Page:United States Statutes at Large Volume 44 Part 1.djvu/261

 :247 ~:r1t1·L1~; 11.-1 é;¤;_§1nri_¢·s.t0_ the person or property of smother, or for alimony. gm? up to lrecomié 61.14%, or for nminteuance 01* support ot wife or t mild. or tug seduction of 8l1'\1!`llIlf1l'1‘i(’(l female, er for breach uf j»x:·»xn_ise of nmrriuge accompanied by sedixéfion, or for crimigpg! mnversation; (third) have not been duly scheduled in. tune {hr ipmnf and Mlmvmnce, with the unmet of the creditor, if knmvxx {0 the ,bankm;it. unless such ereditor had notice or Hmm! knowlvthxn of the `[>I°0i’€€‘(u_l1gS in bankruptcy; or (fourth) l m~rc creutv<l.I»y his frzmd, embezzlemmxt, misappropriation, or _;;t»§;41c{;ti<¤n while acting as nn"0fIicer or in `ziny fiduciary mqnzcityj or, (Efth) are for wages due-to worknnen, clerksk g·,m·l.ing or city snlesnnen, mt servants, which have been earned witlnin three xnimthé before the date of commencement of the p;~wm·elinags in lgmxkrnptcy; or (sixth) are due for mone5?s ot an enn§lf§·<*e received 0:: retained by his employer to secure the i:¤‘izht'ul .pa·r£orn1¤_nqe by such employee of the terms of a con-
 * }-;:4-t `nf employment. (July 1,· 1898, c.` 541, {17, 30 Stat} 550;

l·`a·h. 5,.1903, c. 487,. § 5, 3*2 Stat. 798; Mar. 2, 1917;. c. 153, 39 §~`ém.t. 999; Jan. 7,_i922,· c. -22,  Stat. 854.) n ` I Sw:. J _ [ - ‘ 2 41. l_‘m¢os3. plendinéw, axndndjujilgsatioua. _ $2. Jury {I'{:Il8. · ’ ·‘ 43, Unlhti, &$'II\&{{D!1S. {4. l·ZvldeuccQ __ _ 4L._!{e·f<·rence` after adjudication. -— · t 24;. Jurtsdictton; Yuited States and State cqurts. .· _-T. Same; appellate jurisdiction. · 4~». Ap;ie·:xl;_ and writs of error. _ 4:#._.\rbiiratlnu. { " _. ‘ IM. l'0mpr0mlse$..- _ _ . . · ._
 * (.*h8|)t€l*~·' 4.-COURTS, AND PROCEDURE 'THEREIN..
 * 2.. ln·si_;.:nntinn oi newspapers. - "_

32, Uffénses. j T _
 * 2. Rules, forms, and orders.

F .14. Ceampumtion bf. time. 33. Trzmsfencf cases. ‘· Section 41. P:·0¢¢¤8. pleadings, and adjudication.--(u~) Upon - sho Aiiing of a petition ‘ for involuntary bankruptcy, seririce rm·aj4~»f,ss·ith a' writfot suhpmua, shall be madqupon ·the‘ person !hi*!‘(°i11’_¥l21ll}9(l ns- defendnnt in the same manner that service of meh prwess was xmaxsn July 1, 1898,, upon the commencement •»f·i: suit. in equity in the courts of the United States, except thm it shall he i°€tlll'!l4lblt* within fifteen dziys, unless the judge »h:"z1l for cause Hx 51 longer time; but in case personal service mu not be ixzaggle, thennotice shall be given by` publication in _ the emnneknaanner and.(0r_the same time as provided by lzgw for amine by pubiiention in suits to enforce a legal on equitl -:4}.10 lien in courts of the‘Unitek1 Stntcs, except that, unless the .iu·l::e· éhnll otherwise dimct, the onjden shall be published not mm·e_‘th:m once —n week`-for two c0nsecut@ve"w·eeks, and therey thm may shall be ten,·da1ys‘ after the Inst pu ation unless the judge $11:111 for cause fix at longer tinné. _ Q n W ‘ n em The 1;:1nkrnpt, "0r nny creditor, muy 11 r and plead tu the petition within the dnys after t.he·re urn day, or within meh f;xt%?1,;e:·`tixne us the c0ux·f111a5*‘all0ss·.` » ‘, `_ » tc) All-p1é:sding$ setting up matters of {apt shall be verified i1tH}£‘l‘_ auth. . - -  ` .‘ ~ · ; ma it thé.bnnki·upt, or anjr ot his creditors, shall appear, _ within the°fin;e lixhitcd, and, c;<>nt1·0ver.t ge,.fucts` alleged in the petition, the judge shall determine, ns' ll us may be,.the genes prewhted 'by the pleaxdings, 'withonit the.‘intervent“i<>nn0f ai ju1·;sj·,_—exeept in cgmes where il jury trial is gixjen- by the p1·€>· vi»=im.zs of this title, und make ‘the adjudication or dismiss the pegtitign. , _ .‘ ‘ _ · -  ‘ · U  (03, If an the mst (lay within whieh pleadings may he tiled n none are flied by the lmnkrugit or any of his creditors, the ` judge sha}1.<m" the next {hay, if-present, or as soon thereafter as practicable, make `the adjudication or dismiss the petjtion.- (f) It-the jindgg is absent f1‘Q§1‘Eh£'diStfiCt,_0f the division, of the districtdn which the petition is pending, `on the next tiny

