Page:United States Statutes at Large Volume 18 Part 1.djvu/1042

 970 Turn 1.xr.—BANKRUP'1‘CY.—Ch. 3-4. M5-»I¤¤·C<>-,2Be¤-. service or ublication; and if such lproof is notggiven on the return dey §,92é·°3gbfF§6f§é· of such ordier, the proceedings shal be adjourn and an order made that 5 ];,,,,k_ pég_,97_ ’ the notice be forthwith so served or published. Proceedings on Sec. 5026. On such return day or adjourned day, if the notice has been ’j“[“ duly served or published, or is waived by the appearance and consent 27 Mar., 1867,c. of the debtor, the court shall proceed summaril to hear the allegations l76.¤*-41.42.v-14. of the petitioner- and debtor, and ma * adjourn the proceedin s from time Pg;?}, to time, on crood cause shown, and shall, if the debtor on the same dnv . me, 1874, c. *2. . _. . . _ · 39m_1,, ,._1,,,,,_l82_ so demands, ID writing; order a tual by jury at the hist term of the court -——--—— at which a jury shall e in attendance, to ascertain the fact of the alle d I“”““f“°°  "· bankru tcv. If the etitionin creditor does not aa carand roceeefgn o¤»nsm(k.16vs en. l’ ~ P 9 lp .P 258, 1,, ,.e Pupke: the return day, or adjourned day, the court may upon the petition of anv 1 Ben., 342; In re other creditor, to the requ1red amount, proceed to adjudicate on such l‘Ve¥b¤¤Se¤ et al-, etition, without requiring a new service or publication of notice to the },IE°“··$9Q ,·£;n"" debtor. 478j,il:,cre Ulrich és al., 3 Ben., 355; Hill v. Thompson, 94 I'. S., 322; Le re Lacy, Downs & Oo., 12 Blatch., 322; In re Findlay, 5 Bis., 480. COM M ¤‘i¤l- Sec. 5027. If upon such hearing or trial the debtor proves to the sat- "g Mn, 18677 (._ isfaction of the court or of the jury, as the case may be, that the facts 176, s. 41, v. 14,p. set forth in the petition are not true, or that the debtor has paid and 537- satisfied all liens upon his property, in case the existence of such liens was the sole ground of the proceeding, the proceedings shall be dismissed and the respondent shall recover costs. Warrant. Sec. 5028. If upon the hearing or trial the facts set forth in the peti· tion are found to be true, or if upon default made by the debtor to appear 176, Q_ 42, -,-_ 14, p_ pursuant to the order, due p)roof of service thereof is made, the court 537. shall adjudge the debtor to e a bankrupt. and shall forthwith issue n ?%—" warrant to take possession of his estate. ill e . Thompson, 94 I'. S., 322; Hamlin r. Pettibone, 6 Biss., 167. . Di¤trib¤ti0¤ Of Sec. 5029. The warrant shall be directed, and the propertv of the P'°l’°"*Y°fd°bt°'· debtor shall be taken thereon, and shall be assigned and distributed in 2 Man, 1957, C, the same manner and with similar proceedings to those |}5c»·e/ubofore] 176, s. 42, v. 14, p. [hereinafter] provided for the taking possession, assignment. and distri- 53g, Ju,"' 18,,, C. bution of the property of the debtor upon his own petition. 390, n. 19, r. 18, p. 184. 18 Idxh., 1875, c. 80, r. 18, p. 320. Scheduleeudin- Sec. 5030. The order of adjudication of bankruptcy shall re uire the YE‘L“’IY;-- bankrupt forthwith, or within such number of davs not exceeiding five 2 Blur-. 1867. ¢· after the date of the order or notice thereof, as shall by the order be pregf, *‘· *2· "· 14~ p· scribed, to make and deliver, or transmit by mail, post-paid, to the mesgg _;,,,,,, 1874, c_ senger, a schedule of the creditors and an inventory of his estate in the 390,1:.15, »·.18,p.182. form and verified in the manner re uired of a petitioning debtor. Pmeeediugswhen Sec. 5031. If the debtor has faileiii to appear in person, or by attorney, debtor is rbeent- a certified copy of the adjudication shall be forthwith served on him by j`}[§,,T 186-;, c_ delivery or publication in the man ner provided for the service of the order 176, e. -12, v. 14, p. to show cause; and if the bankrupt is absent or cannot be found, such 537- schedule and inventory shall be prepared by the messenger and the assignee from the best information they can obtain. CHAPTER FOUR. PEOCEEDINGS T0 REALIZE THE ESTATE FOB. CREDITOBS. 5032. Contents of notice to creditors. , 5039. Removal of assignee. 5033. Marshal’s return. 5040. Effect of resignation or removal. 5034. Choice of assignee. 5041. Filling vacancies. 5035. Who are disqualified. 5042. Vesting estate in remaining assignee. 5036. Bond of assignee. 5043. Former assignee to execute instru- 5037. Amignee liable for contempt. 1 ments. 5038. Resignation of the trust. 5044. Assignment.