a copy hereof in the designated newspaper of such alleged bankrupt's residence, not later than one week prior to such date. Cross-references.- Compare Form No. 101 and the foot-notes thereto. Clerk. Form No. 103 ORDER OF DISMISSAL ON PETITION OF PETITIONING CREDITORS AND AFTER NOTICE IN INVOLUNTARY CASE In the District Court of the United States for the District 54 19..., filed herein for an adjudication in bankruptcy against..... and application was subsequently made for a dismissal of such proceeding and petition by the petitioners therein, and an order to show cause having been granted thereon, and notice having been given as provided in said order, such matter having been regularly called and no creditor having appeared to oppose,55 and the court being satisfied that said petition should be granted [denied]; now, on motion of Esq., attorney for It is ordered: That the petition herein to have adjudicated bankrupt and the proceedings thereon be, and the same hereby are, dismissed.56 54. Or, if by the bankrupt, or for want of prosecution, state the facts. 55. Or, if a creditor appeared, note appearance and the facts. 56. Or, if the application for dismissal is refused, change to conform to the order made. court, and the seal thereof, at the city of .... Judge of the said in said Cross-references.- See 88 18 and 59; also Forms Nos. 101 and 102 and the foot-notes thereto. Form No. 104 ORDER DISMISSING INVOLUNTARY PROCEEDINGS BY CONSENT (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 41.) At a stated term of the United States Upon reading and filing the annexed consents of the creditors herein, the affidavit of .. .., the alleged bankrupt, duly verified, and the consents of the receiver and the attorneys for the petitioning creditors and receiver, and it appearing to the satisfaction of the court that all the creditors of the above named alleged bankrupt have signed said annexed consent, and due notice having been given, it is, on motion of ., attorneys for the above named alleged bankrupt, on the Ordered that the petition in involuntary bankruptcy filed herein. day of 19..., against the above be and the same hereby is dismissed, with named out costs; and it is further Ordered that receiver, turn over to the said the alleged bankrupt, all the property, assets and effects now in his possession, and that upon the delivery of said property and assets to the said the said ....." is hereby discharged of his trust and his bond cancelled and discharged. Cross-references.- See §§ 18, 58, 59, ante. Verified list of creditors with addresses should be attached. D. J. Order dismissing petition.— In re Plymouth Cordage Co., et al. (C. C. A., 8th Cir.), 13 Am. B. R. 665, 135 Fed. 1000, 68 C. C. A. 434. Necessary except when upon merits. In re Jamaica Slate Roofing and Supply Co., 28 Am. B. R. 763, 197 Fed. 240. Section 58-a no application to dismissal upon the merits. Lackawanna Leather Co. v. La Porte Carriage Co. (C. C. A., 7th Cir.), 31 Am. B. R. 658, 211 Fed. 318, 127 C. C. A. 604. In re Chalfein (D. C., Mass.), 35 Am. B. R. 257, 223 Fed. 379. Neustadter v. Chicago Dry Goods Co., 3 Am. B. R. 96, 96 Fed. 830. Costs. When petition is dismissed for lack of jurisdiction. See, In re Philadelphia and Lewes Transportation Co. (D. C., Pa.), 11 Am. B. R. 444, 127 Fed. 896. In re Williams (D. C., Ark), 9 Am. B. R. 736, 120 Fed. 34. The alleged bankrupt should file his bill of costs with the clerk and serve notice of taxation. In re Haesler-Kohlhoff Carbon Co., 14 Am. B. R. 381, 135 Fed. 867. No allowance to counsel or for damages. In re Ghiglione, 1 Am. B. R. 580, 93 Fed. 186. In re Wise (D. C., Wash.), 32 Am. B. R. 510, 212 Fed. 567. In re Hines, 16 Am. B. R. 538, 144 Fed. 147. In re McKenzie (D. C., Wash.), 34 Am. B. R. 111, 219 Fed. 630. Dismissal of petition filed by bona fide creditors in the absence of malice will not sustain an action for damages in the State court. Harvey v. Gartner (La. Sup. Ct.), 34 Am. B. R. 301. Form No. 105 NOTICE OF MOTION TO VACATE ADJUDICATION (Hagar and Alexander's Bankruptcy Forms, No. 40.) Please take notice that upon the annexed petition of duly verified the ....... day of .... on the ... 19..., and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this court at a term thereof, to be held in the United States Court House at day of .... 19..., at ... o'clock in the noon of that day or as soon thereafter as counsel can be heard, for an order vacating and setting aside the alleged adjudication in bankruptcy herein, and all proceedings thereon, and dismissing the petition heretofore filed herein, and for such other and further relief as to the court may seem just and proper in the premises. Form No. 106 PETITION TO VACATE ADJUDICATION AND DISMISS VOLUNTARY PETITION FOR WANT OF JURISDICTION (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 42.) 1. That he is a creditor of the above named having a provable claim for $..... .... in the sum of 2. That on the day of .... 19..., the said filed his voluntary petition in bankruptcy in this Court and on said day was adjudicated a bankrupt and the proceeding referred to Esq., one of the referees in bankruptcy in this district. 3. That such order of adjudication and reference was erroneous and should not have been made as this Court is entirely without jurisdiction to adjudicate the said a bankrupt for the .... .. does not now reside nor has reason that the said .. he resided for the greater portion of the six months next preceding the filing of his said petition, within the territorial jurisdiction of this Court nor has he had his domicile or principal place of business therein; but resides and has resided at in the District ... in ... and the statements of of .... his said petition as to his residence by which this Court assumed jurisdiction to adjudicate him a bankrupt, are entirely false and untrue. 4. That the facts as alleged herein by petitioner were ascertained as follows: 5. That the adjudication herein was made as a matter of course. |