Page:United States Statutes at Large Volume 18 Part 1.djvu/1053

Trru: Lx1.—BANKRUPT(JY.—Ch. 4. 981 settlement of his account, and for a discharge from all liability as assignee, 176, S- 28» r- 14, r- at a time to be specified in such notice, and at such time the court shall 53°· audit and pass the accounts of the assignee, and the assignee shall, if “Q{_§ required by the court, be examined as to the truth of his account, and Ins.Co.,6Biss.,252. it is found correct he shall thereby be discharged from all liability as assignee to any creditor of the bankrupt. The court shall thereupon order a dividend of the estate and effects, or of such part thereof as it sees fit, among such of the creditors as have proved their claims, in proportion to the respective amount of their debts. Src. 5097. No ividend already declared shall be disturbed by reason Dividend not to of debts being subsequently proved, but the creditors proving such debts b_£$i§l@°d-, r,, shall be entitled to a dividend equal to those already received by the ..E; other creditors before any further payment is made to the latter. L0{£•‘¢§4ébi¤¤o¤- 9 Sec. 5098. If by accident, mistake, or other cause, without fault of the _ Omiooion of asassi nee, either or both of the second and third meetings should not be ‘?‘8“°°*°°““"‘°°t‘ hgtlil within the] times llimited, the coluiitkmag, upon mcifion pg an ipteg e party, or er suc meetings, wit i ee act as to thevai it o the i<· proceedings as if the meeting had been duly held. y S1-sc. 5099. The assignee shall be allowed, and ma retain out of money G<>¤¤p¤¤¤¤fio¤¤<>i in his hands, all the necessary disbursements made by him in the dis- “"‘g““· char e of his dut ·, and a reasonable compensation for his services, in _Ibid. the discretion of the court. B k R 26 E Wh In re Dean, 1 an . eg., ; rpartr itcomb, 2Low., 523. Sec. 5100. In addition to all expenses necessarily incurred by him in Commissioners. the cizfcecution of his trust, in any caslp, the assigipee shall be entitlpd tg Z' jiam an a owance or is services in suc case on a moneys receive an 176, s. 28, v. 14, . paid out by him tgerein, fpr any gum not exceeding onelthorimandhdollarsi P ve r centum thereon· or an * ar er sum, not excee in 've thousand IQ], mi dollziiis, two and a halflper ceiitunf on the excess overgone thousand Bank. Reg., 26; In dollars; and for any larger sum, one per centum on the excess over five *6 S¤WY°¤ 2 L<>“'·» thousand dollars. If, at any time, there is not in his hands a sufficient 55L amount of money to defray the necessary expenses required for the further execution of his trust, he shall not be obliged to proceed therein until the necessary funds are advanced or satisfactorily secured to him. D bu , 1 { Sec. 5101. In the order for a dividend, the following claims shall be p,,0$,,),_°“m °‘ *0 eniitled tglprgority, and to ge first paid ip full in tlée gollpwing order: -é--I? `irst. e ees, costs. an ex nses o suits, an 0 the severa ro- -, · ‘ ·¤ ’» °- ceeldings in banlérgptcy under thi: Title, and for the custody of propelfty, gégf s' 28’ V` 14’ p' as erein rovi e . a-?- Second.pAll debts due to the United States, and all taxes and assess- Tfiigqtt T- Honments under the laws thereof. };yékm£I·>22§i L‘ Third. All debts due to the State in which the proceedings in bank- 122; LMI, G,.;§;;,’ rpptcyfare pending, and all taxes and assessments made under the laws ¥{1;en&)c209;2]£ ,-2 t ereo . mc Fg- ¤-. Fourth. Wages due to any operative, clerk, or house-servant, to an §;?_ge{’ég;1lHg5’$j amount not exceeding fifty do lars, for labor performed within six months I,, ,.,,],;,,1,,,, 3];,,,,; next preceding the first publication of the notice of proceedings in bank- 211; Lz g- Lgontru tc v. gOlD.€\' ', BH., liifih. All debts due to any ersons who, by the laws of the United fglfk gm};?; States, are, or may be, entitled to priority, in like manner as if the ship O0_ 2 B,mk_ provisions of this Title had not been adopted. But nothing contained Reg., 170; In re in this Title shall intlerfere wiltlé the assessmept and collection of taxes guhlifoI§18;¤d1,8O2 by the authority of the Unite tates or any t tate. [See Ss 3460$$46B·l Lcwié tmsgw ri U. S.,_92 U. S., 618; In rc O’Nei|, 2 Low., 470; Expartc Rockett, 2 I.ow., 522; Evphrte Hamlin, 2 Low., 571; In re Stuyvesant Bank, 12 Blatch., 179. Sec. 5102. Whenei·er a dividend is ordered, the register shall, within Notice of diviten days after the meeting, prepare a list of creditors entitled to divi— ?t';';‘l W we °"°d‘ dend, and shall calculate and set opposite to the name of each creditor _.. ;.-.. r. _ who has proved his claim the dividend to which he is entitled out of the 2 Mar-. N64, v- net roceeds of the estate set apart for dividend. and shall forward,eby gg- “· 27- "· 1‘*· P· mais to every creditor a statement of the dividend to which he is entitl , '