Page:United States Statutes at Large Volume 18 Part 1.djvu/1051

 Trru: r.x1.—l%ANKR(*P'[`CY.—Ch. -1. 979 Sec. 5082. A bill of exchange, romissory note, or other instrument, Withdrrnwal of used 1D evidence upon the proof of)a claim, and left in court or deposited l’°l’°"“· in the clerk’s office, may be delivered, by the register or clerk having the 2 Mar., 18677-; custody thereof, to the rson who usedit, upon his filing a co y thereof, l76» ¤· 2% *'~ lt D- attested by the clerk ofpthe court, who shall indorse upon ·it the name of 5% the party against whose estate it has been proved, and the date and amount of any dividend declared thereon. Sec. 5083. When a claim is presented for proof before the election of P°¤*·P°¤¤¤¤¤¤¤¤i the assignee. and the judge or register entertains doubts of its validit P{°__(E_ or of the right of the creditor to prove it, and is of opinion that such Ibid., s. 23. validity or right ought to be investigated by the assignee, he may post- "`L ‘ pone the proof of the claim until the assignee is chosen. 3g’fre}gr;°§0Ig§;".; Ben., $$2; In re Herrman, 4 Ben., 126; La re Stevens, 4 Bank. Reg., 122. Sec. 5084. Any person who, since the second day of March, eighteen Surrender of hundred and sixt -seven, has accepted any preference, having reasonable P"°f°’°“°°¤- cause to believe that the same was made or given by the debtor, contrary 2 Mm, 1867 ° to any provisions of the act of March two, eighteen hundred and sixty- 176 s. 23yv. 14, It seven, charlger one hundred and seventy-six, to establish a uniform sys- 528: i Y tem of ban ruptcy, or to any provisions of this Title, shall not prove the "lé ` debt or claim on account of which the preference is made or given, norman B; shall he receive any dividend therefrom until he shall first surrender to vidsdn, 4’Ben.,10; the assignee all property, money. beneiit, or advantage received bv him In rv Tvnkin. 4 under such preference. " $$6%; $31%];* Carthy, 4 Bank. kegé, 139; In re Kipp, 4 Bank. Reg., 190; Hall r. Wager 6: Fales, 5 Bank. Reg., 181; Hood r. arver, 5 Bank. Reg., 358; In re Connor and Hart, 1 Low., 532. Sm?. 5085. The court shall allow all debts dulv roved, and shall cause _ Allowance uml a list thereof to be made and certified by one of the registers. 1**** °f d°bt“· ___ 2 Mar., 1867, c. ,176, s. 23, v. 14, p. 528. Sec. 5086. The court may, on theapplication of the assignee, or of E¤¤¤¤i¤¤ti¤¤ of any creditor, or without any application, at all times require the bank- l’“"E'jl’E· rupt. upon reasonable notice, to attend and submit to an examination, Ibid.,s.26,p.529. on oath, upon all matters relating to the disposal or condition of his property, to his trade and dealings with others, to his accounts concern- B JL 274; I,,’N mg the same, to all debts due to or claimed from him, and to all other Ray,2’Ben.,53; Li matters concerning his property and estate and the due settlement there- ¢‘¢S¤li#.4B<=¤·»l·i3; of according to law. Such cxamination shall be in writing, and shall be     g{T“‘}"°‘f» signed by the bankrupt and tiled with the other proceedings. 6,1;)):,*,1; I yoke 3-10; In re lirenger, Loud & Co., 2 Low., 182; bz rc Noyes, 2 Low., 353; l,'.’S. r. Pres; cott, 2 Dill., -105; In rv Salkey, 5 Bise., 486; In re Sukey & Gerson, 5 Biss., 269. Sec. 51 >87. The court may. in like manner, require the attendance of any _E¤¢¤¤¤i¤¤ti<>¤¤ of other person as a witness. and if such person fails to attend, on being fg_____ summoned thereto, the court may compel his attendance by warrant 2 May, 1867, c, directed to the marshal, commanding him to arrest such person and bring 176, s. 26, v. 14, p. him forthwith before the court, or before a register in bankruptcy, for 5232 J examination as a witness. 390,,_8'fm,£;T‘{b6`; L1. re Levy, 1 Ben., 45+; In we Fredenberg, 2 Ben., 133; In re Bellis—{nd`Ldil@, 3 Ben., 386; Ln re Lewis, 4 Ben., 67; In re Lathrop, Cady, and Burtis, 4 Bank. Reg., 93; In re William A. Walker, l Low., 222. Sec. 5088. For good cause shown. the wife of any bankrupt may be Examination of required to attend iefore the court to the end that she may be examined b““l"“P*"’ Wlf°· as a witness; and if she does not attend at the time and place specified 2 Mar., 1867, c. in the order, the bankrupt shall not be entitled to a discharge unless 176, s. 26, v. 14, p. he proves to the satisfaction of the court that he was unable to procure 529- her attendance. 3932 :"g"g,}%4' 1c' $80.-—({:au;·e RBe;n.,52)09; In rn Van Tuyl, 3 Ben., 237; In re \Vo0lford, if Ben.), 9i n rc g, n *. ., · . Sec. 5089. If the bankrupt is imprisoned, absent, or disabled from _ Examination of attendance, the court may order him to be produced   the jailer, or "{)'{’*’{°§;¤n°*; °¤‘ dl¤· any officer in whose custody he may be, or may direct e examination g