacted, Tbat
appeals niny bo taken from the District to
the Circuit Courts in all cases in equity, and
writs of error may be allowed to said Circuit
Courts from said District Courts in cases at
law under the jurisdiction created by this
Act when the debt or damages claimed amount
to more than $300, nnd nny supposed creditor,
whose claim is wholly or in part rejected, or
an assignee who is dissatisfied with the al
lowance of a claim, mny appeal from the de
cision of the District Court to the Circuit
Court for the same district; but no appeal
shall be allowed in any cose from the District
to tho Circuit Court unless it is claimed, and
notice given thereof to the Clerk of the Dis
trict Court, to be entered with the record of
the proceedings, and also to tbe assignee or
creditor, as the case may be, or to the defeat
ed party in equity, within ten days alter the
entry of the decree or decision appealed
from. The appeal shall be entered at the
term of the Circuit Court, which shall be first
held within and for the district next after
the expiration of ten days from the time of
claiming the same. But if the appellant, in
writing, waives Iris appeal before any decision
thereon, proceedings may bo bad in tbo Dis
trict Court as if no appeal had been taken,
and no appeal shall bo allowed unlesa tho
ppellant, at the time of claiming the same,
shall give bond in manner now required by
law in cases of such appeals. No writ of er
ror shall be allowed unless the party claiming
it shnll comply with the statutes regulating
the granting of such writs.
Sec. 9. And be lt further enacted, That in
cases arising under this Act no appeal or writ
of error shall be allowed in aoy case front the
Circuit Courts to tiie Supreme Courts of the
United States, unless the matter in dispute in
such case shall exceed $2000.
Sec. 10. And he it further enneted, That
the Justices of the Supreme Court of tho
United States, subject to the provisions of
this Act, shall frame general orders for the
following purposes:
For regulating tbe practice rind procedure
ofthc District Courts in bankruptcy, and tho
several forms of petitions, orders and other
proceedings to be used in said courts in all
nintters under this Act;
For regulating the duties of the various
officers of said courts;
For regulating the fees payable and tho
charges and costs to be allowed, except such
as arc established by this Act or by law,
with respect to all proceedings in bankruptcy
before said courts, not exceeding the rate of
fees now allowed by Inw for similar services
in other proceedings;
Forregul iting the practice and procedure
ftpon appeals;
For regulating the filing, custody and in
spection of records; #
And generally for carrying the provisions
of this Act into*effect.
After such general orders shall have been
so framed, they or nny of them may l>o re
scinded or varied, and other general orders
mayffio framed in manner aforesaid ; nnd all
such general orders so framed shall from time
to time be reported to Congress, with such
suggestions as said justices may think proper.
VOLUNTARY BANKRUPTCY—commencement
PROCEEDINGS.
Sec. 11. And be it further enacted, That
if any person residing within the jurisdiction
of the l nited $tatcs, owing debts provable
under this act exceeding the amount of $300,
shall apply by petition addressed to the judge
of the judicial district in which such debtor
lms resided.or carried on business for the six
months next immediately preceding tho time
ot filing such petition, or for the longest pe
riod during such six mouths, setting forth his
place of residence, his inability to pay alibis
debts in lull, his willingness to surrender all
his estate and effects for the benefit of his
creditors, and liis desire to obtain the benefit
of this Act, and shall annex to his petition a
schedule verified by oath before the Court or
before a register in Bankruptcy, or before one
of tho Commissioners of the Circuit Court of
OK ASSIGNMENTS AND ASSIGNEES.
Sec. 12. And be it further enacted, That
at the meeting, held in pursuance of the no
tice, one ot the registers of the court shall
preside, and the messenger shall make return
of tbe warrant and of his doings thereon;
and it it appears that the notice to the cred
itors has not been given as required in the
warrant, the meeting shall forthwith be ad
journed. and a new notice given as required
If the debtor dies after the issuing of tho
warrant, the proceedings may be continued
and concluded in like manner as if he had
lived.
Sec. 13. And be it further enacted, That
the creditors shall, at tiie first meeting held
after due notice from the messenger, in pres
ence of a register designated by the Court,
choose one or more assignees of the estate of
the debtor; the choice to Be made by tbe
greater part in value and in number of the
creditors who have proved their debts. If
no choice is made by the creditors at said
meeting, the judge, or if there be no oppo
sing interest, the register, shall appoint one
or more assignees. If an assignee, so chosen
or appointed, fails within five days to express
in writing his acceptance ol the trust, the
Judge or register may fill tiie vacancy. AU
elections or appointments of assignees shall
be subject to the approval of the Judge, and
when in his judgment it is for any cause
needful or expedient, he may appoint addi
tional assignees, or order a new election. Tfie
judge at any time may, and upon the request
in writing of any creditor who lias proved his
claim, shall require the assignee to give good
and sufficient bond to tbe United States,
with a condition for tiie faithful performance
and discharge of his duties; the bond shall
be approved by the Judge or register by his
endorsement thereon, shall be tiled with the
record of the case, and inure to the benefit
of all creditors proving their claims, and
may be prosecuted in tbe name and for the
benefit of tiie injured party. If the assignee
fails to give the bond within such time as the
judge orders, not exceeding ten days after
notice to him of such order, the Judge shall
remove him and appoint another in Hs place.
