UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY BANKRUPTCY LAW ANNOTATED BEING THE NATIONAL BAMEUPTCY ACT OF 1898 AS AMENDED FEBRUARY 5th, 1903. THE ORDERS IN BANKRUPTCY, THE OFFICIAL FORMS AND THE UNITED STATES EQUITY RULES. WITH ALL THE DECISIONS SINCE 1898, DIGESTED AND ARRANGED UNDER APPROPRIATE SECTIONS WITH FULL CROSS-REFERENCES, AND ALL FORMER BANKRUPTCY ACTS. TOGETHER WITH A LIST OF JUDGES, CLERKS AND REFEREES, WITH THEIR JURISDICTIONS. ERRATA. Page 48. Below Section 4-b insert "as amended by act of 1903, Section , of amended act, post. ' ' Page 114. Section 18-a, twelfth line from top, "in equity" should be nthin parenthesis. Page 127. Strike out "c" before the star in the last line of Section 23-b. Page 284. Strike out last line "as amended, etc." Page 361. Words in brackets "See General Order XXVII" should read See General Order XXXVII." Page 508. Under "Sixth Circuit" "Terms" in place of "Chicago" sad "Cincinnati." s THE BANKRUPTCY LAW ANNOTATED BEING THE NATIONAL BANKEUPTCT ACT OF 1898 AS AMENDED FEBRUARY 5th, 1903. THE ORDERS IN BANKRUPTCY, THE OFFICIAL FORMS AND THE UNITED STATES EQUITY RULES. WITH ALL THE DECISIONS SINCE 1898, DIGESTED AND ARRANGED UNDER APPROPRIATE SECTIONS WITH FULL CROSS-REFERENCES, AND ALL FORMER BANKRUPTCY ACTS. TOGETHER WITH A LIST OF JUDGES, CLERKS AND REFEREES, WITH THEIR JURISDICTIONS. BY SIDNEY CORNING EASTMAN, REFEREE IN BANKRUPTCY IN CHICAGO. CHICAGO : Ti H. FLOOD & CO. 1903. COPYRIGHTED 1903 BY SIDNEY CORNING EASTMAN. T f 1903 "The primary object of a bankruptcy law is to secure a just distribution of the bankrupt's property among his creditors; the secondary object is the release of the bank- rupt from the obligation to pay his debts." Justice Miller, in Wilson v. City Bank (1873), Sup. Ct. of U. S., 17 Wall. (U. S.), 473. PREFACE. The United States is the only civilized nation which has not had a permanent bankruptcy code. The laws of 1800, 1841 and 1867 were respectively repealed after a few years trial. The defects in each created a sentiment of opposi- tion which finally grew sufficiently strong to cause its destruction. Many have come to regard such legislation as necessarily short-lived and to believe its object should be like unto the old Jewish law, a periodical discharge for the financially crippled. The real object and value of bankruptcy law is, however, well shown in that early case, an extract from which is presented on a preceding page. The administrative feature of the law does not so forcibly arrest the attention of the casual observer as does the discharge part, yet in the former is the real effectiveness and utility of the law found. The Referees in Bankruptcy under the law of 1898, early in their experience, came together in convention and talked over the new law, compared notes, exchanged ideas and finally appointed committees to take up in a careful and elaborate manner all suggestions that were offered for im- P proving the law. Their labors resulted in the elaboration of an amendatory act which they presented to the com- mittees of the Senate and House of Representatives. Judge Hoar of the Senate and Congressman Ray of the House (now United States District Judge for the Northern Dis- trict of New York), cordially received these suggestions and invited further labors. The result is shown in the adoption of the amendment of February 5, 1903, which is incorporated in this volume. VI PREFACE. It is apparent that the interest which has been thus dis- played and the education which the country has had on the subject of bankruptcy legislation has made a change in public sentiment, and it is confidently asserted by those competent to speak that a national bankruptcy law has become a part of our jurisprudence, to be amended and improved from time to time, but never to be repealed. Every effort has been made to secure accuracy in the book and to avoid errors. For those errors that have crept in, the stress of preparation in the midst of exacting official duties will in a measure be an explanation. The author invites criticisms and suggestions from the users of this book. The author desires