earner. clude the sale and every other and different mode of disposing of or parting with property, or the possession of property, absolutely or conditionally, as a payment, pledge, mortgage, gift, or security; (26) "trustee" shall include all of the trustees of "trustee.” an estate; (27) "wage-earner shall mean an individual who -"wageworks for wages, salary, or hire, at a rate of compensation not 225 exceeding one thousand five hundred dollars per year; (28) words Words in masimporting the masculine gender may be applied to and include 206 corporations, partnerships, and women; (29) words importing-importing, the plural number may be applied to and mean only a single plural. person or thing; (30) words importing the singular number-importing. may be applied to and mean several persons or things. CHAPTER II. culine gender. singular. CREATION OF COURTS OF BANKRUPTCY AND THEIR JURISDICTION. Courts of bankruptcy. courts. court, D. C. § 2. That the courts of bankruptcy as herein before defined, -U. S. district viz., the district courts of the United States in the several States, 119 the supreme court of the District of Columbia, the district courts -supreme of the several Territories, and the United States courts in the -Territorial Indian Territory and the District of Alaska, are hereby made courts. courts of bankruptcy, and are hereby invested, within their respective territorial limits as now established, or as they may bankrupt. be hereafter changed, with such jurisdiction at law and in Jurisdiction. equity as will enable them to exercise original jurisdiction in bankruptcy proceedings, in vacation in chambers and during their respective terms, as they are now or may be hereafter held, to (1) adjudge persons bankrupt who have had their prin--to adjudge cipal place of business, resided, or had their domicile within their respective territorial jurisdictions for the preceding six months, or the greater portion thereof, or who do not have their principal place of business, reside, or have their domicile within the United States, but have property within their jurisdictions, or who have been adjudged bankrupts by courts of competent jurisdiction without the United States and have property within their jurisdiction; (2) allow claims, disallow claims, reconsider allow and allowed or disallowed claims, and allow or disallow them against claims, etc. bankrupt estates; (3) appoint receivers or the marshals, upon appoint reapplication of parties in interest, in case the courts shall find 119, 755 it absolutely necessary, for the preservation of 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, etc. and the agents, officers, members of the board of directors or trustees, or other similar controlling bodies, of corporations for violations of this Act, in accordance with the laws of procedure of the United States now in force, or such as may be disallow ceivers, etc. -try and punish bankrupts, 119, 755 -to permit temporary hereafter enacted, regulating trials for the alleged violation of laws of the United States; (5) authorize the business of banktransaction of rupts to be conducted for limited periods by receivers, the marbusiness. shals, or trustees, if necessary in the best interests of the estates; additional per- (6) bring in and substitute additional persons or parties in prosons in pro- ceedings in bankruptcy when necessary for the complete deter-to collect and mination of a matter in controversy; (7) cause the estates of -to substitute ceedings, etc. distribute assets. -to close estates. 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 the final accounts and discharging the trustees, and reopen them whenever -to confirm or it appears they were closed before being fully administered; (9) sitions. confirm or reject compositions between debtors and their cred-to modify, itors, and set aside compositions and reinstate the cases; (10) reject compo etc.. referees' findings. -determine exemptions. - discharge - enforce orders. -extradite bankrupts. 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 bankbankrupts,etc. rupts and set aside discharges and reinstate the cases; (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 - make orders. to other districts; (15) make such orders, issue such process, and enter such judgments in addition to those specifically provided for as may be necessary for the enforcement of the provisions of this Act; (16) punish persons for contempts 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 therefor against the unsuccessful party, or the successful party for cause, or in part against each of the parties, and against estates, in proceedings in bankruptcy; and (19) transfer cases to other courts of bankruptcy. - punish for contempt. -appoint trustees. -tax costs. -transfer cases. Unspecified powers. Bankrupts. 225 Acts of bankruptcy. -of what to consist. Nothing in this section contained shall be construed to deprive a court of bankruptcy of any power it would possess were certain specific powers not herein enumerated. CHAPTER III. BANKRUPTS. § 3. ACTS OF BANKRUPTCY.- a Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, or defraud his creditors, or any of them; or (2) transferred, 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 insolvent, any creditor to obtain a preference through legal proceedings, 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 assignment for the benefit of his creditors; or (5) admitted in writing his inability to pay his debts and his willingness to be adjudged a bankrupt on that ground. filed within to date. b A petition may be filed against a person who is insolvent Petition to be and who has committed an act of bankruptcy within four months four months after the commission of such act. Such time shall not expire until four months after (1) the date of the record- from when ing or registering of the transfer or assignment when the 227 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 recording or registering is required or permitted, or, if it is not, from the date when the beneficiary takes notorious, exclusive, or continuous possession of the property unless the petitioning creditors have received actual notice. of such transfer or assignment. solvency. c It shall be a complete defense to any proceedings in bank- Defense of ruptcy instituted under the first subdivision of this section to allege and prove that the party proceeded against was not insolvent as defined in this Act 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 burden of on the alleged bankrupt. d Whenever a person against whom a petition has been filed as herein before provided under the second and third subdivisions proof. of this section takes issue with and denies the allegation of his Person denying insolvency. insolvency, it