■Sec. 14. And be It further enacted, That
as soon as said assignee is appointed and
qualified, tiie judge, or where there is no op
posing interest, the register shall, by an in
strument under his baud, assign and convey
to the assignee all the estate, real and person
al, of the bankrupt, with all his deeds, books,
and papers relating thereto, and such assign
ment shall relate buck to the commencement
of said proceedings in bankrupt^y^and tb$re-
upon, by operation of law, the title to all
such property and estate, both real and per
sonal, shall vest in said assignee, although the
same is then attached on mesne process as
the property of the debtor, and shall dissolve
any such attachment made witbinioor months
next preceding the commencement of said
proceedings ; Provided, however, that there
shall be excepted from the operation of the
provisions of this section the necessary house
hold and kitchen furniture, and such other
articles and necessaries of such bankrupt os
the assignee shall designate and set apart,
having reference iu the amount to the family,
condition and circumstances of the bankrupt,
but altogether not to exceed in value in any
cose the sum of five hundred dollars, and also
the wearing apparel of such bankrupt, and
tbat of his wife and children, and the uniform,
arms and equipments of any person who is
or has been a soldier in the militia or in the
hcrvice of the United States; and such other
property as now is or hereafter shall be ex
empted from attachment or seizure, or levy
on execution by the laws of the United States,
and such other property not included in the
foregoing exemptions as is exempted from
levy and sale upon execution or other process
or order of court, by the laws of tbo State in
which the bankrupt has his domicile at the time
ot the commencement of tho proceedings
in bankruptcy, to an amount not exceeding
that allowed by such State exemption laws
in force in tho year 1804; provided that tho
foregoing exception shall operate as a limita
tion upon the conveyance of tbe property ot
the bankrupt to his assignees; and in no case
shall tiie property hereby excepted pass to
the assignees, or tho title of the bankrupt
thereto be impaired or affected by any ofthc
provisions of this act; and the determina
tion of the assignees in the matter shall, on
exception taken, be subject to the final decis
ion of the said court; and provided further,
that no mortgage of any vessel or of any
other goods or chattels, made as security for
any debt or debts, in good faith and lor pres
ent Considerations and otherwise Yalit), and
duly recorded, pursuant to any statute ot the
United States, or of any State, shall be in
validated or affected hereby; and all the
property conveyed by the bankrupt in fraud
of his'creditors, all rights in equity,. clioses
in action, patents and patent rights andcopy-
rights; all debts duo him, or nny person for
liis use, and all liens nnd securities therefor;
and all liis rights of action for property or
estate, real or personal, and for any cause of
action which the bankrupt had against any
person, arising frpm contract or irem the un
lawful taking or detention, or of injury to the
property of the bankrupt; and all his rights
of redeeming such property or estate, with
the like right, title, power and authority to
sell, manage, dispose of. sue for and recover
or defend the same, as the bankruptmight or
could have had jf no assignment had been
made, shall, in virtue of the adjudication ot
bankruptcy and the appointment of his as
signee, be at oni'c vested in such assignee, and
he may sue for and recover the said estate,
debts and effects, and may prosecute and de
fend all suits at law or in equity, pending at
the time of the adjudication of bankruptcy,
sea
made by tho judge or register, as the case
may be. to him as assignee, shall bc-condus-
ive evitlence of his title as | such assignee to
take, hold, :'ic for and recover the proporty
of the barKrupt, as hereinbefore mentioned :
but no property held by the bankrupt in trust
shall pass by such assignment. No person
shail be entitled to maintain an action against
by him as such assignee without previously
giving him twenty days’ notice of such action,
specifying the cause thereof, to the end filiat*
such assignee may have an opportunity of
tendering amends, should lie see fit to do so.
No person shall be t• mt:11. . i. n, ii.-> tii
assignee, to withhold trom him possession of
to execute an instrument when lawfully rc-
* ' y the court, or disobeying, a lawful
decree of the court in tfiq premises,
may be punished as for f a contemrt of court.
