Page:United States Statutes at Large Volume 30.djvu/603

This page needs to be proofread.

564 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 541. 1898. aigyggjgvg :;¤¤ij;:g c The rights of creditors who have received dividends, or in whose raged bgiiggizieg favor; lintal djvidends liaye been declared; phall ngttpe faifeclted by the °°'”°° ” “ roo an a owanceo' c aims su s uen 0 e a 0 sue pa men mm dm'm` gr declarations of dividends; but the creditors proving and sedvuring . the allowance of such claims shall be paid dividends equal in amount · to those already received by the other creditors 1f the estate equals so _ much before such other creditors are paid any further dividends. hgmggggggnfgf jj; d Whenever a person shall have been adjudged a bankrupt by a court adjudged bankrupt without the United States and also by a court of bankruptcy, creditors gjggzg g',:feQf’“° residing within the United States shall first be paid a dividend equal to that received in the court without the United States by other creditors before creditors who have received a dividend in such courts shall be paid any amounts. . Limit of c1¤5m¤·¤¤`¤ e A claimant shall not be entitled to collect from a bankrupt estate "gm *° °°u°°°' any greater amount than shall accrue pursuant to the provisions of ` this Act. “Eg_¤¤•i¤•° *“"· Sec. 66. Uucnnrmn DIVTDENDS.—-El, Dividends which remain un- ` claimed for six months after the final dividend has been declared shall be paid by the trustee into court. b Dividends remaining unclaimed for qge year shall, under the direction of the co be distribute to the cr itors whose claims have been ` allowed but nudttypaid in full. and after such claims have been paid in Pr¤¤i•v· full the balance shall be paid to the bankrupt: Provided, That in case ..¤s¤¤¤. unclaimed dividends belong to minors such minors may have one year after arriving at majority to claim such dividends. ggsiu cmu m Sec. 67. LmNs.—a Claims which for want of record or for other mmiim. reasons would not have been valid liens as against the claims of the creditors of the bankrupt shall not be liens against his estate. hgggyoggmbggrm bWhenever a creditor is prevented from enforcing his rights as against ' a lien created, or attempted to be created, by his debtor, who afterwards becomes a bankrupt, the trustee of the estate of such bankrupt shall be spimiogattcd to and may enforce uch rights of such creditor for the benefit 0 e es a e. etjfegiegyeilgxglggjg _ c A lien created by or obtained in or pursuant to any suit or proceed- _ nm months of peri- ing at law or in equity, including an attachment upon mesue process or “°““’ "° "‘”*°“'““· a judgment by confession, which was begun against a person within four months before the filing of a petition in bankruptcy by or against such personshall be dissolved by the adjudication of such person to be

’;Qj;f$¤·*¤¤¤ 1** *¤- a lbgnlglnipt if (Q ittappears tpat siaid liephwtastobtainted and permitted

w 1 e e 1 e en an was inso ven an a 1 s exis ence an on orce· ··k“°"‘“**¤*‘ °'· ment will work a preference, or (2) the party or parties to be benetlted thereby had reasonable cause to believe the defendant was insolvent —¤·¤>¤zl·*"¤····*- and in contemplation of bankruptcy, or (3) that such lien was sought and permitted in fraud of the provisions of this Act; or if the dissolu- _ tion of such lien would nnhtatc against the best interests of the estate —¤·¤=·¤>•> ¤¤*¤¤*G¤*°d- of such person the same shall not be dissolved, but the trustee of the estate of such person, for the benefit of the estate, shall be subrogated to the rights of the holder of such lien and empowered to perfect and _ enforce the same in his name as trustee with like force and etiect as such _ holder might have done had not bankruptcy proceedings intervened. tbf;;’j;f*‘**“‘*°°‘°‘*"Y el Liens given or accepted in good faith and not in contemplation of or in fraud upon this Act, and for a present consideration, which have been recorded according to law, if record thereof was necessary in order to impart notice, shall not beaffected by this Act. · “*f,gj*,‘;;;;Q{$*éc,°;;H e That all conveyances, transfers, assignments, or iucumbrances of

   E'S.}’.f{€$,‘§?';..‘15.§"€.£?“;fI.$‘?§$.‘i?f’0?‘€S£°;‘X.;`€‘”°£.‘;."'" *’€‘L?.°£‘i.é""‘L‘l,·‘=*`°"

su · r uen a ave of this Act and within four months prior to the filing of the [ietitiorn, —t·3 ·1·—fr¤···¤» ··t¤-· with the intent and purpose on his part to hinder, delay, or defraud his ‘ Y'"' ‘ creditors, or any of them, shall be null and void as against the creditors _ of such debtor. except as to purchasers in good iaith and for a present Ijay{—g;>*;;;eg§f¤¤ * ¤¤ fair consideration; and all property of the debtor conveyed. transferred, ‘ _ assigned, or encumbered as aforesaid shall, 1f he be adjudged a bank-