Page:United States Statutes at Large Volume 44 Part 1.djvu/258

 § 21 X TITLE 11.--2.4; eesmtvs, to take charge of the property ofhankrupts after the S tiling of the petition and until it is dismissed or the trustee Q `is qualified; (4) narraign, try, and punish baukrupts, otiieers, 8 and other persons, and the agents, oiiléers; members of the board 3 of directors or trustees, or other similar controlling bodies, of eerporeticms for violations of the provisions contained in this title, ga in aécordance· with the laws of procedure of the United States C in force on July 1, 1898, or such pas may be thereafter enacted, I regulating trials for the alleged violation of laws of the United 1 States; (5) authorize the business of baxxkrupts to be conducted r 'i . for limitw periods by receirers, the marshals, or trustees, if nec- ( esmry in the best interests of theyestates, and allow such oiiircers ( additional compensation `for sueh qarvices, as provided in sec— _ tion 76 of this title; (6) bringin and substitute~additio¤al '( persons or parties in proceedings in bankruptcy wher1 uecee-, gary for the complete_,determination‘of a matter in controversy ;‘ , (7) cause the estates of bankrupts to be collected, reduced to 1 money and distributed, and d€t€fmiDQ’COHFIOV€fS1€$ in relation 1 thereto, excepfhs herein otherwise provided; (8) cloée estates, ., whenever it appears that. they have been fully administered, , by approving the Jiiual accounts and discharging the trustees, g and reopen there vuherxever it appears they were closed before , _ being futly administered; _·(9) contlrip or i·eject:_compositil>n:;` between debwré and their creditors, and set asiqe compost- `, tions and reieetate the eases; (10)*. consider and eohtlrm, , _ modify or olégule, or xeturn,-with -instruetions` for further , proceedings, _ rds and iiudtngs eertiiied to them by referees; _, °( 11) determ\ne all claims wot bankrupts to their exemptions; ‘j (12) ·dtscharg“e, or refuse to discharge bankrupts and set aside 1 discharges and reinstate the cases ;‘ (13 )_ enforce obedience by I l bankrupts, oiicere, and other persons to, all lawful orders, by F,  er imprieonmept or ilneapd imprisonment; (14) extradite , bninkrupte from their respective districts to other distriets; 1 (15)'ma.ke mich ordere,·issue such process, ahd enter such judg- ; ments, in addition to those specifically provided for 'as may be ., n%sary for the enforcement of the provisiousf of thts title ;i· ‘, _ _ (IS} punish persoxis for contempte committed before referees;. - ¤ (17) pursuant to the recommendation of creditors, or when _; they aegleet to. recommend the appointment ot trustees, appoint, _ ¤·ustme,.aud upoa complaints of creditors, remove trustees-for .5 ‘ (cause upon hearings and after notices to them; (18) tax coete, E whenever they are allowed by 1mv,·and_ render judgments. there- · for against the unsuccessful perty, or thefsuccessful party for — geauee, or in part against each of the pertiesyand against estates, *1 in proeeedttage in bankruptcy} (19)·.tra¤Mer  to other; emirte of. bankruptcy and (20) exercise axgcillary jurisdiction` ; over", persoae or property within their respective territorial [ limits in ·aid_ ot a reeeiwger or trustee appointed in any bank· · ruptcy proceedings pead1¤g,`in=auy, other eourt ot banliruptcy. · A Nothing, in this  section. contaihed shall the ‘const1‘ued. to de- ( •p~rive a court ot mnkruptcy of any power -1t would possess 1 wyrre'=.certai 1xr.epeéi e powers not herehreuumerated. (July 1; I%Sji, c. $@1, Q 2,   ,8 tat. 545; Apr. 1-2, 1900, c. 191,j I 34, 31 :_ Stat: {*85; Feb."5, 1903, e. 487, Y1, 32 Stat. 797;. Mar. 3, 1909, c. 2%} t ·1, 35 Stat: 838;~June 25, .1910,5:. 412, $9 1, `2, 36“Stat. BQSQ E39.) I ’ h — . · . Chaiikr 3,--··BANKRUP1‘. _' · Soc. · to M P _ _ I $:1. Acts ot bankruptcy. · _. ’22. Eiokrupté; who my become,.  . ‘ 2;~h.,»Seme;.mrtne¤a, · — __ ‘ 24. lsame; exemptiops. . ff 2l5."t?·¤i@.e;"dut§<·e.· - . · ‘ _. 26. Same; death ‘or,t¤eenit$r, ·. 27. Same; protection and detention. ~ \2!·<.‘_ 8nme;~.extradittou. _ Y ‘  lS*ame; suitseby and against. ` 30. §‘omposittcme·; when confirmed.- 81. Qamé; when set aside. _ x "

