Page:United States Statutes at Large Volume 44 Part 1.djvu/259

 245 TITLE 11.-—-B all costs; counsel fees. expenees, and damegeé occasioned by eueh seizure, taking. or detegxtien of teach property. Counsel ieee, cests, expenses, {mg_ Qgérrrnges shall be., fixed and allowed ,;,;,— me court, mad paid l>;:t,l;e‘01>lig0rs in such bond. Xiluly 1, ewes, e. 541, § 3, 30 Stat. 536; Feb. 5, 1903, c. 487,.§ 2, _32 Stat. ‘·;:&7.} Q _ ‘. »"· _ 22., Bmkrupts; whe ·may‘bec0n;e,·—( a) Any person, exeept { YY mzmivipal, raiilmaid, iu·s`uran<:e,_0r banking corporation, shall 1e»}·mitle£l to the benefits of thietitle as in voluntary- bankrupt. my Any natural person, exeept ·a wage earner or a;pers0ui* . en;:‘:1;.:·c·d‘_<·.l1ieiiy in -_farmiqg`0r `thetillage of the soil, any uhm- ,e»¤·;¤»l·eted eempgmy, emlauy moneyéd, business, er commercial .-l.;·pm·etion.`excépt a municipal, railroad, insurance, or bankimeeergworation, owing debts to the amouixt of $1,000 or over, im¤5· ·he edjudgéd an involaiutarybanlrrupt upon default or an impartial triel, and shell he subject to the ‘_p1·0visions··end emitted Etc the benetlté of this title. · .· K 1 The haixkrupteyg ot a corpbratitm shall not release its officers, e glirecters, or steckheldersgrs sueh, from guy liability- under the l:{ws·of a State or‘Territory or of t1;e‘United States, (July 1,‘ —1<s»8, c. 541, § 4, 30°St,at. 547 ; Feb._5, 1903, c._ 487, § 3,32 Stat. T2}? ; J urge 25, 1910, ct 412, §§ 3, 4, 36i_StQ.t. 839.). ‘ · 23. Same; p•rt¤e·ri.——-(a); A partnership, during the contlmr, ` umm of the parmershlp Business, or after ite dissolution aqd' before the mm! settlement thereof, may be adji1dged*a_l§ttukrupt. (b) The  `et the p¤rt¤ership'shu1l·app0i¤t the trus- tee; `ln ether reepectesd far as possible t·he.estsrte shall be administered as herein provided fur other estates. e ” I t · ' (c) The court of bankruptcy 'whlch has jurisdiction of one `nf the partnere-may hgvejurisdictiqn 0t_ all the "partpers and of the administration et the partnership and individual property; `.(d) The trustee shall keep separate accountés of the partner ship property and ot the property belonging to the individual partners. . - . ., . " . W ` (<·)_ The expensesehall be paid from the partnerehip"pr0p·. ¤·rty··£md the Individual property in such proportions ae the " (mart shall determline. e ‘ Y  e Q " ~ (f } The net proceeds of the partnership property shall » be .:1 pproprieted to the payment of the partnership debts, and the net proceeds. of the individual estate et each partner to `the _ pzayguent ei his individual debts. Should any surplus remain of the property et any partner utter paying .his individual. debts, such eixrplus- shall be added ~ to the partnership assets myd be applied to_ the payment etthe partnership debts. Sheuld may surplus ot the partnership property. remain after paying the partnership debts, such surplixs shall be added to theaseets of the Lndlviclualpnrtriegrs in the proportion et their reepeetive interests ie the phrthership. I _ ~, ' ’ e · (gl The court may permit the prec! {pt the claim ot · the partnership &tate_ nmlust the individual estiates, had vice _ verse, md may marshal the assets ot the partnership- estate 1 and l individual eetites so as to prevent preterenewt "nnd secure the equitable distribution et the preperty of the sererél estates, M ‘(h) In the event at one er merehut-not All et the hxembere; uf n' pertnershlp ‘ being. adjudged bankrupt, the partnership property shell met, be edmlxxtstered in bankruptcy, unless by <·<meem; et the partner or partners ,mt~— adj edged baulmipt; l but meh partner er partners not ardjpdged haxxkruptshall settle l the partnership lmsine§s`¤s~expedltlett¤ly_as its ugture will per- l mit, ami geeeunt for The interest of the mrtuer or pdrtners zuljuelged bankrupt. (July`1, 1898, c. 541, { ,5. 80 Stat. 5·§7.)· -_ 24; Snme; emmptioas.-·—·The pmvleiem, er this t_ p title shall not affect the allowance te. hazrkrupts ot the exemgmeus which are lweeerilyed by the .Stnte laws lu tome. at the? dma of Ythe ming. ‘6t the petlticm in the State wherein they have had their domiciletel- the six t mouths er the greater portion thereof, immediately vrecedirg the ming et the petltion.`- (july 1, 1%, e. `541, {16, yeosmeats.; V ‘· ‘ t \,

