Page:Federal Reporter, 1st Series, Volume 6.djvu/178

 166 IfEDEEAL REPORTER. �andisnot the averment of Albert Netter, and is made by way of recital only ; that the forms of the oaths to the schedules are such as to say that the schedules set forth only the as- sets and liabilitiea of Albert Netter; that there is no oath that any assets or liabilities of Gabriel Netter are given; that Albert Netter swears that the schedules are statements, the one of his debts and the other of his estate, and then signa as agent for Gabriel Netter ; and that theref ore the district court obtained no jurisdiction over the person or property of Gabriel Netter, and no power to adjudicate him a bankrupt, or to transfer his property to the plaintiff. In support of these objections, it is urged that section 5017 of the Eevised Statutes provides that the schedule of debts, and the inven- tory of the estate, must be verified by the oath of the peti- tioner ; that section 5014, in requiring a debtor to applyby peti- tion, requires that he shall sign the petition, or in person verify the schedule and inventory, so as to make it appear that he sanctions and authorizea the proceeding ; that when the stat- ute intends that a matter in bankruptcy shall be conducted by an agent, it is so prescribed; that section 12 of the Act of June 22, 1874, (18 U. S. St. at Large, 180,) provides for the signing and verifying of a petition in involuntary bankruptcy by an agent of a crediter, if the crediter does net reside in the district in which the petition ia to be filed ; that section 5078 provides for the verifying of a proof of debt by an agent under specified circumstances and in a specified form; that section 6122 provides for the voluntary petition of a corporation by an officer of it, duly authorized as an agent to do so in a specified way ; that these provisions, in the absence of a provision for a voluntary petition by an individ- ual, to be signed or sworn to by an agent, show an intention that such a proceeding should not be lawf ul ; that, at least, express authprity for the signing or verification by the agent should be shown; that in partnership cases, in bankruptcy, where one partner refused to join in a petition made by the other partner, he is brought in by notice, through an order to show cause aerved upon him, and no jurisdiction over him or his estate can otherwise be acquired; that Albert Netter'?. ��� �