NER UPTCY 244 Kee. , _ L2. Discharges; when granted. L3. Same; when revoked. $4. Coxilebtors of bankrupts. I5. Debts nobsftected by adlscharge. ·~ Section 21. `Acts of bankruptcy.-—(a) Acts of bankruptcy by n person shall consist ot his having (1) conveyed, trixxxsfenwd, l zoncealed, or, removed, or permitted to be concealed or re-° noved,. any- part ot his Property- with intent‘· to hinder, do ay, or defraud his creditors, orany of them; or (2) trams- Ferred, while insolvent, any portion of his property to one >r more ot his_creditors· with intent · toimrefer such eredm.;·S· wer hi.; otherenjéditors; or (3) SUYYQXTQBJOP permitted, while 1;,. aolvent, any creditor to obtain a_ preference through legal pn,- zeedings, and not having at least tlve days before a sale or lima} imposition of any property aiected by such preference vaunted n: discharged such preference; or (4) modes" general assign- {nent for the benent ot his creditors, or, being insolvent, applied for areceiver or trustee for his property or because of Oinsol? vency a receiver or trustee has been put in charge of his prop: erty under the laws of·_a State, of a Territory, or of the United ; States; or (5), admitted in writing his 'inability to my his dems and his `willingness to°·be adjudged °a bankrupt on that ground, _ (b) A petition may be filed against a person who is insolvent and who has committed an act offbankruptey, within- fornmonths after the commission of such net. Such time shall not'. expire until tour months aiter ·(1) the date of the recording or registering of, the transfer or assignment when the set consists ln having made ‘a transfer of any of his property with intent to hlnder, delay, or defipnd his creditors or for the  of giving a preference as herelnbefore provided, or a - general assignment for the benedt of hisfteditors, if by law such re· ' cordlng or registerlngvis required or permitted, `or. lf lt is not,. from the `date when the benedclary takes notorious, excluslve. ' or continuous pomessl rl of the·property`_,unless the petitioning creditors have received actual notlceof sinch transfer or assignment. * X- _ Q' _ _.’  ‘ _ (c) It Shillfba ·a complete defense to any proceedings in bankruptcy xuegzueeo under the first subdivision of this section to allege and p, ve that. the party  nplnst was not lnsolvent as Aeilned_ an this title at the time of the tiling the petitionagalnsthlxn, and it solvency at such date is proved by the_a1leged bankrupt the proceedings shall be dlsmimed; and uuder'said` snbdlvldon one the burden of proving solvency shall J be-on thealléged bankrupt. " . ·_ _ — _ _ . (d) Whenever .»., apemoneamlnst whom a petition has been filed as hereinbetore provided under the second and third sub· ‘· divisions. of this section takes issue with and deniw the allegnl tion ofihis insolvency, it shall behis duty to appear in conrt on the hearing', with his books,  and accounts, and submiti toanexainlnation, and glve testimony as/to all matters tending to establish solvency or insolvency, and in case of his {allure to so attend. and submit to examination the burden otxproving his solveneyshall rest nponhim.   _ — _` V` _ _ ‘— (e) Whenever a petition·is med by eny person for the pur-  of·hyvlng_`»another adjudged e benkmpt, and and sppllvn; tion- is mt? to take charge of and hold the property of the alleged ba erupt, 01*, any part ot the'ssni1e,_prior to ne adjudiention and pending s hearing on the petition, the petitioner or appllénnt shall rule in the same court n bond with at least two good and sudlcientisnretles who shall reside within the jurisdiction ot seid·court,·` to be approved by the court or a judge thereof, insuch sum as the eourt shall,dln·eét,‘_oonelltioned for the payment, .111 case such petition ls·dlsmls.·¤ed, to the i·espond·_ ent, his or her permnnl- repreeentatlves, all oostn. expenses, and t occasioned bye such seizure, taking, and detention ot the-property of the nlleged bankrupt. . _‘ _ ‘ A ‘If suoh petition be dismissed by the court or withdrawn by. the petitioner. the respondent or respondents shall be allowed