Page:United States Statutes at Large Volume 18 Part 1.djvu/1043

 TITLE Lx1.—BANKRUPlTY.—(,‘u. 4. 971 Sec- sec. 5045. Exemptions. 5075. Secured debts. oi)46. what property vests in assignee. 5076. Proof of debt. 5047. Right of action of assigpee. 5077. Creditor' oath. 5048. No abatemept by dent or removal.5078. Oath by whom made. 5049. Copy of assignment conclusive evi- 5079. Oath, before whom taken; proof ence of title. . sent to register. 5050. Bankrupt's books of account. 5080. Proof to be sent to assignee. 5051. Debtor must execute instruments. i 5081. Examination by court into proof of 5052. Chattel-mortgages. claims. 5053. Trust profperty. 5082. Withdrawal of papers. 5054. Notice o lalppointment of assignee5083. Postponement of proof. and reco of assignment. 5084. Surrender of preferences. 50-55. Assignee to demand and receive all 5085. Allowance and list of debts. assigned estate. 5086. Examination of bankrupt. 5056. Notice prior to suit against assignee. 5087. Examination of witnem. 5057. Time o commencing suits. 5088. Examination of bankrupt’s wife. 5058. Assignee’s accounts of money re- 5089. Examination of imprisoned or disaceived. bled bankrupt. Assignee to keep money and goods 5090. No abatement uga: death of debtor. separate. 5091. Distribution of nkrupt’s estate. 5060. Temporary investment of money. 5092. Second meeting of creditors. 5061. Arbitration. 5093. Third meeting of creditors. 5062. Assignee to sell property. 5094. Notice of meetings. 5063. Sale of disputed property. 5095. Creditor may act by attomey. 5064. Sale of uncollectible assets. 5096. Settlement of assignee’s account. 5065. Sale of perishable property. 5097. Dividend not to be disturbed. 5066. Discharge of liens. 5098. Omission of assignee to call mech 5067. Provable debts. ings. 5068. Contingent debts. 5099. Compensation of assignee. 5069. Liability of bankrupt as surety. 5100. Commissions. 5070. Sureties for bankrupt. 5101. Debts entitled to priority. 5071. Debts falling) due at stated periods. 5102. Notice of dividen to each creditor. 5072. No other de ts provable. 5103. Settlement of bankrupt estates by 5073. Set-offs. trustees. 5074. Distinct liabilities. Sm. 5032. The notice to creditors under warrant shall state: _ C0¤¤`=¤t¤_ of 110- First. That a warrant in bankruptcy has been issued against the estate “°° "°°""d“°j“·_ g of the debtor. _ 2 Mar., 1867, c. Second. That the payment of any debts and the dehvery of any prop- 176, s- 11. v- 14. p- erty belonging to such debtor to him or for his use, and e trans er of @·_..,._ - __ anv property by him. are forbidden by law. I'}"Hm·1B°"·· r . ·. . . . 321, Inrs He s, 1 l`h1rd. That a meeting of the creditors of the debtor, giving the names, Benq 333; Ii, ,., residences, and amounts, so far as known, to prove their debts and choose Pu1ver,1Ben.,3s1; one or more assignees of his estate, will be held atacourt of bankruptcy, In re Indianapolis, to be holden at a time and dplace designated in the warrant, not less than  Igéglhégij ,:5 ten nor more than ninety ays after the issuing of the same. Sm; 2 g,,;,,, 94; Ex parte Fremont Nat. Bank, 2 Low., 409. Sec. 5033. At the meeting held in pursuance of the notice, one of the M¤r¤h¤i’¤¤~>t¤r¤· registers of the court shall preside, and the messen er shall make return - · . . .  . 2 Mar., 186:, c. of the warrant and of his doings thereon; and 1 it ap}pears that the 176,s. 12, v. 14, p. notice to the creditors has not beerggiven as required in the warrant, the 522. meeting shall forthwith be adjourn, and a new notice given as required. I,,,.eHm_1 Bw__ 321; In rc Devlin, 1 Ben., 335; In rc Pulver, 1 Ben., 381. Sec. 5034. The creditors shall, at the first meeting held after due notice _ Ch cic e of asfrom the messenger in presence of a register designated by the court, EEE.; choose one or more assignees of the estate of the debtor; the choice to 2 Mar., 1867. c. be made by the greater part ID value and in number of the creditors who  S· 13· V- uv P· have proved their debts. If no cho1ce is made by the creditors at the _+.?... meeting, the judge, or if there be no opposing interest, the register, shall I{¤·•‘¢H¤UJ Bep-, appoint one or more assignees. If an_ass1gnee, so chosen or aplpointed, fi2},;;" gg5D?;;;; fai s within five days to express in writing his acceptance of the trust, In ,.c]gji,,,1 Ben; the judge or register may ii the vacancy. All elections or appointments 407; In re Smith, 2 of assiignees shall be subject to the approval of the judge; and when in Bw-.113:In MA- his ju gment it is for any cause ne ful or expedient, he may appoint ggghgjgjgg additional assiguees, or or er a. new election. O0_ {°°j;mk_ BQ_, 139; In rc Scheiffer dz Garrett, 2 Bank. Begj, 179; In re Zinn, 4 Bank. Reg., 145; In re Boston, &c., R. R., 5_Bank. Reg., 233; In rc lairmont, 1 Low., 230; In re James McGlyn, 2 Low., 127; In re Gilley, 2 Low., 250; Woods v. Buckewell, 2 Dill., 38; In rc Tertelling, 2 Dill., 3239; In re Adler dz Brothers, 2 Woods, 571.