Page:United States Statutes at Large Volume 14.djvu/566

 536 THIRTY-—NINTH CONGRESS. Sisss. II. Ch. 176. 1867. Copies. Copies of such records, duly certined under the seal of the court, shall in Evidenuhvw all cases be prima facie evidence of the facts therein stated. Evidence M7 l" i"k°“‘ or examination in any of the proceedings under this act may be taken before the_court, or a register in bankruptcy, viva voce or in writing, before a commissioner of the circuit court, or by aiiidavit, or on commission, and the court may direct a reference to a register in bankruptcy, or other suitable person, to take and certify such examination, and may compel the atwnmsm. tendance of witnesses, the production of books and papers, and the giving B°°k¤· of testimony in the same manner as in suits in equity in the circuit court. INVOLUNTARY BANKRUPTCY. Involuntary Sec. 39. And be it further enacted, That any person residing and owing b“Q,}‘;;§°°g·b6 debts as aforesaid, who, after the passage of this act, shall depart from the ,3%,,,,,; Mg of State, district, or Territory of which he is aminhabitant, with intent to b¤¤kr¤pt<=y· defraud his creditors, or, being absent, shall, with such intent, remain absent; or shall conceal himself to avoid the service of legal process in any action for the recovery of a debt or demand provable under this act; or shall conceal or remove any of his property to avoid its being attached, taken, or sequestered on legal process ; or shall make any assignment, gift, Sale, conyeygpce, gr gansfer of pis epltate, property, rightsé dr creélifts, cipher wit in the United States or e sew ere, wit intent to eay, e ran, or hinder his creditors; or who has been arrested and held in custody under or by virtue of mesne process or execution, issued out of any court of any State, district, or Territory, within which sucl1 debtor resides or has property founded upon a demand in its nature provable against a bankrupt’s estate under this act and for a sum exceeding one hundred dollars and such process is remaining in force and not discharged by payment, in- in an other manner rovided b the law of such State, district, or Territo Y P 7 *7 applicable thereto, for a period of seven days; or has been actually imprisoned for more than seven days in a civil action, founded on contract, for the sum of one hundred dollars or upwards; or who, being bankrupt or insolvent, or in contemplation of bankruptcy or insolvency, shall make any payment, gift,. grant, sale, conveyance, or transfer of money or other propprty, estate, rights, {pr Eredits, ort ggvebadykwarranp tol confess P 0“°d·,,g,_ men · or procure or su er is proper y o e a eu on eva process wit { I intent to give a preference to one or more of his creditor;, or to any person or persons who are or may be liable for him as indorsers, bail, sureties, or otherwise, or with the intent, by such disposition of his property, to defeat or delay the operation of this act- or who, beinv a banker merchant, or trader, has fraudulently stopped dr suspended dand not reslumed payment of his commercial paper, within a PBT10d of fourteen days, shall be deemed to have committed an act of bankruptcy, and, subject to the condi- Petition. &<>· tions hereinafter prescribed, shall be adjudged a bankrupt, on the petition of ppc or hmore ofth: cpepitopsz the lagggeggte og vgihoseddgbts provalgedundeg is ac amoun a eas wo un re an ty dollars provide suc petition is brought within six months after the act. of bzinkruptcy shall have been committed. And if such person shall be adjudged a bankrupt, the assignee may recover back the money or other property so paid, conveyed, sold, assigkped, or transferred contrapyéo this aclt; provided tpelperson receiving suc payment or conveyance ia reasona e cause to e ieve that a fraud on this act was intended, or that the debtor was insolvent, and such creditor shall not be allowed to prove his debt in bankruptcy. Dgbgzw b¤ Sec. 40. And be itfurt/cer enacted, That upon the tiling of the petition
 * 22,, gud s;};, authorized `by the next preceding section, if it shall appear that sufficient

cause. grounds exist therefor, the court shall direct the entry of an order requiring the debtor to appear and show cause, at a court of bankruptcy to be holden at a time to 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 its injunctions, restrain the debtor, and any other person, in