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Session Laws, 1880
Volume 395, Page 269   View pdf image (33K)
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WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR. 269

petition mentioned in the succeeding section is filed


within sixty days after the act of insolvency is com-


mitted.


SEC. 24. A petition may be filed in any of said


courts having the right to take jurisdiction of the


debtor so committing any act of insolvency in the


preceding section mentioned, by any one or more


creditors, the aggregate of whose debts against the


insolvent amount to at least the sum of two hundred


and fifty dollars, at any time within sixty days after


the recording of any of the conveyances, creation of


liens, or committing of any of the acts of insolvency


in this act specified. The said petition shall allege

Petition to

the facts upon which the application is grounded,

allege facts

and pray for process against the debtor, and an adju-


dication 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 within not less than five nor more than


ten days, why such adjudication shall not be made.


Upon any issue of fact which may arise, either party


shall be entitled to a trial by jury, but the parties to


said cause may waive the said 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 peti-


tion was filed, and as speedily as may be; and pend-


ing the determination of the application for such ad-


judication, the court may, in its discretion, issue an


order in the nature of an injunction, to restrain the

May issue in-

debtor from disposing of his property, or such other

junction

orders, and upon such terms and conditions as the


court may deem necessary; and the court shall pos-


sess power to allow any amendments necessary to


present the rights of the matter. If the allegations


of the petition shall not be sustained, the respondent


shall recover a judgment for costs against the peti-


tioner ; and if the allegations be sustained and are


sufficient to warrant the same, an adjudication shall


be made by the court, that the debtor is insolvent ;


and thereupon, and by virtue of the adjudication,


his right and power to dispose of any part of his es-


tate and property shall cease, and when the court


shall have appointed a preliminary trustee, all such
estate and property shall, as soon as the bond of such


trustee shall have been approved, be divested out of




 

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Session Laws, 1880
Volume 395, Page 269   View pdf image (33K)
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