§21 TITLH 11.
-BANKRUPTOY-
estates, to take charge of the property of bankrupts after the
filing of the petition and until It Is dismissed or the trustee
is qualified; (4) arraign, try, and punish bankrupts, officers,
and other persons, and the agents, officers, members of the board
of directors or trustees, or other similar controlling bodies, of cor-
porations for violations of the provisions contained In this title,
in accordance with the laws of procedure of the United States
in force on July 1, 1S98, or such as may be thereafter enacted,
regulating trials for the alleged violation of laws of the United
States; (5) authorize the business of bankrupts to be conducted
for limited periods by receivers, tile marshals, or trustees, If nec-
essary In the best interests of tile estates, and allow such officers
additional compensation for such services, as provided In sec-
tion 76 of this title; (6) bring In and substitute additional
persons or parties In proceedings in bankruptcy when neces-
sary for time complete determination of a matter in controversy;
(7) cause the estates of bankrupts to be collected, reduced to
money and distributed, and determine controversies in relation
thereto, except as herein otherwise provided; (8) close estates,
whenever it appears that they have been fully administered,
by approving tile final accounts and discharging the trustees,
and reopen them whenever it appears they were closed before
being fully administered ; (9) confirm or reject compositions
between debtors and their creditors, and set aside composi-
tions and reinstate the cases; (10) consider and confirm,
modify or overrule, or return, with Instructions for further
proceedings, records and findings certified to them by referees;
(11) determine all claims of bankrupts to their exemptions;
(12) discharge or refuse to discharge bankrupts and set aside
discharges and reinstate the eases; (13) enforce obedience by
bankrupts, officers, and other persons to all lawful orders, by
fine or Imprisonment or fine and imprisonment; (14) extradite
bankrupts from their respective districts to other districts;
(15) make such orders, issue such process, and enter such judg-
nients In addition to those specifically provided for as may be
necessary for the enforcement of the provisions of this title;
(16) punish persong for contcmpts committed before referees;
(17) pursuant to the recommendation of creditors, or when
they neglect to recommend the appointment of trustees, appoint
trustees, and upon complaints of creditors, remove trustees for
cause upon hearings and after notices to them; (18) tax costs,
whenever they are allowed by law, and render judgments there-
for against the unsuccessful party, or the successful party for
cause, or in part against each of the parties, and against estates,
ill Priceedings in bankruptcy; (19) transfer cases to other
courts of bankruptcy and' (20) exercise ancillary jurisdiction
over persons or property within their respective territorial
limits in aid of a receiver or trustee appointed in any bank-
ruptcy proceedings pending il any other court of bankruptcy.
Nothing in this section contained shall be construed to de-
prIve a court of hanlkruptcy of any power it would possess
were certain specific powers not herein enumerated. (July 1,
1898, c. 541, § 2, 30 Stat. 545; Apr. 12, 1900, c. 191, § 84, 31
Stat. 85; Feb. 5, 1903, c. 487, § 1, 32 Stat. 797; Mar. 3, 1909, c.
269, § 1, 35 Stat. 838; June 25, 1910, c. 412, §§ 1, 2, 30 Stat.
838, 839.)
Chapter 3.-BANKRUPT.
See.
21. Acts of baukruptey.
22. Bankrupts; wile may become.
23. Same; partners.
24. Same; exemptions.
25. Same; duties.
26. Same; death or insanity.
27. Same; protection and detention.
28. Same; extradition.
29. Same; suits by and against.
.30. Comiositions; when confirmed
31. Same; when set aside.
244
See.
32. Discharges ; when grainted.
83. Same; when revoked.
34. Co-debtors of bankrupts.
35. Debts not affected by a discharge.
Section 21. Acts of bankruptcy.-(a) Acts of bankruptcy by
a person shall consist of his having (1) conveyed, transferred,
concealed, or removed, or pernitted to be concealed or re-
moved, any part of his property wIth intent to hinder, de-
lay, or defraud his creditors, or any of thei; or (2) trans-
ferred, while Insolvent, any portion of his property to one
or more of his creditors with intent to prefer such creditors
over his other creditors; or (3) suffered or permitted, while in-
solvent, any creditor to obtain a preference through legal pro-
ceedings, and not having at least five days before a sale or final
disposition of any property affected by such preference vacated
or discharged such preference; or (4) made a general assign-
inent for the benefit of his creditors, or, being insolvent, applied
for a receiver or trustee for his property or because of insol-
vency a receiver or trustee has been put In charge of his prop-
crty under the laws of a State, of a Territory, or of the United
States; or (5) admitted in writing his iability to pay his debts
and his willingness to be adjudgedia bankrupt on that ground.
