Page:United States Statutes at Large Volume 47 Part 1.djvu/1497

72d CONGRESS . SESS . II. CIL 204. MARCH 3, 1933 . court, set the same aside, reinstate the case, and modify the terms of the extension proposal . "(m) The judge may, upon the application of any party in inter- within sic months, est, file' at any time within six months after the composition or it fraud practi ced . extension proposal has been confirmed, set the same aside and rein- state the case, if it shall be made to appear upon a trial that fraud was practiced in the procuring of such composition or extension, and that knowledge thereof has come to the petitioners since the confirmation thereof . `'(n) The filing of a petition pleading for relief under this section Jurisdiction over farmer, etc., alien pe- shall subject the farmer and his property, wherever lot ated, to the utionfiledn excl usive jurisdiction o f the court . In proceedings under this section, except as otherwise provided herein, the jurisdiction and powers of the court, the title, powers, and duties of its officers, the duties of the farmer, and the rights and liabilities of creditors, and of all persons with respect to the property of the farmer and the jurisdic- tion of the appellate courts, shall be the same as if it voluntary pe tition for ad judicat ion ha d been filed a nd a d ecree o f adjud icatio n had been entered on the day when the farmer's petition or answer was filed . "(o) Except upon petition made to and granted by the judge insdn ed 3n ottob e after hearing and report by the conciliation commissioner, the follow- er after petiti on pled . ing proceedings shall not Ybe instituted, or if instituted at any time prior to the filing of a petition under this section, shall not be maintained, in any court or otherwise, against the farmer or his property, at any time after the filing of the petition under this see- tion, and prior to the confirmation or other disposition of tho composition or extension proposal by the court "(1) Proceedings for any demand, debt, or account, including any Debts, etc . money demand ; "(2) Proceedings for foreclosure of a mortgage on land, or for For ecl osu re . cancell ation, resciss ion, o r speci fic per forman ce of a n agree ment f or sale of land or for recovery of possession of land ; "(3) Proceedings to acquire title to land by virtue of any tax Tax sale titles . .sale ; "(4) Proceedings by way of execution, attachment, or garnish- Exe cut io ns, attach. wants, etc . meat ; "(5) Proceedings to sell land under or in satisfaction of any Judgment sales, etc . judgment or mechanic's lien ; and "(6) Se izure, distre ss, sal e, or other p roceedi ngs un der an execu- seizure, et c, under tion or under any lease, lien, chattel mortgage, con dition al sale exec ution , etc . agreement, crop payment agreement, or mortgage . "(p) The prohibitions of subdivision (o) shall not apply to pro- Tax electi o n excepted. pr o- ceedings for the collection of taxes, or interest or penalties wi th ee respect thereto, nor to proceedings affecting solely property oth er than that us ed in farming operations o r comprising t he home or household effects of the farmer or his family . "(q) A conciliation commissioner shall upon request assist any Assistance in prepa- farmer in preparing and filing a petition under this section and in ration of petition, etc . all ma tters s ubsequ ent the reto ar ising under t his sec tion a nd farm ers shall not be required to be represented by an att orn ey in any procee ding un der th is sect ion . "(r) For the purpose of this section and section 74, the term "Farmer," con . `farmer' means any individual who is personally bona fide engaged str ued . primarily in farming operations or the principal part of whose income is derived from farming operations, and includes the personal representative of a deceased farmer ; and a farmer shall be deemed Residence . a resident of any county in which such farming operations occur . I So in original. 3051 0-33 -93 1473