Page:United States Statutes at Large Volume 14.djvu/559

 '1`HIRTY-·NINTH CONGRESS. Sess. H. Ch. 176. 1867. 529 be sold, under the direction of the assignee, who shall hold the funds received in place of the estate disposed of ; and the proceeds of the sale Proceedsof shall be considered the measure of the value of the property in any suit Sal"' or controversy between the parties in any courts. But this provision Prcvi¤<>· shall not prevent the recovery of the property from the possession of the assignee by any proper action commenced at any time before the court orders the sale. EXAMINATION OF BANKRUPTS. Sec. 26. And be it _;?¢rt}zer enacted, That thd court may, on the applica- EX,,m;mm0¤_ tion of the assignee in bankruptcy, or of any creditor, or without any ap- b B¤¤kr5¤p¤5¤¤y plication, at all times require the bankrupt, upon reasonable notice, to at- u‘;:;“;§£° tend and submit to an examination, on oath, upon all matters relating to the disposal or condition of his property, to his trade and dealings with others, and his accounts concerning the same, to all debts due to or claimed from him, and to all other matters concerning his property and estate and the due settlement thereof according to law, which examination shall h EX¤mg*¤*i°3• be in writing, and shall be signed by the bankrupt and filed with the °w °°“ “°t° ' other proceedings; and the court may, in like manner, require the attend- 'Witnesses ance of any other person as a witness, and if such person shall fail to at- f§£f’°l1°d *° "' tend, on being summoned thereto, the court may compel his attendance by warrant directed to the marshal, commanding him to arrest such person and bring him forthwith before the court, or before a. register in bankruptcy, for examination as such witness. Ii' the bankrupt is imprisoned, Proceedings if absent, or disabled from attendance, the court may order him to be pro-  $1: duced by the jailor, or any officer in whose custody he may be, or may der disgliiljty, direct the examination to be had, taken, and certilied at such time and place and in such manner as the court may deem proper, and with like effect as if such examination had been had in court. The bankrupt shall Banlgmpt to at all times, until his discharge, be subject to the order of the court, and E: s:}’J°g" ff °" shall, at the expense of the estate, execute all proper writings and instru- P c ur ’ ments, and do and perform all acts required by the court touching the as- 8;*0 d¤ ¤·U *10*8, signed property or estate, and to enable the assignee to demand, recover, °' and receive all the property and estate assigned, wherever situated; and for neglect or refusal to obey any order of the court, such bankrupt may be committed and punished as for a contempt of court. If the bankrupt _It' bankrupt is is without the district, and unable to return and personally attend at any :‘;}*h°““ "h° dw . . . . ict Sec. and of the times or do any of the acts which may be specified or required Oqergto ,mG,,d_ pursuant to this section, and if it appears that such absence was not cuuscd by wilful defliult, and if', as soon as may be after the·removal of such impediment, he others to attend and submit to the order of the court in all respects, he shall he permitted so to do, with like effect as if he had not been in default. He shall also be at liberty, from time to time, upon Brmkrupt oath to amend und correct his schedule of creditors and property, so that d°§gg‘E‘;md the seune shnll confbrm to the fhcts. For good cause shown, the wife of no,-S, ` any bankrupt may be required to attend before the court, to the end that _ Wif¤ Of bunkshe muy be examined as a witness; and if such wife do not attend at the 'lf:elQ"Qg',k‘Qe:{ time und place specified in the order, the bankrupt shall not be entitled gw. ' to a discharge unless he shall prove to the satisfaction of the court that tgf 2* dm **0* he was unable to procure the attendance of his wife. No bankrupt shall u EQ  t t be liable to arrest during the pendenoy of the proceedings in bankruptcy liabfcuwngirgg in any civil action, unless the same is founded on some debt or claim from &¤- which his dischzwge in bankruptcy would not release him. OF rum DISTRIBUTION or THE BANKRU1=T’s ESTATE. Sec. 27. And be it further enacted, That all creditors whose debts are Di¤¤il}¤tig>¤ duly proved and allowed shall be entitled to share in the bankrupt’s prop- 2:t:;1}k*°pt° erty and estate pro rata, without any priority or preference whatever, ex- No priority cept that wages due from him to any operative, or clerk, or house scr- °¥°°Pt "°'°“i“ v01.. xiv. 34 lm;"'