OF DEBTSt^AND PROOFS Clt* CLAIMS.
Sec. 19. And baiit further enacted, That
all debts due and payable trom tbe bankrupt
J, and all debts than existing but not paya
ble uutil a future day,'a rebate of interest be
ing made when no interest is payable by the
terms of contract, may be proved against the
estate of the bankrupt. All demands against
knowledge, unless bp is absent from tbe Uni
ted States or prevented by some other good
canse from testifying, in which cases the de
mand mny be verified in like manner by the
attorney or authorized agent of the complain
ant testifying to the best of his knowledge,
information and belief, and setting tortli his
means : of knowledge ; or it in a foreign
at tbe timejpf the adjudication of bankiuptf 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 sec fit. require or receive further per
tinent evidence, cither for or against the ad
mission of tiie claim. .Corporations mny
an assignee in bankruptcy for anything done the bankrupt for or on account ofttny goods! verify their claims by the oath or solemn af-
li.l. C.ll 1 . < I C i? . K *1 ? J _ A * .
claim any lien thereon; and no suit in wlpch
the assignee is a party shall be abated by liis
death or removal from office, but the suite
may be prosecuted nnd defended by liis suc
cessor, or by the surviving or remaining
assignee, as the case may be. The assignee
shnii have authority, under the order and
direction of the court, to redeem or discharge
any mortgage or conditional contract, or
pledge or deposit, or lien upon any property,
real or personal, whenever payable, and to
tender due performance of the condition
thereof, or to sell the same, subject to such
mortg,- ’im pien or other incumbrances. The
debtortfStll also, at tiie request of the
assignee, «nd at tbe expense of the estate,
make and execute any instruments, deeds
and writings which may be proper to enable
the assignee to possess himself fully of all the
assets of tiie bankrupt. The assignee shall
immediately give notice of his appointment,
by publication at least once a week for three
successive weeks, in such newspapers as shall
for that purpose be designated by tbe court,
due regard being had to their general cir
culation in tbe District, or in tbat portion of
the District in which the bankrupt and his
creditors shall reside, and shall, within six
months, cause the assignment to him to be
recorded in every registry ot dee is or other
office within the United States where a con
veyance of any lands owned by tbe bankrupt
ought by law to be recorded; and tiie record
of sucli assignment, or a duly certified copy
thereof, shall be evidence thereof in all courts.
Sec. 15. And be it further enacted, That
the assignee shall demand and receive from
any and all persons holding the same, all tiie
estate assigned, or intended to be assigned,
tinder the provisions of this Act; and he
shall sell ail such unencumbered estate, real
end personal, which conies to his hands, on
such terms as he thinks most for the interest
of the creditors; but upon petition of any
person interested, and for cause shown, the
court may make such order concerning the
time, place and manner of sale as will, in its
opinion, prove to the interest ot the credit-
tors ; and the assignee shall keep a regular
account of all money received by him as as
signee, to which livery creditor shall, at
reasonable times, have free resort.
Sec. 16. And be it lurthcr enacted, That
the assignee shall have the like remedy to
recover all said estate, debts and effects in
his own name, as the debtor might have had
if the decree’in bankruptcy had not been ren
dered and no assignment had been made. If,
at the time of the commencement of pro
ceedings in bankruptcy, an action is pending
in tlm name of the debtor for the recovery of
a debt or other tiling which might or ought
to pass to the assignee by the assignment,
tbe assignee shall, if be require it, be admit
ted to prosecute the action ip liis own name,
in like manner and with like effect as if it had
been originally commenced by liiui. No suit
pending in the name of tbe assignee shall lie
abated by his death or removal; but upon
the motion of the surviving or remaining or
new assignee, as the case may be, lie shall be
admitted to prosecute tbe suit in like manner
aiylavitU like effect as if it had been origin-
alCvwminenced by him. In suits prosecuted
by tire assignee a certified copy of the assign
ment made to him by tbe judge or register
shall be conclusive evidence of his authority
to sue.
Sec. 17. And be it further enacted, That
the assignee shall, as soon as way be, after
receiving any money belonging to tbe estate,
deposit the same in some bank in liis name
as assignee, or otherwise keep it distinct and
apart from all other money in his possession;
and shall, as far as practicable, keep all
goods and effects belonging to the estate sep
arate and apart (rorn all other goods in his
possession, or designated by appropriate
marks, so that they may be easily and clearly
distinguished, and may not be exposed or
liable to be taken ns his property or for the
payment of his debts. When it appears that
the distribution ofthc estate may be delay.d
by litigation or other cause, the court may
direct the temporary investment of the money
belonging to such estate in securities to lie
approved by the judge or a register of said
court, or may authorize the same to be de
posited in any convenient bunk upon such
interest, not exceeding tiie legal rate, as the
bank may contract with the assignee to pay
thereon. He shall give written notice to all
known creditors, by mail qr otherwise, of all
dividends, and such notice of meetings, after
tbe first, as may be ordered by the court.—
He shall be allowed, and may retain out of
money in his hands, all the necessary dis-
or chattels wrongfully taken, converted or; Urination of their president, cashier or trea-
witlilield by him, may be proved arid alloWcd
as debts to the amount of the value of the
property so taken or withheld, with interest.
