Page:United States Statutes at Large Volume 18 Part 1.djvu/1052

980 'I`rrL1·: Lxr.—BANKRUl’FCY.—-Ch. 4. 2 Mar., 1867, c- to be had, taken, and certified at such time and place and in such mauggg “· 2** "· 14- P· ner as gielcpprt jp? deem proper, and with like effect as if such exami» ‘ nation ac en a in cour . In rw James B. De Voe, 1 Low., 251. Vo abatement Sec. 5090. If the debtor dies after the issuin of the warrant, the rotjlégon ‘l°“th of ceedings may be continued and concluded in gke manner as if hegiad L;.;.- _,.-. g " 1bid.,s.12,p.522. l V°d‘ _ Distribgitwn of Sec. 5091. All creditors whose debts are duly proved and allowed l’%E,;lFjE‘l‘Yz%.‘?‘i*£§· shall be entitled to share in the bankrupfs property and esj;ate,(pro rata, a K 1·E‘.n; without; any priority or preference whatever except as al owe by sec- , {M" iggvlvgjnf; tion fifty-one hundred and one. No debt proycd by any person liable, as w,.hb",,,,d’ y0bnQ bail, surety, guarantor, or otherwise, frjr thefbankrupadshall btp Ipagd son,2Bank. Reg., to the person so proving the same unti satis actory evi ence s a e 183; I»rr··Lathr0p, produced of the payment of such debt by such person so liable, and the §B“'Z,l‘,; share to which such debt would be entitled may be pa1d into court, or yu:,;,;,`!;,., , 5 otherwise held for the benefit of the party entitled thereto, as the court Bank. Reg. 303. ma direct. $econd meeting Sync. 5092. At the expiration of three months from the date of the of ¢¤'~**lii°"-____ adjudication of bankruptcy in any case, or as much earlier as the court adm; 1867, c. may direct, the court, upon requcstof the assignee, shall call a gene- 176, ¤·.f-’7.V-14.1>· ral meeting of the creditors, of which due notice shall be given, and 52** _ the assignee shall then report, and exhibit to the court and to the 1»{F[s0n,1 Bank. creditors just and true accounts of all his regeigts andhpayrpentsi ver1- Reg., 58. fied by his oath and he shall also produce an fi e vouc ers or a pavments for whidh vouchers are required 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 a statement of the whole estate of the bankrupt as then ascertaine , of the property recovered and of the pro rty outstanding, specifying the cause of its being outstanding, and shbwing what debts or claims are yet undetermine , and what sum remains in his hands. The majority in value of the creditors present shall determine whether any and what part of the net proceeds of the estate, after deducting and retaining a sum sufficient provide for all undetermined claims which, by reason of the distant residence of the creditor, or for other sufficient reason, have not been proved, and for other expenses and contingencies, shall be divided among the creditors; but unless at least one-half in value of the creditors attend the meeting, ggtlgyl person or by attorney, it shall be the duty of the assignee so to Third meetivs Of Sec. 5093. Likc proceedings shall be had at the expiration of the next "’“l"°"“· three months, or earlier, if racticable, and a third meetin of creditors ..- P _ _ E 2 Mm-., 1867, c. shall then be called by the court, and a final dividend then declared, unless 1_Z6. ¤· 28. V- N. P· any suit at law or in equity is (pending, or unless some other estate or 5°°· effects of the debtor afterwar come to the hands of the assignee, in which case the assignee shall, as soon as may be, convert suc estate and effects into money, and within two months after the same are so converted they shall be divided in manner aforesaid. Further dividends shall be made in like manner as often as occasion requires, and after th; third meeting of creditors no further meeting shall be called, unless orderc by the court. _ Notice of meet- Sao, 5094. The assignee shall give such notice to all known creditors, {{18% _ by mail or otherwise, of all meetings, after the first, as may be ordere F2¥_¤;··j,*:6;»*g;Z6» by the court. Creditor may act Sec. 5095. Any creditor may act at all meetings by his duly constituted ljQlf§_°j’-____ attorney the same as though personally present. Ibid., a. 23, p. 528.—·In rr Hill, 1 Ben., 321; In rc Knoepfel, 1 Ben., 330; In re Knoepfel, 1 Ben., 398; In re Powell, 2 Bank. Reg., 17. _ Settiementofae Sec. 5096. Preparatory to the final dividend, the assignee shall submit °'8“°° °“°°°““*· his account to the court, and tile the same. and give notice to the cred- 2 Mar., 1867, .·. itors of such filing, and shall also give notice that he will apply for a