(b) A petition may be filed against a person who Is Insolvent
and who has committed an act of bankruptcy wfthin four
months after the commission of such act. Such time shall not
expire until four months after (1) the date of the recording or
registering of the transfer or assignment when the act consists
in having made a transfer of any of his property with intent to
hinder, delay, or defraud his creditors or for the purpose of
giving a preference as hereinbefore provided, or a general
assignment for the benefit of his creditors, If by law such re-
cording or registering is required or permitted, or, if It is not,
from the date when tile beneficiary takes notorious, exclusive,
or continuous possession of the property unless the petitioning
creditors have received actual notice of such transfer or assign-
ment.
(c) It shall be a complete defense to any proceedings in
bankruptcy instituted under time first subdivision of this section
to allege and prove that the party proceeded against was not
insolvent as defined i this title at the time of the filing the
petition against him, and if solvency at such date is proved by
the alleged bankrupt the proceedings shall be dismissed, and
under said subdivision one the burden of proving solvency shall
be on the alleged bankrupt.
(d) Whenever a person against whom a petition has been
filed as hereinbefore proiided under the second and third sub-
divisions of this section takes issue with and denies the allega-
tion of his Insolvency, It shall be his duty to appear In court on
the hearing, with his books, papers, and accounts, and subonit
to an examination, and give testimony as to all matters tending
to establish solvency or insolvency, and in case of his failure to
so attend and submit to examination the burden of proving his
solvency shall rest upon him.
(e) Whenever a petition Is filed by any person for the pur-
pose of having another adjudged a lankrupt, and tin appliea-
tion is made to take charge of and hold the property of the
alleged bankrupt, or any part of the same, prior to the adjudi-
cation and pending a hearing on the petition, the petitioner or
applicant shall file in the same court a bond with at least two
good and sufficient sureties who shall reside within the juris-
diction of said court, to be approved by the court or a judge
thereof, in such sun as the court shall direct, conlitioned for
the payment, in ease such petition is (di9missed, to the respond-
ent, his or her personal representatives, all costs, expenses, and
damages occasioned by such seizure, taking, and detention of
the property of the alleged bankrupt.
If such petition be dismissed by tIhe court or withdrawn by
the petitioner, the respondent or respondents shall be allowed
 TiTL l1L.-BANKRUPTOY § 27
tll co-t, counsel fees, expenses, and damages occasioned by 25. Same; duties.-The bankrupt shall (1) attend tile first
such speizure, taking, or detention of such property. Counsel n eotlig of ilis creditors, if directed hy the court or a judge
fees, costs, expenses, and dalniages shall be fixed and allowed t hereof to do so, and tile hearing upon Ills application for a
by the court, and p1il(] by the obligors In such bond. (July 1, d.ischarge, if flied; (2) conily with nll lawful ordeL* of the
1898, e. 541, § 3, 30 Stat. 516; Feb. 5, 1903, c. 487, § 2, 32 Stat. c ourt; (3) examine tile correclness of all proofs of clais filed
797.) a gainst Ills estate; (4) execte and deliver suchl papers as
22. Bankrupts; who may becom.-(a) Any person, except a s hall be ordered by tie court; (5) execute to Ills trustee
municipal, rahlroad, ilwuran('e, or banking corporation, shall t ransfers of till )is property ill foreign countries; (6) fill-
ic entitled to tle benefits of this title as a voluntary bankrupt. i:nediately inform Ills trustee of any littempt, by his creditors
(b) Any natural person, except a wage earner or a person Cir other persons, to evade the provisions of this title, coming
engaged chilefly in farming or the tillage of the soil, any unin- t o Ilis knowledge; (7) in case of 1any person having to Ills
coi'orated conpany, alld any noneyed, business, or coalnlerclil I-nowledge proved a false claim ngaiilst his estate, disclose that
