ROBERT M. McLANE, ESQUIRE, GOVERNOR.

405

which any of the copartners are residents of this state ;

the petition by or against said copartnership shall be

filed in the court having insolvent jurisdiction in the

place where said copartnership business is carried on,

Where filed.

or if such business is carried on in different places., the

court in which the petition is first filed shall have exclu-

sive jurisdiction; all the joint stock and property of the

copartnership, and all the separate estate of each of the

partners, shall vest in and be conveyed to the prelimi-

nary and permanent trustees, except such parts as are

hereinbefore excepted; the creditors of the firm and

of the respective partners may prove their respective

Prove debts.

debts; the permanent trustee shall be chosen by the

copartnership creditors; he shall keep separate ac-

counts of the joint stock or property of the copartner-

ship, and of the separate estate of each member there-

of; and after deducting out of the whole amount re-

ceived by the permanent trustee the whole of the ex-

penses and disbursements, the net proceeds of the joint

stock shall be appropriated to pay the creditors of the

copartnership, and the net proceeds of the separate

estate of each partner shall be appropriated to pay

his separate creditors; if there is any balance of the

Pay separate

separate estate of any partner, after the payment

debts.

of his separate debts, such balance shall be added

to the joint stock for the payment of the joint

creditors; and if there is any balance of the

joint stock after payment of the joint debts,

such balance shall be appropriated to and divided

among the separate estates of the several partners,

according to their respective right and inter-

est therein, and as it would have been if the partner-

ship had been dissolved without any insolvency; and

the sum so appropriated to the separate estate of each

partner shall be applied to the payment of his sepa-

How applied.

rate debts; the discharge shall be granted or refused

to each partner as the same would be or ought to be

if the proceedings had been against him alone; in all

other respects the proceedings by or against partners

shall be conducted in the like manner as if they had

been commenced and conducted by or against one

person alone; all the provisions of this article which

apply to the debtor, or set forth his duties in regard to

furnishing schedules or inventories executing papers,

submitting to examinations, disclosing, making over,

secreting, concealing, conveying, assigning or paying