Page:United States Statutes at Large Volume 30.djvu/590

 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 541. 1898. 55} embezzlement, misappropriation, or defalcation while acting as an officer or in any Bduciary capacity. Cnnrrnn IV. coUB.trs AND 1>RocEDURE THEREIN. 0¤¤¤‘¤¤ Ml d 1>¤>— cedure therein. Sec. 18. Pnoonss, Pnnknmcs, AND ADJUDIOATIONS.—3 Upon the mf,*gg3,cg}§jj,';¤¤¤· Bling of a petition for involuntary bankruptcy, service thereof, with _ smm of petition a writ of subpmna, shall be made upon the person therein named as §‘,’,'§,‘;,{"‘"" '°°“k‘ defendant in the same manner that service of such process is now had upon the commencement of a suit in equity in the courts of the United States, except that it shall be returnable within fifteen days, unless the judge shall for cause Bx a longer time; but in case personal service can not be made, then notice shall be given by publication in the same manner and for the same time as provided by law for notice by publication in suits in equity in courts of the United States. " b The bankrupt, or any creditor, may appear and plead to the petition Pl¤¤di¤z¤ within ten days after the return day, or within such further time as the court may allow. c All pleadings setting up matters of fact shall be veriBed under oath. -g;*jf1j:f;;giglf°f ,s_ dlf the bankrupt, or any of his creditors, shall appear, within the sues. time limited, and controvert the facts alleged in the petition, the judge shall determine, as soon as may be, the issues presented by the pleadings, without the intervention of a jury, except in cases where a jury trial is given by this Act, and makes the adjudication or dismiss the petition. elf on the last day within which pleadings may be Bled none are _ geiinrite vleed. Bled by the bankrupt or any of his creditors, the judge shall on the Ju gm"' next day, if present, or as soon thereafter as practicable, make the adjudication or dismiss the petition, _ f If' the judge is absent from the district, or the division of the district m;g_’jjQj*;0°f8,L';‘g(·§°· in which the petition is pending, on the next day after the last day on which pleadings may be Bled, and none have been Bled by the bank— rupt or any of his creditors, the clerk shall forthwith refer the case to the referee. _ _ gUpon the Bling of a voluntary petition the judge shall hear the ‘°“"“"'¥ *’°"“°“· petition and make the adjudication or dismiss the petition. If the judge is absent from the district, or the division of the district in which the petition is Bled at the time of the Bling, the clerk shall forthwith refer the case to the referee., Sec. 19. JURY TRIALS.—3A person against whom an involuntary ""”’“‘“*“· petition has been Bled shall be entitled to have a trial by jury, in respect to the question of his insolvency, except as herein otherwise provided, and any act of bankruptcy alleged in such petition to have been committed, upon Bling ai written application therefor at or before the tim within which an answer may be Bled. If such application is not Ble within such time, a trial by jury shall be deemed to have been waived. _ b lf a jury is not in attendance upon the court, one may be specially 8,§“"“‘“‘“°° °fJ“"· summoned for the trial, or the case may be postponed, or, if the case is pending in one of the district courts within the jurisdiction of a circuit court of the United States, it may be certiBed for trial to the - circuit court sitting at the same place, or by consent of parties when sitting at any other place in the same district, if such circuit court has or is to have a jury first in attendance. _ _ c The right to submit matters in controversy, or an alleged offense ju‘,§(j,§Q}§ “"“ ‘“ ‘° under this Act, to ajury shall be determined and enjoyed, except as ` provided by this Act, according to the United States laws now in force or such as may be hereafter enacted in relation to trials by jury. Sec. 20. OATHS, Anrrnmktrrous.-a Oaths required by this Act, _{}ff‘$,,,,,,, ,,],,,,,,,5. except upon hearings in court, may be administered by (1) referees; (2) wréd. officers authorized to administer oaths in proceedings before the courts