Page:United States Statutes at Large Volume 44 Part 1.djvu/257

 243 TITLE 1.1.·»————IiA. TITLE 11.--BA P?· mtérr Sec. ( ]_ §byj;—‘;Ni’}`IGNS- .···-- -······~-·--· --—- ---—-— —»- ~——-··— — ~—-·:—-—— ~—~—— —-/· ‘ 1 § 5 ,;;_ ;;_\y;;m*l‘·‘i‘ --. r. ..,  .» ..-;. ...-.. ·-- 21 7 4 im MS up z·»¤oc»:m:um rummm  ·  .; `.-,._ -41 maple-r 1.--DEFINITIONS, _ 1 Scction 1. Meaning of words and phrases.——'I'l1c, words ant} * I·?r:·$zscs used in this title and in proceedings pursuapt hereto ’t rim!. unless the same be inncoxrsisteut with the context, be -' i···hstz·m·¢l as follows: (1) "A' person against whom aa petition "’ gm how: filed " shall include a person who has filcd o·voluntm·y 1 glpmionz (2) " zuljudicaztion "' shnl1`me·:m the date of the entry `I or ;l`¢}l,*L‘1't’(§ that the defendant, iura bankruptcy proceeding, ‘ ix gr hzgukrupi, or if such dccréo isoppealcd from, then"·tl1c ( may \$\ll{‘ll_ such decree is finally C0llfil'll1€Ll_§ (3) "uppellate * m;ms""slasall include the circuit courts of oppeals-ofrthe 1 Yuiicd States, the Court of Appeals of the District of Colum- { bin, the Sll`}_l1’(¥1ll€'C0\1fl,·‘r$ of the- Territories, and the Supreme court of the United States; (4) "bg1nkrupt?’ shall 'iucluple a_ ‘ in set a composition aside or to revoke a discharge has` been E mod, or whwlms tiled a v*o1untary’petitiou, or who has been ‘ r··.m—t of bankruptcy; (6) "corpora'tions ?' shall mean all bodies ‘ havixng any of the powers and privileges of private corporations * not possessed hy individuals or partxicrsllips, and shall include l ,1imitcdI or other partner¤lnip_ associations organized `under l laws lxflklllg tho capital subscribed alone responsible ,f~0r the ‘ ·lcl•ts of the nosociution; (7) " court " shall moan theicourt of ‘ hamkruptcy in which the,proccod·ings are pending, and may I ‘i:4¤·{Iggelo_tlne referee; (8) “courts of bankruptcy " shall lhclude * who district courts of the United Statcs,»the Supreme Court ` df the District of Collumbiza, sind the Uultéd States courts of. * Mzaskcza, Héwall, and Porto Rico; (9] f‘cro11itorf’ shall include ll myozno. who owns ,u dclgnaud on claim movable in bankruptcy, I mul may inélgdo lnisnduly authorized agclit, attorney, or proity; * 110) fdsnto of bmikruptcy," or f‘ time of ba11kruptcy," or" com- { ¤m·m·cmc1it ot procccdiugs," or " bankruptcyff with reference to ‘i t§¤u<·, shall-moan the date when they petition was. Bled; (11) · "»¢l0l>t" shall include any debt, demand, or claim provablc in, hzulkmptcy; (12) "discl1argo"- shall mean the release of a }o:illkvl‘I1]}$ from all of his debts which are provablo in` hunk- _] ruptcy, except such as hre excepted by this title; (13) " docu- * U?i'il{ " shall include any book, deed, or instrument in writing`; ‘ f 14) " holiday ’* shall include Chrisftmas, the Fourth of July; 1 lkc twentyaaecond of February, aixd éuiday éppointod by the _§ lwsixlcnt of the United States or tho Congress of the lUnited_ ·l watch as A holiday or as a dayot public faétingor tlmuksgiw l imx; (15) a person shall be deemed lnsolfent within. the proyi- ’ ~‘omz ot this title whenever otho aggregate of. bls property; I vxvluslrc of any property which be may have conveyed, tr&11§·- l`] 1`crrcd, concealed, or rcmovcd, or permitted to`be concealed or F removed, with lutontvkto defraud, hinder, or delay his creditors, 1 [mail} not, ata fair valuatlmpbc suiilcieut ln amount to pay his l dvlvts; (16) "judgo"’ shall mom.: a -judgc of a court of bank- l ¤‘upti·y, not i11cl‘u¢lihg_the referee; (17) "oath" shall include 1 llliimxzxllimg; (18) " 01111:01* " shall include clerk, milmllal, 1‘€~· _‘.·civcr;é referee, and trustee, and tho imposing of a duty upon l or the forbidding ot xm oct by any uttlcor shall include his l Successor and any person authorized hy law to perform fthe ` `duliea of such officor; ·(19)· "pcrsous;" shall include corpora; i l tions, except where otlucrvvlse spéciliod, and °otHcc=rs,.partuer· 4 c¤>n;mxl>s51on of acts which are herein forbidden shalt include ·
