Page:United States Statutes at Large Volume 44 Part 1.djvu/269

 .235 www 11.- Slmll so ordor. Tho  dividend shall not laclude more tho.: ·;·,@ pm- ceutum of athé money of tho estatot in gms; at. mount ncéessary. to DR! the debts which have pxiority  um smh élaims as probably will be allowed. The llnal dlvidom éimli not be mleclsxfod within three months aftor tho mst divi {mtr shalt be declareé. . { cl The: rights ot creditors who have received ldividendx to in whose. favor mul J dividends have s been declalrodl shui not lx atectml by the proof and allowance ot claims subsequem M tho dlité ot such myment or declarations of dividmds; bu dw creditors proving and securing the allowance of sugi pmims lshall be paid dividends cqtial ix; amount to thogo slrchd m·<·ivcd— by- the other éredltors if the cstaté equals so lmmi glmlxe such other creditors are paid ani iorther dividends. {ll) Kwhenevcr a person shalfhave been adjudged a baukruyg l by tl owurt without the‘.U1llted_ Statcé `aud also by a ·C0l1l't c lomkruptcy; creditors residing within the United States sha nm: be péid m dividend équal to that received in the gow \\’i{l1{}\it»th€ United States by otlgér creditors- before creditor who lmvoe received a qlividélld lu slick court shall bc paid lan jlliljliilllts. l " .  _, _ a lo) A claimant shéll not be entitled to collect fromia bam f rum estate day gruter dmount than $11411 accrue purstmr M me provisions of this title. (July 1, 1@8,` c. 541, Q 65, 3 sm, 563; Fw. 5,,1903, c. 487, §`Ll5, 32 Stat. 806.) " _ ‘ ~ l&6.` Unckiaed éi§Me¤ds.—-(tl) Dividends whigih remain u1 umimcd for slx··months after the Emil diVl€iél1d`b`8.8 been d~ _ t·la:··t·d shall be paild by the trustee iugocouxjto. `_ _ ·~ (la) Divl®iids remaining unclaimed for one year shall, u1 dor the dlreotioh ot tho ¢Ol1I'l',,_bB distributed to the croditol wzloso claims have been allowed but not paid ln` full, and site Fool} clalmsliave bec¤ paid in full the balance shall "bo bald _1 the bmikmpt. In case unclaimed ;Mvldends belong to mluol suvh minors may have ono year after arriving at mqjorlty 1 4·l;•im such `dlvideuds. (July 1, 1898, c. 541; 5 66,,% Stat 564 107;- Liens, osnveyqsceq, transfers, aud •sslg¤§mts;'v•%| ¤f.~—-(ma) Claims which for want of record or for other treason wuinlal not have been valid llens as agalhst tho claims ot.t1 .·re~ditoa·s"0f the bankrupt shall not bel lielaé against his esta! lb) Whenever ln creditor is prevented from enforcing h rights as against n‘ lloin greeted, or attempted to po create by his. glelltor, who afterwards becomes n bankrupt, tho of théestoto of 'mch bankrupt shall be `subtomtod to gud me '··¤·:»f¢»rco sticky rights. of such creditor for- the bcbeht 0; .t1 vslilfé. "_ `· · 4 · · · fc) A lieu created byjor obtained tugor pursuant to on suit or proéce¢li:ag‘nt_ law org lu` equity, inclutlihg all attnb mont upon m&ue pimox or n judgment by cmfesslou., Yihli was begun against .n person I within tour momzhs boforo tl ming of a petition in ifaukmptcy Why or against such pcm shall be dissolved by the adjudication ot such mrson tobo rm¤k:·;apt it (1) it apxmrs that said lion was obtained a1 ··xistom‘:o and enforcement will work a preference, or ·(2) li zmty or partlu to be b€D8Ht€d_thB1#Bb]' Had rmaonablycau `uy helléve tho doféxidzmt was ingolvmt and in oontemplatlou l»;mkmptcy,‘ or (3) that such ·`l}6l1·W‘R8' sought and bormltt ~ in fraud of the piovislcm of   title; or if the di&1l.l€[· of such lion; would militgato sgdnst the best interests of t ojétuté of such person tho same shall toot be dlmolvod, but t . trnmteo ot tho ostato ot such pox·qo¤,.to1·.tho bonmt ot t ·~<mtoZ shall be submggted to the rights ot the holder ot so F lima and empowered to perfection; ouforco tho name in l mma gs trustee with like tome and woot in nuoh holdeimlg have tllme had not bankruptoy  i¤te1"¥e¤Bd. ‘ ` (dy Lions giton lor accepted in good fnlthong not ln cc tc:-nplatiou obo: ln fraud bpm tho provisions of this title, al
 * ·4·x·mittodCwl1llo`tlw`deIep¢ln¤t wai lnsolvmt and that I