to make recognition of the valued assistance of Mr. Carl V. Wisner of the Chicago bar, in the preparation of this work. SIDNEY CORNING EASTMAN. CHICAGO, March, 1903. SCOPE NOTE. This volume is the outgrowth of a system of note taking made necessary in practice. It contains a brief notation of every decision which has found its way into print since the law of 1898 came into being, down to March 15, 1903. It does not claim to be a text book, but contains the features of an annotated statute and an index digest. It has been the effort to collect all the cases on the sub- ject of bankruptcy decided since 1898. To that end a careful search of all the reports, State and Federal, has been made. This has been done by going to the reports them- selves. The collections of bankruptcy cases in the National Bankruptcy News (cited N. B. N.) and in the American Bankruptcy Reports (cited A. B. R.) have been carefully examined, and all cases found therein digested and arranged under appropriate sections. One hundred and fifty cases or more have been found and digested, not now found in any series of reports devoted to bankruptcy decisions. The purpose has been to give the lawyer the use of all his library, and with that end in view reference has been made to the various reports in which each case is reported. Owing to the large number of cases and the fact that they cover every portion of the United States, the court, the district and the date of the case has been given so that the lawyer can see at a glance whether a case has been decided and is controlling in his district and circuit. A list of the judicial officers of the courts of bankruptcy has been added, as this information has not been found in any other publica- tion, and the numerous inquiries therefor seemed to justify its publication. It has been obtained by personal Vll SCOPE NOTE. correspondence with the clerks and referees in the various districts. In carrying out the original plan of placing under each section or paragraph all the decisions relating to it, with a short note of the substance of the case, it became apparent towards the close that by reason of the increasing number of cases some sections were overloaded. It was too late to attempt a curtailment, and it was deemed better to carry out the plan irrespective of the growing bulk. A difficulty arose which is apparent in that, owing to the somewhat incoherent shape which the act assumed from the manner of its production, many sections cross and inter- fere with each other, which resulted in an embarrassment in correctly placing the notes. The purpose has been to give the lawyer who has occa- sion to consider questions of bankruptcy law a complete working tool containing all the statute and case law. TABLE OF CONTENTS. SEC. PAGE. 8 U. S. Constitution 1 CHAPTER I. DEFINITIONS. SEC. 1 Meaning of Words and Phrases 3 CHAPTER II. CREATION OF COURTS OF BANKRUPTCY AND THEIR JURISDICTION. 2 Jurisdiction of Courts of Bankruptcy 11 CHAPTER III. BANKRUPTS. 3 Acts of Bankruptcy 32 4 Who May Become Bankrupts 47 5 Partners 51 6 Exemptions of Bankrupts 58 7 Duties of Bankrupts 69 8 Death or Insanity of Bankrupts 75 9 Protection and Detention of Bankrupts 76 10 Extradition of Bankrupts 78 11 Suits by and against Bankrupts 78 12 Compositions when Confirmed 85 13 Compositions, when Set Aside 89 14 Discharges, when Granted 89 15 Discharges, when Revoked 103 16 Co-debtors of Bankrupts 104 17 Debts not Affected by a Discharge 105 CHAPTER IV. COURTS AND PROCEDURE THEREIN. 18 Process, Pleadings, and Adjudications 113 19 Jury Trials , 119 20 Oaths, Affirmations 121 21 Evidence 122 22 Reference of Cases after Adjudication 125 23 Jurisdiction of United States and State Courts 126 24 Jurisdiction of Appellate Courts 132 25 Appeals and Writs of Error 135 X TABLE OF CONTENTS. PAGE. 26 Arbitration of Controversies 139 27 Compromises 139 28 Designation of Newspapers 139 29 Offenses 140 30 Rules, Forms, and Orders 142 31 Computation of Time 142 32 Transfer of Cases 143 CHAPTER V. OFFICERS, THEIR DUTIES AND COMPENSATION. 