Several acts of bankruptcy may be joined in the same petition.1 The same petition in voluntary bankruptcy may be presented on behalf of a partnership and on behalf of each member individually; provided that the schedules contain the individual debts and assets, as well as those of the firm.5 A petition cannot join with a prayer for the adjudication of the bankrupt debtor, one for an injunction against third persons, such as attaching creditors; or a receiver of a State court; nor a prayer for the seizure of the property by the marshal. The petition must state the jurisdictional facts. In charging acts of does not estop them from filing a voluntary petition. Re HargadineMcKittrick Dry Goods Co., 239 Fed. 155. Where one of three directors was hostile to the others and endeavoring to secure a preference, it was held that the resolution was not void because passed at a meeting of which he had no notice. Re Kenwood Ice Co., 189 Fed. 525. In the absence of a restrictive provision in the State statutes for the charter, a resolution by the stockholders is not required. Re Kenwood Ice Co., 189 Fed. 525 (Minn.); Re Guanacevi Tunnel Co., C. C. A., 201 Fed. 316 (New York); Re Foster Paint & Varnish Co., 210 Fed. 652 (Pennsylvania); Bell v. Blessing, 225 Fed. 750 (California); Rudebeck v. Sanderson, C. C. A., 227 Fed. 575 (Washington); Re Hargadine-McKittrick Dry Goods Co., 239 Fed. 155 (Missouri); Re United Grocery Co., 239 Fed. 1016 (Florida); Fitts v. Custer Slide Mining & Development Co., C. C. A., 266 Fed. 864 (Colorado). Creditors have no right to object to a voluntary petition because it was filed without the consent of the stockholders. Re United Grocery Co., 239 Fed. 1016. An injunction forbidding interference with the possession of State receivers by the corporation and its officers and forbidding all creditors from taking steps to enforce their claims except in the suit in which the injunction was granted does not prevent the corporation or any of its creditors from instituting proceedings in bankruptcy. Re Yaryan Naval Stores Co., C. C. A., 214 Fed. 563. Exhibits attached to the petition are no parts thereof unless it contains a reference to them; but they may be considered upon a motion to amend so as to include them. Doty v. Mason, 244 Fed. 587, 591. 4 Bradley Timber Co. v. White, C. C. A., 121 Fed. 779; Re Nusbaum, 152 Fed. 835; Re Ball, 156 Fed. 682. 5 Re Gay, 98 Fed. 870. Cf. Re McFaun, 96 Fed. 592. 6 Re Ogles, 93 Fed. 426. As to time of filing amended petition, see Re R. L. Radke Co., 193 Fed. 735. 7 Re Ogles, 93 Fed. 426. 8 Mather v. Coe, 92 Fed. 333; Re Ogles, 93 Fed. 426. 9 Re Plotke, C. C. A., 104 Fed. 964, 5 Am. B. R. 171; Re Louisell Lumber Co., C. C. A., 209 Fed. 784. Cf., § 655, infra. A petition for involuntary bankruptcy must show the occupation of the bank bankruptcy, the petition must allege facts; not conclusions of But rupt. Re Callison, 130 Fed. 987; Rise v. Bordner, 140 Fed. 566, or that the bankrupt is not within the exceptions to the statute. Re Bellah, 116 Fed. 69; Re Mero, 128 Fed. 630; Re Callison, 130 Fed. 987; Re Brett, 130 Fed. 981; Rise v. Bordner, 140 Fed. 566; Edelstein v. U. S., C. C. A., 9 L.R.A. (N.S.) 236, 149 Fed. 636; Woolford v. Diamond State Steel Co., 138 Fed. 582. Contra, Re Stern, C. C. A., § 604; Conway v. German, C. C. A., 166 Fed. 67. it has been held that an omission of such averments is not a jurisdictional defect. Conway v. German, C. C. A., 166 Fed. 66, a case of an individual; Re N. Y. Tunnel Co., C. C. A., 166 Fed. 284. The allegation that a corporation “is engaged in the business and was incorporated for the purpose of building houses'' was held to be sufficient to aver that it was engaged in manufacturing. Re Kingston Realty Co., 157 Fed. 299; Re White, 135 Fed. 199. So is an averment, that the corporation was engaged in the general retail merchandise business and was neither a municipal, railroad, insurance, nor banking corporation. Sabin V. Blake-McFall Co., C. C. A., 223 Fed. 501. It must show the jurisdictional requirements concerning residence. Re Plotke, C. C. A., 104 Fed. 964. It should show: the nature of the claims of the petitioners, and that they are provable; Re Farthing, 202 Fed. 557, holding that an allegation was insufficient which stated: that petitioners owned negotiable notes executed by the alleged bankrupt which were due and ow Re ing to them, giving the amount of the notes held by each petitioner, but not stating the dates of execution or maturity, nor the payees therein named, nor whether singly or as jointly with another executed by him as principal or as endorser; in case of a judgment, the nature of the claim that is the foundation thereof should be stated. Re R. L. Dadke Co., 193 Fed. 735. It should show that each debt is not barred by the statute of limitations. Ibid.; but