Page:United States Statutes at Large Volume 52.djvu/894

 52 STAT.] 75TH CONG. , 3D SESS.-CH. 575-JUNE 22, 1938 vided, That the spouse may be examined only touching business transacted by such spouse or to which such spouse is a party and to determine the fact whether such spouse has transacted or been a party to any business of the bankrupt: And provided further, That the spouse may be so examined, any law of the United States or of any State to the contrary notwithstanding. "b. Except as herein otherwise provided, the right to take deposi- tions in proceedings under this Act shall be determined and enjoyed according to the Taws of the United States now in force, or such as may be hereafter enacted, relating to the taking of depositions. "c. Notice of the taking of depositions shall be filed with the court and a copy of such notice shall be served upon the adverse party in every case. "d. Certified copies of proceedings before a referee, or of papers, when issued by the clerk or referee, shall be admitted as evidence with like force and effect as certified copies of the records of district courts of the United States are now or may hereafter be admitted as evidence. "e. A certified copy of the order approving the bond of a trustee shall constitute conclusive evidence of his appointment and quali- fication. "f. A certified copy of any order or decree entered in a proceeding under this Act shall be evidence of the jurisdiction of the court, the regularity of the proceedings, the fact that the order or decree was made, and the contents thereof, and, if recorded, shall impart the same notice that a deed or other instrument affecting property, if recorded, would impart. "g. A certified copy of the petition with the schedules omitted, of the decree of adjudication or of the order approving the trustee's bond may be recorded at any time in the office where conveyances of real property are recorded, in every county where the bankrupt owns or has an interest in real property. Such certified copy may be recorded by the bankrupt, trustee, receiver, custodian, referee, or any creditor, and the cost of such recording shall be paid out of the estate of the bankrupt as part of the expenses of administration. Unless a certified copy of the petition, decree, or order has been recorded in such office, in any county wherein the bankrupt owns or has an interest in real property in any State whose laws authorize such recording, the commencement of a proceeding under this Act shall not be con- structive notice to or affect the title of any subsequent bona-fide purchaser or lienor of real property in such county for a present fair equivalent value and without actual notice of the pendency of such proceeding: Provided, however, That where such purchaser or lienor has given less than such value, he shall nevertheless have a lien upon such property, but only to the extent of the consideration actually given by him. The exercise by any court of the United States or of any State of jurisdiction to authorize or effect a judicial sale of real property of the bankrupt within any county in any State whose laws authorize the recording aforesaid shall not be impaired by the pendency of such preeeding unless such copy be recorded in such county, as aforesaid, prior to the consummation of such judicial sale: Provided, however, That this subdivision shall not apply to the county in which is kept the record of the original proceedings under this Act. "h. A certified copy of an arrangement or wage-earner plan and of the order confirming it shall constitute evidence of the revesting in the debtor of title to the property dealt with by the arrangement or wage-earner plan, or of the vesting of title to such property in 853 Provisos. Examination of spouse limited to busi. ness transactions. Permitted, laws to contrary notwith- standing. Depositions. Notice of taking; service. Certified copies of proceedings before referee, etc.; admissi- bility. Certified copy of order approving bond of trustee. Effect of, in proceed- ing hereunder. Recording of copy of petition, etc., where bankrupt owns real property. Failure to record, effect on bona-fide purchaser for value, etc. Provisos. Where purchaser, etc., has given less than fair equivalent value. County in which record of original pro- ceedings kept. Certified copy of arrangement, etc.. as evidence of title to property.

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