aazvxzcvrrrcr  § 109. a for a prosént consideration, which have boon recorded accordo ing tollavv, iflrocord thereof was noco•ssary*·in. order to impact sll notlco, phall, to tho extent of such prosgnt consideration only, d not be affected by anything heroin. o _. iQ _ ’(o) All oonveyances, transfers, assignments, or lncumbrqncos ( · of bla property or any part thoréof, made or glvon by`a person a, adjudged a bankrupt unldor tho provisions ot this titlo within ll four months prior to the ming of tho pétltion, with tho intent lt and purpose on his part to hinder, delay, or defraud his oroel- [4; ltoragor any of thorn, Shall he null and void as against tho h creditors of such debtor, except as- to purchasers ln good faith y and for a prment fair consideration; and all property of tho h·_ debtor conveyed, . transferred, assigned, or oncumborod oa ,_ aforesaid shall, if  be adjudged a bankrupt, and the soma ,t( ia) not agxempt from? oxécutloa. and liability for debts by tho ,f law ot Ilia domicile, be- and remain a part ot tho aamts and H estate of tho bankrupt and shall pass to his said trustee, whoso rt duty it shall be to rooovor and roclam the émoby legal pro- ,8 cocdlhga or `othorwlso°' for the bondt of the creditors. .And Ly all `oonvoyancps, transfcrq, or incumbra@ of his bproporty ( made by a debtor at any time' within four months mdor to k_ tho Bling of the _ potltion. apimt hm, aw while iwnlvoat, W yvhloh are hold null and void as against the croditorsf of meh Ri debtor by tho lawso! the Stato, Territory, or District in which ( such property is situato, shall be doemd null and void undo: the provisionaol! this title against tho creditors of quota debtor n` if ho boadjudgod at bankrupt, and such property shall pass to B` the assignee and- be by him  and recovered for the » ’ bonoht of the creditors. of the banl:rum.` For tho purposo of “'_ auch rocovory any Jcourt of  as horoiabetoré dodnod. tl? bankruptcy had not intervened, shall have concurrent ,juri.€· mdi on. V  __ __ " ·(,f _That ( all levies, judmonm, attachments, or other liens, t° obta od through legal  agaiw a person sthon is ·)  I y a t, at.any tlmo`withlh°four monthaprlor to the Bling M. rand void in casa ho is adjudged a bankrupt.   the property W Vaifocted by tho lovy; judgment, attachment, or othor lion shall ?°• ( be deemléd fvvholly discharged and rolodaod from the same, and M shall pauto tho trustee as a part of the wtatoof thobank- ’d• rupt,   the oourt shall, on dao notice; order that jtho right °° under such `lovy, judgmént; attachment, or other limo shall be U `prosorved for tho banoht oftho estate`; and thereupon thé mma M {may   ¤to_ and shall be   by. the ftrustoc for the · bonodt o£·‘ tho ostato- as atoromid. And the court may ordor ay (such convoyanco as shall be necessary to ‘oa.rry tho purposes ot rh- this seittiqn into -gfect_. Nothlng . hergih wtaihadh shall have ch tho o¤oct to destroy or impair tho` tltla obtalwd by such Iovy,. ho judgment, attachxnént, or other `llon, of oa bona. Helo purohoioor on for value who shall have acquired tho  without notloo or a reasonable cauaorfor inquiry., (July _1, 1@S, co 541, S 67, 30 nd Stat. -564; Feb._5, 1903, c; 487, `I 1% 32 Stat, 800; Juno 25, lillbgi its é. 412, §_   36 Stat, 342.) A _ · L _` U6 :108. Set-0H: and c€>u:uter¢Iai¤la.——(a) Ia all castes of nilutual M dobta or mutual orodlta `botwoon tho ostatoi of a bankrupt and a of creditor tho account shall be stated and loao dobt shall be set ad od against tho other, and tho balance only- shall be- allowed ¤¤orpald._ ‘·  .,.·( M l, (b) Ar sat·01'£ or countérclalm shall not be allowed in favor ll? of any debtor of tho banhrupt which (1) ia not `provablo aggainat M tho ostato; or (2) was }ourchasod~ by or transferred to him ch attor thowdllng ot tho petition, or within tour months before li! apioh ming, with a vlovv as auch use and with knowledge or FM notion that such bankrupt was lasolvont, `or had oommittodi an oo: or baampcty. may 1, 1898,;:. 541, 1 M, so sm:. ooo.) my 109. Property: seizure to avoid deterioration.-—-—A judge may, nd upon satlstaotoryproof, by andavit, that a bankrupt against
 * 8 and any Stats court whiteh would have had), jurlmotion it
 * 7 of ‘ petition in bankruptoy against him, shall to deemed, hull