WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR. 269
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petition mentioned in the succeeding section is filed
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within sixty days after the act of insolvency is com-
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mitted.
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SEC. 24. A petition may be filed in any of said
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courts having the right to take jurisdiction of the
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debtor so committing any act of insolvency in the
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preceding section mentioned, by any one or more
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creditors, the aggregate of whose debts against the
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insolvent amount to at least the sum of two hundred
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and fifty dollars, at any time within sixty days after
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the recording of any of the conveyances, creation of
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liens, or committing of any of the acts of insolvency
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in this act specified. The said petition shall allege
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Petition to
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the facts upon which the application is grounded,
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allege facts
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and pray for process against the debtor, and an adju-
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dication of insolvency, and shall be verified by the
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affidavit of the petitioner; the court shall thereupon
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issue summons for the debtor, and require him to
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show cause within not less than five nor more than
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ten days, why such adjudication shall not be made.
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Upon any issue of fact which may arise, either party
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shall be entitled to a trial by jury, but the parties to
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said cause may waive the said jury trial, and be
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heard by the court on the issue of fact ; and the trial
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shall take place at the term during which the peti-
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tion was filed, and as speedily as may be; and pend-
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ing the determination of the application for such ad-
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judication, the court may, in its discretion, issue an
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order in the nature of an injunction, to restrain the
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May issue in-
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debtor from disposing of his property, or such other
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junction
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orders, and upon such terms and conditions as the
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court may deem necessary; and the court shall pos-
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sess power to allow any amendments necessary to
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present the rights of the matter. If the allegations
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of the petition shall not be sustained, the respondent
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shall recover a judgment for costs against the peti-
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tioner ; and if the allegations be sustained and are
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sufficient to warrant the same, an adjudication shall
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be made by the court, that the debtor is insolvent ;
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and thereupon, and by virtue of the adjudication,
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his right and power to dispose of any part of his es-
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tate and property shall cease, and when the court
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shall have appointed a preliminary trustee, all such
estate and property shall, as soon as the bond of such
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trustee shall have been approved, be divested out of
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