Page:United States Statutes at Large Volume 44 Part 1.djvu/1929

 1915  TITLE 11.--13 lit., _ » TITLE 11.-Bl Chapter 1.;.-—DEFINl'l`IONS. .’Sectiee 1. Meaning of words and phreses.—-The words end phms<·s_.11sed `in this title and in proceedings pursuant.-hereto well, unless the same be ixicousisteut with the context, be {ee;;$true·ted as follows: (1) "A pevscnugelust whom a petition hhs,-been §led" shall include u person who has Hled a volunmrjr petition; (2) "adjudication<" shall méaiytlne date of the .e;;$;¥y·.<»t' e debreethat the defendant, in e bankruptcy proceedmg:. is n bankrupt, or if such decree is appealed from, then the new `whon such decree is ilxially confirmed; _(3) " appellate mu:·ts" shell inélude the circuit c0ur& of appeals of the I":eiLt•·d States, the Court of Appeals of the Distriqt of Columbia, tho supreme courts of the Territories, and the Supreme yum-; of the United. States; (4) "bankru;5t" shall 1i,nclude·a ln sv: ll crimpositioai aside or to jreroke a discharge ha§'beeu mod, or who has Eleda voluntary petition, or who has been eemzrbot-ba11kn;pt{·y; (6) "<·0rp0rati<ms " sl1all..n1can fall bodies hzwiug any of the peweré axxdprivileges of private corporationseee: possessed by individuals ee partnerships and- shall include [ limited or other partnership associations organized under, laws maki:¥g_ the capital subscribed alone responsible, for the debts hid the association, joint stock companies, unincorpbrated eomy »a;·e,_or  wherein heneilcial interest   ownership is evidomod by certificate or other written instrument ; "(7) ‘¥ eourt."- shell mean the court- otlbanlgruptcyln which the proceedings are pending, and may include the referee; (8) -" courts of huukrixptcy " shall include the district°c0m·tsi of ·the United States and of the Territories and possessions to which this Act is or may hcrmfte: be applicable- the Supreme Court of the District of Columbia, and the United States Court of Alaska; (9) “c;·editor"’ shall include anyone who owns :1 de1i1,Md·0:•_e§aim pmveble in benkrupteyp and `may include his amy fautherized agent, ettorney, or proxy: (10) "d¤t¤ of xmukmptcyy or ·* dw ot mnkrupt<·y._" or ··ee·>mme¤¤em¤¤¢.¤¢ proceedim,” For f‘ bazxkriipteyf with reference to time, shall {mean tw datewhen the petition was Kled ;‘ (11,.) ‘€d&b=t’? shall iublude myd debt, demand, or claim provable in bankrnptéy; ._ (12) *‘ dis¢herge_" @$1 mean the release of a bankrupt from aH· ot his debts which are movable ·i¤_benkrnptcy, except suglf as are excepted .' by this title `; · ·( 13) " document " shall ‘ include any book, deed, or instrument ie writing; '(I4) "‘ holli day "· ehall include Christmas, they Fourth ot July, the twentyQ_ {This title of thenpepeedix- contains Act of May 27, l926, c. 406, 44 4 Stat. $62, entitled “An Aetw to {mend an Act ¤¤_tlt1ed·a.n Agtto establish e uniform system ot bnnkmptcy throughont the United States,
 * e>m»nn against whom an involunthry petition or an application
 * el3e;ul;.*¤ul‘a bankrupt; (5) "clerk" shall menu the clerkof `a
 * mios·and associations, andjauy husiness·'%dt1cted by it trusq
 * pI?eg.Jnly 1, 1898, and ’Acts amendntory thereof and snpplementnry

e e. . ( - . - _ · .. ‘ · '1‘his__ Act efjday 27, 1926, hee twenty sections, the laetloizr of which reedn fellows: 1_ “A . ·,_ j. “ Sec. 17. Nothing herein contained shell have the elfect to release i- or extiegnlsh any penalty, tortdthre, or llahlltty incurred under ·any” Act or Acts ot which this Act&;nmzdstory.. _ ‘ ‘ l f‘ Esc. *18. The amvlelens of ; emendntery Act shallsovern-proceed-,. legs, so tar su pnétlcshle nndhwltenbleg le hnnkrnpthy cases, pending Qwhen it tiles   ; hut as to preceeding in cenet pending when this _Act Aekes elect, gto which e the provisions of this amendatory Act are not applicable, meh preceeding: shall be disposed of eonienmhly to the prevtaiem of nid Act npgreved July 1, 1898,"I¤d the Acts amendetory mw! and mpplmntary tmreto. · "Sh¢. 19. All· Acta er puts ht Actr Inconsistent with any} provlslohs ot this het are herehy repealed. ‘ ‘ “S¤c.· 20. This Act nhall take /e¤ect‘•nd be. in force on"”ahd alter three months from the- date ot its approval!

