Page:United States Statutes at Large Volume 52.djvu/893

 PUBLIC LAWS-CH. 575-JUNE 22, 1938 the court shall otherwise direct, the order shall be published only once and the return day shall be five days after such publication. Pleadings. "b. The bankrupt and, in the case of a petition against a partner- ship, any general partner or, in the case of a petition in behalf of a partnership, any general partner not joining therein, may appear and plead to the petition within five days after the return day or within such further time as the court may allow. Verification. "c. All pleadings setting up matters of fact shall be verified under oath. Determination of "d. If a party entitled to appear and plead shall appear, within issues. the time limited, and controvert the facts alleged in the petition, the court shall determine, as soon as may be, the issues presented by the pleadings, without the intervention of a jury except in cases where a jury trial is given by this Act, and make the adjudication or dismiss the petition. Failure to plead, "e. If on the last day within which pleadings may be filed none adjudication or dis- missal. is filed, the court shall on the next day, or as soon thereafter as practicable, make the adjudication or dismiss the petition. Absence of judge; "f. If the judge is absent from the district, or the division of the district in which the petition is pending, on the next day after the last day on which pleadings may be filed, and none has been filed, the clerk shall, if the case has not already been referred, forthwith refer it to the referee. Voluntary petition. "g. Upon the filing of a voluntary petition, other than a petition filed in behalf of a partnership by less than all of the partners, the judge shall hear the petition and make the adjudication or dismiss the petition. If the judge is absent from the district, or the division of the district in which the petition is filed, at the time of the filing, the clerk shall forthwith refer the case to the referee. Jury trials. "SEC. 19. JuTR TRIALS.- a. A person against whom an involuntary petition has been filed shall be entitled to have a trial by jury in respect to the question of his insolvency, except as herein otherwise provided, and of any act of bankruptcy alleged in such petition to have been committed, upon filing a written application therefor at Waiver provision. or before the time within which an answer may be filed. If such application is not filed within such time, a trial by jury shall be deemed to have been waived. If jury.not in at- "b. If a jury is not in attendance upon the court, one may be specially summoned for the trial or the case may be postponed. Existing lavs as to "c. The right to submit to a jury matters in controversy or an jury trials. alleged offense under this Act shall be determined and enjoyed except as provided by this Act, according to the laws of the United States now in force or such as may be hereafter enacted in relation to trials by jury. Oaths. "SEC. 20. OATHS; AFrIRMATIONs. -a. Oaths required by this Act, By whom adminis except upon hearing before a judge, may be administered by (1) referees; (2) officers authorized to administer oaths in proceedings before the courts of the United States, or under the laws of the State where the same are to be taken; and (3) diplomatic or consular officers of the United States in any foreign country. Affirmations. "b. Any person conscientiously opposed to taking an oath may, in lieu thereof, affirm. Any person who shall affirm falsely shall be punished as for the making of a false oath. Appdence of wi- "SEC. 21. EVDENCE. - a. The court may, upon application of any ness es officer, bankrupt, or creditor, by order require any designated per- sons, including the bankrupt and his or her spouse, to appear before the court or before the judge of any State court, to be examined concerning the acts, conduct, or property of a bankrupt: Pro- 852 [52 STAT.

