Page:United States Statutes at Large Volume 14.djvu/557

 THIRTY-NINTH CONGRESS. Sess. II. Ch. 176. 1867. 527 until the question of the debt0r’s discharge shall have been determined ; tp judgment u¤· - · - - _ tnl, &c. and any such su1t or proceedmgs shall, upon the apphcamon of the bank sum m be wps, be stayed to await the determination of the court: in bankruptcy on gtgygd’ gm, the question of the discharge, provided there be no unreasonable delay on the part of the bankrupt in endeavoring to obtain his discharge, and provided, also, that if the amount due the 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 may be proved in bankruptcy, but exccutgm shall be stayieddns aforesaid. IB any bankrupt; l $:;T:£1g¢>iéh shall, at; the time of a ju ication, be ia e u I1 an bi 0 exc anve, · " promissory note, or. othergbligation in respecsiof dishnct contracts als? a  (mmm` member of two or more rms carr ing on se arate and distinct trades, and having distinct estates to be vhound up ih bankruptcy, or as a sole trader and also [as] a. member of a Erm, the circumstance that such firms are in whole or in part composed of the same individuals, or that the sole contractor is also one of the joint contractors, shall not prevent proof and receipt of dividend in  respect of such distinct contracts against the estates respectively liable upon such contracts. Suc. 22. And be it further enacted, That all proofs of debts against YWQVS °Y`d°bw the estate of the bankrupt, by or in behalf of creditors residing within the §:,:f?’d°"° °'°d` judgciag ¢; 1su·ict wha? the nroceednni in banccvupteg avi Pendin§,§l1all he ma c e orc one o 16 regns ers 0 e cour m sax is nc, an or m behalf of non-resident. debtors before any register in bankruptcyhn the of nemesijudicial district where such creditors 01: either of them reside, or before d°“°“· any commissioner of the circuit court authorized 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 Claims, how oath or solemn aihrmation before the proper register pr commissioner ¢<>b¢ V¤\ji§¢d·_ setting forth the demand, the consideration thereof, whether any and what zecuritxesg nie held tliexefoa, and wlxctherfhvang wéhat Faymgntsgmaie een ma c 1ere0n ; m me sum c axme is Jus ue rom e an - rupt. to the claimant ; that the claimant has not, n0r)has any other person, for his use, received any security or satisfaction whatever other than that by him set forth, that the claim was not procured for the ur cse of inhuencing the proceedings under this act, and that no bargainpor sgreement, express or implied, has been made or entered into, by or on behalf bf' such creditor, to sell, transfer, or dispose of the said claim or any part thereof} against such bankrupt, or take or receive, directly or indirectly, any money, property, or consideration whatever, whereby the vote 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 in any way affected, iniiucnced, or controlled, and no claim shall be allowed unless all the state- N0 claim M- ments set forth in such deposition shall appear to be true. Such oath or £;°d’ ““l°”* Bolcum uilirnmtion shall be made by the claimant, testifying of his own Oath eo be knowledge, unless he is absent fvorn the United States or prevented by Eggzgigfd b°· izmioglfg goofhcznuse from £esn£y1n,<i2 m which cagies fhg dcma;1d;n:y x- m re manner e 21 orne or an 1or1ze ven 0 e claimant testifying to the bestyof his kuowlbedge, informatioriband belief; and setting forth his means of knowledge; or if in u foreign country, the muh of the creditor may be taken before any minister, consul, or viceconsul of the United States ; and the court may, if it shall see Ht, require Other evi- G; aeceirc further pertinent evidence either for or against the admission d°“°°‘ 0 16 c aim. orpomtions ma verif their claims by the oath or solemn Clqims of cor- Bmrmation of their president, cgshiengyor treasurer. If the proof is satis- g;;?;;?' h°w factory to the register or commissioner, it shall be signed by the deponent, cram] to be and delivered or sem; by mail to the assignee, who shall examine the same §°¤* *° ¤S¤iS“°° ami Compare it with the books and accounts of the bankrupt, and Shall :.;gs:::}Sn°° @¢g1ster, in a book to be kept by him for that purpose, the names of cred- His dnty as to NOTE who have proved their claims, in the order in which such proof is ’“°h °l“"“‘