Page:United States Statutes at Large Volume 30.djvu/588

 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 541. 1898. 549 Sec. 8. DEATH on Insuurx or BANxnUrrs.—a The death or insan- baDg_{1¤¤ <>;i¤=¤¤ip~a•>r ity of a bankrupt shall not abate the proceedings, but the same shall be prg¤es£;7§}°"°° t° conducted and concluded in the same manner, so far as possible, as ‘ though he had not died or become insane: 1’ro·vided, That in case of Promodeath the widow and children shall be entitled to all rights of dower and D¢>w¤r- allowance lixed by the laws of the State of the bankrupt’s residence. Sec. 9. Pnorncrron Ann Dnrmrrron on BANx1zUrrs.-a A bank- wfgfgjigngggpgg rupt shall be exempt from arrest upon civil process except in the fol- —-exemptions fromar; lowing cases: (1) Whein issued from a court of bankruptcy for contempt '°"‘ or disobedience of its lawful orders; (2) when issued from a State court ` having jurisdiction, and served within such State, upon a debt or claim from which his discharge in bankruptcy would not be a release, and in such case he shall be exempt from such arrest when in attendance upon a conlrrt of bankruptcy or engaged in the performance of a duty imposed by t is Act. bThe judge may, at any time after the filing of a petition by or —¤1¤¢•¤¢i<>¤· against a person, and betbre the expiration of one month after the qualification of the trustee, upon satisfactory proof by the aiii davits of at least two persons that such bankrupt is about to leave the district in which he resides or has his principal place of business to avoid examination, and that his departure will defeat the proceedings in bankruptcy. issue a warrant to the marshal, directing him to bring such bankrupt forthwith before the court for examination. If upon hearing the evidence of the parties it shall appear to the court or a judge thereof that the allegations are true and that it is necessary, he shall order such marshal to keep such bankrupt in custody not exceeding ten days, but not imprison him, until he shall be examined and released or give bail conditioned for his appearance for examination, from time to time, not exceeding in all ten days, as required by the court, and for his obedience to all lawful orders made in reference thereto. Sec. 10. EXTBADITION or BANKBUTTS.—a Whenever a warrant for nmainansmukthe apprehension of a bankrupt shall have been issued, and he shall '“*"“· have been found within the jurisdiction of a court other than the one issuing the warrant, he may be extradited in the same manner in which persons under indictment are now extradited from one district within which a district court has jurisdiction to another. Sec. 11. Surrs nr Arm Acunsr Banrmurrs.-a A suit which is b Sfw by •¤·¤ =·r¤¤¤·¤ founded upon a claim from which a discharge would be a release, and $`¤:ii)i°iig suits which is pending against a person at the time of the filing of a petition ·*¤¥·*l···*¤· against him, shall be stayed until after an adjudication or the dismissal of the petition; if such person is adjudged a bankrupt, such action may be further stayed until twelve months after the date of such ad_judica— tion, or, if within that time such person applies for a discharge, then until the question of such discharge is determined. b The court may order the trustee to enter his appearance and defend °,Tr¤¤¤¤¤·¤rr¤¤¤¤¤• any pending suit against the bankrupt. ' c A trustee may, with the approval of the court, be permitted to —p¤>¤~¤¤ti·>¤ of suit prosecute as trustee any suit commenced by the bankrupt prior to the bi" gd j udication, with like torce and effect as though it had been commenced y him. d Suits shall not be brought by or against a trustee of a bankrupt —1i¤·i*¤f¤¤¤- estate subsequent to two years after the estate has been closed. Sec. 12. COMPOsI'1‘IONs, WHEN OOINFIBLHDD.-—-3 A bankrupt may offer C¤¤¤v<>¤i¢i¤¤¤- terms of composition to his creditors after, but not before, he has been -rsm·¤ when terms examined in open court or at a meeting of his creditors and tiled in “"’ "°°”'°'°“‘ court the schedule of his property and list of his creditors, required to be tiled by hankrupts. b Anupplication for the connrmation of a composition may be filed }—*¤¤¤B ·»r¤¤‘·¤¤¤ in the court of bankruptcy after, but not before, it has been accepted i,°ZrniI-Li. "”°n°° my in writing by a majority in number of all creditors whose claims have been allowed, which number must represent a majority in amount of such claims, and the consideration to be paid by the bankrupt to his