33 Creation of two Offices 145 34 Appointment, Removal, and Districts of Referees 145 35 Qualifications of Referees 146 36 Oaths of Office of Referees 147 37 Number of Referees 147 38 Jurisdiction of Referees 147 39 Duties of Referees 149 40 Compensation of Referees 152 41 Contempts before Referees 154 42 Records of Referees 156 43 Referee's Absence or Disability 156 44 Appointment of Trustees 156 45 Qualifications of Trustees 158 46 Death or Removal of Trustees 158 47 Duties of Trustees 158 48 Compensation of Trustees 162 49 Accounts and Papers of Trustees 164 50 Bonds of Referees and Trustees 164 51 Duties of Clerks 167 52 Compensation of Clerks and Marshals 168 53 Duties of Attorney-General 169 54 Statistics of Bankruptcy Proceedings 169 CHAPTER VI. CREDITORS. 55 Meetings of Creditors 170 56 Voters at Meetings of Creditors 172 57 Proof and Allowance of Claims 173 58 Notice to Creditors 185 59 Who may File and Dismiss Petitions 187 60 Preferred Creditors 192 TABLE OF CONTENTS. XI CHAPTER VII. ESTATES. PAGE. 61 Depositories for Money 204 62 Expenses of Administering Estates 204 63 Debts which may be Proved 205 64 Debts which have Priority 7 210 65 Declaration and Payment of Dividends 217 66 Unclaimed Dividends 219 67 Liens 220 68 Set-offs and Counter Claims 238 69 Possession of Property 239 70 Title to Property 241 71 Clerks to index Petitions and issue Certificates of Search 255 72 Referees and Trustees to receive no greater compensation than Act provides 255 Time Act goes into effect 251 Time Amendment goes into effect 256 General Orders in Bankruptcy 257 Official Forms in Bankruptcy 7 285 United States Equity Rules 361 Amendment of Feb. 5, 1903 397 Report of House Committee ? 406 Former Bankruptcy Statutes 423 Judicial Officers of Courts of Bankruptcy.. 506 TABLE OF CASES DIGESTED. Ablowich, In re (1900), S. Dist. N. Y., Brown, J., 102. Ablowich v. Stursburg (1901), C. C. A., 2ndCir. 98. Abrahamson & Bretstein, In re (1898), N. Dist. N. Y., Moss, R., 148, 186. Abraham Steers Lumber Co., In re (1901), S. Dist. N. Y., Thomas, J., 180. Abram, In re (1900), N. Dist. Cal., DeHaven, J., 159. Abraham, In re (1899), C. C. A., 5th Cir., McCormick, J., 18, 129, 135. Adams, In re (1899), N. Dist. N. Y., Moss, R., 236, 251. Adler v Jones (1901), C. C. A. 6th Cir., Day, J., 87, 88. Adams Sartorial Co., In re (1900), Dist. Colo., Hallett, J., 16. Adler, In re (1900), W. Dist. Tenn., Hammond, J, 88. Aiken, Lambert & Co. v. Hoskins (1901), N. Y. Sup. Ct., Hough- ton, J., 99. Alfred, In re (1899,) W. Dist. Mo., Mott, R., 59. Altaian, In re (1899), N. Dist. N. Y., Hotchkiss, R., 52. Altman, In re (1899), N. Dist. N. Y., Coxe J., 51. Albert Goodman Shoe Co., In re (1899), E. Dist. Pa., McPher- son, J., 238. Alderson, In re (1900), Dist. W. Va., Jackson, J., 205, 216. Allen, In re (1899), N. Dist. Cal., DeHaven, J., 30, 207. Allen v. French (1901), Sup. Ct. Mass. Barker, J., 195. Alexander, In re (1900), N. Dist. Ga., Newman, J., 181. American Brewing Co., In re (1902), C. C. A., 7th Cir., Bunn, J., 7, 44, 118. Anonymous, In re (1899) .Dist.Wash- ington, Hanford, J., 167. Anson, In re (1900), N. Dist. Cal., DeHaven, J., 215. Ankenny, In re (1899), N. Dist. la., James, R., 174. Ankenny, In re (1900), N. Dist. la., Shiras, J., 70, 177. Anderson, In re (1900), Dist. S. C., Brawley, J., 25. Anderson, In re (1900), W. Dist. Pa., Buffington, J., 195. Anderson, In re (1901), Dist. Mass., Lowell, J., 67. Andrea, In re (1902), E. Dist. Wis. Seaman, J., 221. Andrews v. Mathes (1902), Sup. Ct. Ala., Harlson, J., 253. Arkell, In re (1901), Sup. Ct. N. Y., Ingraham, J., 106. Arnett, In re (1001) JW. Dist. Tenn., Hammond, J., 28, 157, 241, 247. Arington v. Arington (1902), Sup. Ct. N. C., Fuchs, J., 111. Arlington Co., H. J., In re (1902), E. Dist. Va., Waddill, J., 89. Armour Packing Co. v. Brown (1899) Sup. Ct. Minn., 2. Arnold, In re (1899), Dist. Ky., Evans, J., 188, 233. Arnold v. Trevianns (1903), Sup. Ct. N. J., Jenks, J., 222. Asbury Park Bldg., &c., v. Shepard (1901), Sup. Ct. N. J.,33. Atkins v. Wilcox (1900) , C. C. A., 8th Cir., McCormick; J., 175. Audubon v. Shufeldt (1901), Sup. Ct. U. S., Gray, J., 47, 175. Averill, In re (189), N. Dist. Ohio, Remington, K., 204,213, B. Baker, In re (1899), E. Dist. Tex., Hurley, R., 107, 210. Baker, In re (1899), Dist. Kan., Hook, J., 77. Barker, In re (1899), Dist. Minn., Lochren, J., 153, 218. Barrows, In re , W. Dist. Va., Paul, J-, 244. ch, Basch, In re (19.00), S. Dist. N. Y., Brown, J., f08. Baudouine, In re (1899), S. Dist. N. Y., Brown, J. ( 244. Baudouine, In re (1900), C. C. A., 2nd Cir., Wallace, J., 20, 85 Baumann, In re (1899), W. Dist. Tenn,, Hammond, J., 8. XIV TABLE OF CASES DIGESTED. The numbers refer to the pages. Baker-Ricketson Co., In re (1899), Dist. Mass., Lowell, J., 10, 32, 37, 39, 42. Barden, In re (1900), Dist. N. C., Purnell, J., 54, 92, 168. Bardes v. Hawarden Natl. Bank (1900), Sup. Ct. U. S., Gray, J., 18, 20, 127, 138. Bates, In re (1900), Dist. Vt., Wheeler, J., 254. Bartlett v. United States (1901), C. C. A., 9th Cir., Gilbert, J., 141. Baumann v. Feist (1901), C. C. A., 8th Cir., 99. Baer v. Grell (1901), Municipal Ct. of New York, Joseph, J., 105. Bank v. Craig Bros. (1901), W. Dist. Ky., Evans, J. 50. Bank of Commerce v. Elliott (1901), Sup. Ct. Wis., Marshall, J., 84, 131, 134. Barrett, In re (1901), S. Dist. N. Y., Wise, R., 180, 200. Bashline, In re (1901), W. Dist. Pa., Buffington, J., 180. Baber./w re (1902), W. Dist. Tenn., 10, Hammond, J., 159. Barker, In re (1901), N. Dist. la., Shiras, J., 153. Barnes Mfg. Co. v. Norden (1902), Sup. Ct. N. Y., Dixon, J., 109. Baird, In re (1902), E. Dist. Pa., McPherson, J., 20. Barber v. Franklin (1902), Sup. Ct. N. Y., Gildersleeve, J., 230, 253 Bashinsid v. Talbot (1902), C. C. A., 5th Cir., Shelby, J., 69. Bank v. Iron Co. (1899), N. Dist. Ga., Newman, J., 128, 226. Babitt v. Kelly (1902), Ct. App. Mo., Good, J., 194. Balk v. Harris (1902), Sup. Ct. N. C., Furches, J., 111. Barclay v. Barclay (1900), Sup. Ct. 111., Phillips, J., 111. Baerncroff, In re (1902), E. Dist. Pa., McPherson, J., 115. Bailey v. Glover (1874), Sup. Ct. U. S., 1. Bates Machine Co., In re (1899), Dist. Mass., Lowell, J., 48. Baginsky & Co., In re (1899), E. Dist. La., Gurley, R., 164. Beck, In re (1899), S. Dist'. la., Woolson, J., 213. Beddingfield, In re (1899), N. Dist. Ga., Newman, J., 189. Becker, In re (1899), E. Dist. Pa.; Dunn, R., 162. Bear & Co. v. Chase (1900), C. C. A.; 4th Cir., Waddill, J., 84, 234. Becker, In re E. Dist., Pa., McPher- son, J., 16, 17. Beers v. Hanlin (1900), Dist. Ore.; Bellinger, J., 34, 210. Berner, H. D, In re (1899), N. Dist. O., Remington, R. 14. Bean, In re (1900), Dist. Vt., Wheeler, J., 60, 71,72. Beauchamp, In re (1900), Dist. Md., Morris, J., 64, 67. Berkowitz, In re (1900), S. Dist. N. Y., Wise, R., 102. Berner, In re (1900), S. Dist. O.; Remington, R., 96. Becker, In re (1901) , N. Dist. N. Y.; Coxe, J., 71, 99. Bemis, In re (1900), N. Dist. N. Y., Coxe, J., 98. Bender, In re (1901), W/Dist. Ark.,' Rogers, J., 18, 22. Beaver Coal Co., In re (1901), Dist. Ore., Bellinger, J., 237. Beck, In re. (1901), Dist. Mass.; Lowell, J., 54, 73. Benedict v. Duhel (1902), Sup. Ct. N. Y., McLaughlin, J., 193. Beaver Coal Co., In re (1902), C. C. A., 9th Cir., Gilbert, J., 237. Beerman, In re (1901), N. Dist. Ga., Newman, J., 72, 84. Beach v. Macon Grocery Co. (1902), C. C. A., 5th Cir., 17, 21. Beak, In re (1902), Dist. Ind., Baker, J., 68. Beals, In re (1902) . Dist. Ind., Baker, J., 231. Beebe, In re (1902), E. Dist. Pa.,' McPherson, J., 94. Bellah, In re (1902), Dist. Del., Bradford, J., 9, 33, 117, 190. Benedict, In re (1902), Sup. Ct. N. Y., Houghton, J., 245. Berry v. Jackson (1902), Sup. Ct. Ga., Lumpkin, J., 107. Belding, In re (1902), Dist. Mass.," Lowell, J., 194. Bernhardt v. Curtis (1902), Sup. Ct. La., Provosky, J., 104. Bingham, In re (1899), Dist. Vt.; Wheeler, J., 210. Bindseil v. Smith (1900), Ct. App. N. J., Dixon, J., 80. Bindseil v. Coshion (1900), Sup. Ct. N. J., 132. TABLE OF CASES DIGESTED. XV The numbers refer to the pages. Big Meadows Gas Co., In re (1902), W. Dist. Pa., Buffington, J., 189. Binders!'