Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-03-27

carefully filed, kept, and numbered in the
Office of the the clerk Of the court, and a
docket only, or short memorandum thereof,
kept in books to be provided for that pur-
pose, which shall be open to public inspec-
ton. Copies of such records, duly certified
under the seal of the court, shall in all cases
be prsnd face evidence of the facts therein
stated. Evidence or examinations in any OF
the proceedings under this act may be taken
before the court, or register in bankruptcy,
rira roce, or in writing, before n commissions
er of the circuit court, or by affidavit, or on
commission, and the court may direct refer
ence to register in bankruptcy, or other
suitable person, to take and certify such ex-
witnesses, the production of books and pa
pers, and the giving of testimony, in the
same manner as in suits in equity in the cir
cult court.
INVOLUNTARY BANKRUPTCY.
Sec. 80. And be IL further enacted. That
any person residing and owing debt as afore-
said, who, after the passage of this act, shall
depart from the state, district, OF territory
OF which he is an inhabitant, with intent to
defraud his creditors, or, being absent, shall
with such intent, remain absent or shall
conceal himself to avoid the service of legal
process in any action for the recovery of a
debt or demand provable under this act or
shall conceal or remove any of his property
to avoid its being attached, taken, or seques-
tered on legal process or shall make any
assignment, gift, sale, conveyance or trans
ter OF his estate, property, rights, or credits.
either within the United States or elsewhere,
with intent to delay, defraud, or hinder his
creditors or who has been arrested and
held in custody under or by virtue of mesne
process or execution, issued out of any court
OF any state, district, territory, within
which such debtor resides has property
founded upon a demand in its nature provo
bic against bankrupt's estate under this
act: and for sum exceeding one hundred
dollars, and such process is remaining in
force and not discharged by payment, or in
any other manner provided BY the law of
such state, district, or territory applicable
thereto, for period of seven days; or has
been actually imprisoned for more than seven
days in a civil action, founded on contract.
for the sum Of one hundred dollars or up
wards or who, being bankrupt or insolvent,
or i'll contemplation of bankruptcy or insolv
ency, shall make any payment, gift, grant.
sale, conveyance, or transfer of money or
other property, estate, rights, or credits, or
give any warrant to confess judgment or pro-
cure or suffer his property to be taken on
legal process, with intent to give preference
to one or more of his creditors, or to any
person or persons who are or NAV be liable
for him as endorsers, bail. sureties, or other
wise. or with the intent by such disposition
Of his property, to defeat or delay such
operation OF this act; or who, being bank
er, merchant, or trader, has fraudulently
stopped or suspended and not resumed paw
ment OF his commercial paper, within a pc
rod OF fourteen days, shall be deemed to
rod g l..
subject to the conditions hereinafter pre-
scribed, shall be adjudged a bankrupt. on
the petition of one or more Of his creditors
the aggregate of whose debts provable under
this act amount to at least two hundred and
fifty dollars, provided such petition is
brought within six months after the act of
shall have been committed. And
# such person shall be adjudged IA bankrupt.
he assignee may recover back the money or
'ther property paid, conveyed. sold, as
signed, or transferred contrary to this act
provided the person receiving such payment
n conveyance had reasonable cause to be-
leve that fraud this act was intended.
n that the debtor was insolvent. and such
,redItor shall not be allowed to prove his
lebt in bankruptcy.
Sec 40 And be ii further enacted. That
lpon the filing of the petition authorized by
he next preceding section, if it shall appear
hat sufficient grounds exist therefor, the
curt shall direct the entry of an order re-
Iulring the debtor to appear and show cause
{ court OF bankruptcy to be holden at Il
line to be specified in the order, not less
han hive days from the service thereof, why
he prayer of the petition should not be
ranted and may also by its injunction.
estrain the debtor, and any other person. !
n the meantime, from making any transfer
+ disposition Of any part of the debtors !
property not excepted by this act from the |
peration thereof and from any interference
herewith and if it shall appear that there
{ is about to feave che district, or 70 remove |
r conceal his goods and chattels or his evil |
ence OF property, or make any fraudulent |
onveyance or disposition thereof the court |
lay issue a warrant to the marshal Of the |
istrict. commanding him to arrest the al |
eyed bankrupt and him safely keep, unless |
e shall give bail to the satisfaction Of the
Durt for his appearance from time to time,
5 required by the court. until the decision
the court upon the petition or the further
rider Of the court, and forthwith take pos
esslon Professionally of all the property and
fleets of the debtor, and safely keep the
ime until the further order of the court
copy of the petition and such order to
now cause shall be served ON such debtor by
elivering the same to him personally or
aving the same at his last or usual place of
bode or, if such debtor cannot be found.
: his place of residence ascertained, service
lall be made by publication, in such man
er as the judge may direct. No further
roceedings, unless the debtor appear and
,nsent thereto shall be had until proof shall
ave been given, to the satisfaction of the
'urt, OF such service or publication and
such proof be not given on the return day
such order, the proceedings shall be adj
urned and an order made that the notice be
rthwith so served or published
Sec. Al. And be 1t further enacted, That
l such return day adjourned day, if the
'tice has been duly served or published, or .
all be waived by the appearance and con-
mt of the debtor. the court shall proceed
to hear the allegations of the pc
toner and debtor, and may adjourn the ,
ocecdlngs from time to time, on good cause ,
own, and shall, if the debtor on the same
y so demand in writing, order trial by :
ry at the first term of the court at which a | :
ry shall be in attendance, to ascertain the ;
ct of such alleged bankruptcy ; and if, up d,
such hearing or trial, the debtor proves to .
e satisfaction of the court or of the jury, !
the case may be, that the facts set forth :
the petition are not true, or that the l
btor has paid and satisfied all liens upon =
$ property, in case the existence of such =
ms were the sole ground of the proceeding,
c proceedings shall be dismissed and the .
spondent shall recover costs
Sec. 40. And be at further enacted, That =
the facts set forth in the petition are =
md to be true, or if default be made by =
e debtor to appear pursuant to the order, :
on due proof of service thereof being :
lde. the court shall adjudge the debtor to = =
a bankrupt, and, as such, subject to the y,
DIVISIONS of this act, and shall forthwith 8
ue warrant to take possession of the es- q
e of the debtor. The warrant shall be a
.ected. and the nronerty of the debtor