this need not be stated with the particularity requi site in the proofs of debt. Brett, 130 Fed. 981; Remington on Bankruptcy, § 243. See Re Pangborn, 185 Fed. 673. That provable claims to the requisite amount exist against the alleged bankrupt. Doty v. Mason, 244 Fed. 587, 589. Where one of the petitioners acquired his claim by assignment after the commission of the act of bankruptcy, a copy of such assignment need not be annexed to the petition. Re H. E. Page Motor Car Co., 251 Fed. 318. Since the proceedings date from the filing of the petition, it is sufficient to show that the petitioners were creditors upon that date. Re H. E. Page Motor Car Co., 251 Fed. 318. The following averment was held to be sufficient and not repugnant: "Dryer, Bollam & Co., a copartnership, money due on open account from Equal Rights Company, Incorporated, a corporation, upon a stated account ren- . dered July 2, 1914, $80.00.'' Sabin v. Blake-M 'Fall Co., C. C. A., 223 Fed. 501, 504. Where the act of bankruptcy is a general assignment the petition should show the dates when the claims of the law.10 Allegations, in the words of the statute, are insufficient; 11 petitioners were acquired and it is the safer practice to aver that neither they nor their assignors, if any there were, assented thereto, Re Farthing, 202 Fed. 557. An involuntary petition must aver that the defendant is insolvent and has committed an act of bankruptcy within the preceding four months, Re Lachenmaier, C. C. A., 203 Fed. 32; except where the act of bankruptcy was a general assignment for the benefit of creditors when insolvency need not be averred. Moody-Hormann-Boelhauwe v. Clinton Wire Cloth Co., C. C. A., 246 Fed. 653; but in voluntary proceedings it need only aver that the petitioner owes debts which he is unable to meet and that he wishes to take the benefits of the act. Ibid. An allegation of insolvency alone was held to be insufficient as a conclusion of law, Re Connecticut Brass & Mfg. Corp., 257 Fed. 445. But see Graham Mfg. Co. v. DavyPocahontas Coal Co., C. C. A., 238 Fed. 488. For a sufficient allegation of an intent to prefer, see Re Heleker Bros. Mercantile Co., 216 Fed. 963. 10 Re Cliffe, 94 Fed. 354; Remington on Bankruptcy, § 252. 11 Re Cliffe, 94 Fed. 354; Re Deer Creek Water & Water Power Co., 205 Fed. 205. For allegations concerning the application by a bankrupt for the appointment of the receiver, see Doyle-Kidd Dry Goods Co. v. Sadler-Lusk Trading Co., 206 Fed. 813; Re Valentine Bohl Co., C. C. A., 224 Fed. 685. But see Graham Mfg. Co. v. DavyPocahontas Coal Co., C. C. A., 238 Fed. 488. Where the petition alleges that the debtor suffered creditors to obtain a preference through legal proceedings, it must specify the details of the transaction which constitutes such preference. Re Cliffe, 94 Fed. 354; Re Pressed Steel Wagon Goods Co., 193 Fed. 811; Re McGraw, 254 Fed. 442. The allegations that the defendant committed an act of bankruptcy by confessing a judgment to a certain party, upon which judgment was entered, an execution, attachment and a fi. fa. issued, and the goods of the defendant levied upon by the sheriff were held to be insufficient. Pittsburgh Laundry Supply Co. v. Imperial Laundry Co., 154 Fed. 662; Re Truitt, 203 Fed. 550; supra, § 623. But see Re Fineman, 223 Fed. 652; Re Musgrove Mining Co., 234 Fed. 99. So was an allegation that an attachment has been made in a legal proceeding, without any statement of the disposition thereof. Re Vetterman, 135 Fed. 443. In partnership cases, where insolvency is an essential element of the act of bankruptcy, the petition must show the insolvency of each partner, as well as the insolvency of the firm. Re Blair, 99 Fed. 76; Vaccaro v. Security Bank, C. C. A., 103 Fed. 436. But see Re Cliffe, 94 Fed. 354. Form number three of the Appendix to the Bankruptcy Rules should be used mutatis mutandis for a petition in involuntary bankruptcy against a partner. Mather v. Coe, 92 Fed. 333; First State Bank of Corwith, Iowa v. Haswell, C. C. A., 174 Fed. 209. Where a preference is charged, the names of the creditors and the times, places and circumstances of the preference must be alleged. Re except those concerning a general assignment, or the appointment of a receiver or a trustee, or an admission in writing; 12 but when the jurisdictional facts are set forth in the language of the statute, such an objection cannot be raised after the adjudication,18 nor probably after answer.14 § 627a. Schedules. A petition in voluntary bankruptcy must be accompanied by schedules with a reference to the ledger and vouchers showing the names, with their residences, a description of the nature and consideration of the debts of all the creditors, separately specifying those to whom priority is secured by law, those who hold securities with the