. McDonald, E.Dist. Wis., 1. Blumberg, In re (1899), E. Dist. Tenn. , Clarke, J., 109. Blakely v. Booneville Natl. Bank (1899), Dist. Ind., Baker, J., 229. Blakely v. Booneville Natl. Bank (1899), Dist. Ind., Baker, J., 199 Blocy, fn re (1901), C. C. A., 2nd Cir., Shipman, J., 199. Blair, In re (1900), S. Dist. N. Y., Brown, J., 13, 52, 196. Blankfein, In re (1899), S. Dist. N. Y., Coxe, J., 72. Blankfein, In re (1899), S. Dist. N. Y., Browji, J., 157. Blair, In re (1901), Dist. Mass., Lowell, J., 236. Block, In re (1901), C. C. A., 2nd Cir., Shipman, J., 8, 35, 100. Blumberg v. Bryan (1901), C. C. A., 5th Cir., McCormick, J., 176. Bloomingdale v. Empire Rubber Mfg. Co., (1902), E. Dist. N. Y., Thomas, J., 20, 241. Blake et al. v. Francis Valentine Co. (1898), N. Dist. Cal., Hawley, J., 4, 79, 253, 254. Boasberg, In re (1899), N. Dist. N. Y., Hotchkiss, R., 100. Booth, In re (1899), N. Dist. Ga., Upson, R., 81. Bozeman, In re (1899), S. Dist. Ga., Myrick, R., 245. Booth, In re (1899), Dist. Ore., Bellinger, J., 246. Boston, In re (1899), Dist. Neb., Munger, J., 63. Botts v. Hammond (1900), C. C. A., 4th Cir., Simonton, J., 220. Boardman, In re Dist. Mass., Lowell, J-, 248. Booneville Natl. Bank v. Blakely (1901), C. C. A., 7th Cir., Jen- kins, J., 17, 18, 136. Bolinger, In re (1901), W. Dist. Pa., Buffington, J., 62. Boorstin, In re (1902), N. Dist. Ga., Newman, J., 61. Boyd v. Glucklich (1902) , C. C.A. ,8th Cir., 26. Boyd v. Lemon Gale Co. (1902), C. C. A., 5th Cir., Pardee, J., 10, 34, 35. Bondenote v. Hannamann (1902)," Sup. Ct. la., Waterman, J., 195. Bray et al. v. Cobb (1898), E. Dist. N. C., Purnell, J., 45, 119, 120. Bray v. Cobb (1900), E. Dist. N. C., Purnell, J., 108, 152, 146, 156, 174. Brooks, In re (1899), Dist. Vt.; Wheeler, J., 22. Bragasa, In re (1900), N. Dist. Tex.; Meek, J., 102. Bracken v. Milner (1900), W. Dist. Mo., Phillips, J., 110. Bragasa v. St. Louis Cycle Co. (1901) , C. C. A., 5th Cir., Pardee, J., 99. Brewster, In re (1902), N. Dist. N. Y., Smith, R., 175. Brice, In re (1899), S. Dist. la.; Woolson, J., 13. Brice, In re (1900), S. Dist. la.; Woolson, J., 44, 47. Brice, In re (1900), S. Dist. la.; Shiras, J., 102. Brinckmann, In re (1900), Dist. Ind.; Baker, J., 188. Brown, In re (1899), W. Dist. Pa.; Buffington, J., 62. Brown, In re (1899), W. Dist. Pa.; Ransom, R., 62. Brogdbine, In re, Dist. Mass., Lowell, J-, 242. Brooke, In re (1900), Dist. Ore.; Bellinger, J., 79. Brooks, In re (1900), E. Dist. Pa.; McPherson, J., 157. Browne, In re (1900), E. Dist. Pa.; McPherson, J., 20. Brown v. Case (1901) , Sup. Ct. Mass.; Lathrop, J., 221, 235. Brown, In re (1901), C. C. A.; 5th Cir., 117. Brown, In re (1901), E. Dist. Mo.; Rogers, J., 188. Brown v. Barker (1902) , Sup. Ct. N. Y., Hiscock, J., 244. Bruss-Ritter Co., In re (1898), E. Dist. Wis., Seaman, J., 2, 17, 252 Brumelkamp, In re (1899), N. Dist. N. Y., Stone R., 71, 116, 264, 286. Brumelkamp, In re (1899), N. Dist. N. Y., Coxe, J., 72, 121, 147, 286. Brundage, In re (1900), N. Dist. la., Shiras, J., 74. XVI TABLE OF CASES DIGESTED. The numbers refer to the pages. Brundin, In re (1901), Dist. Minn., Lochren, J.,213. Bryan v. Beraheimer (1901), U. S. Sup. Ct. f Gray, J., 20, 22, 40. Bryant, In re (1900), E. Dist. Tenn., Clarke, J., 96. Bryant v. Kinyon (1901), Sup. Ct. Mich., Hooker, J., 110. Brice v. Guaranty Co. (1901), C. C. A., 6th Cir., Severens, J., 176. Bryan v. Madden (1902), Sup. Ct. N. Y., Russell, J., 199. Buntrock Clothing Co., In re (1899), N. Dist. la., Shiras, J., 21. Burnett v. Morris Mercantile Co. (1899), Dist. Ore., Bellinger, J., 129. Buntrock Clothing Co., In re (1899), N. Dist. la., Shiras, J., 79, 82. Bushnell (1899), Dist. N. J., Parker, R.,97. Buelow, In re (1899), Dist. Wash., Handford, J., 63. Burrus, In re (1899), W. Dist. Va., Jackson, J., 214, 223. Burka, In re (1900), E. Dist. Mo., Adams, J., 245. Burka, In re (1901), W. Dist. Tenn., Hammond, J., 76, 115, 117, 209. Burnham v. Pidcock (1900), N. Y. Sup. Ct., McAdam, J., 106, 109. Burk v. Rollinson (1901), Sup. Ct. R. I., 58. Burke, In re, (1901) N. Dist. O., Remington, R., 213. Burlington Malting Co. (1901), E. Dist. Wis., Seaman, J., 188. Bussey, In re (1901), W. Dist. Mo., Crittenden, R., 254. Bullis, In re (1902), Sup. Ct. N. Y., Springer, J., 