shall be his duty to appear in court on the hearing, with his books, papers, and accounts, and submit to an examination, and give testimony as to all matters tending to estab--to testify. lish solvency or insolvency, and in case of his failure to so attend and submit to examination the burden of proving his solv--burden of ency shall rest upon him. proof, etc. e Whenever a petition is filed by any person for the purpose of having another adjudged a bankrupt, and an application is made to take charge of and hold the property of the alleged bankrupt, or any part of the same, prior to the adjudication and pending a hearing on the petition, the petitioner or appli- Petitioner to cant shall file in the same court a bond with at least two good give bond. and sufficient sureties who shall reside within the jurisdiction of said court, to be approved by the court or a judge thereof, in such sum as the court shall direct, conditioned for the payment, in case such petition is dismissed, to the respondent, his -liability for or her personal representatives, all costs, expenses, and damages occasioned by such seizure, taking, and detention of the property of the alleged bankrupt. costs, etc. costs, etc. If such petition be dismissed by the court or withdrawn by allowance of the petitioner, the respondent or respondents shall be allowed all costs, counsel fees, expenses, and damages occasioned by such seizure, taking, or detention of such property. Counsel fees, costs, expenses, and damages shall be fixed and allowed by the court, and paid by the obligors in such bond. Counsel fees, etc., to be fixed Who may become bankrupts. -voluntary. -involuntary. Partnership. 226, 734 -administra § 4. WHO MAY BECOME BANKRUPTS.-a Any person who owes debts, except a corporation, shall be entitled to the benefits of this Act as a voluntary bankrupt. b Any natural person, except a wage-earner or a person engaged chiefly in farming or the tillage of the soil, any unincorporated company, and any corporation engaged principally in manufacturing, trading, printing, publishing, or mercantile pursuits, owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt upon default or an impartial trial, and shall be subject to the provisions and entitled to the benefits of this Act. Private bankers, but not national banks or banks incorporated under State or Territorial laws, may be adjudged involuntary bankrupts. § 5. PARTNERS.-a A partnership, during the continuation of the partnership business, or after its dissolution and before the final settlement thereof, may be adjudged a bankrupt. b The creditors of the partnership shall appoint the trustee; tion of estate. in other respects so far as possible the estate shall be administered as herein provided for other estates. -jurisdiction c The court of bankruptcy which has jurisdiction of one of over one part the partners may have jurisdiction of all the partners and of the administration of the partnership and individual property. mer sufficient. -trustee's duty. -expenses. 226, 733 -payment of partnership debts. d The trustee shall keep separate accounts of the partnership property and of the property belonging to the individual partners. e The expenses shall be paid from the partnership property and the individual property in such proportions as the court shall determine. f The net proceeds of the partnership property shall be appropriated to the payment of the partnership debts, and the net proceeds of the individual estate of each partner to the payment -payment of of his individual debts. Should any surplus remain of the property of any partner after paying his individual debts, such surplus shall be added to the partnership assets and be applied individual debts. partnership to the payment of the partnership debts. Should any surplus-surplus of of the partnership property remain after paying the partner- property. ship debts, such surplus shall be added to the assets of the individual partners in the proportion of their respective interests in the partnership. nership vidual estates, g The court may permit the proof of the claim of the part- Claims of partnership estate against the individual estates, and vice versa, against indiand may marshal the assets of the partnership estate and individual estates so as to prevent preferences and secure the equitable distribution of the property of the several estates. etc. tion of estate bankrupt. h In the event of one or more but not all of the members of Administraa partnership being adjudged bankrupt, the partnership prop- where all parterty shall not be administered in bankruptcy, unless by consent pers are not of the partner or partners not adjudged bankrupt; but such 374 partner or partners not adjudged bankrupt shall settle the partnership business as expeditiously as its nature will permit, and account for the interest of the partner or partners adjudged bankrupt. bankrupts. § 6. EXEMPTIONS OF BANKRUPTS.- a This Act shall not af- Exemption of fect the allowance to bankrupts of the exemptions which are prescribed by the State laws in force at the time of the filing of the petition in the State wherein they have had their domicile for the six months or the greater portion thereof immediately preceding the filing of the petition. rupts speci 555 $ 7. DUTIES OF BANKRUPTS.- a The bankrupt shall (1) at- Duties of banktend the first meeting of his creditors, if directed by the court fled. or a judge thereof to do so, and the hearing upon his application 43, 888 for a discharge, if filed; (2) comply with all lawful orders of the court; (3) examine the correctness of all proofs of claims filed against his estate; (4) execute and deliver such papers as shall be ordered by the court; (5) execute to his trustee transfers of all his property in foreign countries; (6) immediately inform his trustee of any attempt, by his creditors or other persons, to evade the provisions of this Act, coming to his knowledge; (7) in case of any person having to his knowledge proved a false claim against his estate, disclose that fact immediately to his trustee; (8) prepare, make oath to, and file in court within ten days, unless further time is granted, after the adjudication, if an involuntary bankrupt, and with the petition if a voluntary bankrupt, a schedule of his property, showing the amount and kind of property, the location thereof, its money value in detail, and a list of his creditors, showing their residences, if known, if unknown, that fact to be stated, the amounts due each of them, the consideration thereof, the security held by them, if any, and a claim for such exemptions as he may be entitled to, all in triplicate, one copy of each for the clerk, one for the referee, and one for the trustee; and (9) when present at the first |