Section 128. Proceedings on presentation of petition  


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  • Upon the presentation
      of the petition, schedule, and affidavit, with due proof of  service  or
      publication,  as  prescribed  in the last three sections, the court must
      make an order, directing the petitioner to be brought before  it,  on  a
      day  designated  therein;  and  on that day, or on such other days as it
      appoints, the court must, in a summary way,  hear  the  allegations  and
      proofs  of  the parties. If the court is satisfied that the petition and
      schedule are correct, and that the petitioner's proceedings are just and
      fair, it must make an order, directing the petitioner to execute, to one
      or more trustees, designated in the order,  an  assignment  of  all  his
      property, not expressly exempt by law from levy and sale by virtue of an
      execution;  or  of  so  much  thereof  as  is  sufficient to satisfy the
      execution or executions, by virtue of which he is imprisoned.