If tlio. bankrupt shall bj bound as drawer, en
dorser, surety, bail or guarantor upon any
bill, bond, note, or nny other specialty or
contract, or for any debt of another persrth,
and his liability shall not have become abso
lute until after the adjudication of bankrupt
cy, the creditor may prove the same alter
such liability shall have become fixed, and
before the final dividend shall have been de
clared. In all cases of contingent debts and
contingent liabilities contracted by tbe bank
rupt, and not herein otherwise provided for,
the creditor way make claim therefore, and
have his claim allowed, with the right to
share in the dividends, if the contingency
shall happen before the order for the final
dividend; or lie may at any time apply to the
court to have the present value of the debt or
liability ascertained and liquidated, which
shall then be doncinsuck muunerasthccourt
shall order,and he shall be allowed to prove tor
the amount so ascertained. Any person
liable as bail, surety, guarantor, or otherwise
for the bankrupt, who shall have, paid the
debt, or any part thereof, in discharge of the
whole, shall be entitled to prove such debt,
or to stand in the place of the creditor if bp
shall have proved tho same, although such
payments shall have been made after the pro
ceedings in bankruptcy were commenced.—
And any person so liable for the bankrupt,
and who has not paid the whole ot. said
debt, but is still liable for tbe same or any
part thereof, may, if tbe creditor shall fail or
omit to prove such debt, prove the same
either in the name ot the creditor or other
wise, as may be provided by tiie rules, aud
subject to such regulations and limitations as
may be established by such rules. Where
the bankrupt is liable to pay rent, or other
debt falling due at fixed and stated periods,
tiie creditor may prove for a proportionate
part thereof up to tiie time of tiie bankruptcy,
as if the same grew due from day to day, and
not at such fixed and stated periods. If any
bankrupt shall be liable for unliquidated
damages arising out of any contract or prom
ise, or on account of any goods or chattels
wrongfully taken, converted or withheld, the
court may cause such damages to be assessed
in such mode as it may deem best, and tbe
sum so assessed may be proved against the
estate. No debts other than those above
specified shall be proved or allowed against
the estate.
Sec. 20. And be it further enacted, That,
in all cases ot mutual debts and mutual cred
its between the parties, the account between
them shall be stated, and one debt set off
against the other, and the balance only shall
be allowed or paid, but no set-off shall be
allowed of a claim in its nature not provable
against tiie estate; provided, that no set-off
shall be allowed in favor of any debtor to the
bankrupt of a claim purchased by or trans
ferred to him after tbe filing of the petition.
When a creditor has a mortgage or pledge
of real or personal property of the bankrupt,
or a lien thereon for securing the payment of
a debt owing to him from the bankrupt, he
shall be admitted as a creditor only fur the
balance of the debt after deducting the value
of such property, to be ascertained by agree
ment between him and the assignee, or by a
sale thereof, to be made in such manner as
the court shall direct; or the creditor may
release or convey his claim to the assignee
upon such property, and be rfdmitttd to prove
liis whole debt. If the value ot the property
exceeds tbe sum for which it is so held as se
curity, the assignee may release to the creditor
the bankrupt’s right of redemption therein
on receiving such excess; or he may sell the
property, subject to the claim of the creditor
thereon ; and in either case the assignee and
creditor, respectively, shall execute all deeds
and writin .s necessary or proper to consumate
the transaction. If the property is not so
sold or released and delivered up, the cred
itor shall not be allowed to prove any part
of bis debt.
