1. From an order granting or refusing an adjudication of insolvency; 2. Allowing or rejecting a creditor's claim, in whole or in part; 3. Overruling a motion for a new trial; 4. Settling an account of an assignee; 5. Against or in favor of setting apart homestead or other property claimed as exempt from execution; 6. Granting or refusing a discharge to the debtor. The notice, undertaking, and procedure on appeal shall conform to the general laws of this State regulating appeals in civil cases, except that when the assignee has given an official undertaking and appeal from a judgment or order in insolvency, his official undertaking stands in the place of an undertaking on appeal, and the sureties therein are liable on such undertaking.* SEC. 68. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed; provided, however, that such repeal shall in no manner invalidate or affect any case in insolvency instituted and pending in any Court prior to the day when this Act shall take effect.† * U. S. R. S., Sec. 4980.—Appeals may be taken from the district to the circuit courts in all cases in equity, and writs of error from the circuit courts to the district courts may be allowed in cases at law, arising under or authorized by this title, when the debt or damages claimed amount to more than five hundred dollars; and any supposed creditor, whose claim is wholly or in part rejected, or an assignee who is dissatisfied with the allowance of a claim, may appeal from the decision of the district court to the circuit court for the same district. +5132a. ACT OF 1874-GENERAL REPEALING CLAUSE.-That all acts and parts of acts inconsistent with the provisions of this act, be, and the same are hereby repealed. APPENDIX. FORMS UNDER INSOLVENCY LAWS OF CALIFORNIA. No. 1200. BLANK PUBLISHED.* Petition by Debtor. In the Superior Court of the City and County of San Francisco, State of California. In the Matter of John Brown, An Insolvent Debtor. Petition by Debtor. To the Honorable the Superior Court of the City and County of San Francisco, State of California: The Petition of John Brown respectfully shows: That your Petitioner is, and for more than six months next preceding the filing of this Petition has been, a resident of the City and County of San Francisco, State of California; that he has since the sixteenth day of June, 1880, been engaged in the business of keeping a retail grocery at the City and County of San Francisco; that in consequence of bad debts due him and the loss of custom following the passage by the Legislature of the State of California, of the Act known as the Pedro Bill, your Petitioner has become, and is, insolvent, and utterly unable to pay his debts in full, and is an Insolvent Debtor within the true intent and meaning of the Act of the Legislature of California, entitled "An Act for the Relief of Insolvent Debtors, for the Protection of Creditors, and for the Punishment of Fraudulent Debtors," approved April 16, 1880, and being desirous of having the estate, property, and effects of your Petitioner applied to the payment of his debts and liabilities, proportionally, and without preference to any, he, for that purpose, is willing to and does surrender all his estate and effects for the benefit of his Creditors, in pursuance of the provisions of said Act; and your Petitioner, the Insolvent, declares that it is his desire to *The Schedules are published separately from the Petition, and are on sale by the publishers. Also, Schedules to Creditor's Petition. be discharged from all his debts and liabilities, and that he has truly described them all in the Schedules hereto annexed, according to the best of his knowledge and belief. The Schedule annexed, marked " A," contains a summary statement of the affairs of your Petitioner. The Schedule hereto annexed, marked "B," contains the names and place of residence of his Creditors, as near as he can now state them, and the sum due to each Creditor, the true nature of the indebtedness or demand, and the true cause and consideration thereof, and the time and place when and where said indebtedness accrued, and a statement of any existing pledge, lien, mortgage, judgment, or other security, for the payment of the same. The Schedule hereto annexed, marked "C," contains an accurate description of all the estate, both real and personal, of your Petitioner, including his homestead, and all property exempt by law from execution, the place where situated, and a statement of all incumbrances thereon. Wherefore your Petitioner prays to make a cession of his estate, and to be discharged from all claims, debts, liabilities, and demands set forth in the Schedule hereto annexed, or which may be proved against his estate in insolvency, in pursuance of the provisions of said Act. Dated this first day of December, 1880. John Brown, Petitioner. Geo. W. Tyler, Attorney for Petitioner. OATH TO PETITION. I, John Brown, do solemnly swear, that the Schedule, Petition, and Inventory now delivered by me, contain a full, perfect, and true discovery of all the estate, real, personal, and mixed, goods and effects, to me in any way belonging; all such debts as are to me owing, or to any person or persons in trust for me, and all securities and contracts, and contracts whereby any money may hereafter become payable, or any benefit or advantage accrue to me or to my use, or to any other person or persons in trust for me; that I have no lands, money, stock, or estate, reversion, or expectancy, besides that set forth in my Schedule and Inventory; that I have, in no instance, created or acknowledged a debt for a greater sum than I honestly and truly owe; that I have not, directly or indirectly, sold, or otherwise disposed of, or concealed any part of my property, effects, or contracts; that I have not in any way compounded with my creditors, whereby to secure the same, or to receive, or to expect, any profit or advantage therefrom, or to defraud or deceive any creditor to whom I am indebted, in any manner. help me God. Sworn and subscribed before me, this first day of December, 1880, L. S. Fred. P. Stone, Notary Public. John Brown. So SCHEDULE A. The following is a Summary Statement of Petitioner's affairs, with the estimated value of all his property and the amount of all incumbrances: Capital on the sixteenth day of June, 1880, cash. Value of Real Estate per Schedule "C," Value of Merchandise on hand per Amount of Debts due to Petitioner, as per Schedule "C," annexed hereto.. Value of Homestead, as per Schedule "C".. Value of all other Property exempt from ..... Amount of Incumbrances on all other Personal Property exempt from Execution, as per Schedule "C"... Amount of Incumbrances on other Personal Property, as per Schedule "C" ..... DOLLARS. C. 5,000 00 1,000 00 3,000 00 1,000 00 DOLLARS. C. 10,000 00 10,000 00 10,000 00 John Brown, Petitioner. |