109. Bullock, In re (1902), E. Dist. N. C., Purnell, J., 179. Burrell & Corn, In re (1903) , S. Dist. N. Y., Adams, J., 45. Byrne & Co., In re (1899), S. Dist. la., Shiras, J., 225. C. Camp, In re (1899), N. Dist. Ga., Newman, J., 59. Carpenter Bros. v. O'Connor (1899), O. Cir. Ct., 2nd Dist., Wilson, J., 15, 79, 80. Carter, In re (1899), S. Dist. Ga., Myrick, R., 130. Carters. Peoples Natl. Bank (1900), Sup. Ct. Ga., Little, J., 81. Carter v. Goodykuntz (1899), Dist. Ind., Baker, J., 198. Cain, F. F., In re (1899), N. Dist. 111., Eastman, R., 49, 190. Cameron, &c., In re (1899), W. Dist. Mo., Phillips, J., 49. Carmichael, In re (1899), N. Dist. la., Shiras, J., 51. Carmichael, In re (1901), Dist. Ky., Evans, J., 65. Carter v. Hobbs (1899), Dist. Ind., Baker, J., 128, 129. Caroline Cooperage Co., In re (1899), E. Dist. N. C., Purnell, J., 30, 163, 212, 215. Campbell, In re (1900) , E. Dist. Wis., Seaman, J., 215. Cashman, In re (1900) , S. Dist. N. Y., Brown, J., 97. Carley, In re (1902), C. C. A., 3rd Cir., Gray, J., 92. Carley, In re (1901), Dist. Ky., Evans, J., 123, 124. Carley, In re (1902), Dist. Ky., Evans, J., 123. Cabus, In re (1901), S. Dist. N. Y., Pendleton, R., 99. Carpenter, In re (1901), C. C. A., 5th Cir., McCormick, J., 67. Case, In re (1901), N. Dist. O., Remington, R., 245. Caswell, In re (1901), Dist. R. I., Borrows, R., 64. Carver & Co., In re (1902), E. Dist. N. C., Purnell, J., 44, 275. Carleton, In re (1902), Dist. Mass. Lowell, J., 53. Carling v. Seymour Lumber Co., (1902.) C.C. A., 5th Cir., Shelby, J., 1, 17,255. Campbell v. Thompson (1902), Sup. Ct., Colo., Thompson, J., 244. Carr, In re (1902), E. Dist. N. C., Purnell, J., 160. Chemical Natl. Bank v. Mayer (1899), E. Dist. N. Y., Thomas J., 51. Challoner, In re (1899), N. Dist. 111., Kohlsaat, J., 105. Chambers, Calder & Co., In re (1900) Dist. R. I., Brown, J., 81, 82. Chattanooga Natl. Bank v. Rome Iron Co. (1900), Cir. Ct., N. Dist. Ga., Newman, J., 221. Chatfield v. O'Dwyer (1900), C. C. A., 8th Cir., 136. Chicago-Joplin Lead Co., In re (1900), W. Dist. Mo., Philips, J., 51. TABLE OF CASES DIGESTED. XV11 The numbers refer to the pages. Christensen, In re (1900), N. Dist. la., Shiras, J., 120, 238. Christensen, In re (1900), N. Dist. la., James, R., 183,193, 201. Chrystal Spring Bottling Co., In re (1900), Dist. Va., Wheeler, J., 19, 237, 244. Chapman, In re (1900), N. Dist. 111., Kohlsaat, J., 38, 247. Chicago Title & Trust Co. v. Roblins Sons (1901), Cir. Ct., N. Dist. 111., Kohlsaat, J., 37. Chism v. Citizens Bank of Clarks- dale (1900), Sup. Ct. Miss., Terrell, J., 199, 200. Chase, Ex parte (1900), Sup. Ct. S. C., Pope, J., 232. Chambers, Calder & Co., In re (1901) , Dist. R. I., Littlefield, R., 184, 273. Chappell, John, In re (1901), E. Dist. Va., Waddill, J., 7. Champion, In re (1902), S. Dist. Ala., Ervin, R., 197. Chequasset Lumber Co., In re (1901) , S. Dist. N. Y., Adams, J., 190. Chesapeake Oyster & Fish Co., In re Dist. Colo., Hallett, J., 50. Chaplin, In re (1902), Dist Mass., Lowell, J., 182. Chauncey v. Dyke Bros. (1902), C. C. A., 8th Cir., Thayer, J., 21. City Natl. Bank v. Doolittle (1901), C. C. A., 5th Cir., Toulmin, J., 87, 88. City Natl. Bank of Greenville v. Bruce (1901), C. C. A., 4th Cir., Waddill, J., 176. Citizens Bank v. W. C. DePauw Co. (1901), C. C. A., 7th Cir., Grosscup, J., 33, 36. Claflin Co. v Eason, Trustee (1899), E. Dist. Tex., White, R., 107, 216. Cliffe, In re (1899), E. Dist. Pa., McPherson, J., 28, 39, 115. Clute, In re (1899), Superior Ct. San Francisco, Coffey, J., 240. Clark v. American Mfg., &c., Co. (1900), C. C. A., 4th Cir., Waddill, J., 40. Clisdell, In re (1899), N. Dist. N. Y., Moss, R., 15. Clisdell, In re (1900), N. Dist. N. Y..Coxe,J., 14,92. Clisdell, In re (1899), N. Dist. N. Y., Moss, R., 15. Claiborne, In re (1901), S. Dist. N. Y., Brown, J., 77, 84. Claff, In re (1901), Dist. Mass.; Lowell, J., 106. Clark, In re (1901), Dist. Wash., Hanford,J.,52. Clemmons v. Brinn (1901), Sup. Ct. N. Y.,McAdam,J.,106. Cleland v. Anderson (1902), Sup. Ct. Neb., Pound, J., 249. Coe Powers et al.. In re (1899), N. Dist. O., Remington, R., 