corporation, except a municipal, railroad, Insurance, or bank- ffact Immediately to Ills trustee; () prealre, make oath to,
lag corporation, owing dehts to the amount of $1,000 or over, Ii(d file ill court within tell days, unless furlilir time is granted,
may be adjudged til involuntary bankrupt upon default or an Iafter tile adjudleation, if all involunltary Inkrupt, and with
impartial trial, and shall he subject to the provisions and lie petition if i voluntary bankruplt, a Fchellle of 11 i)ripoperty,
entilled to the benefits of this title. stowing tile anlount and kind of property, tile location there-
The bankruptcy of a corporation siall not release its officers, of, its money value ill detaill, and a list of his creditors, showing
direclors, or stockholders, as such, from any liability under tile their residences, If known, if unknown, that fact to be stated,
laws of a Slate or Territory or of the United States. (July 1, tile amounts (fie each of them, tile consileration thereof, tile
1898, c. 541, § 4, 30 Stat. 517; Feb. 5, 1903, c. 487, § 3, 82 Stat. security held by them, if ally, and a clain for such exenlptions
797; June 25, 1010, c. 412, §§ ', 4, 36 Stat. 830.) as lie may le entitled t(o, all In triplicate, one copy of each for
23. Same; partners.-(a) A )artnerslllp, during the continu- the clerk, one for the referee, and one for the truitee ; and (9)
ation of the partnership business, or after its dissolution and when present at tile first neeting of his creditors, and tit such
before the final settlement thereof, may be adjudged a bankrupt. other times as tile court shall order, submit to all exanlination
(b) Tile creditors of the partnership shall appoint the trus- concerning the conducting of his business, tile cause of llis
tee; in other respects so far as lossille the estate shall be bah.kruptcy, Ills dealings with his creditors and other iersons,
administered as herein provided for other estates. tile amount, kind, and wherealouts of ills property, aired, in
addition, all matters which may affect the- amnistration and
(c) The court of bankruptcy which has jurisdiction of one
sl11 1
of tile partners may have jurisdiction of aill thelaartners and of settlement of his estate; but 110 testlillony givell by 111111
be offered In evidence against him IiI any criminal proceeding.
the administration of the partnership and lnlividual property.
Ile slall not Ile required to attend a meeting of Ills creditors,
(d) The trustee shall keep separate accounts of the partner-
or at or for all exlllination lit it ilace more than one hlnlred
ship property and of the property bclonging to tile individual
and fifty anlles (.;staat from Ilis ho1e or prlincllpal place of
partners.
prop- business, or to examine cihs except whii presented to h11,
(e) The expenses shall he paid from the partnership
unless ordered iy the court, or a judge thereof, fr (iaue
erty and the individual property in such proportions as tile
shown, and tile bankrupt shall be paid his actual expinses from
court shall determine.
the estate when exaincd or required to alteld it tny place
(f) The net proceeds of the partnership property shall ie
other than the city, town, or village of ills rlehnce. (.July
appropriated to the payment of tile partnership debts, and tle
1, 1898, c. 541, § 7, :0 Stilt. 548.)
net proceeds of the individual estate of each partner to tile
26. Same; death or insanity.-Tie deatlh or linalilty of a
paynnt of his individual debts. Should aiiy surplus remain
of the property of 1iny partner after paying Ilis Individual bankrup~t shall not abate tile )roeeedlings, bt the same shitll
and conc.luded Ill the saile mllanner, so far as pos-
debts, suth surplus shall be added to the partnership assets be conducted
sible, as though lie had not died or becole insane. Ili ease
a11 be applied to tile payilliat of the partnership debts. Should
of death the widow and children shall le entitled to till rights
any surplus of the partnership property remain after paying
of dower and allowance fixed by the laws of the State of tile
the partner.0il) dehts, such surplus shall Ile added to tile assets
of tlhe inlividual partners in tle proportion of their respective baukrupt's residence. (July 1, 18 8, c. 511, § 8, :t0 Stat. 519.)
