Year: 1864

court.


INVOLUNTARY BAxKkuPrcY.


SEC ID Ard b. further snacfed That any person re-
suing aud owing debts aforesaid who the pas
sage oi this acl depart the state district or
ierftoy VI which ne iDhabtapt with intent 10 de-
lraud bis creditars beng absent sna, IT'D sucn IN.
lent remain absent or sn III conceal himsei 20 AVOID
tne service or legal process any action for the reeovery
ol debt or demand provable under tns act; or shall
conceal or remove any his property 10 avoid ts being
attached taken or seluesered legal process or shall
make any ssssnmen1, gut, sac, conveyance, or
transfer OF his estate, property, rights or credits,
intent to delay, deraud, or hinder his credit.
ors; or who has beea arrested, or his property
sezed attached, levied taken under by virtue
OF mesne process attachment execution ssued out OF
any court Of any State, district or Territory, within
which snch debtor resides has property founded upon
demand its nature provabe against bankrupt's
tate unaer TINS and or exceeding one hundred
doars and such process Is remalnng In force and not
by payment or 10 any otner manner provided
oy the law VI such state, district or territory applicable
thereto Tor period OF seven days. or has been actually
imprisoned for than days IN civil action,
founded contract for the OF hundred dollars
upwards who, being bankrupt or insovent or In
temptation Of bankruptcy or insolvency. shall make any
psy %ens Or s grant. .e or transfer o.
give any warrant to confess Judgment procure sui
fer his property TO be taken legal process with Lent
to give prearence 20 one or more Of his creditors 10
any pc son or persons who are or may be ape for bin
as iudorsers bail, surites other wise, with the in
tent by such disposition Of his property TO defeat de-
lay the operation Of this act or who, being
chant trader, has stopped or suspended and
Within SSs resumed r.pd ymen o0ras, ns pape,
deemed to have committed act OF bankruptcy
and subject TO the conditions hereinafter prcsc
shall be adJudged bankrupt on tho petition OF one
more OF his creditors, the aggregate OF whose debts
provable under this act least Dundred
anu III dollars provided such petition brought within
six months after The OF bankruptcy shall
committed; aud provided, ALSO that the petong creii.
s1a OF eo o1ua %n 10
for the payment to the debor in shall appear
that there was valid ground or the application OF all
damages which he shall snler by thereof. And
II such person shall be adjudged q bankrupt,
the assignee may recover back the money or
other property SO paid, conveyed, sold, assigned
person receiving such payment or conveyance mad
sonabe cause 70 believe that fraud on this act was
intended, or that tue debtor insolvent and such
creditor shall not be allowed to prove his debt IN BANK
ruptcy.


1ng O! the petition authorized by the next preceding
section, II shall appear tnat suicient grounds
requiring the debtor to appear and show cause at
court Of bankruptcy 10 be holden At time 70 be
specified In the order, not less than five days from
the service thereof, why the prayer OF the petition
should not be granted; and may also, by It's njunc.
ton, restrain the DEBTOR and any other person.
meantime, from making any transfer or disposition OF
act from the operation thereof and from any
therewith and 1t shall appear there is probable
for believing that tho debtor Is about tho
district or to remove or conceal his goods and chattes
or his evidence Of property, or make any fraudulent





to the marshal OF the district and his deputies
commanding them arrest the alleged bankrupt and
him safely keep pnt tue decision OF the court upon tho
petition or the further the court and forth
with 10 take possession Professionally OF all the
property ana effects tho debtor aud safely keep the
until the further order or the court. copy OF
the petition and Of such order TO show cause shall be
served such debtor by delivering the same 70 hIm
personally or leaving the same at his last or usual place
OF abode. with person Of suitable age, such
debtor be found his place OF residence
tained service shall made by publication, In such
Judge direct. No further prOCeddinps
unless the debtor appear and consent thereto, shall
had until proof shall have been given 10 the satisfaction
o the court, OF suoh service or publication and such
proof be not given on The return day Of such
order the proceedings shall be adjourned and order
made that the notice be forthwith served published


