Page:United States Statutes at Large Volume 18 Part 1.djvu/1039

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Trrnn 1.xr.—BANKRUP'1`OY.—Crr. 1-2. 967 _ Sec. 5013. In this Title the word “assi nee," and the word " cred- M¤¤i¤80f¤¤¤{¤¤¤ 1tor," shall include the plural also; and the word "messenger" shall “;"} °°'“¥"""*'°“ include his assistant or assistants, except in the provision for the fees TL-, of that officer. The word " marshalshall include the marshal’s 2 M¤*‘·» 1867, ¤· deputies; the word " person " shall also include " corporation;" and the .},13* “‘ *8· "‘ 1**1* word "oath" shall include "aHirmation.” And in all cases in which ` any particular number of days is prescribed by this Title, or shall be mentioned in any rule or order of court or eneral order which shall at any time be made under this Title, for the doing of any act, or for any other purpose, the same shall be reckoned, in the absence of any expression to the contrary, exclusive of the first and inclusive of the last day, unless the last day shall fall on a Sunday, Christmas day, or on any day appointed by the President of the United States as a day of public fast or thanksgiving, or on the Fourth of July, in which case the time shall be reckoned exclusive of that day also. CHAPTER TXVO. VOLUNTARY BANKRUPTCY. see. see. 5014. Petition and schedule. j 5018. Oath of allegiance. 5015. Schedule of debts. , 5019. Warrant to marshal. 5016. Inventory of property. 5020. Amendment of schedule. 5017. Oath to petition and schedule. Sec. 5011. If any person residing within the jurisdiction of the United Petition and States, and owing debts provable in bankruptcy exceedin the amount "°h°*l“l**‘· of three hundred dollars, shall apply by petition addressee? to the judge 2 Mar., 1867, t-. of the judicial district in which such debtor has resided or carried on U6, S- lb V- 14 P- business for the six months next preceding the time of filing such ti- 52; Jmw 1874 C tion, or for the lon est period during suc six months. Setting forthmhis 390,.¤_5,,—_ig,p_1}9: place of residence, his inability to pay all his debts in full, his willingness 22 June, 1874, c. to surrender all his estate and effects for the benefit of his creditors, and 39*% ·‘*- 15» *‘· .1*% P- bis desire to obtain a discharge from his debts, and shall annex to his petition a schedule and inventory. in compliance with the next two sec- Bu? 3 tions, the filing of such petition shall be an act of bankruptcy and such \vyQjm,k;:4B,nk_ petitioner shall be adjudged a bankrupt. greg., 130; In rtrity, -1 Bank. Beg., 148; In rr James L. F owlér, 1 Low., 161; In rc Goo(:§;Ii<¥w$ridLE\$i; 510; In rr Lyons, 2 Saw., 524; In re \Vright, 6 Biss., 317. 51-:0. 5015. The said schedule must contain a full and true statement Scheduleofdebts. of all his debts, exhibiting, as far as possible, to whom each debt is due, `J the place of residence of each creditor, if known to the debtor, and if not 176, s. 11: v. I4; ji: known the fact that it is not known; also the sum due to each creditor; 52l- the nature of each debt or demand, whether founded on W1'IiGt8D security, 3932 J""'- *87*% *'· . . . . .· ,s.15 1=.l8 . obli ation, or contract, or otherwise; the true cause and consideration m2_ ’ P of the indebtedness in each case, and the place where such indebtedness T—-ii-,H· e ee accrued; and also a statement of any existing mortgage, pledge, lien, 32{°,"z,;¢’Iiu1j$:,;· judgment, or collateral or other security given for the payment of the j)BZm,,3g1; fn ,-Z. same, rne, 1 Ben., 420. Sec. 5016. The said inventory must contain an accurate statement of Inventory of all the petitioner’s estate, both real and personal, assignable under this Title, describing the same and stating where it is situated. and whether 2 Mah. 1867. v- there are any, and, if so, what incum ranoes thereon. 17g;·};;z‘;1:§l;f2;- 390, n. 15, r. 18, p. 182.—L1 rc Hill, 1 Ben., 321; In re Sallee, 2 Bank. Sec. 5017. The schedule and inventory must be verified by the oath of Oeth to petition the petitioner, which may be taken either before the district judge, or PP‘l“"h°‘l"l°· . before a register, or before a commissioneizof the circuit court. ,73 !'H"y,;8gQ2‘i· Sec. 5018. Every citizen of the United States petitioning to be declared Ciatb i of hliegil bankrupt shall, on filing his petition. and before any proceedings thereon, *39g lr____ __

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