Section 356. Proceedings on return of order to show cause  


Latest version.
  • Upon the return
      of an order to show cause, made as prescribed in the last section, proof
      of the service  thereof,  as  required  thereby,  must  first  be  made;
      whereupon  the  court  must  hear  the  allegations  and  proofs  of the
      creditors, and other persons interested in the estate, who appear. Where
      the prisoner is indebted to any person, the court must  appoint  one  or
      more  trustees, unless the persons interested in the prisoner's property
      pay the debt, or give such security, as the court  prescribes,  for  the
      payment  thereof,  either absolutely, or contingently upon a recovery in
      an action; in which case or where the  prisoner  is  not  indebted,  the
      court may grant or deny the prayer of the petition, as justice requires.