Page:United States Statutes at Large Volume 14.djvu/561

 THIRTY-NINTH CONGRESS. Sess. II. Ch. 176. 1867. 531 give notice that he will apply for a settlement of his account, and for a ·’§¤<>°¤¤l¤ °¥ discharge from all. liability as assignee, at a time to be speeiiied in such °"‘g°°°` notice, and at such time the court shall audit and pass the accounts of the assignee, and such assignee shall, if required by the court, be examined as to the truth of such account, and if found correct he shall thereby be discharged from all liability as assignee to any creditor of the bankrupt. The court shall thereupon order a dividend of the estate and etfects, or Divid¢¤d· of such part thereof as it sees tit, among such of the creditors as have proved their claims, in proportion to the respective amount of their said debts. In addition to all expenses neces=arily incurred by him in the ex- aiiowancs to ncution of his trust, in any case, the assignee shall be entitled to an al- :{;€”°° f°' “" lowance for his services in such case on all moneys received and paid out_ by him therein, for any sum not exceeding one thousand dollars, five per °°’“““"i°“" centum thereon; for any larger sum, not exceeding five thousand dollars, two and a half per centum on the excess over one thousand dollars; and for any larger sum, one per centum on the excess over five thousand dollars, and it] at any time, there shall not be in his hands a sufficient Ifassignee has amount of money to defray the necessary expenses required for the ;,‘°*;“:H°é°',!* further execution of his trust, he shall not be obliged to proceed therein Q:;,,;,;,,;?, until the necessary funds are advanced or satisfactorily secured to him. shan not be If by accident, mistake, or other cause, without fault of the assignee, g;’;§°d"’l"`°' either or both of the said second and third meetings should not be held preceeding; within the times limited, the court may, upon motion of an interested when ¤}€¤*i¤8¤ party, order such meetings, with like effect as to the validity of the pro- :;,°;:%2§T,,°§r:, ceedings as if the meeting had been duly held. In the order for a divi- time. _ _ dend, under this section, the following claims shall be entitled to priority ,gl:u‘;‘;';‘l,‘;‘€: or preference, and to be first paid in thll in the following order: —- 2,,.;,,,.;,, First. The fees, costs, and expenses of suits, and the several proceed- Fees, costs, ings in bankruptcy under this act, and for the custody of property, as &°'* herein provided. Second. All debts due to the United States, and all taxes and assess- debts due the ments under the laws thereof U“l°°d S““°“· Third. All debts due to the State in which the proceedings in bank- due the State; ruptcy are pending, and all taxes and assessments made under the laws of such State. Fourth. Wages due to any operative, clerk, or house servant, to an W¤z¤¤i amount not exceeding fifty dollars, for labor performed within six months next preceding the first publication of the notice of proceedings in bankruptey. Filth. All debts due to any pemons who, by the laws of the United dem #**6 P<‘¤‘· States, are or may be entitled to a priority or preference, in like manner ;g?:,.§';m°d t° as if this act had not been passed: Always provided, That nothing con- Taxes not at tained in this act shall interfere with the assessment and collection of f°°'°°l· taxes by the authority of the United States or any State. or THE nANKnUr'r’s DISCHARGE AND ITS EFFECT. Sec. 29. And be it further enacted, That at any time after the expira- Discharge of tion of six months from the adjudication of bankruptcy, or if no debts }’t*;’§,E&l:f»"“d have been proved against the bankrupt, or if no assets have come to the hands of the assignee, at any time after the expiration of sixty days, and within one year from the adjudication of bankruptcy, the bankrupt may apply to the court for a discharge from his debts, and the court shall thereupon order notice to be given by mail to all creditors who have proved their debts, and by publication at least once a. week in such newspapers as the court shall designate, due regard being had to the general circulation of the same in the district, or in that portion of the district in which the bankrupt and his creditors shall reside, to appear on a day appointed for that purpose, and show cause why a discharge should not be granted to the bankrupt. No discharge shall be granted, or, if granted,