27. Same; protection and detention.- (a) A iankript shall
interests ik the lartnership.
be exempt fronl arrest upon civil process e-xcel)t Ill tile following
(g) The court may permit the proof of the claim of the
and vice cases: (1) Winii issued from a court of lankruptcy for con-
lartnersilpl estate against tile individual estates,
tempt or diso,bedlence of ifs lawful orders; (2) when Issued
versa, and IaIy marshal tile assets of tile partnership estate
fromi II Saite court having jlarisdleit 1ol, an1d served within such
and Illividual estates so as to prevent preferences and secure
S itte, up0 a debt or claiiiil front whil Ills discharge ill
the equitable distribution of tile prolerty of the several estates. bankcrup~tcy would not be it rehease, and )it sunchl vase hev shall
(i) Ill the event of iex or more but not all of the inenbers
be exempt fi )111 ,.ili arrest when ll alttn(lance u1pon II court
of a partnershlip being adjudged bankrupt, the partnership
of bankmrupey or engaged 1in the perforlanco of a duty ill-
property sliall not b0 administered in bankruptcy, unless by
coisent of the partner or partners not adjudged bankrupt; posed by flie provisions of this title.
h.ut such partner or partners not adjudged bankrupt shall settle (b) The judge may, at tiny litle after tile filing of a petitilon
the partnership business as expeditiously as Its nature will per- by or against it person, and] bef,,re tle expi'tion of one 11on1h
mit, 'lld account for the Interest of the partner or partners after tle qualificatioln of tIle trustee, upon salisfac. ory proof
adjudged bankrupt. (July 1, 1893, c. 511, § 5, 30 Stitt. 547.) ily tile aflhiavits of lit least two lesl'on that sit(1h Inlkrupt
is about to leave tile district Ill which hIe resides or ha his
24. Same; 'exemptions.-The provisions of this title shall not
affMee2 tile allowance to blankrupts of the exemptions which are prilcipli lia'ce of bu1shlc. to avoid examin1tio, an1d that IIlis
prescribed by tile State laws Ili force at the time of the filing departure will defeat the proceedings ill bankruptcy, issue a
of tile petition Ill tile State whereiln they have had their domicile warrant to tile nlarsial, directing lili to bring suech bankruIt
for the six niontlis or tle greater portion thereof immediately forthwith before tile court for exanminatli. If upon hearing
pr'ecedh.g le filing of the petition. (July 1, 1898, c. 541, § 0, tile evience of tile parties It shall apiear to tile court or u
S0 Stat. 548.) judge thereof that the allegations arc true and that it Is
 § 28 TITLE 11.--BANKRUPTCY 246
necessary, he shall order such marshal to keep such bankrupt dismissed. Whenever a composition is not confirmed, the
in custody not exceeding ten days, but not Inprison him, until estate shall be administered in bankruptcy as herein provided.
he shall be examined and released or give bail conditioned for (July 1, 1898, c. 511, § 12, 30 Stat. 549; June 25, 1010, c. 412,
his appearance for examination, from time to time, not exceed- - 1 5, 86 Stat. 839.)
Ing in all ten days, as required by the court, and for his 31. Same; when set aside.-Tlie jdge may, upon the applica-
obedience to all lawful orders made in' reference thereto. tion of parties in interest filed at any time within six months
(July 1, 1898, e. 541, § 9, 30 SIat. 540.) after a composition has been confirmed, set the same aside and
28. Same; extradition.--Wheever a warrant for the appre-* reinstate the case If it shall be made to appear upon
a trial
hension of a bankrupt shall have been issued, and he shall that fraud was practiced in the procuring
of such composition,
have been found within the jurisdiction of a court other than and that the knowledge thereof has come to the letitioners
the oe issuing the warrant, he may be extradited in the same since the confirmation of such composition. (July 1,
1898, c.
manner in which persons under indictment were extradited on 541, 1 13, 80 Stat. 550.)
