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Wherefore your petitioners pray that the said firm may be adjudged by a decree of the court to be bankrupts within the purview of said acts.
the petitioning debtors mentioned and described in the foregoing petition, do hereby make solemn oath that the statements contained therein are true according to the best of their knowledge, information, and belief.
Subscribed and sworn to before me this
A. D. 18–
[Schedules 'to be annexed corresponding with schedules under Form No. 1.]
[FORM NO. 3.)
To the Honorable
judge of the District Court of the United States for the district of The petition of
respectfully shows: That
has for the greater portion of six months next preceding the date of filing this petition, had his principal place of business, [or resided, or had his domicile) at
in the county of and State and district aforesaid, and owes debts to the amount of $1,000. That your petitioners are creditors of said
having provable claims amounting in the aggregate, in excess of securities held by them, to the sum of $500. That the nature and amount of your petitioners' claims are as follows:
And your petitioners further represent that said
is insolvent, and that within four months next preceding the date of this petition the said
committed an act of bankruptcy, in that he did heretofore, to wit, on the
Wherefore your petitioners pray that service of this petition, with a subpæna, may be made upon
as provided in the acts of Congress relating to bankruptcy, and that he may be adjudged by the court to be a bankrupt within the purview of said acts.
being three of the peti-
this day of
Tofficial Character.] [Schedules to be annexed corresponding with schedules under Form No. 1.]
Upon consideration of the petition of
that be declared a bankrupt, it is ordered that the said
do appear at this court, as a court of bankruptcy, to be holden at
in the district aforesaid, on the
at o'clock in the noon, and show cause, if any there be, why the prayer of said petition should not be granted; and
It is further ordered that a copy of said petition, together with a writ of subpæna, be served on said
by delivering the same to him personally or by leaving the same at his last usual place of abode in said district, at least five days before the day aforesaid. Witness the Honorable
-, judge of the said court, and the seal thereof, at in said district, on the
day of A. D. 18
[FORM NO. 5.]
SUBPENA TO ALLEGED BANKRUPT.
United States of America,
in said district, greeting: For certain causes offered before the District Court of the United States of America within and for the district of
as a court of bankruptcy, we command and strictly enjoin you, laying all other matters aside and notwithstanding any excuse, that you personally appear before our said District Court to be holden at
in said district, on the day of A. D. 189—,
to answer to a petition filed by in our said court, praying that you may be adjudged a bankrupt; and to do further and receive that which our said District Court shall consider in this behalf. And this you are in no wise to omit, under the pains and penalties of what may befall thereon. Witness the Honorable
judge of said court, and the seal thereof, at
A. D. 189—
day of - A. D. 18. And now the said
appears, and denies that he has committed the act of bankruptcy set forth in the said petition, or that he is insolvent, and avers that he should not be declared bankrupt for any cause in said petition alleged; and this he prays may be inquired of by the court (or, he demands that the same may be inquired of by a jury).
Subscribed and sworn to before me this
A. D. 18
(FORM NO. 7.]
ORDER FOR JURY TRIAL.
In the District Court of the United States for the
In the matter of
18– Upon the demand in writing filed by
alleged to be a bankrupt, that the fact of the commission by him of an act of bankruptcy, and the fact of his insolvency may be inquired of by a jury, it is ordered, that said issue be submitted to a jury.
To the marshal of said district or to either of his deputies, greeting:
Whereas a petition for adjudication of bankruptcy was, on the day of A. D. 184, filed against
of the county of and State of
in said district, and said petition is still pend. ing; and whereas it satisfactorily appears that said has committed an act of bankruptcy (or has neglected or is neglecting, or is about to so neglect his property that it has thereby deteriorated or is thereby deterior: ating or is about thereby to deteriorate in value], you are therefore authorized and required to seize and take possession of all the estate, real and personal, of said
-, and of all his deeds, books of account, and papers, and to hold and keep the same safely subject to the further order of the court.
Witness the Honorable
judge of the said court, and the seal thereof, at in said district, on the of
A. D. 189—
RETURN BY MARSHAL THEREON.
By virtue of the within warrant, I have taken possession of the estate of the within-named
and of all his deeds, books of account, and papers which have come to my knowledge.
Marshal (or Deputy Marshal].
Fees and expenses.
1. Service of warrant
3. Actual expenses in custody of property and other services
[Here state the particulars. ]
Marshal (or Deputy Marshall. District of - A, D, 18Personally appeared before me the said
and made oath that the above expenses returned by him have been actually incurred and paid by him, and are just and reasonable.
Referee in Bankruptcy.
(FORM NO. 9.]
BOND OF PETITIONING CREDITOR.
Know all men by these presents: That we,
as principal, and
as sureties, are held and firmly bound unto in the full and just sum of dollars, to be paid to the said
executors, administrators, or assigns, to which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally by these presents.
Signed and sealed this day of —-, A. D. 189—,
The condition of this obligation is such that whereas a petition in bankruptcy has been filed in the district court of the United States for the district of against the said
and the said