43 ANKRUPTCY * _ seccmd of February, and any day appointed by the Presitlmt of-the United States or the Congress of the Unitéd States aéi a holiilay or as 11 day of public fztstihg or thanksgiving; (15) a person shall be deemed insolvent within the provisions of this titlgwhenever the aggregate of hist property, exclusive of jgmy _pr0perty,which he may haxjc conveyed, transferred} concezxle-tl, ·.01·· removed, or bermitted to be c0n;;ealed’ or remwsed, with intent to dcfraud,_hiude1·, br de·lz1§ his creditors. shall not; at a fair valuation; be sui‘Iipicnt in amount to pay his debts; (16) "‘jud§e" shall mean a judge of :1_`cm;rt of b~a11krup»tv5*, not including the referee; (17) “O21{]1T’ ghali include affirma- ,ti0xg;' (18) “0iH€€l°·”_ ghail inglitde clerk, marshal, ;·e·ceivez·, referee, uvud trustee, and the? imposing of awtluty upon or the f9;·biddi11g’0t? an act by any officer shail imrlude his snnccessor and- any pergon Authorized by law to perform the duties Qi such officer; (19) " pers0us" shall include corporations, except gwhere otherwise specifiiod, O.I1d_Om(‘€l‘S, partnerships, amt women, and `wh@11_ used with reference ·t<> the commission of acts which are herein forbidden; shall include pefsons who `arc participants. in the forbidden acts, and the agentyomcvevs, l and mémbcrs oftthe board of di—rec.t0rs of trustees, or other similar c0ntr01ling bodies of porporutionsz ~(20)` ;"p¢titi·>n" ghall 'méanf a paper tiled inla é0m·f of bankruptcy ur` with za élérk`- or- deputy clerk by a debtor pmyixtg for the b+;·m~·&ts¤ of this title, ·0r bycreditpré, alleging the commission of an art 0f.bzmkruptcy by a debtor therein 'ngxmed; (21) "rcfe>rc>e’? shall mean the rcfcreé who has jm·isglicfi0u' of the case Us to xwhom the case has»'béen_ referred, or anyone acting in his stead; (22) · ",c9nceal_’Z··_ shall .inclmle secrete. falsify. and _q11tti-late; (23) "secured (‘l;Q(}i{O1‘" shall include it creditor who has S€(!ll1'ity.fol' his debt upon the property of the bank- such a debt for which Some indérsei, surety, or (other persons seécndariiy liable fdr the bankrupt has such security upon the bankrupt? assets-; (24) States` shgll include the _Terri·_ torics and possessions to which this Act is, or may hereaftef be, applicable, Alaska, and the District of _ Columbia; (25)` " transfer " shall include thersalp Rand every other xinddtmvréut modé of disposing of or partinig with property, or the posses ‘ » sion of property, abst>h;£21y’ or cogiditicnatly, as (payment, pledge,. mortgage, gift, or‘ security; (26) "‘ t:uStce" shall imglude. all of the trustees Qt an estate; (27) "‘wage earner " shall méau an jndividtial · who works fb; wages, sa1m·y,` or · hire, at a rate cptc~0n{pex1sat·i0n not exceeding $1;500 per year; (28) words impprtingt the masculine gender may be applied tq · andinclude corporationargpartnerships, and women; (wfwords _ importing the plural mxéibér may be applieq to and mean only it single person or thing'; (30) words impofting the . singular ·t;umbe1·`may be applied tq and mean 'é€Y€1'8I'Q£’PSO¤S of *things_.'. (Jt1ly_ 1, 1898, c. 541, {1, 30 Stat. 544; Apr. 12,Y 1900, c. 191, § 34a 31 Stat. 85; Mm'. ;3,i 19%, c. 2%, {1, 35 Stat. 838; May 27, 1926,*0. 406;  1, 44 Stat. 6®.) . ·‘ _ I OSectli'¤ 1 ez! 'l'ttI•’.11 nmm;\¢d.—-—§¢·ctio¤ 1 of\Act of July 1, 1898, O - e. M1. 30 zgttat. 544, and Acts amemiatory themat and supple. O meg¤tary-theret0, ccnstjtutinz §· 1 ct title 11 of the Coqe,. mm been amended by Act otgxsy 2T,_ 1926,1:. 406, { 1, 44 Stat. 662. The 'amendmélnt relates to wpd. (6), (8), and (QQ, and tltc changes ' are incorporated in the text. _ . _ H “ Chabtér ,2}-q-·CREATION· OF COURTS OF BANKRUPTCY AND {THEIR JURISOICTION. N lll Courts; jmisdicticn and powers.-Q-That the courts of “bankruptcy as hereiuhefqre de§;1éd, pamely,. the district courts of the United Statesjn `tkie several _St&fes, the.Suprcme Ct»urt_
 * L\"K1fLII'1l’CZ §11
 * rupt bf a nature to b0·8SSigi18bl€-lllldéf this title, ot wh0_ qwns