July 1, 1898, from one district within which a district court 32. Discharges; when granted.-(a) Any person may, after
has Jurisdiction to another. (July 1, 1898, c. 541, § 10, 80 the expiration of one month and within the next twelve months
Stat. 519.) subsequent to being adjudged a bankrupt, file an application
29. Same; suits by and against.-(a) A suit which is founded for a discharge in the court of bankruptcy in
which the pro-
upon a claim from NIhich a discharge would be a rel6ase, ceedings are pending; if it shall be made to
appear to the judge
and which Is pending against a person at the time of the filing that the bankrupt was unavoidably prevented
from filing it
of a letitiou against him, shall be stayed until after an adju- within such time, it may be filed within
but not after the expira-
dication or the dismissal of tie petition; if such person Is tion of the next six months.
adjudged a bankrupt, such action may be further stayed until (b) The judge shall hear the application for a discharge
twelve months after the date of such adjudication, or, If within and such proofs and pleas as may
be made in opposition thereto
that time such person applies for a discharge, then until the by the trustee or other parties li interest,
at such time as will
question of such discharge is determined. give the trustee or parties in interest a reasonable opportunity
(b) The court may order the trustee to enter his appear- to be fully heard, and investigate the merits of
the application
ance and defend any pending suit against the bankrupt. and discharge the applicant unless he has (1) committed an
(c) A trustee may, with the approval of the court, be per- offense punishable by imprisonment as herein
provided; or (2)
mitted to prosecute as trustee any suit commenced by the with Intent to conceal his financial condition,
destroyed, con-
bankrupt prior to the adjudication, with like force and effect cealed, or failed to keep books of account
or records from
as though it had been commenced by him. which such coffdition might be ascertained; or (3) obtained
(d) Suits shall not be brought by or against a trustee of a money or property on credit upon a
materially false statement
bankrupt estate subsequent to two years after the estate has in writing, made by him to any person
or his representative
been closed. (July 1, 1898, e. 541, § 11, 80 Stat. 549.) for the purpose of obtaining credit from such person; or (4) at
30. Compositions; when confirmed.-(a) A bankrupt may any time subsequent to the
first day of the four months imume-
offer, either before or after adjudication, terms of composition diately preceding the filing
of the petition transferred, re-
to his creditors after, but not before, he has been examined In moved, destroyed, or concealed,
or permitted to be removed,
open court or at a meeting of his creditors, and has filed in destroyed, or concealed,
any of his property, with intent to
court the schedule of his property and the list of his creditors hinder, delay, or defraud his creditors;
or (5) In voluntary pro-
required to be filed.by bankrupts. In compositions before ad- ceedings been
granted a discharge in bankruptcy within six
Judication the bankrupt shall file the required schedules, and years; or (0)
in the course of the proceedings in bankruptcy
thereupon the court shall call a meeting of creditors for the refused
to obey any lawful order of, or to answer any material
allowance of claims, examination of the bankrupt, and preser- question approved
by the court. A trustee shall not interpose
vation or conduct of estates, at which meeting the judge or objections to
a bankrupt's discharge until he shall be muthorized
referee shall preside; and action upon the petition for ad-
so to do at a meeting of creditors called for that purpose.
Judication shall be delayed until it shall be determined whether
(c) The confirmation of a composition shall discharge the
such compositon shall be confirmed.
bankrupt from his debts, other than those agreed to be paid by
(b) An application for the confirmation of a composition
the terms of the composition and those not affected by a dis,
may be filed in the court of bankruptcy after, but not before,
charge. (July 1, 1898, c. 541, 1 14, 30 Stat. 550; Feb. 5, 1903,
It has been accepted In writing by a majority in number of all
c. 487, § 4, 32 Stat. 707; June 25, 1910, e. 412, § 6, 30 Stat. 839.)
creditors whose claims have been allowed, which number must
33. Same; when revoked.-The judge may, upon the applica-
represent a majority In amount of such claims, and the con-
tion of parties in interest who nave not b,.a guilty of undue
sideration to be paid by tile bankrupt to his creditors, and
laches, filed at any time within one year after a discharge shall
the money necessary to pay all debts which have priority and
have been granted, revoke it upon a trial if it shall be made
the cost of the proceedings, have been deposited in such place
to appear that it was obtained through the fraud of the bank-
as shall be designated by and subject to the order of the judge.
rupt, and that the knowledge of the fraud has come to the peti-
(c) A date and place, with reference to the convenience of
tioners since the granting of the discharge, and that the actual
the parties in Interest, shall be fixed for the hearing upon each
facts did not warrant the discharge. (July 1, 1898, c. 541, § 15,
allication for the confirmation of a composition, and such
80 Stat. 550.)
objections as may be made to its confirmation.
