Page:United States Statutes at Large Volume 18 Part 1.djvu/1050

 978 Trrm: Lxr.——BANKl$UPTCY.-—Ch. 4. _}’¤><>f¤f debt Sec. 5076. Creditors residing within the judicial district where the 2 Mar., 1867, c. proceedings in bankruptcy are pending sha] prove their debts before mj- ¤· 22» V- 1% P- one of the registers of the court, or before a commissioner of the circuit 52;; J, ,8,,8 court, within the said district. Creditors residing without the district, 258,,,_§,¥i5,p_;}g§f but within the United States, may prove their debts before a register in 22 June, 1874, c. bankruptcy, or a commissioner of a circuit court, in the judicia district 390- 8- 20» v· 18-1*- where such creditor, or either one of joint creditors, reside; but proof $82;;--- taken before a commissioner, shall be subject to revision by the register 1 finf Q’é’P§{g5 of the court. In re Haley, 2Bank. Reg., 13; Li re Strouse, 2 Bank. Reg., 18. Creditors oath. Sec. 5077. To entitle a claimant against the estate of a bankrupt to have his demand allowed, it must be verified by a deposition in writing 176, s. 22;v.14;p. under oath, and signed by the deponent, setting forth the demand, the 527. consideration thereof, whether any and what securities are held therefor, and whether any and what payments have been made thereon; that the port, 1 Low., 384; sum claimed is justly due from the bankrupt to the claimant; that the E¤1>¤¤‘¢¢·l€W?¤- 2 claimant has not, nor has any other person, for his use, received any bL;’W·;_?33*(l°l3;;““é security or satisfaction whatever other than that by him set forth; that Wm ug ’ the claim was not procured for the purpose of influencing the proceedings in bankruptcy; and that no argain or agreement, express or implied, has been made or entered into, y or on behalf of such creditor, to sell, transfer, or dispose of the claim, or any part thereof, or to take or receive, directly or indirectly, any money, property, or consideration whatever, whereb the vote of such creditor or assignee, or an · action on the rt of such creditor, or any other person in the proceedings, is or shallplle in any way affected, influenced, or controlled. No claim shall beallowed unless all the statements set forth in such deposition shall ap r to be true. Oath by wb0m  5078. Such oath shall be made by the claimant, testifying of his m‘*d°- own knowledge. unless he is absent from the United States or prevented 2 Mai-., 1867, c. by some other good cause from testifying, in which case the demand may 176. S- 22. V- 14. r- be verified by the attorney or authorized agent of the claimant, testifvin 527· to the best of his knowledge, information, and belief, and setting forth Lz re Barnes, 1 his means of knowledge. Corporations may verify their claims by the g"Y·h5‘?0i6 gl " oath of their president, cashier, or treasurer. The court may require or mils °l’ H" receiiiefnrther pertinent evidence either for or against the admission of an c aim. Oath, before §EC. 5079. Such oath may be taken in any district before any register whomtskempmof or any commissioner of the circuit court authorized to administer oaths; 2 Mar., 1867, c. vice-consul of the United States. When the proof is so made it shall be gg?. S- 22, v- 14. p- delivered or sent by mail to the register having charge of the same. 27 July, 1868, c. 258, s. 3, v. 15, p. 228. P¤‘<>9f *0 be ¤¤¤¢ Sec. 5080. If the proof is satisfactory to the register it shall be deliv- °L"E'*’EE____ ered or sent by mail to the assignee, who shall examine the same and 2 Mu, 1867, C, compare it with the books and accounts of the bankrupt, and shall reg- 176, s. 22, v. 14, p. ister, in a book to be kept by him for that purpose, the names of creditors 527· who have proved their claims, in the order in which such proof is received, stating the time of receipt of such proof, and the amount and nature of the debts. Such books shall be open to the inspection of all the creditors. The court may require or receive further pertinent evidence either for or against the admission of any claim. Examination by Sec. 5081. The court may, on the application of the assignee, or of any ¤{>:i¤ mw PPO0f of creditor, or of the bankrupt, or without any application, examine upon LQ'j______ oath the bankrupt, or any person tenderin or who has made proof of a 2 Mar., 1867, c, claim, and may summon any person capabge of giving evidence concern- 176, ¤- 22, v- 14. p- ing such proc, or concerning the debt sou ht to be roved, and shall 527- reject all claims not duly proved, or where the proof sliows the claim to Inuome mm. be founded in fraud, illegality, or mistake. 861; An reftay, 2 hen., 53; In re Kyler, 2Ben., 414;. Comstock 1:. Wheeler, 2 Bank. Reg., 171; McKinsey et al. v. Harding, 4 Bank. Reg., 10; In ·rcPaddock, 6 Bank. Reg., 132.
 * 7*** *° '°8l"’°'· or, if the creditor is in a foreign country, before any minister, consul, or