198 



CONGRESS. (UNIFORM SYSTEM OF BANKRUPTCY.) 



filed at any time within one year after a discharge 

 shall have been granted, revoke it upon a trial if it 

 shall be made to appear that it was obtained through 

 the fraud of the bankrupt, and that the knowledge 

 of the fraud has come to the petitioners since the 

 granting of the discharge, and that the actual facts 

 did not warrant the discharge. 



SKC. 16. Codebtors of bankrupts. a. The lia- 

 bility of a person who is a codebtor with, or guar- 

 antor or in any manner a surety for, a bankrupt 

 shall not bo altered by the discharge of such bank- 

 rupt. 



"SEC. 17. Debts not affected by a discharge. a. 

 A discharge in bankruptcy shall release a bankrupt 

 from all of his provable "debts, except such as (1) 

 are due as a tax levied by the United States, and 

 State, county, district, or municipality in which he 

 resides; (2) are judgments in actions for frauds, or 

 obtaining property by false pretenses or false repre- 

 sentations, or for willful and malicious injuries to 

 the person or property of another; (3) have not 

 been duly scheduled in time for proof and allow- 

 ance, with the name of the creditor if known to the 

 bankrupt, unless such creditor had notice or actual 

 knowle Ige of the proceedings in bankruptcy ; or (4) 

 were created by his fraud, embezzlement, misappro- 

 priation, or defalcation while acting as an officer or 

 in any fiduciary capacity. 



"CHAPTER IV. COURTS AND PROCEDURE THEREIN. 



"SEC. 18. Process, pleadings, and adjudications. 

 a. Upon the filing of a petition for involuntary 

 bankruptcy, service thereof, with a writ of sub- 

 poena, shall be made upon the person therein 

 named as defendant in the same manner that serv- 

 ice of such process is now had upon the com- 

 mencement of a suit in equity in the courts of the 

 United States, except that it shall be returnable 

 within fifteen days, unless the judge shall for cause 

 fix a longer time ; but in case personal service can 

 not be made, then notice shall be given by publica- 

 tion in the same manner and for the same time as 

 provided by law for notice by publication in suits 

 in equity in courts of the United States. 



- S. The bankrupt, or any creditor, may appear 

 and plead to the petition within ten days after the 

 return day, or within such further time as the court 

 may allow. 



" c. All pleadings setting up matters of fact shall 

 be verified under oath. 



" d. If the bankrupt, or any of his creditors, shall 

 appear, within the time limited, and controvert the 

 facts alleged in the petition, the judge shall deter- 

 mine, as soon as may be, the issues presented by the 

 pleadings, without the intervention of a jury, except 

 in cases where a jury trial is given by this act, and 

 make the adjudication or dismiss the petition. 



" e. If on the last day within which pleadings may 

 be filed none are filed by the bankrupt or any of his 

 creditors, the judge shall on the next day, if present, 

 or as soon thereafter as practicable, make the adju- 

 dication or dismiss the petition. 



"/. If the judge is absent from the district, or 

 the division of the district in which the petition is 

 pending, on the next day after the last day on 

 which pleadings may be filed, and none have been 

 filed by the bankrupt or any of his creditors, the 

 clerk shall forthwith refer the case to the referee. 



"g. Upon the filing of a voluntary petition the 

 judge shall hear the petition and make the adjudi- 

 cation or dismiss the petition. If the judge is ab- 

 sent from the district, or the division of the district 

 in which the petition is filed, at the time of the 

 filing, the clerk shall forthwith refer the case to the 

 referee. 



" SEC. 19. Jury trials. a. A person against whom 

 an involuntary petition has been filed shall be en- 



titled to have a trial by jury, in respect to the ques- 

 tion of his insolvency, except as herein otherwise 

 provided, and any act of bankruptcy alleged in 

 such petition to have been committed, upon filing 

 a written application therefor at or before the time 

 within which an answer may be filed. If such ap- 

 plication is not filed within such time, a trial by 

 jury shall be deemed to have been waived. 



"6. If a jury is not in attendance upon the court, 

 one may be specially summoned for the trial, or the 

 case may be postponed, or, if the case is pending 

 in one of the district courts within the jurisdiction 

 of a circuit court of the United States, it may be 

 certified for trial to the circuit court sitting at the 

 same place, or by consent of parties when sitting at 

 any other place in the same district, if such circuit 

 court has or is to have a jury first in attendance. 



"c. The right to submit matters in controversy, 

 or an alleged offense under this act, to a jury shall 

 be determined and enjoyed, except as provided by 

 this act. according to the United States laws now in 

 force or such as may be hereafter enacted in relation 

 to trials by jury. 



" SEC. 20. Oaths, affirmations. a. Oaths required 

 by this act, except upon hearings in court, may be 

 administered by (1) referees ; (2) officers authorized 

 to administer oaths in proceedings before the courts 

 of the United States, or under the laws of the State 

 where the same are to be taken ; and (3) diplomatic 

 or consular officers of the United States in any for- 

 eign country. 



" b. Any person conscientiously opposed to taking 

 an oath may, in lieu thereof, affirm. Any person 

 who shall affirm falsely shall be punished as for the 

 making of a false oath. 



"SEC. 21. Evidence. a. A court of bankruptcy 

 may, upon application of any officer, bankrupt, or 

 creditor, by order require any designated person, 

 including the bankrupt, who is a competent wit- 

 ness under the laws of the State in which the pro- 

 ceedings are pending, to appear in court or before 

 a referee or the judge of any State court,, to be 

 examined concerning the acts, conduct, or property 

 of a bankrupt whose estate is in process of adminis- 

 tration under this act. 



" b. The right to take depositions in proceedings 

 under this act shall be determined and enjoyed 

 according to the United States laws now in force, 

 or such as may be hereafter enacted relating to the 

 taking of depositions, except as herein provided. 



" c. Notice of the taking of depositions shall be 

 filed with the referee in every case. When depo- 

 sitions are to be taken in opposition to the allow- 

 ance of a claim notice shall also be served upon the 

 claimant, and when in opposition to a discharge 

 notice shall also be served upon the bankrupt. 



" d. Certified copies of proceedings before a ref- 

 eree or of papers, when issued by the clerk or ref- 

 eree, shall be admitted as evidence with like force 

 and effect as certified copies of the records of dis- 

 trict courts of the United States are now or may 

 hereafter be admitted as evidence. 



"e. A certified copy of the order approving the 

 bond of a trustee shall constitute conclusive evi- 

 dence of the vesting in him of the title to the 

 property of the bankrupt, and if recorded shall 

 impart the same notice that a deed from the bank- 

 rupt to the trustee if recorded would have imparted 

 had not bankruptcy proceedings intervened. 



"/. A certified copy of an order confirming or 

 setting aside a composition or granting or setting 

 aside a discharge, not revoked, shall be evidence of 

 the jurisdiction of the court, the regularity of the 

 proceedings, and of the fact that the order was made. 



" ff. A certified copy of an order confirming a 

 composition shall constitute evidence of the revest- 

 ing of the title of his property in the bankrupt, and 



