Page:United States Statutes at Large Volume 14.djvu/567

 THIRTY-NINTH CONGRESS. Sess. II. Ch. 176. 1867. 537 the mean time, from making any transfer or disposition of any part of the thejnlzzttlggggz debt0r’s property not excepted by this act from the operation thereof and ,mj°i¤,d; from any interference therewith ; and if it shall appear that there is probable cause For believing that the debtofis about to leave the district, or to remove or conceal his goods and chattels or his evidence of property, or may be demake any fraudulent conveyance or disposition thereofQ the court may is- **;Tl<> by mu`- sue a warrant to the marshal of the district, commanding him to arrest the S ' alleged [bankrupt] and him safely keep, unless he shall give bail to the sntislhction of the court for his appearance from time to time, as required by the court, until the decision of the court upon the petition or the further order of the court, and forthwith to take possession provisionally of all the property and effects of the debtor, and safely keep the same until the further order of the court. A copy of the petition and of such order d S¤¤'Vi<>f? ¤P9¤ to show cause shall be served on such debtor by delivering the same to u;l;t;;gO$:;;`m him personally, or leaving the same at his last or usual place of abode; show cause. or, if such debtor cannot be found, or his place of residence ascertained, service shall be made by publication in such manner as the judge may direct. No further proceedings, unless the debtor appear nnd consent Further prothereto, shall be had until proof shall have been given, to the satisfaction °°°d"’g“‘ of the court, of such service or publication ; and if such proof he not given on the return day of such order, the proceedings shall be adjourned and an order made that the notice be forthwith so served or published. Srcc. 41. And be it further enacted, That on such return day or ad- Nl°8¤*i°::°f jourmnd clay, if the notice has been duly served or published, or shall be gggtéfgrg, waived by the appearance and consent of the debtor, the court shall pro- heard. ceed summarily to hear the allegations of the petitioner and debtor, and may adjourn the proceedings from time to time, on good cause shown, and shall, if the debtor on the same day so demand in writing, order a trial by jury nt the first term df the court at which a jury shall be in attendance, to ascer— min the f31ct0f such alleged bankruptcy ; and if upon such hearing or trial, Proeegdinfgto the debtor proves to the satisfaction of the court or of the jury, as the case g:b‘l:;_‘“‘:;$° ‘f may be, that the fhcts set forth in the petition are not true, or that the &e. P Bl debtor has paid and satisfied all liens upon his property, in case the existence ol' such liens were the sole ground of the proceeding, the proceedings shall be dismissed and the respondent shall recover costs. Sec. 42. And be it further enacted, That if the facts set forth in the psbgopwbg petition are found to be true, or if default be made by the debtor to ap- d°°l¤§°d ¤·b¤¤k- pear pursuant to the order, upon due proof of service thereof being made, mph lf’ &°' the court shall adjudge the debtor to be a bankrupt, and, as such, subject to the provisions of this uct, and shall forthwith issue a warrant to take possession of the estate of the debtor. The warrant shall be directed, and Www; to the property of the debtor shall be taken thereon, and shall be assigned issue. and distributed in the same manner and with similar proceedings to those hereinbetbre provided for the taking possession, assignment, and distribution of the property of the debtor upon his own petition. The order of 9*¢l¢¥ *0 F6- adjudication of bankruptcy shall require the bankrupt forthwith, or with- q"'" WML in such number of days, not exceeding five after the date of the order or notice thereof, as shall by the order be prescribed, to make and deliver, or transmit by mail, post-paid, to the messenger, a schedule of the creditors and an inventory of his estate in the form and verified in the manner _ _ required of a petitioning debtor by section thirteen. If the debtor has de€;'§s;;‘§‘?5;§ failed to appear in person, or by attorney, a certified copy of the adjudica-· go appear, tion shall be forthwith served on him by delivery or publication in the manner hereinbefore provided for the service of the order to show cause; and if the bankrupt is absent or cannot be found, such schedule and in· Vcntory shall be prepared by the messenger and the assignee from the If HI in best information they can obtain. If the petitioning creditor shall not ap- cmdiggrhfog ngt pear and proceed on the return day, or adjourned day, the court may, appear. upon the petition of any other creditor, to the required amount, proceed