1314 INSOLVENTS. [ART. 47

dollars, at any time within four months after the recording of
any of the conveyances, creation of liens, or committing of
any of the acts of insolvency in this article specified; the said
petition shall allege the facts upon which the application is
grounded, and pray for process against the debtor and an.
adjudication of insolvency, and shall 'be verified by the affidavit
of the petitioner; the court shall thereupon issue summons for
the debtor and require him to show cause in not less than five
nor more than ten days why such adjudication shall not be
made; upon any issue of fact which may arise out of said
petition and answer, either party shall be entitled to a trial by
jury, but the parties to said cause may waive the jury trial and.
-be heard by the court on the issue of fact, and the trial shall
take place at the term during which the petition was filed and
as speedily as may be; and if the petition be filed in any
circuit court for any county during the term and whilst the
jury shall be in attendance thereon, the court shall not dis-
charge the petit jury until the parties to said petition shall file
their waiver of a jury trial, as hereinbefore provided; and if
the petition be filed in any such court after the jury has been,
discharged for the term, the court or any judge thereof, shall,
upon the demand of a jury trial by either party as aforesaid,
order the sheriff to summon a special jury, which shall be con-
vened in not less than five nor more than ten days from the
date of such order, to hear and determine the question of fact
between the parties; provided that the said petition shall be
filed more than thirty days prior to the beginning of a new
term of said court, and pending the determination of the appli-
cation for such adjudication and pending any question of the
validity of any preference by mortgage, judgment or otherwise,
and of any gift, sale, assignment, conveyance or transfer or
removal of all or any part of the property of the debtor with
intent to hinder, delay or defraud his creditors, or to give an.
unlawful preference to any creditor, endorser or surety, the
court or any judge thereof shall, on the application of the
petitioner, issue an order in the nature of an injunction to
restrain the debtor and the mortgagee, judgment creditor, donee,
vendee, assignee, grantee or other person having the custody
or claiming the title to any property or estate of the debtor,
from selling, disposing of, or in any way interfering with said
property or estate, until the question of adjudication shall have
been determined, and may issue such other orders upon suck
terms and conditions as the court may deem necessary for the
preservation and safe keeping of the property in controversy ;