Sec. 21. And be it further enacted, That
no creditor proving his debt or claim shall be
allowed to maintain any suit at law or in
equity therefor against the bankrupt, but
aboil bo deemed to have waived all right of
action and suit against the bankrupt, and ail
proceedings already commenced, or unsatis
fied judgments already obtained thereon
shall be deemed to be discharged and sur
rendered thereby $ aud no creditor whose
debt is provable under this Act shall be al
lowed to prosecute to finai judgment any suit
at law or in equity therefor against the bank
rupt, until the question of the debtor’s dis
charge shall have been determined.; and any
such snit or proceedings shall, upon the ap
plication of the bankrupt, be stayed to await
the determination of the Court in Bankrupt
cy on the question of the discharge; provid
ed, there be no unreasonable delay on tho part
surer. If 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 with the books and ac
counts of the bankrupt, and shall register, in a
book to be kept by him for that purpose, tho
names of creditors who have proved their
claims, in the order in which such proof is
is received, stating the time of receipt of
such ]>roof, and the amount and nature of tiie
debts, which books shall lie open to the in
spection of all the creditors. The court
may, on the application of the assignee, or of
any creditor, or of tlic bankrupt, or without
any application, examine upon oath the
bankrupt, or any person tendering or who
has made proof of claims, and may summon
any person capable of giving evidence con
cerning such proof, or concerning the debt
sought to be proved, and shall reject all
claims not duly proved, or where tlic proof
shows the claim to be founded In fraud, ille
gality or mistake.
Sec. 23. And be it further enacted, That
when a claim is presented for proof before
the elcctioii of the assignee, nnd tlic Judge
entertains doubts of its validity or of the
right of the creditor to prove it, and is oi
opinion that such validity, or right ought to
be investigated by the assignee, he moy post
pone the proof of tbe claim until tiie assignee
is chosen. Any person who, after the appro
val of this Act, shall have accepted any pref
erence?, having reasonable? cause to believe
that the same was made or given by the
debtor, contrary to any provision cf this Act,
shall not prove the debt or claim on account
of which tho preference was made or giveu,
nor shall he receive any divided therefrom
until lie shall first have surrendered to the as:
signec all property, money, benefit or advan
tage received by him under such preference.
The court shall allo w all debts duly proved,
and shall cause a list thereof to bo 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 per
sonally present.
Sec. 24. And be it further enacted, That
a supposed creditor who takes an appeal to
the Circuit Court From tbe decision of the
District Court rejecting bis claim, in whole or
in pait, shall, upon entering his appeal in the
Circuit Court, file in the clerk’s office thereof
a statement, in writing, of his claim, setting
forth the same, substantially, as in a declara
tion for the same cause of action at law, and
the assignee shall plead or answer thereto in
like manner, and like proceedings shall there
upon be had in the pleadings, trial and de
termination 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 tbe creditor. The final judg
ment of tho court shall be conclusive, and the
list of debts shall, if necessary, be altered to
conform thereto^ The party prevailing in the
discharge unless he. shall provetoTT"'
taction of the court that he was “t,*
procure the attendance of bis ,-f e
bankrupt shall be liable to arrest ft • 3
pendency of the proceedings i n
in any civil action, unless tin- ‘‘“Pt;
eel on
AVia./Ai, UU1US3 tuO Saille la f
omo debt or claim from wbfcu^
chargil'in bankruptcy would not rele*!^
OF TIIE DISTRIBUTION OF TIIE BASkiji- .
TATE * CPls l
Sec. 27. And be it further enaete i „
all creditors whose debts are duly mv
allowed shall be entitled to share • *
bankrupt’s property and emtepror^ *
out any priority or preference whatever ^
that wages due .from him to an ’ eic ']
rativc or clerk, or house servant, to an ’ °- !
not exceeding $50, for labor perfonnertM
six months next proceeding the a.li u -* 1 ' l ’i
of bankruptcy, shall be entitled to
and shall be first paid in full ; provi':£?*
any debt proved by any person liable, l
surety, guarantor, or otherwise for th i
rupt shall not be paid to the person,^
ing the same until satisfactory evide«J?
be produced of the payment of such 7/*
such person so liable, and the share toll-
such debt would be entitled may be ,1m
to court or otherwise held for the iw.i 1
the party entitled thereto, as the coir
direct. At the expiration of three »
from the date of the adjudication „f u
ruptcy in any case, or so much earlier J
court may direct, the court, upon rl 1
tbe assignee, shall call a "eneril
the creditors, of which due notfonh
given, and the assignee shall then r
exhibit to the court and to the cr <h tn ’
and true accounts of all his receiuts,«?
ments, verified by this oa th, | 10 ZjJ
produce and file vouchers for all oar-
tor which vouchers shall be required bT
rule of the court; he shall also submit
schedule of the bankrupt’s creditors an i
perty as amended, duly verified bv the,
rupt, and a statement of the whole «>,
the bankrupt as then ascertained of the
perty recovered and ef the nropertv oulJ
ing, . specifying the cause‘of its beings
standing; also what debts or claims '
undetermined, and stating what sum t
in his hands. At such meetiim the aui
in value of,the creditors present shall <£•
mine whether any and what part of the
proceeds of the estate, after dedu-tin- 5
retaining a sum sufficient to provide for
undetermined claims which, by reason of
distant residence of the creditor, or for oti
sufficient reasons, have not been proved
for other expenses and contingencies
be divided among the creditors; but uni
at least one half in value otthe creditors j
attend such meeting, either in person o;
attorney, it shall be the duty of the assi-r
so to determine. In case .a dividends
dcred, the register shall, within ten days si
such meeting, prepare a list of creditor-!