10, 173. Coffman, In re (1899), N. Dist. Tex., Meek, J., 28, 60. Cohn, In re (1899), W. Dist. Mo., Rathburn, R., 99. Collier, In re (1899), W. Dist. Tenn., Hammond, J., 167. Collisi, In re (1899), W. Dist. Mich., Blair, R., 159. Continental Natl. Bank v. Katz (1899), Superior Ct. Cook Co., 111., Ball, J., 79. Columbus Electric Co. v. Worden (1899), 181. Coffin, In re (1899), E. Dist. Texas, Dillard, R., 152, 163, 181. Collins, In re (1899), S. Dist. la., Sawyer, R., 235. Cobb, In re (1901), E. Dist. N. C., Purnell, J., 277. Cobb, In re (1899), E. Dist. N. C., Purnell, J., 228. Cohn, In re (1899), S. Dist. N. Y., Brown, J., 131. Cornell, In re (1899), S. Dist. N. Y., Brown, J., 140. Cox v. Wall (1899), W. Dist. N. C., Ewart, J., 128. Cooks v. Peoples Natl. Bank (1901), N. Y. Sup. Ct., Houghton, J., 195. Collingnon, In re (1900), N. Dist. N. Y., Hotchkiss, R., 206. Columbia Real Estate Co., In re (1900), Dist. Ind., Baker, J., 42, 115. Conhaim, In re (1900), Dist. Wash- ington, Hanford, J., 159, 179. Courrier Journal, &c., Co. v. Schaafer Meyer Ptg. Co. (1900), C. C. A., 6th Cir., Lurton, J., 134, 136, 183. Covington, In re (1901), W. Dist. N. C., Purnell, J., 150. Cogley, In re (1901), N. Dist. la., Shiras, J., 159. Cohn, In re (1900), E. Dist. Mo., Adams, J., 123. XV111 TABLE OF CASES DIGESTED. The numbers refer to the pagas. Cole, In re (1901), W. Dist. N. Y., Hazel, J., 84. Cooke, In re (1901), S. Dist. N. Y., Brown, J., 91. Corbett, In re (1900), E. Dist. Wis., Seaman, J., 241. Corn, In re (1901), N. Dist. Ga., Newman, J., 101. Cobb v. Overman (1901), C. C. A., 4th Cir., Waddill, J., 206. Coe, Powers & Co., In re (1901), C. C. A., 6th Cir., Day, J., 216. Collins v. McWalters (1901), Sup. Ct., N. Y., Gildersleeve, J., 94, 105, 109. Colwellv. Tinker (1901), N. Y. Sup. Ct., Gildersleeve, J., 108. Cohn, In re (1901), Dist. Ore., Bel- linger, J., 99. Cobb, In re.,E, Dist. Mass., Farmer, R., 123. Coller, In re (1901), Dist. Mass., Lowell, J., 65. Columbia Bank v. Birkett (1901), Sup. Ct. N. Y., Clark, J., 110. Columbia Real Estate Co., In re (1902), C. C. A., 7th Cir., Sea- man, J., 115, 133. Colwell v. Tinker (1902), N. Y. Sup. Ct., Ct. App., Bartlett, J.,105. Colton Export & Import Co., In re (1902), S. Dist. N. Y., Adams, J., 180. Countryman, In re (1903), W. Dist. la., Shiras, J., 107. Coddington, In re (1902), W. Dist. Pa., Archbald, J., 46. Conrader, In re (1902), W. Dist. Pa., Buffington, J., 57. Costello v. Harbaugh (1898), Ct. App. 111., 2. Crenshaw, In re, S. Dist. Ala., Toulmin,J.,93. Cronin, In re (1899), Dist. Mass., Lowell, J., 188. Crooks v. Peoples Natl. Bank (1899), Sup. Ct. N. Y., Herrick, J., 193, 195. Crow, In re (1902), W. Dist. Ky., Dean, R., 217. Craft v. Morrow (1902), Penn. Co. Ct., Taylor, J., 222. Cronson, In re (1899), W. Dist. Pa., 216. Criterion Watch Case Mfg. Co., In re (1902), S. Dist. N. Y., Wise, R., 89. Crocker, In re (1902), S. Dist. N. Y. f Wise, R., 176. Crist, In re (1902), S. Dist. Ala.; Toulmin, J., 93, 95. Curtis, In re (1899), S. Dist. 111., Allen, J., 2, 41,253. Curtis, In re (1899), C. C. A., 7th Cir., Jenkins, J., 189. Cunningham v. Bank (1900), C. C. A., 6th Cir., Lurton, J., 150, 276. Curtis, In re (1900), C. C. A., 7th Cir., Jenkins, J., 136, 214. Currier, In re (1901), W. Dist. N. Y., Hotchkiss, R., 83. Gushing, In re (1901), W. Dist. N. Y., Moss, R., 209. Cullinane v. State Bank of Waverly (1902), Sup. Ct. la., Bishop, J., 228. D. Damon, In re, W. Dist. N. Y.," Hazel, J., 169. Davidson, In re (1901), S. Dist. la., McPherson, J., 195. Daniels, In re (1901), Dist. R. I.; Brown, J., 56, 211, 217. Davis, In re (1901), Dist. Mass., Lowell, J., 246. Davis v. Stevens (1900), Dist. S. Dak., Carlin, J., 32. Davis, In re (1901), S. Dist. N. Y., Adams, J., 246. Davis, In re (1903), W. Dist. Tex., Maxey, J., 244. Davis v. Bohle (1899), C. C. A., 8th Cir., Thayer, J., 2, 17. 