Page:United States Statutes at Large Volume 47 Part 1.djvu/1362

 1338 Rr lost private SEC. 1651. REISSUANCE, AND SO FORTH, OF LOST PRIVATE DOCUMENTS ivateateetc . OR INSTRUMENTS .-An action may be maintained by any person interested in any private d ocument or instrument in writing, which has been lost, destroyed, or damaged by conflagration or other public calamity, to prove, establish, compel the reissuance, reexecution, and reacknowledgment of such do cumen t or instr ument. If such docu- me nt or instrument be a negotiable instrument, the court mus t compel the person in whose fa vor it is dra wn to g ive a bo nd executed by himself and two sufficient sureties to indemnify the person reissuing, reexe cutin g, or reac knowl edgin g the same agai nst any la wful claim thereon. Preventive relief. now grant ed. SEC. 1652 . PRE VENTI VE RE LIEF, HOW C :RANTED.-Preventive relief is gr anted by i njunc tion, prel imina ry or final. Injunctions regulated by Code Civil Proce- ,„EC. 1653 . INJU NCTIO NS RE GULAT ED BY COD E CIV IL PROCEDURE: dure. Injunctions are regulated by the Code of Civil Pr ocedu re. m SP ECI AL CHAPT ER 74 .- SPECI AL RE LATIO NS OF DEBT OR AND AND CREDITOR. General urincipl9g. Who is a debtor. Who is a creditor. Contracts of debtor are valid. Payments in pref- erence. Post, p. 1341 . Relative rights of different creditors. Ante, p. 12 98 . Fraud ulent inst ru. ments and transfers. Transfers, etc, with intent to defraud cred- itors. 72d CONGRESS. SESS. II. CH. 128 . F EBRUA RY 27, 1933 . PREVENTIVE RELIEF CREDITOR GENERAL PRINCIPLES SEC. 1654. WHO Is A DEBTOR .-A debtor, within the meaning of this chapter, is one who, by reason of an exi st ing obligation, is or may become liable to .pay money to a nothe r, wh ether such liab ility is cer tai n or contingent. SEC. 1655 . WHO IS A CRE DI TOR .-A credi tor, withi n the mean ing of this chapter, is one in whose favor an obligntion 1 exists, by reason of whi ch he is, or may bec om e, entitled to the payment of money. SEC. 1656. CONTRACTS OF DEBT OR ARE VAL ID .-In the absence of fraud, every contract of a debtor is valid against all his creditors, exi sti ng or subsequent, who hav e not acquired a lie n on the property affected by such con tract. SEC. 1657. PA YMENT S IN PREFE RENCE .- A debtor may pay one cred- it or in preference to another, or may give to one creditor security for the payment of his demand in preference to another. Cro ss REFERENCE Preferring creditor, see section 1670 (1) . SEC. 1658. RELATIVE RIGHTS OF Dlk'k ERE NT CREDITORS .-Where a cred- ito r is en tit led to resort to each of sev er al fu nds for the satisfaction of his claim, and another person has an interest in, or is entitled as a cre ditor to r esort to s ome, but not all of them, the latte r may requi re the for mer to see k sat isfac tion from those fund s to which the latter has no such claim, so far as it can be done without im- pairing the right of the former to complete satisfaction, and without doing injus tice to th ird persons. CROSS REFERENCE Order of resort to different funds, see section 1325. FRAUDULENT INSTRUMENTS AND TRANSFERS SEC. 1659 . TRANSFERS, ETC ., WITH INTENT TO D EFRAU D CRE DITOR S : Every transfer of property or charge thereon made, every obligation incurred, and every judicial proceeding taken, wi th intent to delay or defraud any creditor or other person of his demands, is void against all ceditors' of the debtor, and their successors in interest, I So in original.