Page:United States Statutes at Large Volume 44 Part 1.djvu/1934

 §56 _ TITLE 11.- 1&8;c._541, § %,`30;_Stat. 554; May 27, 1926, 'é. 406, 5 11, 44 swam sz •1 Tide .1} qnamea.-·Sec1:lo¤`2o of act or July 1, isa! c. 541, so Stat.·554, cwatiruung i. 52 ot Title 11 ot the Code, hm beea amended by Act ot Hay 27, 1928, c. -406, [ 11, 44 Stat. 665 to read as above. if1‘be— amendment relates to paragraphs la) _ (b), (cl), and (e}, adding (e) as new mragraph, ‘  _ _ Chapter 5;-—0FFICERS, THEIR DUTIE AND COMPEN SATION. » _ C __ * A _ C 65.a Same-; °juriadictioa.—¢-Referees, respectively are invested subject always to Q; review by thejudge, vvithiu- the lixpitl of their gdistriets as established from time to time, with jurfs diction to (1) consider all petitions referred to them by tha clerks and make the adjudicatiohs or dismiss the petitions (2) exercise fthe poaers vested, in courts of bankruptcy {or the admiuisteriog of oaths to and the examination pt persons as wvituesses and for requiring the ptvduction of documents ix proceedings before them, except the power of commitment . (3) exercise the powers of theejudgejor the taking possessior and releasing of the property of the bankrupt in the event 01 the issuance by the élerk. of a certiiicate showing the absenei of a judge from the judiolal district, or 'thef division of the distriet,'o;· his sickness, or inability] to act {(4)* pefforin suc); part of the’d{1ties, except aa to questions arising out of the applications-of baukrupts for compositions or discharges, as are by. this title conferred on courts of bankruptcy. and as shall ’ be prescribed by rules or orders of the courta ot bankruptcy ot their respective districts, except as herein otherwme pro ° vided; arid (5)_ during- the examination of 'tbe bankt‘\1P¥{ -01 other proceedings, authorize the_ employmmt of stenographers _fo,r reporting and transcribing the proceedings ’at such reasonable expense T to the ,.estate'as` the courtmay dx,. (July 1, 1898, é;· 541,5 38{30 Stat. 555; `May 27, 1926, 406, 5.12. 44 S£&t.`666.)‘ V  - _ "' ‘_ g · e _ C < Section as of Tide 11 gn’¢¤dea.e——Sectiou 38 or Act or July 1, 1898. cg. 541530 Stat. {355, constituting. § d6_of Title; 1} of the Code, has been amended by Aét ot Bday 27, 1926, c. 406, 5 12, A4 Stat. 666, _ to read as above; The amendment relates to Isubd. (5). J Chapter G.-?-CREDITS.- · — e 93.,rProof and allovvaace of claims. _ · 96. Preferred creditors; · ·· 93, Prooiin and allowance of elaims.-—-(aj' Proof ot claims shall consist of a statement under oath, in writingysigned by.a·ereditorZ°setting forth the claim, the consideration therefor, and whether any, and, it so what, securities a1•e_held therefor, and whether any, and, it so yvhat, payments have‘ been made thereon, and that the sum claimed is justly ,owlng_’from the ‘(h} Whenever {claim is founded upon an instrument of writing, such instrument, unless lost or destroyed, shall,-be Bled with the proof of claim. T·It such- instrument is lost or dogtroyed, al statement of such fact and of the circumstances of suehzlosa or destruction shall be Bled under oath with the claim. » After the claim ia allowed or dihallowedpsuoh instrumeot may ihe withdrawn hy permission of the court, upon leaving a copy- thereoi on ile with the claim __. » Y ° (c), Claims after being proved gray, for the purpose of allowauoe, be Hled by the claimaaotslu the boart where, theproceedy lags are pending or before thereteiree lt the ease has been referred. · - ‘ _ . . _, T (d) Claims which have been duly proved, shall be allowed, ·»upon receipt by or opoa preaegxtatioa to the court, unless objection to their allowauee shall be made by parties ln interest, or their consideration be coiitinued for cause by the court upon lts own emotion. - _ . ‘ . 1 e) Claim! of  creditors and those who have priority may be allowed to eiaable auch creditors to participate in the
 * bankrupt to- the creditor; ~ · _ ‘.

