Page:United States Statutes at Large Volume 44 Part 2.djvu/707

SIXTY-NINTH CONGRESS. sms. I. GH. 406. 1926. 667 graph (b) hereof: Provided; That no order shall be made for the Bmw mm payment of a tax assessed against real estate of a bankrupt in excess sseerbsukmm. “‘ of the value of the interest of the bankrupt estate therein as deter mined b the court. Upon filing the reeei ts of the proper lublic p_’§;n“J§° °’°d”°° M officers gu such pagmcnts the trusteb shaxil be credited wigii the ` amounts thereof, an in case any question arises as to the amount or lielgslity of any such tax the same shall be heard and determined by t e court. i "(b) The debts to have priority, in advance of the payment of ,pg§`§Z§_ of pd°my dividends to creditors, and to —be paid in full out of bankrupt estates, and the order of payment shall be (1) the actual and necessary cost V L ofprcserving theiestate subsequent topiiling the (petition; (2) the ° °2’p‘°°°‘ filing fees paid by creditors in involuntary cases an , where property of the bankrupt, transferred or concealed b either before or after the filing of the petition, shell liavelgeen recovered for the beneiit of theéstate of the bankruptiby the efforts and at the expense of one or more creditors, the reasonable expense of such recovery; (3) the cost of administration, including the 'fccs and omileatge ’ yable to witnesses las now or hereafter provided by thelsws of e Qilnitcd States, and one reasonable att0:·ney’s fee, for the professional services actual} rendered, irrespective of the number of attorneys employed, to the petitioning creditors in involuntary cases while performing the duties herein prescxiibed, and to the bankrupt in voluntary and involuntary cases, as the court may allow; (4) where the confirmationiof com ition terms has been refused or sctuzside upon the objection and tiigzugh the efforts and at the expense of one or more creditors, in the discretion of the court, the reasonable expenses of such creditors in opposing such composition; (5) wages due to workmen, clerks, traveling or cit; salesmen, or servants, which have been earned within three mont s before the date of the commencement of the proceeding, not to exceed $600 to each claimant; (6) taxes payable under paragraph ga) hereof and (7) debtsibwing to any person who by the laws 0 the States or the United States is entitled to priority: Provided, That the term comopkuom, em., ‘person ’ as used in this section shall include corporations, the *“°‘“d°d“S"”°”°“·" gnited”States and the several States and Territories of the United tates. ‘ - . A . Sno. 16. That section 70, subdivision 4(s) 2, of said Acts as so iii>ii°gi{°p?E%6p?§i;§é¤¤1· amended, be, andthe same hereby is, amended to read as follows: i °‘§mm,t in mmm wg) Interests in patents, patent rights, copyrights, and trade- sw- ma. · » , and in applications for patents, copyrights, and trade-marks: Prom _ Provided, That in case the trustee, within thirty days after appoint- Bsnlmipt img ap- mcnt, does not notify the applicant for e ps,tcnt,<c0pyright, or trade- €#§s§‘$’§,'°§’§‘§§‘”,§0¥°§gif mark of his election to prosecute the applicstionto allowance o1· °*°· rejection, the bankrupt may apply to the court for an order 1·evest— in him with the title thereto, which petition shall be granted, ungess, 'f0Y‘HC8liSB shown by the trustee, the court grants ‘fqtthei·` time  »· to the trustee for making such selection; and such applicant inayg “ in any event, at any time petition the court to he revested with suc title in case the trustee shall fail to prosecute such application with reasonable diligence; and thecourt, upon revesting· the bankrupt "°°°° °'°°°"’ with such tit1e,sbal1 direct the trustee to execute proper instmmenbs ` of transfer tomake the same efective in law-.and»upon the necords.” _ » Sno. 17. Nothing herein contained shall have the eifectitoirelease or Off;} A‘§;‘g’*}’B§g'8Se“(;'}d°’ extinguish any penalty, forfeiture, or liability incurredmnder any Act or Acts of which this Act isamendatovyi l ` . v , ‘ Y _ Sno.- 18; The provisions of this amendstory Act shall govern pro- 1 A§°S‘§S‘?"‘°“ ‘° p°°d' Q86d1llgS,`S0 far as practicable and applicable, in bankrupte cases :i{¤¤gg¤;li gfiggyqzr pendinipwhen it takes eifectgibut as to proceedings in cases {Ending ° ° Y ’ ’° ` when t 1S Act takes effect, to which the provisions of this amends-