titled to dividend, and shall calculate
set opposite to the name of each creditor J
has proved his claim the dividend to \tj
he is entitled out of the net proceeds «;j
estate, set apart for dividend, and shall:
ward by mail to every creditor a rtateuurl
the dividend to which he is entitl* i.
such creditor shall be paid by the assis
such manner as the court may direct.
Sec. 28. And be it further enacted,
the like proceedings shall be lmd at ti
piration of the next three months, or ■
if practicable, and a third meeting o
creditors, shall then be called by tin
ami a fthkl ‘dividend then declared,
any action-at law or suit in equity Ik
iug.iocuulesasome other estate or tfi
the debtor afterward come to the la
WUtUliU liULlVVV. A UL JSUl LJ JiIlUIUUtUQ 1U KUV I - . , 1 • t ,1
suit shall be entitled to costs against the ad-1assignee, in which case the assiintt
verse party, to be taxed and recovered as in
suits at law; ii 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 a claim, and left in court, or de|iosed in
the clerk’s office, may be delivered, by the
register or clerk having the custody thereof,
to the person who used it, upon his filing a
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 divi
dend declared thereto.
bursements made by him in the discharge ol j t j lc bankrupt in endeavoring to obtain lib
bis duty, and a reasonable compensation for discharge; and provided also, that if tbe
Fie cnniipwi in the discretion of the court.— ! „ a,.
his services, in the discretion of the court.
He may, under tiie direction of the court
submit any controversy arising in the setlle-
ment ot demands against the Gite, or of
debts due to it, to the determination of nrbi
tratore, to be chosen by him and the other
party to the controversy, and may, under
such direction, compound and settle any such
controversy, by agreement with the other
jarty, ns lie thinks -premier and best for the
Interest of the creditors.
Sec. 18. And be it lurthcr enacted, That
the court^ after due notice aud hearing, may
remove an assignee for any cause which, in
the judgment of tbe court, renders such re
moval ncccasary or expedient. At a meeting
called by order of tbe court in its discretion
for the purpose, or which shall lie called upon
the application of a majority ofthc creditors in
number and value, the creditors may, with
consent of the court, remove any assignee by
such a yote as is hereinbefore provided for
the choice of assignees. An assignee may,
with the consent of the Judge, resign his
trust and be discharged thereirom. Vacan
cies caused by death or otherwise in the
office of assignee may be' filled by appoint
ment of the court, or at its discretion by an
election by tbe creditors, in the manner here
inbefore provided, ut a regular meeting, or at
a meeting called for tlio purpose, with such n
notice thereof in writing to all known credj-.
tors, nnd by such person a3, the court shall
direct. Tlic resignation or removal of an as
signee shall in no way release him from per
forming all things requisite on his part for
tbe proper closing up oi his trust, and the
transmission thereof to his successors, nor
shall It affect the liability of the principal or
surety on the bond given by the assignee.
When by death, or otherwise, the number ol
assignees is reduced, the estate of tlio debtor
not lawfully disposed of shall vest in the re-
niainiug assignee or assignees, and the per
sons selected to fill vacancies, if any,
ith tho same powers and duties relative
thereto as if they were originally chosen.
Any former assignee, his executors or admin
istrators, upon request, and at the expense of
the estate, shall make and execute to the new
assignee all deeds, conveyances and assu
rances, and do all other lawful acts requisite
to enable him to recover and receive all the
estate. And the court may make all orders
which it may deem expedient to secure the
proper fulfillment of the duties of any form
er assignee, and the rights and interests of
all persons interested in the-estate. No per
son who has received nny preference contra
ry to tlic provisions of the Act shall vote for
or be eligible as assignee; but no title to pro
perty, real or personal, sold, transferred or
conveyed by an assignee, shall be affected or
impaired by reason of his inclligibility. An
assignee refusing or unreasonably neglecting
amount due. tho creditor is in dispute, the
suit, by leave of the Court in Bankruptcy,
may proceed to judgment for the purpose of
ascertaining the amount due, which amount
must be proved in bankruptcy, but execution
shall be stayed ns aforesaid. If any bankrupt
shall, at the time of adjudication, be liable
upon any bill of exchange promissory note,
or other obligation in respect of distinct con
tracts as a member of two or more firms car
rying on separate and distinct trades, aud
having distinct estates to bo wound up in
bankruptcy, or as a sole trader and also as a
member of a firm, the circumstance that such
firms are in whole or in part composed of the
same individuals, or that the solo contractor
is also one of the joint contractors, shall not
prevent proof and receipt of dividend in re
spect of such distinct contracts against the
estates respectively liable upon such con
tracts.