34. Co-debtors of bankrupts.-The liability of a person who
(d) The judge shall confirm a composition if satisfied that
(1) It is for the best interests of the creditors; (2) the bank- is a co-debtor with, or guarantor or in any manner a surety for,
a bankrupt shall not be altered by the discharge of such bank-
rupt has not been guilty of any of the acts or failed to per-
rupt. (July 1, 1898, c. 5il, § 10, 30 Stat. 550.)
form any of the duties which would be a bar to his discharge;
35. Debts not affected by a discharge.-A discharge in bank-
and (8) the offer and its acceptance are in good faith and have
ruptcy shall release a bankrupt from all of his provable debts,
not been made or procured except as herein provided, or by
except such as (first) are duo as a tax levied by tire United
any means, pronilses, or acts herein forbidden.
States, the State, county, district, or municipality in which lie
(e) Upon the confirmation of a composition, the considera-
resides; (second) are liabilities for obtaining property by false
tion shall be distributed as the judge shall direct, and the case
pretenses or false representations, or for willful and malicious
 TIT.ILE? 1I.-ANKRtUPT.U6Y § 44
Injuries to the person or property of another, or for alimony after the last day on which pleadings may be filed, anid none
due or to become (dife, or for inalntenanee or support of wife or have been filed by the bankrupt or any of his creditors, the
child, or for seduction of tn unmarried female, or for breach clerk shall forthwith refer tile case to tilte referee.
of promise of marriage accompanled by seduction, or for crihi- (g) Upon the filing of a voltntary petlitio the judge sh1all
nal conversation ; (third) have not been duly scheduled In time hear the petition and miake tile adJudlclion01or dislilss tlc PC-
for proof and allowance, with the name of the creditor, if titiloIl. If tile judge is absent from tile dib;trIct, or- the dlivisio
known to the bankrupt, unless such creditor had notice or of tile district in 1lch tile lletitlon is filed fit tile tie of the
actual knowledge of the proceedings ilibankruptcy ; or (fourth) filing, tie clerk shllll fortlhwith refer tile ase to tiie referee.
were created by his fraud, embezzlemnt, mlsapproprlation, or (July 1, 1898, c. 541, § 18, 30 Stat. 551; Feb. 5, 1903, c. 487,
defalcation while acting as an officer or in tny fiduciary 00, :12 Stat. 798.)
capaclty; or (fifth) are for wages duu to worknm, clerks, 42. Jury trials.-(a) A person against whom nit ilvollitlry
traveling or city salesmen, or servants, which have been carnied petition has been illd shall be entitled to h:ve u trial by
wIthin three months before the date of commencement of the jury, in respect to tie questiloll of Ils lllsolvmicy, except as
proceeliugs In bankruptcy; or (sixth) are due for moneys of holvela otherwise proviled, find aiy act of Iankruptcy aileged
an employee received or retained by his eml)loyer to secure the in such petition to have been conlitted, upon filing is written
faithful performance by such employee of the terms of a con- alicatlion therefor at or before tie tline within wilicih lilt
tract of employment. (July 1, 1898, c. 541, § 17, 30 Stat. 550; -lliswer lly be filed. If stici application is not flied within
Feb. 5, 1903, c. 487, § 5, 32 Stat. 71?8; Mar. 2, 1917, c. 153, 39 such time, a trial )y jury 1hll be deemed to have been wNaived.
Stit. 099; Jan. 7, 1122, c. 22, 42 Stat. 354.) (b) If a jury is nlot in attendance upon the court, one fully
lIe specially summnoned for the trill, or the case may be lost-
Chapter 4.-COUItTS ANI) PROCEI)UIRE THlEREIN.
polled.
See. (c) Tile right to submit matters Ill controversy, or an oh-
41. Process. pleading", told adjudlntlons. leged oflense under tile lrovisions of this title, to it jury shall
42. Jury IIlals.
4:3. Ouths, affirinations. be determlined lnd enjoyed, except as provihled it tlis title,
44. Evideice. according to the United States laws in force In relation to trials
4 5o.Re'ference after adJudleathon. by jury. (July 1, 1898, c. 541, § 19, 30 Stat. 551; Mar. 3, 1011, c.