-BANKRUPTCX{ A " ,1920 4 proceedings nt creditory meetings held prior to me determim, . tion. of the value oi their seénritia or priqritieg but shall bg n, allowed for such gums early se to tm enum .qem·te‘be, owing F over and above the value of theb mcnrittes or priorities. . ’* ’ (1*) Objection; to clalgs shall behmrd and d%mined as ’ soon as the cénvenience ct the court nndnthe best lntuests or theestatcé and the claimants will @11;. f, ‘ (g) The   ct, creditors jvho have received prderemm, . vbidable under — section 96, subdivision (b); of   title, or to 1,- whom peonyeyances, trgnsfers, amignments, .or incmbraneeg, 3 void or voidnble undef   107, mb&visi<m (e), of this title, . have been made or given, shall mt be allowed ¤n1ess· °sue1; B éreditors shall snrrender snch prderencen, conveynnces, trans- E _ · (h) The value of secuzitieg heki by  $.¢l'$i£01’8 ehnii 5 the court may direct, end   ot   Qual! be n ; (i) Whenever gt creditor whose claim against a bankrupt § estate is secured `by the individuai mdcrtning qt any person g' fails to prove such c;¤1m,.,sucnfpers6¤,n¤t¤y do be an the cmdl. i.t01*’s mime, and ifthe discharge s1icb`undertaking’in?·vihe!e or y in part he shnl1_be· subrogated to thnt extent- t0~the.right¤ of the » creditor;  _   Y   i, _ , r (J) Debts owinglto the United States, a scm, ,n ceunty, 1 dh- - nllowed, except fortthe amount .0t the pecuniary lem mam;] , byfthe act, transagztien, or  ont nt -1rh.=i& the @1ty , _ pr torteitnre arose. with reasonable and aetnal casa 1med ' -5 'thefeby and snch interest he may huge accrued fh€i’§0B·I€€0l'6/· ,jiugtb"1nw. `_ , 2_   _ —,   - . W ¤ "(k) Claims which have been allowed mey- be   for n cause and rfeallowed .0x· rejected in whole or in part,. necnréng · t0`the·equitieg of the-pam, befoxje but not after the ante has been closed. ‘, _· _ " (1) Whenever a claim shell` have been reconsidered and re- ` jected, in whole 01:.11:1 part, upon whiéli { dividend has hem" paid, tliejrnstee may recover from the creditor the tmmmt ef = the dividend received upon the plaim it rejected in whole, on the proportional part thereof. it rejected only inpdrt. I · _ » him) The claim- ot imyestate which is  me - bankruptcy against any like estate ‘may be proved by the F trustee ent! allowed by the eou rti¤' the   manner-and npnn . _ like   as the elnims et other memtors. 5 · ‘ . ‘ ° (n) Glalgshai not be   against fbanhjupt mute. subsequent six months gtter ·the‘¢dJn@catie¤:,er it they are . liquidated by _ litigation and. the `iihnl jnamnz therein is rendered within thirty dnysw before or utter the expiramm nf such time; then within sixty `daye- after me ¤mMtien of meh judgment: Provided,"1‘hat the rightef infanm. aw inane per- · sous withoutguardinns, without notice of the proceedings, mn! confinuéksix months longer. (July 1, 1898, c; 541, {51, 30 Stét. _; _ 560; Feb. 5, 1903, c. 487, { ,12, 32 Stat. 799; Bgay 27, 1926, c. 406, ‘ 5 13, 44 Stat. 6%.) _· _· _` · . t   of Title ll •¤¢n4§¤Q.—··-—Sectie¤ 57 of, Act of Jnly 1, 1898, c. 541, 30 Stat. Ewywind net nmendatory thereof and supplementary thereto, lconntituting Q 93 of Title 11 of the CMG, hssrbéen twdéd by Act or my 27, 1926, e. 408,‘$\18, 44 Stn. 666, te me as, above. The limendment pelatemtc mnznph (n). T ,_ 96., .Pi·efen·ed ¢redit.u¤e.·—-—=(n) A person shnu be deemed 40 have given n preferenitek, being insntverit, he has, within tour months befcrethe Bling of. the petition,  aftexj the tiling of the faetiticn dud before the adjudication, procureder sxmexfed a judgment, to be entered against himteelt in favor ot any perngn.
 * £E1'8,.8&igD!DG1ltS,. or  '( t - t » Q.
 * · be determined by eqnvertlng the same inuymbney smréng to
 * the terms; of the_agreement_p¤1:puant tc whieh
 * were: delivered to such    by   ind the
 * trustee, by ingxieement, nrbitmtlmx,  or liti, as
 * · creditednpon snch `claims, and n dividend »@•1l be paid enly
 * on the uupaid_balance.· .  F »`   _
 * triét,·0r n municipality! as a·p<-malty or Icrfeituresmh not be