2AN1r1z_u1»:cc·Y § 44 after the last, day on which pleadings may be illed,` and none _ have been tiled by the lmnkrupt or any of his creditors; the clerk shall forthwith refer the cnse to the referee._ - “ ·(g) Upon the filing, of at rolunmry petition the judge elmll hear the petition and make the zmjudiczntioxn or dlsmiss`tl1e_petition. If tlte judge-is absent from the district, or the division of the district in ·whic°h the petition ie Bled at the time of the filing, the clerk shall forthwith refer the ,cn:·;e- to the referee. (July 1,_ 1898, c. 541, § 18, 30· Stat; 551; Feb. 5, 1903, e.-487, ·§ 6, 32 Stat. 79S.)_ ‘ [ · ll _. 42. Jury triels.-—( :1) A person against whom nn involuntary petititlll has been tiled shall be entitled tg have a trial by " jury, in respect to the question of ams insolvency, except as ` herein otherwise provided, and any act of bankruptcy alleged in such petition to have been conxxnitted, upon {lling n written. application therefor at or before the time within which en answer may be filed. _If such 3 epplieation is not Eled within such time, e. trial byjury shall be deemedto have been waived. (b) It a jury? is not in attendhnee upon the court, one may · he specially summoned for the trial, or the casemny be`p0stmrred- ‘ » _ _ . ‘ ‘ (.c)‘»Tlre right to submit matters .111 controversy, oe. an nllegiid offense under the provisions of this_tftIe,' to a jury shall be determined and enjoyed, except as =prorided in this title, Y by jury. (July 1, 1898{ c. 541, §__19, 30 Stat.` 551 ; Mar. 3, 1911, e. _ 231, § 289,  Stat. 1167.) . l _ » · ‘ 43. Oaths, i$rm•tions.-—-(e) (lathe required by this title, except upon hearings .in court, may be administered by (1) referees; (2) oillcers authorized to administer oaths in proceed- - ings before the courts of the UD{t9(l'-"St8t€S.` or. under the _` laws ot the State where the same are to be taken; and (3) diplomatieor consular 0Elcers_t_ of the United States in any ` foreign country- _ _    ` (b) _Any. person conseientlously opposed to taking an oath ` may, tin lieu. thereof, uniilrm. Any person- who shall nfBrm falsely Shall be punished as for -the imrklng {of a false oath, (July. 1, 1898, c.· 541, § ,20, 30 Stat. 551.) ` 4 · 44.·Evidence.——(a) A court of bankruptcy `may, upon applicqtion of any officer, bankrupt, or creditor, by order require ` any designated person, including the bankrupt and his wife, _ l0.8l)DG§l4l‘ in court_·or before a- referee or the ljuqge of any State court, to bef examined concerning the- acts,. conduct, or " property -of· a bankrupt whose esteteis in process of administration under the. provisions of this title. The wife may fbe examined only touching business transacted py her or to which she vis A party, and to determine the feet whether she has transactedtor*been' a party to any business of the bankrupt., . (lm) The `right to take depositions in prD<*€€tli1xgs under. this title shall bedetermiued Land enjoyed according to the` United States lnwsiu force renuriugeroetne taking of depositions, except as herein provided. t · · _ i _ Q:) Notice of the taking of _ deposltions‘ shall  Bled with the referee in evex·j¢»cns=e. 'Wh€!H_d€[)OSiti0l}S nre to be taken `lbe served `upon the (~‘lilil)li11'll1,_&lld when in opposition. ton dlschnrge_ notice slmll also be served upon the bankrupt. (d)·jCertiiied copies of proceedings before a‘ referee, or of l papers} when issued by the clerk or referee, shall be admitted as evidence witlr like force and effect as certified copies of
 * aocording”to the United Steteé laws in force in relation to trials
 * in opposition, to the allowance of n~ claim no’ticé_ shall also
 * the record {district courts of the United States nre adznitted

lusel~1u¤5e§‘-  .,. (e) A` rtltled_eop$· of the order approving the °l»ond‘ of a ~ trustee shall constitute com:lu:~=ive evidence of the vesting.: in
 * nlm of the title, to me property of the bnn'krn_pt, and if rccorded shall impart the same notice tlmt a deed `fronn the bankv rupt to, the trustee if recorded would have inlpnrted hud not

· bankruptcy proceedings intervened. · '