10. Juridilction; United States and State courts.
2:11, § 289, 3 Stat. 1167.)
47. Slae; appellate jurisdiction.
418. Appeals and writs of error. 43, Oaths, afirirations.-(a) Oaths required by this title,
411. Arbitration. except upon iearings ill court, may be admuinistered biy (1)
50. Compromi ses. referees; (2) officers authorized to adlinister oatlis Ill proceed-
51,. )eslginlon of newspapers. ings before the courts of the United States, or under tile
52. Offenises.
53. Rules, forms, and orders. laws of tile State where the same are to be taken; and (3)
54. Computatln of tine. diplonntic or consular officers of tile United States Ill ally
55. Transfer of eases. foreign country.
Section 41. Process, pleadings, and adjudications.-(a) Upon (h) Any person conscientiously opposeId to taking fn oath
the filing of a petition for involuntary bankruptcy, service may, in lieu thereof, atlirm. Any person who shall athiri
thereof, with a .wrjt of sublena, shall be made upon the ierson flsely sll be Inished as for the making of a false oati.
therein named as defendant ill tile same manner that service of (July 1, 1898, e. 541, § 20, 30 Stat. 551.)
such pi ocess was had on July 1, 1898, upon the commencement 44. Evidence.- (a) A court of bankruptcy lnaty, upon1 alpll-
of a stilt in equity in the courts of the United Slates, except cation of ally officer, banklilt, or creditor, by order require
that It shall be returnable within fifteen days, unless the judge any designated person, Including the hankrupt find his wife,
slall for cause fix a longer time; but in case personal service to appear ill court or before a referee or the judge of any
can not be made, then notice shall be given by publication in Slate court, to le examined concerning the acts, conduct, or
the sane manner and for the sane time as provided by law prolpiry of a bankrupt whose estate is il pro'es of niihils-
for notice by publication in sults to enforce a legal or equit- tration iunder the provisions of this title. The wife fully be
able lien in courts of the United States, except that, unless the examined only touching business transacted by her or to whibh
judge shall otherwise direct, the order shall be published not she is a party, and to determine the fact whether she hts
more thn once a week for two consecutive weeks, and the re- transacted or been a party to fifty business of the bankrupt.
turn day shall be tea days after the last 1publicltion unles., (b) The right to take depositions in proceedings under
the judge shall for cause fix a longer time. thislitle shall be (letermlined ind enjoyed accordig to tile
(b) The bankrupt, or fifty creditor, may appear and plead United States laws ilt force relating to tile taking of dllosi-
to the petition within five days after the return day, or within 1iolls, except as heren provlide(l.
such further time is tile court fnly allow. (c) Notice of the takilg of deplositlons shall be filed with
(c) All lpleadings sett'ing up matters of fact shall be verified file referee In every case. When depositions are to be titeni
under oath. il opposition to tile allowance (f at claha notice slall also
(d) If the bankrupt, or ainy of hli creditors, shall appear, iie served upoln tile claimant, ind when Iin opposition to a
wilthif the (line limited, and controvert the facts alleged hi discharge notice shalt also be served upon tile bankrupt.
the petition, the judge shall deternilne, as soon as may le, the (d) Certiled copies of proceedings before a referee, or of
issues presented by the pleadings, without the intervention of papers, when issued by the clerk at referee, shall be admitted
a jury, except in cases where a jury trial is given by the pro- as evidence with like force and effect a1-, certified copies of
visions of this title, in( make tile adjudication or dismiss the records of district courts of the United Stateq tire admitted
file petition. as evidence.
(e) If on the last day wthia which plea'lings miay be filed (e) A certified copy of the order aipprevilg the bond of a
none are filed by the bankrupt or any of his creditors, the trustee shall constitute concuisive evhlice of the vest ing ill
judge shall ol the next day, if present, or ans soon thereafter as 1111 of the title to tile properly of the Inkrupt, amid if re-
practicable, make the adjudication or dismiss the petition. corded shall impart tile same notice til a deed fromi the bank-
(f) If the judge Is absent from the district, or the division rupt to the trustee if recorded would have Ilmarted had not
of tie district Ili which the petition Is pendlig, oi tha next day bankruptcy proceedings Intervened.