Page images
PDF
EPUB

said Act be, and the same is hereby, amended so as to read as follows:

"(2) the filing fees paid by creditors in involuntary cases, and, where property of the bankrupt, transferred or concealed by him either before or after the filing of the petition, shall have been recovered for the benefit of the estate of the bankrupt by the efforts and at the expense of one or more creditors, the reasonable expenses of such recovery."

Act Feb. 5, 1903, c. 487, § 14, 32 Stat. 800.

This section is part of an act to amend the bankruptcy act of 1898. cited above, other sections of which are set forth or referred to ante, under chapter 2 of this Title. It amends Act July 1, 1898, c. 541, § 64, cl. 2, subd. b, as set forth in Comp. St. 1901, p. 3447, so as to read as set forth here. The amendment consists in the addition of all matter beginning with the words, "and, where property of the bankrupt," etc., to the end of the clause, as set forth here.

Declaration and payment of dividends.

Sec. 15. That subdivision b of section sixty-five be, and the same is hereby, amended so as to read as follows:

"The first dividend shall be declared within thirty days after the adjudication, if the money of the estate in excess of the amount necessary to pay the debts which have priority and such claims as have not been, but probably will be, allowed equals five per centum or more of such allowed claims. Dividends subsequent to the first shall be declared upon like terms as the first and as often as the amount shall equal ten per centum or more and upon closing the estate. Dividends may be declared oftener and in smaller proportions if the judge shall so order: Provided, That the first dividend shall not include more than fifty per centum of the money of the estate in excess of the amount necessary to pay the debts which have priority and such claims as probably will be allowed: And provided further, That the final dividend shall not be declared within three months after the first dividend shall be declared."

Act Feb. 5, 1903, c. 487, § 15, 32 Stat. 800.

This section is part of an act to amend the bankruptcy act of 1898, cited above, other sections of which are set forth or referred to ante, under chapter 2 of this Title. It amends Act July 1, 1898, c. 541, § 65, subd. b, as set forth in Comp. St. 1901, p. 3448, so as to read as set forth here. The amendment consists in the addition of all matter beginning with the words "Provided, That the first dividend," etc., to the end of the subdivision as set forth here.

Liens; title to property.

Sec. 16. That subdivision e of section sixty-seven and subdivision e of section seventy of said Act be, and the same are hereby, amended by adding at the end of each such subdivision the words:

"For the purpose of such recovery any court of bankruptcy as hereinbefore defined, and any State court which would have had jurisdiction if bankruptcy had not intervened, shall have concurrent jurisdiction."

Act Feb. 5, 1903, c. 487, § 16, 32 Stat. 800.

This section is part of an act to amend the bankruptcy act of 1898, cited above, other sections of which are set forth or referred to ante, under chapter 2 of this Title. It amends Act July 1, 1898, c. 541, § 67. SUPP. '03-27

subd. e, and § 70, subd. e, as set forth in Comp. St. 1901, pp. 3449, 3452. by the addition to each subdivision of the sentence set forth here.

See, also, note under Act Feb. 5, 1903, c. 487, § 8, ante, under chapter 4 of this Title.

Bankruptcy records; duty of clerks to keep; inspection.

Sec. 17. That said Act is also amended by adding thereto a new section, section seventy-one, to read as follows:

"Sec. 71. That the clerks of the several district courts of the United States shall prepare and keep in their respective offices complete and convenient indexes of all petitions and discharges in bankruptcy heretofore or hereafter filed in the said courts, and shall, when requested so to do, issue certificates of search certifying as to whether or not any such petitions or discharges have been filed; and said clerks shall be entitled to receive for such certificates the same fees as now allowed by law for certificates as to judgments in said courts: Provided, That said bankruptcy indexes and dockets shall at all times be open to inspection and examination by all persons or corporations without any fee or charge therefor."

Act Feb. 5, 1903, c. 487. § 17, 32 Stat. 800.

This section is part of an act to amend the bankruptcy act of 1898, cited above, other sections of which are set forth or referred to ante, under chapter 2 of this Title.

Compensation of referees and trustees; restrictions.

Sec. 18. That said Act is also amended by adding thereto a new section as follows:

"Sec. 72. That neither the referee nor the trustee shall in any form or guise receive, nor shall the court allow them, any other or further compensation for their services than that expressly authorized and prescribed in this Act."

Act Feb. 5, 1903, c. 487, § 18, 32 Stat. 800.

This section is part of an act to amend the bankruptcy act of 1898, cited above, other sections of which are set forth or referred to ante, under chapter 2 of this Title.

TITLE LXII.

NATIONAL BANKS.

Sec. 5136.

CHAPTER ONE.

Organization and Powers.

ACT JULY 12, 1882, o. 290, § 1.

Extension of period of corporate succession.

The Comptroller of the Currency is authorized to extend, under the provisions of this act, for a further period of 20 years, the charter of any national banking association extended under the provisions of this act, by Act April 12, 1902, c. 503, set forth below.

