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HENRY LLOYD, ESQUIRE, GOVERNOR.
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 deter-
mination of the application for such adjudica-
tion, and pending any question of the validity
of any preference by mortgage, judgment or
otherwise, and of any gifts, sale, assignment,
conveyance, or transfer or removal of all or
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529
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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 credi-
tor, endorser or surety, the Court, or any Judge
thereof, shall, on the application of the peti-
tioner, issue an order in the nature of an in-
junction, to restrain the debtor and the mort-
gagee, judgment creditor, donee, vendee, as-
signee, grantee, or other person having the
•custody or claiming the title to any property
or estate of the debtor, from selling, dispos-
ing of, or in any way interfering with said
property or estate, until the question of ad-
judication shall have been determined, and
may issue such other orders upon such terms
and conditions as the Court may deem neces-
sary for the preservation and safe-keeping of
the property in controversy, and the Court
shall possess the power to allow any amend-
ments necessary to prevent the rights of the
matter; if the allegations of the petitioner
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 ad-
judication shall be made by the Court that the
debtor is insolvent, and therefore, and by vir-
tue of the adjudication, his right and power to
dispose of any part of his estate and prop-
erty shall cease, and when the Court shall
have appointed a preliminary trustee, all such
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Injunction.
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