Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-03-14

money, or other property, estate, rights. or
ment, or procure or suffer his property TO De
taken on legal process, with intent to give a
preference 10 one or more of his creditors, or 10
any person or persons who are or may b. Liable
for him as eBdOrsers, bail, sureties, or other
wise or with the intent, by such d disposition of
bis property, 10 defeat or delay the operation
of this act; or who. being a banker, merchant,
or trader, has iraudulently stopped or sus-
pended and not res umsd pavment of his com =
mercial paper, within period offourteen DAYS,
shall be deemed 10 have committed an act oil
bankruptcy, and, subject TO the conditions
hereinafter / rescribed, shall be asiudged q
bankrupt, on the petition of one or more of mis-
creditors, the aggregate of whose debts prova-
bic under this act amount TO at least two hun =
dred and nifty dollars, provided such petition
Is brought within six menths after the act of
bankruptcy shall have been committed And
II such person shall be sdjudged a bankrupt,
tnt assignee may recover back the money or
other property 80 paid, conveyed, sold, as
signed, or transferred contrary TO this act, pro-
vlded the person receiving such payment or
conveyance had reasonable cause to believe
that irauo on this act was intended, or that
the debtor was insolvent, and such creditor
snail not be allowed TO prove his debt in bank
ruptcy.
SIC. 40. And be it further enacted, That upon
the hling Of the petition authorized by the ne It
preceding section, II IL shall appear that SUM-
cient grounds exist therefor, the court shall d.
rect the entry OF an order requiring the debtor
10 appear and show cause, At a court OF bank
ruPicy to be holden at a time to be specified In
the order, not less than five days from the ser
wee thereof, why the prayer OF the petition
should not be granted: and may also, by its in
functions, restrain the debtor, and any other
person, in the meantime, from making any
transfer or disposition OF any part of the debt.
or's property not excepted by this act from the
operation thereof and from any interference
herewith; and II IL shall appear that there il
probable cause for belle wing that the debtor is
out TO leave the district, or to remove or con.
ceal his goods and chattels or his evidence of
property, or make any fraudulent conveyance
or disposition thereof the court may Issue a
warrant TO the marshal OF the district, com
mandIng him 10 arrest the alleged IbankruptI
and him safely keep, unless ne shall give bali
10 tbe satisfaction OF The court for his appear
anCe from time 10 time, as required by the
court, until the decision OF the court upon the
petition or The further order or the court. and
forthwith TO take possession Professionally OF All
the property and effects OF the bor and sa fely
Keep The sar.e until the further order of the
court. a copy OF the petition and of such or
Ger 10 snow cause shall be served on such
DEBTOR by delivering the same 10 him person.
aIty, OF leaving the sar1e AT his last or u ual
place OF abode: or, If eHGS debtor cannot he
found, OF his place OF residences ascertained
service shatl be made by Publication, in such
manner as the judge may direct. No further
pTocsedings, unless the debtor appear aud cou-
sent thereto, snail be- had until proof shall ha ye
been given, 10 the satisfaction OF the court of
suCh service or publication: and II such moot
be not given on the reiurp day of such order
the proceedings shall be- adjourned and In order
made hat the notice be Ecrthwitn so served or
published
SIC. IL. and he ii furt,sr enacted, That on
such return day or ad on-ned day il the notice
has been duly served or published, or shat! he
waived by the appearance and consent of the
debtor, the court shall proceed summarily to
near the allegations of the petitioner and
debtor, and may adjourn the proceedings from
uDe 10 time, on good cause shown, and shall
II the debtor on the same day so demand in
writing, order trial by jury at the first term
OF he court at which jury shall be in at.
tendance, 10 ascertain the tact OF such alleged
bankruptcy, and II, upon such hearing or trial,
the debtor proves to the satisfaction Of the
court or OF the jury, as the case may be, that
the facts set forth in the petition are not true
or.that the debtor has paid and satisfied ali
liens upon hi property, in case the existence
oisneh liens were the sole ground OF the p ro-
ceeding, me proceedings shall be dismisse d
and the respondent shall recover costs
SIC AZ. And be ii further enacted, That If the
facts set forth in the petition are fonnd to be
true, or II defauit be made by the debtor to
appear pursuant TO the order. upon due proof
OF service thereof being made, the court SHALL
adJndge the debtor to be a bankrupt. and, as
shall forthwith is1ue a warrant to take posses
sion OF the estate OF the debtor. The warrant
shall be directed, and the property of the debto
shall be taken thereon, and shall be assigned
and distributed IN the same manner and with
similar proceedings 10 those hereinbefore pro-
vided for the taking possession, assignment,
and distribution of the property of the debtor
upon his own petition. The order OF adiudi.
cation OF bankruptcy shall require the bank.
rupt FORTHWITH, or within such number OF DAYS
not exceeding five after the date of the order OF
notice thereof rs shall by the order be pre-.
scribed, to make and deliver, or transmit nv
mall postpaid, 70 the messenger. a schedule
OF the creditors and an inventory of his estate
In the form and verified in the manner REQ uired
OF petItoning debtor by section thirteen. Ii
the 6ebtor has failed 10 appear in person. OIL
by attorney certified copy of the ad iudIcati
nan ht ICrthWith served on him by delivery
or puoiieatIOn IN the manner herein before pro.
weed for the service of the order to show
cause: and u the bankrupt is absent or cannot
be found, such schedule and inventory shall
be prepared by the messenger and the assignee
from the best information they can obtain II
the petitionlng creditor shall not appear and
proceed on the return day, or adjourned day
The court may, upon the petition of any other
creditor. TO the required amount, proceed 10
adJudicate on such petition, without requiring
Lew service or publication Of notice TO the
debtor.
TO BE CONTINUED