Page:United States Statutes at Large Volume 47 Part 1.djvu/1069

 72d CONGRESS. SESS. II. CH. 127 . FEBR UARY 27, 1933 . 1045 Such notice must be published not less than once a week for four weeks. In case such executor or administrator resigns, or is removed, before the time expressed in the notice, his successor must give notice only for the unexpired time allowed for such filing or presentation Provided, however, That the publication may in the discretion of Proov ylao - dispensed the court, be dispensed with, in which event the court may direct wicb, in discretion of notice by posting in three public places in the Canal Zone for a Co w- period of four weeks. SEC. 795. TIME EXPRESSED IN THE NOTICE .--The time expressed in n0Time expressed in the notice must be ten. months after its first publication, when the estate exceeds in value they sum of $10,000, and four months when it does not. SEC. 796 . FILING COPY OF PRINTED NOTICE TO CREDITORS.-Within Copy of notice to be thirty days after the first publication of notice to creditors, the exec- utor or administrator must file or cause to be filed in the court a cop of said notice to creditors accompanied by a statement, setting fort the date of the first publication thereof and the name of the news- paper in which the same is printed, or the dates and places of post- ing, if the posting of notices be directed. SEC. 797. , RECORDING DECREE OF NOT ICE TO CREDITORS .-After the nRecording decree of notice is given, as required by section '794, a copy thereof, with the affidavit of due publication or posting, must be filed and upon such affidavit or other testimony to the satisfaction of the court, an order or decree showing that due notice to creditors has been given, and directing that such order or decree be entered in the minutes, must be made by the court. SEC. 798 . CLAIMS NOT FILED ARE BARRED .-All claims arising upon Unfiledclaimsbarred. contracts, whether the same be due, not due, or contingent, and all claims for funer al expenses and expenses of the last sickness mus t be filed or prese nted within a ti me limited in th e notice, and an y claim not so filed or presented is barred forever : Provided, however, That Proviso. when it is made to appear by the affidavit of the claimant to the n c~ ants without satisfaction of the court, or judge, that the claimant had no notice as provided in this chapter, by reason of being out of the Canal Zone, it may be file d cr presented a t any time befor e a decree of di stribu- tion is entered. A b rief des cription of ever y claim filed mu st be en tered by the Description of olaim. clerk in the register, showing the name of the claimant, the amount and character of the claim, the rate of interest, if any, and the date of filing SEC. 799. CLAIMS MUST BE SWORN TO.-Every claim which is due, Affidavit on, re. when filed with the clerk, or presented to the executor or adminis- •`nred' trator, must be supported by the affidavit of the claimant, or some one in his behalf, that the amount is justly due, that no payments have bee n made t hereon w hich are not cre dited, an d that t here are no offsets to the same, to the knowledge of the affiant. If the claim be not due when filed or present ed, or be contin gent, the particu lars of such claim must be stated. Wh en the affidavit is ma de by a person other than the claimant, he must set forth in the affidavit the reason why it is not made by the claimant. The oath may be taken before any officer authorized to administer oaths. The executor or administrator may also require sa tisfa ctor y Ad dition al proo f. vouchers or proofs to be produced in support of the claim. No greater rate of interest shall be allowed upon any claim after Rate of interest al. its approval by the administrator or executor and judge than is lowable. allowed on judgm ents obtained in the district co urt. SEC. 800 . CLAIMS TO BE ALLOWED OR REJECTED .-Wh en a claim , Filing ot. accompanied by the affidavit required in this chapter, has been filed with the clerk, the executor or administrator must allow or reject