ECO 40 And be It further enacted, That such
day adjourned day The notice has been duly served
~ OF sn oo S Msceu py ,ns ana
mary to boar the allegations OF the petitioner and
debtor, and may adjourn the proceedings from time
time, on good cause shown, and SHALL u the debtor
the day demand In writing order trial by jury
forth with ascertain fact OF such alleged baok
TO the Of the court or Of as the
may be, that the facts forth the petition are
not true Or ha, the dso.o, has paid and satisfied al liens
the ground OF me proceedngs the proceeding shall


SIC 46 and Bet further enaced That II the facts set
forth the petition arc ound 10 be true default be
made by debtor appear 70 the order upon
adjudge debtor to be bankrupt, and such subject
70 tho provisions OF this act shall forthwith issue
pOdSocBlOu
warrant shall be directed property debtor
be taken thereon, and shall be assigned and disri
buted In the came manner, and with similar proceedings
20 those provided the taking possession
assignment, and distribution OF the property OF the
debtor upon his own petition Inc oroer OF
within number OF days. not exceeding five after the
OF the order notice thereof shall by the order
DO prescribed, TO make and deliver or transmit by mail,
post paid the messenger schedule Of the creditors
inventory OF his estate In the form and verified In
the manner required or pettonipg debtor by section
failed Il
by attorney certified copy OF the adjudication shall DO
forthwith served on him BY delivery or publication IN
the manner hcreinbefore provided for the the
order show cause; and n the bankrupt Is absent
be found such schedule and inventory shall be
prepared by messenger and the assignee from the
best Information they can obtain. II the petiiionng
creditor shall appear and proceed on the return day.
or nojoufned day. the court may upon inc petition ot
adjudicate such petition, without requiring new
service or publication Of notice 10 the debtor.


SEC A. And BE- further endc.ed, That when the peti.
t,oning creditor creditors reside than hy miles
Judge of the district court any register 10 bank
rutcy shall have power and jurisdiction by order under
at court OF bankruptcy, TO restrain and enoin the
debtor the time from making any transfer or
disposition Of his property and IT, authorize the marshal
or his deputy take possession OF sa'd property,
necessary as by this act upon the judges
district court. In oil cases Of application 10
court or register orders each petcnng creditor
s.s addition the facts herein required 10 be shown
10 and by his petillon show 10 the satisfaction OF the
court or that he resides than hfty miles
from Judge the district court for the district within
which tho debtor resides last resided, aud that
procc edpRs 10 bankruptcy under this act have been
commenced against such debtor, to the best OF his
knowledge Information and belief Such order shall be


made upon the petition OF the creditor, addressed 70 the
unge OF the district court and sha be made reurnabe
at OF bankruptcy, 10 like manner s5 granted by


district judge and security shalt be given by the petit
tioning creditor like manner as II the application were
made 70 district judge and tbe bond, II approved as 70
form amount and sureties, by the court OF register,
shall DO forthwith transmitted by him 10 the clerk VI pe
court together with the petition ard minute Of the order
granted and thereafter all proceedings in bankruptcy
under sail petition, and all questions arising upon the
order granted touching any act or thing done by
the register granting the same shall be had and
taken and passed upon by the court OF bankruptcy,
which sha have power TO make any order In the pro
cecdugs alter their commencement, At any stage which
could have been made by the court Of bankruptcy, had
they been originally commenced In such court. And II
any pettionng creditor tails 10 proceed in application
commenced before register by appearing the
day specified in the order made BY such judge tho court
Of bankruptcy may dismiss the proceedings.


suPKRsEpIK0 TEE BANKRrfr PROCEEDINGS BY ARRANGE.


MrNr.


ssc. ls. And be further enacted, That at the FIRST
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