The times., 1898-06-25

Provided however That he shall not be re- |
qurcd to attend meeting OF his creditors, OF
at or for an examination at place more lnan |
$50 miles distant from his home or principal piaee
of business, to examine claims except wheh |
presented to him. unless ordered by the court, 9r
a Judge thereof for cause shown, and the bank |
rupt shall be paid his actual expenses from Inc |
estate when examined required to attend at |
any place other than the city, town or village oil
his residence.
Sec s. Death or Insanity Of Bankrupts--a The |
death insanity of bankrupt shall not aoate |
the proceedings but the shall be conducted |
and concluded in the manner, 50 Tar as |
possible though he had not died or become IN !
sane: Provided. That, in case of death, The |
widow and children shall be entitled all rights
of dover and allowance fixed by the laws OF the
State Of the bankrupt's residence.
See o. Protection and Detention of Bankrdpts
n, bankrupt shall be exempt from arrest upon
| civil process except in the following cases: %
When issued from a court of bankruptcy ior con
tempt disoberlience Of its lawful orders; ~
when issued from a State court having 1uris-
diction. and served within such State, upon a
| debt or claim from which his discharge in bank
| ruptcy would not be release, and III such case
he shall be exempt from such arrest when III
| attendance upon court of bankruptcy or en-
gagged IN the performance OF duty imposed py
! this act
b. The Judge may. at any time after the filing
| of petition by or against person, and before
! the expiration of one month after the qualltca-
| ton of the trustee, upon satisfactory proof by
| the afidavits of at least two persons that such
bankrupt is about TO leave the district in which
he resides has his principal place OF business
/ to avoid examination, and that his departure
viii defeat the proceedings In bankruptcy, Issue
/ a warrant to the marshal, directing him TO bring
such bankrupt forthwith before the court for
examination. Ii upon hearing the evidence Of the
parties il shall appear to the court or 1uage
thereof that the allegations are true, ana that
| it is necessary he shall order such marshal to
! keep such bankrupt in custody not exceeding ten
| days, but not imprison him, until he snail be
examined and released give bail conditioned
for his appearance for examination, from time
| to time NOT exceeding in all ten days re
| a1 hK Jhn and for hlG al
| lawful orders made in reference thereto.
See 10. ENtTadition Of Baakrupts.-a, When
| ever warrant for the apprehension OF BANK
rupt shall have been issued, and he shan nave
/ been found within the jurisdiction OF 4 court
/ other than the one issuing the warrant, ne may
I be extradited in the same manner in which per
| sons under Indictment now eXtradited from
one district within which district court has
| jurisdiction to another
| Sec IL Suits by and Against Bankrupts.-a.
| suit which is founded upon claim from which
| discharge would be release, and which Is
| pending against a person at the time OF the
filing of a petition against him. shall be stayed
! until after an adjudication or the dismissal Of
| the petition; if such person is adjudgod bank
| rupt such action may be further stayed until
twelve months after the date OF such Adjudication,
or, if. within that time. such person applies for
discharge, then until the question Of such DIS
| charge is determined.
| b, The court may order the trustee 10 enter his
appearance and defend any pending suit against
! the bankrupt.
c. trustee may. with the approval of the
! suit commenced by the bankrupt prior to the
! adjudication. with like force and effect as
though it had been commenced by him.
d, Suits shall not be brought by or against a
trustee of a bankrupt estate subsequent to two
years after the estate has been closed.
See. l2- Compositions When Conhrmod.-a, 4
bankrupt may offer terms of composition to his
creditors after, but not before, he has been
amined in open court or at a meeting OF his
creditors and filed in eonrt the schedule OF his
property and list of his creditors required 10 be
filed by lankrupts.
b, IN application for the continuation OF a
composition may he fled in the court OF bsrh-
| ruptCy after, but not before, il has been ac-
| Cepted in writing by a majority in number OF
| all creditors whose claims have been allowed
which number must represent majority IN
amount of such claims, and the consideration TO
be paid by the bankrupt to his creditors, and
the money necessary 10 pay all debts which have
priority and the cost of the proceedings. have
been deposited in such place as shall be dcsig
mated by and subject to the order OF the judge.
c, \ date and place. with reference to the con
yenencc Of the parties IN Interest Shall be fixed
for the heaTlng upon each application t0r The con
frmatisn Of composition, and slch objections as
may be made To lis cohfigmatiecs n17yt , 49,
d, The judge shall confirm q composition II
satisfied that % it Is Tor the best interests of
] the creditors; % the bankrupt has not been
guilty OF any of the acts or failed TO perform
any OF the duties which would be bar u his
discharge; and 90 the offer and its acceptance
in good faith and have MT been made or
procured except as herein provided or by any
means, promises acts herein forbidden.
consideration shall be distributed is the Judge
! shall direct, and the dismissed. Whenever a
composition Is not confirmed, the estate shall be
administered III bankruptcy as herein provided.
Sec. l3- Compositions, When Set Aside The
judge may, upon the application Cf parties in in
terest filed At any time within six months after
composition has been confirmed. set the same
] aside and reiustate the case ii il shall be made
to appear upon trial that tgaih IVas ppcCiced
in the procuring OF such composition, and that
the knowledge thereof has come TO the petitioners
since the confirmation OF such composition.
! Sec IA. Discharges When Granted, Any
= person may. after the expiration OF month
| and within the next twelve month. subsequent
To being adjudEed a bankrupt. file application
for a discharge in the court OF bankruptcy in
which the proceedings are pending; if it shall be
| made to appear to the judge that the bankrupt
was unayoidahly prevented from fling it within
such time, it may be filed within but not after
the expiration OF the next six months.
b, The judge shall hear the application for a
, discharge, and such proofs and pleas may
] be made in opposition thereto by parties in
interest, such time will give parties in in
tcreSt reasonable opportunity to be III ~ heard,
! and investigate the merits of the application and
, discharge the applicant, unless lie has Q) com
! mitted an 0ffense punishable by Imprisonment
J as herein provided: % with fraudulent in
| tent to conceal his true financial condition and
r in contemplation Of bankruptcy. destroyed con
cealed. failed TO keep books of account or
records from which his true condition might be
2 ascertairea.
: C. Tie confirmation OF a composition Shall dis
t charge the bankrupt from his debts, other than
those agreed to he phid by the terms Of the com
position and these not affected by a discharge.
Sec Is. Discharges When Revokcd.-a The
D judge may upon the application OF parties in
interest who have not been guilty Of undue aches,
filed at any time within year after a discharge
shall have been granted, revoke il upon Z trial
il it shall be made 10 appear that it was OBJ
tanned through the fraud OF the bankrupt, and
that the knowledge of the fraud has come to the
petitioners since the granting Of the discharge,
and that the actual facts did not warrant the dis
charge
/ Sec IL Co-debtors of BankIupts-a, The liza.
| biiity Of person who is a co-debtor with. CT
guarantor or in any manner a surety for, a bank
rupt shall not be altered by the discharge of sac
bankrupt
Sec IL Debts Not Affected by DichaIge.-
) 1t is a marvel how