nzvxnvpror § 27 , 25. Same; duties.——~yTbe bankrupt shall (1) attend the tirst meeting of his creditors, if directed by the court or a judge thereof to do so; and the hearli'1g.up·»n his application for a discharge, if tiled; (2) comply with all lawful orders; of the court; (3) examine the correctness of all proofs of claims tiled agolnsthis estate; (4) execute and deliver such papers n shall be ordered by the; court; (5) execute to his `trustee transfers of all_h.is property ln forelan countries; (6) immediately inform his trustee of. any attempt, by his creditors or other persons, to evadethe provisions of this title, `coming to his knowledge; (7) in case of any. person, having to his knowledge pruned aifalse claim against his estate, die-close that fact immediately to his ·tz*ustee;` (8), prepare, make oath to, and Otlle in court within ten days, unless further tlme·is` granted, after the adjudication, if an involuntary bankrupt, and with thepetition if a yolgmtary bankrupt, a schedule of his property, snowing the amount and kind of propei·t3i, the location there Q of, its money value in detall,·nnd_a_list of his creditors, showing tlxeirjresidences, if known, "if unknown, that fact to be stated, the amounts due each. bt them, tlnéyconslderation thereof,"the' security held by them, if any, and a claim for such exemptions e as he may be entitled,to_,* all in trlpljcate, one copyof each fone. _ the clerk, one for the-` referee, and one for the trustee; and (9) · ' when present at the first meeting of hl creditors; and at such other tfmes as the court `shall {order.: submit to an examination concerning the conducting of - his business, the cause of his bankruptcy, his dealings withffhis creditors and other persons, ·tl1e amount, kind, and whereabouts of his property, and, in addition, all matters which may allect the administration andb settlement of his estate; but no testimony pven  him, shall be offered in evidence against him. lnany criminal proceeding; He shall -not be required toattend a meeting of his creditors, or at or for an examination at a;place more than one hundred and tlfty miles distant from-his home or principal place of business, or to examine claims except when presented to him, unless ordered by · the court, or a judge thereof, for causesbown, and the bankrupt shall be paid his actual exmnses front .the estate when 'examlned or required to zattend at any place other than the city, townpor tillage of his residence. (July 1,, 1898, c. 541, § 7,730 Stat. 5-L8.) l — · _ - 26. Same; death or insanity.-Q-·——’1#he death or insanity of a bankrupt shall not abate the proceedingsebut the same shall.; conducted and concluded in the same manner, so fan as poe sible; as though be had not died or become insane. In case of death. the widow and children shall be entitled to allrlghts , of dower and allowance nxed by the laws of the State of the bankrupfs residence. (July 1, 18%, cp. 541, § 8, 30 Stat; 549] _ _’27._ Same; `proteetionyand détentione-—(_a)"A`lp.ankrn:pt shall be exempt from arrest upon civil process except in the follotiwing cases: (1) When issued from af 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 idebt or claim from which his Jdlscharge ln bankruptcy woultfnot he arelease, and lnauclrmse he shall be exempt from sn ch. arrest when in attendance upon a court of bankruptcy or. engaged in. the performance of a. duty, lmposed by the provisions of- this title., _ ( . " (b) The judge may, te any time after the tlllng of; petition. bg? or against a person, d before the expiration of one month after the qua`ll¤.catjlon’  the trustee, upon satisfactory; proof by the andavlta of · at least two persons that such bankrupt is about-to leave the district in which he"x·esldes' or has his principal place of business to avoid examination, andnthat his _ deyrtnre will defeat the proceedings in bankruptcyh issue a -'9varra.nt to the marshal, directing him to bring such bankrupt forthwith before thecourt forieaamlnation. ‘ If upon hearing l the evidence of the partieait sehallappear to the court' or a Judge thereof that the allegations are true and that it ls.