Sec. 2'-’. And lie it further enacted. That
all proofs or debts against tbe estate of the
bankrupt, by or in behalf of creditors resid
ing within tho judicial district where the
proceedings in bankruptcy are pending, shall
be made before one of the registers ol the
conrt in said district, and by or in behalf of
non-resident debtors before any register in
bankruptcy in the judicial district where such
creditors or either of them reside, or before
any Commissioner of the Circuit Court au
thorized to administer oaths in any district.
To entitle a claimant against the estate of a
bankrupt to have his demand allowed, it
must be verified by a deposition in writing
on oath or solemn affirmation before the
proper register or commissioner, setting forth
tho demand, the consideration thereof,
whether any and what securities are held
therefor, and whether any and what pay
ments have been made thereon; that the
sum claimed is justly due from the bankrupt
to the claimant; that the claimant has not,
nor has any other person, for his use, re
ceived any security or satisfaction whatever
other than by him set forth; that the claim
was not procured for the purpose of inilucnc-
ing the proceedings under this Act, and that
no bargain or agreement, expressed or im
plied, has been made or entered into, by or
on behalf oi such creditor, to sell, transfer or
dispose of said claim, or any part thereof,
against such bankrupt, or take or receive, di
rectly or indirectly, any money, property or
consideration whatever, whereby tbo voto of
such creditor for assignee, or any action on
the part of such creditor or any other person
in the proceedings under this Act, is or shall
be iu any way affected, influenced or con
trolled, nnd no claim shall be allowed
unless all tlio statements set forth in
such deposition shall appear to be true.—
Such oath or solemn affirmation shall ba
made by the claimant, testifying of his own
OF PROPERTY PERISHABLE AND IN DISPUTE.
Sec. 25. Ancl 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 perishable nature, or lia
ble to deteriorate in value, the court may or
der the same to lie sold, in such manner as
may be deemed most expedient under the di
rection of the register or assignee, as the case
may be, who shall hold the funds received in
place of the estate disposed of; and whenever
it appears to the satisfaction of thte court tbat
the title to any portion of an estate, real or
personal, which has come into possession of
tho assignee, or which is claimed by him, is
in dispute, the court may, upon the petition
of tho assignee, and after such' notice to the
claimant, his agent or attorney, as the court
shall deem reason;ble, order it to be sold,
under the direction of the assignee, who shall
bold the funds received in place of the estate
disposed of; and the proceeds of the sale
shall be considered the measure of the value
of the property in any suit or controversy
between tbe parties in any courts. But this
provision shall not prerent the recovery of
the property from the possession ot tiie as
signee by any proper action commenced at
any time before the court orders tbe sale.
EXAMINATION OF BANKRUPTS.
Sec. 20. And be it further enacted. That
the court may, on the application of the
assignee in bankruptcy, or of any creditor,
or without any application, at all times re
quire the bankrupt, upon reasonable notice,
to attend and submit to an examination, on
oatli, upon all matters relating to the dis
posal or condition of his property, to his
trade and dealings with others, and liis ac
counts concerning the same, to all debts due
to or claimed from him, and to all other mat
ters concerning his property and estate, aud
the due settlement thereof according to law,
which examination shall be in writing, and
shall be signed by the bankrupt aud filed
with the other proceedings; and the court
may, in like manner, require the attendance
of any other person as a witness, ancl if such
person shall tail to attend on being summoned
thereto, the court may compel his attendance
by warrant directed to the Marshal, com
manding him to arrest sucli person and hrin
him forthwith before the court, or before a
register in bankruptcy, for examination as
such witness. If tbe bankrupt is imprisoned,
absent or disabled irom attendance, the
court may order him to bo produced by the
jailor, oraDy officer in whoso custody he may
be, or may direct the examination to had,
taken ancl certified, at such time and place
and in such manner as the court may deem
proper, and with like effect as if such exam
ination had been had in court. The bark-
rupt shall utnli times, until his discharge, be
subject to tlio order of tho court, and shall,
at the expense of the estate, execute all prop
er writings and instruments, and do and per
form all act3 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, where-
ever situated; aud for neglect or refusal to
obey any order of the court, such bankrupt
may be committed and punished for a con
tempt of court. If the bankrupt is without
the district and unable to return ancl per
sonally attend at any of the times or do any
ofthc acts which may be specified or required 01
pursuant to this section, and if it appears
that such absence was not caused by willful
default, and if, as soon as may be after tbe
removal of such impediment, he offers to at
tend and submit to the order of the court in
all respects, he shall be permitted to do so,
with like effect as if be had not been in de
fault. He shall also be at liberty from time
to time, upon oath, to amend ancl correct his
schedule of creditors and property, so that
the same shall conform to the facts.
