Section 5. Any person arrested on civil process may make an assignment for the benefit of his creditors in the manner herein set forth and may thereupon present his petition to the court issuing the same, accompanied by the assignment, inventory, schedules, and oath required, or copies thereof, if the process was issued by a different court from that which has jurisdiction of such assignment, and praying a rule to show cause why he should not be discharged from arrest. The court to which the petition is presented shall grant the rule, returnable at some convenient time, unless the case is one requiring the petitioner's imprisonment, shall discharge the petitioner pending the hearing of said rule, upon his paying the fees due the jailer, if any, and upon his entering such security for his appearance, surrender, and compliance with the decrees of the court, and his requirement of this act, as the court shall deem requisite. Actual notice of the rule shall be given to the plaintiff in the process, or his counsel of record, and to all creditors whose addresses are known to the petitioner; and publication thereof shall be made twice in a weekly newspaper published in the county, and twice in a daily newspaper published in the county, if there be any, and once in the legal periodical, if any, designated by the court, and an affidavit of such service and publication shall be filed in the cause at least three days before the day fixed for the hearing. Notice to creditors non-resident in the county may be made by registered letter. Upon the hearing of the rule, which shall be at the bar of the court, and at which the petitioner shall answer all questions put to him, and shall produce all papers and books required of him, if it shall appear to the court that the petitioner has duly assigned all his property for the benefit of his creditors, that he has not violated any of the provisions of this act, and that all the claims against him would be discharged by the creditors accepting a dividend, as by this act provided, the court shall forthwith discharge him from arrest; and he shall not thereafter be liable to arrest in said proceedings, or upon any claim existing at that time, unless upon petition to said court, and with notice to the insolvent, it shall afterwards be made to appear that, under this act, he should have been or should be imprisoned. If, however, he shall refuse to answer relevant questions, or to produce his books and papers, or it shall appear that he has violated any of the provisions of this act, or that any of the claims against him would not be discharged by the creditors accepting a dividend, as by this act provided, he shall be discharged from arrest only upon undergoing such imprisonment not exceeding ninety days, as the court shall require. If the petitioner fails to give notice as required, or to appear, or to surrender himself within forty- eight hours, or to comply with the decrees of the court or the provisions of this act, his bond shall thereby be forfeited; and recovery may be had thereon by the assignee, for the use of all the creditors of the insolvent, and he may be rearrested by an alias or pluries writ. A surrender, to be valid, must be accompanied by a certified copy of the order of the court, or of the writ under which the arrest was originally made. The assignment, once made, shall proceed in the usual course. The benefits of this section shall not extend to any person who has been attached for failure to comply with an order or decree requiring him to make an assignment, execute a conveyance, or to do any other specific act, until he shall, in fact, have done so, nor shall it in any manner affect the liability of the petitioner to imprisonment for crime.
(5 amended Jun. 9, 1911, P.L.728, No.301)