Page:United States Statutes at Large Volume 30.djvu/601

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Q 562 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 541. 1898. sufficient number shall join therein, the case may be proceeded with, but otherwise it shall be dismissed. —w¤p¤tqti¤>¤¤f¤¤m- e In computing the number of creditors of a bankrupt for the purpose

§{‘,,§§‘],Y{",,§_ °”°°"°'° of determining how many creditors must join in the petition, such

creditors as were employed by him at the time of the Bling of the peti- - tion or are related to him by consanguinity or aiiinity within the third degree, as determined by the common law, and have not joined in the petition, shall not be counted. Appearance of mq- f Creditors other than original petitioners may at any time enter their },*ff§,§f§§’,§,f;’§ °""` appearance and join i11 the petition, or Ble an answer and be heard in opposition to the prayer of the petition. · uT>i¤¤¤i¤¤¤1 Of 1>¤¤· g A voluntary or involuntary petition shall not be dismissed by the °° petitioner or petitioners or for want of prosecution or by consent of parties until after notice to the creditors. m}’=·=f¤rr:s{:;g¤¤¤· Sec. 60. Punrnnnmn Canmroas.-a A person shall be deemed to W °°"' have given a preference if being insolvent, he has procured or suffered _ a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the eifect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class. I’***°*°¤°°"°i**°’°*°· b If a bankrupt shall have given a preference within four months before the Bling of a petition, or after the Bling of the petition and before the adjudication, and the person receiving it, or to be beneiited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person. _ _ _ msrgulégteggoglgi c If a creditor has been preferred, and afterwards in good faith gives me the debtor further credit without security of any kind for property which becomes a part of the debtor’s estates, the amount of such new credit remaining unpaid at the time of the adjudication in bankruptcy may be set od` against the amount which would otherwise be recoverable from him. °P¤y¤;¤¤¤b thdormz d If a debtor shall, directly or indirectly, in contemplation of the Z;,K$’;t‘§.,°§5;,’Q,.,i...,,._ Bling of a petition by or against him, pay money or transfer property to an attorney and counselor at law, solicitor in equity, or proctor in admiralty for services to be rendered, the transaction shall be reexamined by the court on petition of the trustee or any creditor and shall only be held valid to the extent of a reasonable amount to be determined by the court, and the excess may be recovered by the trustee for the benefit of the estate. Cunrrnu VII. Esiatw ESTATES. ¤_,{>_;¤_g;_¤•¤¤¤ri¤¤ fw Sec. 61. Dnrosrronms ron MoNEY.—-a Courts of bankruptcy shall ° designate, by order, banking institutions as depositories for the money of bankrupt estates, as convenient as may be to the residences of trustees, and shall require bonds to the United States, subject to their approval, to be given by such banking institutions, and may trom time to time as occasion may require, by like order increase the number of _ depositories or the amount of any bond or change such depositories. ,5g;_—;=;g;{;;j*···¤¤~ Sec. 62. Exrnnsns or Anmrnrsrmuiue Esunrns.-a The actual and necessary expenses incurred by officers in the administration of estates shall, except where other provisions are made for their pay- ‘ ment, be reported in detail, under oath, and examined and approved _ or disapproved by the court. If approved, they shall be paid or allowed out of the estates in which they were incurred. nig? Which ·¤¤rh·¤ Sec. 63. Dnnrs wmcu mr ma Pnovnn.-a Debts of the bankrupt P may be proved and allowed against his estate which are (1) a Bxed