ACT APRIL 12, 1902, c. 503.

An Act to Provide for the Extension of the Charters of National Banks. (32 Stat. 102.)

Additional extension of period of corporate succession.

Be it enacted, &c., That the Comptroller of the Currency is hereby authorized, in the manner provided by, and under the conditions and limitations of, the Act of July twelfth, eighteen hundred and eighty-two, to extend for a further period of twenty years the charter of any national banking association extended under said Act which shall desire to continue its existence after the expiration of its char

ter.

Act April 12, 1902, c. 503, 32 Stat. 102.

Act July 12, 1882, c. 290, mentioned in this act, is set forth in Comp. St. 1901, p. 3457.

Sec. 5192.

CHAPTER THREE.

Regulation of the Banking Business.

ACT MARCH 3, 1887, c. 378, § 1.

[Amended. Act March 3, 1903, c. 1014.]

Additional "reserve cities."

This section is amended by Act March 3, 1903, c. 1014, set forth below.

ACT MARCH 3, 1903, c. 1014.
An Act to Amend Section One of an Act Entitled "An Act to
Amend Sections Fifty-One Hundred and Ninety-One and Fifty-
One Hundred and Ninety-Two of the Revised Statutes of the
United States, and for Other Purposes." (32 Stat. 1223)

Additional "reserve cities" of 25,000 inhabitants.

Be it enacted, &c., That section one of an Act entitled "An Act to amend sections fifty-one hundred and ninety-one and fifty-one hundred and ninety-two of the Revised Statutes of the United States, and for other purposes," approved March third, eighteen hundred and eighty-seven, be, and the same is hereby, amended to read as follows:

"That whenever three-fourths in number of the national banks located in any city of the United States having a population of twenty-five thousand people shall make application to the Comptroller of the Currency, in writing, asking that the name of the city in which such banks are located shall be added to the cities named in sections fifty-one hundred and ninety-one and fifty-one hundred and ninetytwo of the Revised Statutes, the Comptroller shall have authority to grant such request, and every bank located in such city shall at all times thereafter have on hand, in lawful money of the United States, an amount equal to at least twenty-five per centum of its deposits, as provided in sections fifty-one hundred and ninety-one. and fifty-one hundred and ninety-five of the Revised Statutes."

Act March 3, 1903, c. 1014, 32 Stat. 1223.

The amendment by this act of March 3, 1887, c. 378, § 1, as set forth in Comp. St. 1901, p. 3490, consists in reducing the limit of population of cities which may become reserve cities from 50,000 to 25,000.

Rev. St. §§ 5191, 5192, 5195, mentioned in this act, are set forth in Comp. St. 1901, pp. 3486, 3487, 3492.

TITLE LXIII.

RIVERS AND HARBORS.

Sec. 5252.

Water-gauges on the Mississippi River and tributaries.

Provisions for the gauging of the waters of the Lower Mississippi River contained in Act Aug. 11, 1888, c. 860, § 6, 25 Stat. 424, are amended by Act June 13, 1902, c. 1079, § 9, set forth below.

ACT JUNE 13, 1902, c. 1079, § 9.

Gauging the waters of the Mississippi River and tributaries; limit of annual expenditures.

That section six of the river and harbor Act of August eleventh, eighteen hundred and eighty-eight, is hereby amended so as to read as follows: "That for the purpose of securing the uninterrupted gauging of the waters of the Mississippi River and its tributaries, as provided for in joint resolution of the twenty-first of February, eighteen hundred and seventy-one, upon the application of the Chief of Engineers, the Secretary of War is hereby authorized to draw his warrant or requisition, from time to time, upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of nine thousand six hundred dollars: Provided, however, That an itemized statement of said expenses shall accompany the annual report of the Chief of Engineers."

Act June 13, 1902, c. 1079, § 9, 32 Stat. 374.

This section is part of the river and harbor appropriation act cited above.

Act Aug. 11, 1888, c. 860, § 6, 25 Stat. 424, mentioned in this section and amended thereby, provided for the gauging of the waters of the Lower Mississippi and tributaries, and limited the cost for each year to the amount appropriated in the act for such purpose. It is amended by Act June 13, 1902, c. 1079, § 9, cited above, to read as set forth here. Res. Feb. 21, 1871, No. 40, mentioned in this section, incorporated into Rev. St. § 5252, set forth in Comp. St. 1901, p. 3522, provides for water gauges on the Mississippi River and tributaries, and limits the cost thereof to $5,000 a year.

Sec. 5253.

Employment of civil engineers on western and northwestern rivers.

Provisions for the appointment of a board of 5 engineer officers who shall perform the duties prescribed by the Chief of Engineers, and consider the reports on examinations and surveys for river and harbor improvements are contained in Act June 13, 1902, c. 1079, § 3, set forth below.

« PreviousContinue »