Page:United States Statutes at Large Volume 18 Part 1.djvu/1041

rms rrr.-BANKRUProY.-on. a. 969 Seventh. Who, being bankrupt or insolvent, or in contemplation of 22 \Vall., 170; In bankruptcy or rnsolvency, makes any payment, gift, grant, sale, convey- MD- Pmft,2 I-Own ance, or transfer of money or other property, estate, rights, or credits, 96* M“““’SC“S“z13 or gives any warrant to confess judgment; or procures or suffers his prop- 2,,3,9]}, Wl;` erty to be taken on legal process, with intent to give a reference to one R.Cc. 21Tillf;l87i or more of his creditors, or to any person or rsons who are or may be Oxford Iron fiom: liable for him as indorsers, bail, sureties, or otligrwise, or with the intent, gmy "· Sl““°'~ 13 ply sucp disposition of his property, to defeat or delay the operation of Cj,:,t,(igj{,Q15?lL{;:,,re rs ac ; or. 478; In re,Smit li Eighth. Who, being a banker·, broker, merchant, trader, manufac- al-, 2 LOW. 69313 turer, or miner, has fraudulently stopped ayment, or who has stop d “R*‘Y”_° ’» U or suspended and not resumed ayment of his commercial paper, within gl;:;;;; 4a; ° a period of fourteen days, shalhbe deemed to have committed an act of 533; In T} (lbear li bankruptcy, and to have become liable to be adjudged a bankrupt. Dill-. 37: I n rc And if such person shall be adjudged a bankrupt, the assignee may re- Kl”g» 3 Dm·· W? cover back the money or other property so_paid. conveyed, sold, assigned, 52.83; or transferred contrary to this Title, provided the erson receiving such zibJne,<sBi¤s., 167; payment or conveyance had reasonab e cause to beilieve that a f iaud on MM *ykeS,5Biss-. this Title was intended, and that the debtor was insolvent, and such credi- 1132 In " ]mS°“· tor shall not be allowed to prove his debt in bankruptcy. Qigfsihggg éye 497; Jack’s Case, 1 Woods, 549; D: re Ryan, 2 Saw., lll; Li re Frost, -6 Biss., 213; Li Williams & M cPheters, 6 Biss., 233; Barr r. Hopkins, 6 Biss., 345. Sec. 5022. Any act of bankruptcy committed since the second da * of Prior acts of March, eighteen hundred and sixty-seven, may be the foundation of an b““k"“P*°>'- adjudication of involuntary bankru tcy, upon a petition tiled within the time prescribed by law, equally with one committed hereafter. Sec. 5023. An adjudication of bankruptcy may be made on the eti- Who mayfilepetion of one or more creditors, the aggregate of whose provable cl-ebts mi°”· amounts to at least two hundred and fifty dollars, provided such petition 2 MM, 1867,4,; is brought; within six months after the act of bankruptcy shall have been 176,s.39,v.14,p.5:%6. committe . €“"" 4 Bank. Reg., 12; In re Skelley, 5 Bank. Reg, 214; In re Hunt, 5 Bank.IIl;g3.f‘h?3.3;Eh?i·e Stansell, 6 Bank. Reg., 183; Sloan r. Lewis, 22 Wall., 150; In re Williams et al., 1 Low., 406; In rv Alexander, 1 Low., 470; Li re Currier, 2 Low., 437; hr re Wilson, 2 Low., 453; In re Israel, 3 Dill., 511; In re Scammon, 6 Biss.,130, 145, 195; Lz re Raffauf, 6 Biss., 150; In re, Hatje, 6 Biss., 436. Sec. 5024. Upon the filing of the petition authorized by the preceding Broceedingsafter section, if it appears that sufficient grounds exist therefor, the court mms *h° P°'°m°¤· shall direct t .e entry of an order requiring the debtor to ap ear and 2 Mar., 1867, e. show cause, at a court of bankruptcto be holden at a time tolie speci- 176»¤·40,V-l4,P-536 fied in the order, not less than live dyays from the service thereof, why I,, ,.,, Meme, at the prayer of the petition should not be granted. The court may also, al., 1 Ben., 356; In by injunction, restrain the debtor, and any other person, in the mean °"¢ Com ¢§ Q}-. 2 time, from making an r transfer or disposition of any part of the debtor’s g’I:;£??_Bl:%°"“g property not excepted) by this Title from the operation thereof and from gmk_ keg_' 4,% any interference therewith; and if it shall appear that there is probable cause for believin that the debtor is about to leave the district, or to remove or concealiis goods and chattels or his evidence of property, or to make any fraudulent conveyance or disposition ther·eof, the court may issue a warrant to the marshal of the district, commanding him to arrest and safely keep the alle ed debtor, unless he shall give bail to the satisfaction of the court for· his appearance from time to time, as required by the cour·t, until its decision upon the petition, or until its further or·der, and forthwith to take possession provisionally of all the propert and effects of the debtor, and safely keep the same until the further order of the court. Sec. 5025. A copy of the petition and order to show cause shall be Service of order served on the debtor by delivering the same to him personally, or leav· *0 Sh°‘” °*“°°· ing the same at his last or usual p ace of abode; or, if the debtor- cannot 2 Mm-., 1867, C, be found, and his place of residence cannot be ascertained, service shall 176,s40,v·14.p-536- be made by publication in such manner as the judge may direct. No 3932 ·{'§"";g87‘{h;; further proceedings, unless the debtor appears and consents thereto, shall - be had until proof has been given, to the satisfaction of the court, of such Dercwnshingfxm,