Page:United States Statutes at Large Volume 14.djvu/558

 528 THIRTY—NINTH CONGRESS. Sess. II. Ch. 176. 1867, received, stating the time of receipt of such proof, and the amount and nature of the debts, which books shall be open to the inspection of all the Examination creditors. The court may, on the application of the assignee, or of any °f b“°k'“P‘· creditor, or of the bankrupt, or without any application, examine upon oath the bankrupt, or any person tendering or who has made proof of claims, Summoning of and may summon any person capable of giving evidence concerning such P°"’°““‘ proof, or concerning the debt sought to be proved, and shall reject all claims not duly proved, or where the proof shows the claim to be founded in fraud, illegality, or mistake. Proceedings Sec. 23. And be it further enacted, That when a claim is presented for wl""? b°f°‘”° proof before the election of the assi¤nee, and the judge entertains doubts election of as- . . . . ° . . . . . gigng€’ judge of 1ts validity or of the right of the creditor to prove xt, and is of opinion doubt? Validity that such validity or right ought to be investigated by the assignee, he °fIY;:ZQs M_ may postpone the proof of the claim until the assignee is chosen. Any cepting prefer- person who, after the approval of this act shall have accepted any preference, °“°°’ Gm; *° having reasonable caused to believe that the same was made or given by $52;;, cdizgend the debtor, contrary to any provision of this act, shall not prove the debt until, &c· or claim on account of which the preference was made or given, nor shall he receive any dividend therefrom until he shall first have surrendered to the assignee all property, money, benefit, or advantage received by him List of debts under such preference. The court shall allow all debts duly proved, and P'°"°d· shall cause a list thereof to be made and certified by one of the registers; Creditors may and any creditor may act at all meetings by his duly constituted attorney ’·°" b? “‘*°'“°Y· the same as though personally present. Y*<$€*>i9l¤SSd°¤ Sec. 24. And be it jim/zer enacted, That a supposed creditor who takes gggog d;)$c,°` an appeal to the circuit court from the decision of the district court, rejectcourt disallow- ing his claim in whole or in part, shall, upon entering his appeal in the mg °l’”m‘· circuit court, file in the clerk’s office thereof a statement in writing of his claim, setting forth the same, substantially, as in a declaration for the same cause of action at law, and the assignee shall plead or answer thereto in like manner, and like proceedings shall thereupon be had in the pleadings, trial, and determination of the cause, as in action at law commenced and prosecuted, in the usual manner, in the courts of the United States, except that no execution shall be awarded against the assignee for the Final judg-_ amount of a debt found due to the creditor. The final judgment of the ";;':_';  court shall be conclusive, and the list of debts shall, if necessary, be sive. altered to conform thereto. The party prevailing in the suit shall be en- (705*5 °*` ¤P· titled to costs against the adverse party, to be taxed and recovered as in Pnl' suits at law; if recovered against the assignee, they shall be allowed out Evadences of of the estate. A bill of exchange, promissory note, or other instrument, d°b“°f°“‘9°“”* used in evidence upon the proof of a claim, and left in court or demay be delnv- . . . . ered, mdk0W_ posited in the clerk’s office, may be delivered, by the register or clerk having the custody thereof, to the person who used it, upon his filing a copy thereof, attested by the clerk of the court, who shall indorse upon it the name of the party against whose estate it has been proved, and the date and amount of any dividend declared thereon. or PROPERTY PERISHABLE AND IN DISPUTI-:. Proceedings in Sec. 25. And be it further enacted, That when it appears to the satisgiggrd to P°"lSh‘ faction of the court that the estate of the debtor, or any part thereof, is property; ._. . . of a perishable nature, or liable to deteriorate in value, the court may order the same to be sold, in.such manner as may be deemed most expedient, under the direction of the messenger or assignee, as the case may be, who shall hold the funds received in place of the estate disposed _ where the title of; and whenever it appears to the satisfaction of the court that the title may, upon the petition of the assignee, and after such notice to the claimant, his agent or attorney, as the court shall deem reasonable, order it to
 * 8 m d“P“*°· to any portion of an estate, real or personal, which has come into possession of the assignee, or which is claimed by him, is in dispute, the court