 * _ r·m;.m<»w or covnrs or nwxnurrcr mn ·mmn‘ .rm;mmc·mou-.. .11 ¢
 * »t~i·?·o1ri agoinst_ whom an involuntary petition oruau application ‘
 * ¤dju¢l;.·;cd a bankrupt; (5) "clerk" shall mean the clork of .:1 '
 * 1) rs or »rustees,,or other similar controlling bodies of eurporzntionsz (20) "hetitio11" shall mean a paper tiled in a eourt et bankruptcy or with a- clerk or deputyfelerk by a debtor praying ?0l‘ the benefits of thistitle, or by credit0rsQ alleging the comnissiou ofau act of bankruptcy hy a debtor therein named;. (21) " referee " shall mem: the; referee who has jurisdiction rf tliexttse or·t0 whom the ease has been refeéred, or anyone acting in his stead: (22) "coucea1°’ shall include secrete, falsifyg and mutilate;. (23) "sec$ured credit01·" shall include x creditor who Has security for his- debt upon the property sf_ the bankrupt; of a nature tobe jassigaable under thisiitle, Jr who owns such an debt, for which some iudorser, surety, wr other persons secondarily liable for the bankrupt has such security upon the bankruptsassets; (24) ,"·States"·- shall inzlude Alaska, Hawaii} Porto Rico, and! the District of Columbia ; (25) "transfér" shall 'inelude the sale and every other and iiifereht mode of disposing of or parting with property, or zhe possession of property, absolutely or é0¤diti;ma11y,.as a paj·ment,· pledge, mortgage, gift_;'0r_sect1rlty; (26) ?‘ trustee “ - alia/ll include all of the trustees of aa estate;. (2’{) “wage garner ".sl1all·1ueam an individual who works for wages, salary, Jr hire; at a rate of compensation not exceeding $1,500 per J year; (28) words importing the masculine gender may he wplied to and include corporations, partnerships, and women; (29). words importing the plural number may be agipiied to md mean only a single person or thing; (30) words tmgortiag the singular. number may be applied to. and mean several persons or things. ·(July 1. 1898,13. ${1, § 1, 30 Stat. 514; Apr. 12, 1900,-0. 191, § 34, 31 Stat. 85; Mar. M3. 19%, c. 269; § 1, 35 Stat.'B38.) l l n Chapter 2.-·-CREATION _0F COURTS or BANKRUPTCY ° AND THEQR JURISDICTIQN. ` -, Section il. Courts; jurisdiction 'and p6évers.——··The courts. et bankruptcy as 'dehned in the previous chapter, vis., the diatriet courts of the United States `in the several States, the Supreme Court of the Distrietot Columbia, and the United States.»eom·ts in the District of Alaska,·Hawail, and Porto Rica, are made courts of bankruptey, and are invested; within their° respective territorial limits as established on July 1, 1898, or as they may he thereafter changed, with such jurisdiction at law aad in eqaity as will enable them to exercise original jurisdiction in bankruptcy proceedings, in raeatiou l¤_eha_gul;ers` and during theirx respective terms, as they were an July 1, 1&S,‘ or xriay be thereafter held, to (Tl) adjudge persons bankrupt who have had their priucilinl place of business, residedhor had thirtloazicislelwithisn their respective territorial jurisdictions for thé preceding six t rzhouths, or the greater portion thereof, or who do not have their principal plaeeot business, reside, or have their domicile witle In the United States, but have property within their-'jurisdie a tions, or who have been, adjudged banlgrupts by courts of compel tent jurisdic·tim1 without the United States and have property withlxgg their 1Lll°lSdl(‘;l¢.»llS‘,Z (2) allow elaims, disallow claims, _ reconsider allowed or disallowed claims, and allow or disallow them against bankrupt estates; (3;) ajmolxnt reeelvws or {hi!-1Il8l’Rl‘l8l'S, upoxf application of parties in interest, in ease the courts slmll find it absolutely necessary. for the presentation ut