FIFTY-FIFTH CONGRESS. Sess. II. C11. 541. 1898. 563 liability, as evidenced by a judgment or an instrument in writing, abso- ` lutely owing at the time of the Bling of the petition against him, whether then payable or not, with any interest thereon which would have been recoverable at that date or with a rebate of interest upon such as were · not then payable and did not bear interest; (2) due as costs taxable _ against an involuntary bankrupt who was at the time of the Bling of the petition against him plaintiff in a cause of action which would pass to the trustee and which the trustee declines to prosecute after notice; (3) founded upon a claim for taxable costs incurred in good faith by a creditor before the Bling of the petition in an action to recover a provable debt; (4) founded upon an open account, or upon a contract express or implied; and (5) founded upon provable debts reduced to judgments after the Bling of the petition and before the consideration of the bankrupt’s application for a discharge, less costs incurred and interests accrued after the Bling of the petition and up to the time of the entry of such judgments. · b Unliquidated claims against the bankrupt may, pursuant to appli- 1?¤¤fg¤¤·1}<_;v=¤¤3 cation to the court, be liquidated in such manner as it shall direct, and :1.;..]: qu ° ° may thereafter be proved and allowed against his estate. Sec. 64. DEBTS WHICH HAVE PBIOBITY.—a The court shall order Debts mimi im-e the trustee to pay all taxes legally due and owing by the bankrupt to {':,",f,Y,;,,, 0,,,,,, the United States, State, county, district, or municipality in advance -· of the payment of dividends to creditors, and upon Bling the receipts of the proper public officers for such payment he shall be credited with the amount thereof, and in case any question arises as to the amount or legality of any such tax the same shall be heard and determined by . the court. · b The debts to have priority, except as herein provided, and to be ··°°‘*“'P°°“°'l- paid in full out of bankrupt estates, and the order of payment shall be (1) the actual and necessary cost of preserving the estate subsequent . to Bling the petition; (2) the Bling fees paid by creditors in involuntary cases; (3) the cost of administration, including the fees and mileage payable to witnesses as now or hereafter provided by the laws of the United States, and one reasonable attorney’s fee, for the professional ' services actually rendered, irrespective of the number of attorneys employed, to the petitioning creditors in involuntary cases, to the bankrupt in involuntary cases while performing the duties herein prescribed, and to the bankrupt in voluntary cases, as the court may allow; (4) wages due to workmen, clerks, or servants which have been earned within three months before the date of the commencement of proceedings, not to exceed three hundred dollars to each claimant; md?) debts owing to any person who by the laws of the States or the nited States is entitled to priority. c In the event of the confirmation of a composition being set aside, mI>:er¤•¤¢i¤¤¤f¤•¤k- or a discharge revoked, the property acquired by the bankrupt in addi- quired agtepfzrotmpobiz tion to his estate at the time the composition was conBrmed or the Qgégzmnming °' adjudication was made shall be applied to the payment in full of the ` claims of creditors for property sold to him on credit, in good faith, while such composition or discharge was in force, and the residue, if any, shall be applied to the payment of the debts which were owing at the time of the adjudication. Sec. 65. Dncmmsrion mm PAYMENT OF DIVH)ENDS.—& Dividends Migzgjggdégg of an equal per centum shall be declared and paid on all allowed mm · claims, except such as have priority or are secured. b The first dividend shall be declared within thirty days after the -1im mmm 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 —¤¤hb¤¤q¤¤¤¤ ¤!viupon 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.