For good cause shown, the wile of any
bankrupt may be required to attend before
the court, to the end that she may be ex
amined as a witness ; and if such wife do not
attend at the time and place specified in the
order, the bankrupt shall not be entitled to a
as soon as may be, convert such effeft
tates into money, and within two m«
ter the samo shall be so converted tk
shall lie divided in manner aforesaid, f.
dividend shall be made in like mis
often as occasion requires; and after ti*
meeting of creditors no further mcetiy
be-called, unless ordered by the cocr.
any time there shall be in the liar!
assignee any outstanding debts or ecu
perty due or belonging to the estate*
cannot be collected and received It4
signee without unreasonable or inciira
delay or expense, tbe assignee mry, sw
direction of the court, sell and as.-:.:
debts or other property in such rasr.stfi
court shall order. No dividend si; -;
dared shall be disturbed by reason . -
being subsequently proved, but tii - cs
proving such debt shall be entitled ;«i
dend equal to those already received It
other creditors before any further p o
made to the latter. Preparatory to tk
dividend tlic assignee shall submit bis**
to the court and file the same, and gives
to the creditors of such filing, and sha
give notice-that he will apply fur a setih
of his account and lor a discharge from
liability ns assignee at a time to be sp 1 -?
in such notice, and at such time the
shall audit and pass tiie accounts of th
signec; and such assignee shall, if require
the court, be examined ns to the truthu 1
account, and if found correct he shall t'
be discharged froni all liability as 8?;:.^
any creditor of the bankrupt. Thccon j
thereupon order a dividend of tbe c-su*
effects, or of such part thereof as it
among such of tho creditors as have«
their claims, in proportion to the tesj
amount of tueir said debts. In anu: r
all expenses necessarily incurred by
the execution of his trust in any as
signee shall be. entitled to an alicwt;
his services in such case on all nytf
ceived and paid out by him theraC'
sum not exceeding one thousand do.«
per centum -thereon; lor any larger :- : J
exceeding five thousand .dolltrs, w l
half per centum on the excess over !
sand dollars; and if at any time tnarl
not bo in his bands a sufficient
money to defray the necessary
quired for the further execution o' ‘
heahali not be obliged to proceed
until the necessary tunds are
satisfactorily secured to him.
mistake or other cause, without j
assignee, either or both of the j
and third meeetings should notbeoe»l
in the times limited, tiie court nisy^F
tion of an interested party, or(3cr :®rJ
i'ngs, with like effect as to.the vanI
proceedings as if the meeting hma J
held. 11 the order for a dividend rl
section the following claims sb:aili 1
to priority or preference, aud to t I
in thtUixthe following order: .1
First—The fees, costs, andespe^^
and tho several procecdi '- 1
under this Act, and for t
erty, as herein provided .. ja
Second—All debts due to the C - A
and all taxes and assessments aa I
thereof. .... :\
Third—All debts due to the J
the proceedings ii* bankruptcy
and all taxes and assessments n
the laws of such State. . r
Fourth—Wages due to any opc^d
or house servant, to an amount n *1
$50, labor performed within slS r' t ], e :l
preceding uteaksl publication ° ■
of proceedings in bankruptcy. I
Fit th —Ail ilebts due to any F . J
by the laws of the United i: I
be entitled to a priority or p: I
manner a-if this Act bad u f
altrays provided, that nothing ^. .J
this Act shall interfere with u
and collection of taxes by tne
the United States or any State.
TIIE bankrupt's DISCHAKI-
EFFECT. , j
Sf.c. 29. And be it further . |
at any time after the expirati.-n ‘ |
from the adjudication of ban!
debts have been proved a£ :UD . s
or il no assets have conic to tne i
assignee, at any time after the
P , /M-w, vear t*V" K
sixty days and within one
judication of bankruptcy, :':A
apply to tbe court tor a ‘ >oa I
debts, and the.court shall d 1 _ r J
notice to be given by ‘ : - f .
j who have proved their deoty, ; . .j
cation at least once a week m - r
pers as the court shall design®. ^ ;
being had to the gencndcirc ^
^CONCLUDED ON >' EXT ! ’