The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1908-09-04

son. are forbidden by law, and that at a
time and place designated In such notifi-
cation the first meeting Of the creditors
OF such insolYent for the appointment OF
an assignee or sssignees OF his estate
snd for proof OF claims against the same
will be held.
Sec Is. Any person. being an inhabitant
Of this state, shall be adjudged insolvent
II he has within four months prior TO the
filing OF the petition In insolvency against
him, as hereinafter provided. procured, or
Suffered 10 remain for forty days, any
attachment Of or levy upon his property,
with intent 10 give or suffer a preference
to be obtained thereby; or being insol-
vent. has suffered judgment TO be entered
against him in this state or elsewhere or
has made a conveyance, gift, or transfer
Of all or any part OF his property, assets,
or rights with intent 10 hinder, delay, or
defraud mis- creditors; or has made an as
slgnment for the benefit Of his creditors;
or has procured or suffered a judgment
10 be entered against himself with the in
tent TO hinder, delay, or defraud his cred
TORS or has secreted his property or as
sets to avoid their being levied upon or
attached under process against him, with
intent TO hinder, defraud, or delay his
creditors; or has suffered an execution
against him TO be returned nulla bona; or.
while insolvent. has, for the purpose Of
giving a preference, made a conveyance,
mortgage, pledge, or transfer OF any OF
his property or assets; or, while insolvent,
has suffered any OF his property or as
sets 10 be taken or levied upon by process
OF law or otherwise; or, while insolvent
has permitted the creation OF any lien
upon any Of his property; or has, within
four months next prior TO the filing OF the
petition against him obtained credit by
knowingly In writing making a false
statement or representation involving his
financial condition, property. or ability to
pay; or, being "A trader, has failed to
make payment OF any Of his commercial
paper for the period Of thirty days after
maturity thereof
Sec II. Whenever a petition In insol-
vency shall be filed against any person,
citation shall be issued, directed to him
under the seal Of the court, which shall
run throughout the state, citing him to
appear, at "A time and place therein
named. not less than seven days, exclu-
sive Of Sundays and legal holidays, from
the date thereof, TO show cause, II any he
has, why he should not be adjudged an
insolvent Service OF such citation may
be made upon the person against whom
such petition has been filed, by any officer
authorized to serve civil process, either
by reading the same to him In his pres
ence and hearing or by leaving a true
and attested copy thereof in his hands
and possession, or by leaving a true and
attcsted copy thereof at his last and usual
place OF abode within this state. Notice
10 creditors ana OlnerS Dy III
some newspaper published in the county
where the insolvents or some one Of them
resides, and I'm such other manner as the
court by general or special order shall
direct, of the pendency of such petition,
shall be given by the clerk as soon as may
be after the filing thereof. Such notice
shall contain a statement that the re-
spondent named therein has been cited
TO appear. and that the payment OF any
debt and transfer OF any property by
such respondent pending such petition, is
forbidden by law; and that at the time
and place designated in such notice, the
hearing on such petition Will be had. III
the facts stated in such petition are estab-
lished on final hearing said debtor shall
be Judged an nsolvent, and the court
shall thereupon fix the time and place for
the first meeting OF creditors as herenaft-
er provided unless 1t shall have sent the
matter to a register. I'm which case the
register shall fix the time and place OF
such meeting. subject to the provisions OF
section thirty-two of this chapter. If the
facts stated in such petition are not so
established before the court, or before
jury where jury trial is had, a right OF ac-
tion shall thereupon arise, for damages
suffered by reason of such petition, in ia
vor OF such person claimed to be insol-
vent, as against such petitioner or petit
TONERS. Jointly or soverally; which action
shall only be maintained on proof that
without just cause.
Sec Is. A person against Whom an in
voluntary petition has been filed shall be
entitled to have a trial by jury I'm respect
of any act OF insolvency alleged In said
petition TO have been committed, upon
filing a written application therefor on or
before the return day of the citation noti-
flying him OF the tendency OF such petit
tion, unless during the pendency OF such
petition further time be granted him by
the court for cause shown. If such appli-
cation is not filed within such time. or
further time granted as above, n trial by
Jury shall be deemed to have been waived.
IL jury Is not in attendance I'm the supe
rior court for said county at the time OF
the filing Of such application, said supe-
rior court may order one to be summoned
for the trial or the case may he postponed
until such jury Is i'm attendance.
Sec 19. The superior court may at any
time after tho filing VI petition in insol-
vcncy by or against any person, and be-
fore he has been discharged Hereunder,
upon affidavit OF any party in interest
that such insolvent Is about to leave the
state, and that his so doing will delay or
impede the proceedings in insolvency, Is
sue warrant to the sheriff or his depu-
ties under the seal OF the court. which
shall run throughout the state, directing
him to arrest and bring such person forth
with before the court; and IL upon hearing
the evidence on hOln sizes ObOufFu IL StlHU
appear i'm tho opinion of the court that the
allegations I'm the affidavit are true and
that Il is necessary or proper SO to DO. II
shall either order such sheriff To keep
such person i'm his custody, or shall order
him committed to the Jail within and FOR
the county until he shall give bail or re-
cognizancc. I'm n sum that shall satisfy
the court with satisfactory suretles. con
ditioncd upon his appearance from time
10 time. as required before the court or
register and for his obedience to all lawful
orders I'm such proceedings.
Sec. 20. The court may, after the com
mencement OF proceedings by or against
any debtor. and before adjudication IN
Insolvency thereon, restrain the debtor
and all other persons from making any
transfer or disposition or interference OF
or with any part OF the debtors assets,
chbses I'm action. rights. credits. or estate
of any kind or description. and upon prop
or cause being shown may. I'm order 10
protect the rights Of all parties. appoint,
with power Of removal and substitution,
any suitable person or persons as custo-
dian or custodians. and In case OF such
appointment shall by warrant direct him
or them To seize and hold such assets.
chooses I'm action. rights. credits. and es-
tate OF the debtor except such other than
bills Of exchange or negotiable promisSory
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