particulars of the security, and in case of unsecured creditors, whether they hold any judgment, bond, bill of exchange, promissory note, &c., and whether contracted as partner or joint contractor with any other person, and if so, with whom. The schedules must also contain statements of the liabilities of the bankrupt on notes or bills discounted which ought to be paid by the drawers, makers, acceptors, or indorsers, with specifications of the same; of all accommodation paper signed, accepted, or indorsed by him and unpaid; of all property owned by the bankrupt, with specifications, and separately classified as real estate, personal property, choses in action, property in reversion, remainder, or expectancy, includ Nelson, 98 Fed. 76; reversed on another ground, Wilson Bros. V. Nelson, 183 U. S. 191, 46 L. ed. 147, 22 Sup. Ct. 74; Re Pure Milk Co., 154 Fed. 682; Re Sig. H. Rosenblatt & Co., C. C. A., 193 Fed. 638; Re Pressed Steel Wagon Goods Co., 193 Fed. 811; Re Hallin, 199 Fed. 806; Re Condon, C. C. A., 209 Fed. 800; unless the names, Chicago Motor Vehicle Co. v. American Oak Leather Co., C. C. A., 141 Fed. 518; or the circumstances, Re Bellah, 116 Fed. 69; Re Mero, 128 Fed. 630, are stated to be unknown. An averment that preferences had been made by the payments of unknown amounts to unknown creditors was held to be insufficient. Re MasonSeaman Transportation Co., 235 Fed. 944. The petition must show that the act of bankruptcy was committed within the four months preceding. Re Louisell Lumber Co., C. C. A., 209 Fed. 784. It was held to be sufficient to aver that the debtor owned certain described real estate in a specified county and gave specified creditors a preference by confessing judgments which were docketed there. Re Truitt, 203 Fed. 550. 12 Remington on Bankruptcy, $ 255. 13 Houghton Wool Co. v. Morris, C. C. A., 249 Fed. 434; Re Cliffe, 94 Fed. 354. 14 Ibid. § 627a. 1 Pollack v. Meyer Bros. Drug Co., C. C. A., 233 Fed. 861. ing property held in trust for the debtor, or subject to any power or right to dispose of or to charge; a particular itemized statement of the property claimed as exempt; 2 and a list of all books, papers, deeds and writings relating to the bankrupt business and the estate which are in existence, with the names of the persons who hold them in their possession. "In all cases of involuntary bankruptcy, in which the bankrupt is absent or cannot be found, it shall be the duty of the petitioning creditor to file, within five days after the date of the adjudication, a schedule giving the names and places of residence of all the creditors of the bankrupt, according to the best information of the petitioning creditor. If the debtor is found, and is served with notice to furnish a schedule of his creditors and fails to do so, the petitioning creditor may apply for an attachment against the debtor, or may himself furnish such schedule as aforesaid."4 2 Infra, § 650. 3 General Order XXXVIII. Form 1. See Sellers v. Bell, C. C. A., 94 Fed. 801; Re Colaluca, 133 Fed. 255; Re Maples, 105 Fed. 919. Cf. Re Yates, 114 Fed. 365. A voluntary petition may in the discretion of the court be dismissed when the schedules show no debts that would be barred by a discharge. General Order IX, infra, § 636. 4 General Order IX. If any part of the schedules would necessarily incriminate a bankrupt, the court might refuse to punish him by contempt for a refusal to file such part. See supra, §§ 339a, 339b. Such a refusal might however be a ground for denying his application for a discharge, infra, § 656. For a case where it was held that the schedules would not necessarily incriminate the bankrupt, see Re Podolin, 205 Fed. 563, aff'd Podolin v. Lesher Warner Dry Goods Co., C. C. A., 210 Fed. 97. The filing of the schedules is no waiver of the right to cross-examination tending to show omissions of matters which the bankrupt is required to disclose therein, Arnstein v. McCarthy, 254 U. S. 71. The schedules are admissible in evidence against the bankrupt in a criminal prosecution, Ensign v. Pennsylvania, 227 U. S. 592, 33 Sup. Ct. 321, 57 L. ed. 658; U. S. v. Green, 220 Fed. 973. As to the effect upon the discharge of the bankrupt of the omission of an asset from his schedules, see infra, § 656. As to the effect upon the discharge of a debt of its omission from the schedules, see infra § 657. A partner who is not a bankrupt may be compelled to file schedules in a proceeding against the firm, Armstrong v. Fisher, C. C. A., 224 Fed. 97; but not when his membership in the firm is a matter of serious dispute, Re Samuels, C. C. A., 215 Fed. 845. Schedules filed by one partner are not conclusive evidence against another who has not participated therein. Horner v. Hamner, C. C. A., 249 Fed. 134. The bankrupt may be permitted to amend his schedules, General Order, |