40, 229, 240. Dawley, In re (1899), Dist. Vt.,~ Wheeler, J., 65. Daubner, In re (1899), Dist. Ore.; Bellinger, J., 65. Darwin, In re (1902), C. C. A., 6th Cir., Day, J., 231. Day v. Beck, &c., Co. (1902). C. C. A., 5th Cir., Shelby, J., 40, 118, 120. Dayville Woolen Co. (1902), Dist. Conn., Townsend, J., 158. DeLong, In re (1899), N. Dist. N. Y., Moss, R., 80. DeLue, In re (1899), Dist. Mass., Lowell, J., 235. DeLeeuw, In re (1899), Dist. N. Y., Brown, J., 97. Deuel, In re (1900), W. Dist. Mo., Philips, J., 27. Demarest, In re (1901), Dist. N. J., Kirkpatrick, J., 59. TABLE OF CASES DIGESTED. XIX The numbers refer to the pages. DeLand v. Niptur & Chany Bank (1903), Sup. Ct. la., Demarest, J., 194. Dean v. Justices, &c. (1899), Sup. Ct. Mass., Holmes, J., 91. Dews, In re (1899), Dist. R. I., Brown, J., 100. Dews, In re (1900), Dist. R. I., Brown, J., 96, 98. Denning, In re (1902), Dist. Mass., Lowell, J., 56. Dean v. Plane et al. (1902), Sup. Ct. 111., Cartwright, J., 193. Dillon, In re (1900), Dist. Mass., Lowell, J., 183. Dillon, In re (1900), N. Dist. Cal., DeHaven, J., 61. Diller, In re (1900), N. Dist. Cal., DeHaven, J., 64. Dinglehoef Bros, In re (1901), E. Dist. N. C., Purnell, J., 14. Distler v. McCauley (1901), Sup. Ct. N. Y., Woodward, J. 105. Dixon, In re (1899), S. Dist. la., Woolson, J., 90. Diack, In re (1899), S. Dist. N. Y., Brown, J., 249. Diack, In re (1900), S. Dist. N. Y., Brown, J., 27. Dietz, In re (1899), S. Dist. N. Y., Brown, J., 103. Dickinson, In re (1902), W. Dist. N. Y., Moss, R., 197. Dickson v. Wyman (1901), (In re Jourdan), C. C. A., 1st Cir., Putnam, J., 201. Dixon, In re (1902), N. Dist. Cal., DeHaven, J., 153. Doyle v. Hall (1899), Appellate Ct. 111., 1st Dist., Horton, J., 232. Doty, In re (1900), S. Dist. N. Y., Dexter, R., 184. Dow, In re (1900), S. Dist. la., McPherson, J.,99. Dobson, In re (1899), N. Dist. 111., Kohlsaat, J., Dougherty & Co., In re (1901), N. Dist. Ga., Newman, J., 237. Dole, In re (1901) , Dist. Vt., Wheeler, J., 247. Dreebin, In re (1900), N. Dist. Tex., Meek, J., 214. Dressel v. No. State Lumber Co. (1902), E. Dist. N. C., Purnell, J., 14, 179. Drake, In re (1902), Dist. S. C., Brawley, J., 50. Duell. In re (1899), W. Dist. Mo., Philips, J., 155. Durham, In re (1900), E. Dist. Ark., Trieber, J., 20. Duncan v. Landis (1901), C. C. A.; 3rd Cir., Gray, J., 7, 39, 120, 134. Dunlap v. Thomas (1902), Sup. Ct. Washington, White, J., 233. Duncan, In re (1899), N. Dist. Tex., Meek, J., 213. Dunnigan Bros., In re (1899), Dist. Mass., Lowell, J., 53, 58. Duguid, In re (1899), E. Dist. N. C., Purnell, J., 47. Dunbar v. Dunbar (1901), Sup. Ct. Mass., Barber, J., 208. Duffy, In re (1902), Middle Dist. Pa., Archbald, J., 69. Dundas, In re (1901), Dist. Vt., Wheeler, J., 200. Duplan Silk Co. v. Spencer (1902), C. C. A., 3rd Cir., Gray, J., 221 245 Dupree,'/n 're (1899), E. Dist. N. C., Purnell, J., 44, 188. Durham, In re (1902), Dist. Md., Morris, J., 130, 132. Duble, In re (1902), Middle Dist. Pa., Archbald, J., 208. Dvorak, In re (1901), N. Dist. la., Shiras, J., 185. Dwyer, In re (1902), Dist. N. Dak. Amidon, J., 47, 119. Eaton, In re (1901), N. Dist. N. Y., Coxe, J., 96. Easley, In re, (1898.) W.Dist. Va., Paul, J., 234. Easley, In re (1899), W. Dist. Va.," Paul, J., 21. Eagles & Crisp, In re (1899), E. Dist. N. C., Purnell, J., 171. Eagles & Crisp, In re (1900), E. Dist. N. C., Purnell, ]., 54. Ebert, In re (1899), W. Dist. Wis., Lewis, R., 192, 197. Edson, In re (1902), Dist. Vt., Wheeler, J., 193, 205, 208. Eggert, In re (1900), C. C. A., 7th Cir., Jenkins, J., 197, 198. Ehle, In re (1901), Dist Vt., Wheeler, J-, 245. Eisenberg, In re (1902), S. Dist. N. Y., Adams, J., 186. Eidemiller, In re (1900), N. Dist. 111., Kohlsaat, J., 44. Ellis v. L. Hayes, &c.; Co. (1902), Sup. Ct. Kas., Smith, J., 189, 251. XX TABLE OF CASES DIGESTED. The numbers refer to the pages." Elliott v. Toeppener (1902), Sup. Ct. U. S., Fuller, J., 120. Elstree v. Burt (1902), Sup. Ct. R. I., Douglas, J., 104. Elgin State Bank v. Rice (1902), C. C. A., 8th Cir., Lochren, J., 230. Ells, In re (1900), Dist. Mass., Lowell, J., 205. Elk Park, &c., Co., In re (1899), Dist. Colo., Hallett, J., 49. Ellithorpe, In re (1901), N. Dist. N. Y., Hotchkiss, R., 60. Elmira Steel Co., In re (1901), N. Dist. N. Y., Hazel, J., 8, 14, 118, 190. Elmira Steel Co., In re (1901), N. Dist. N. Y., Moss, R., 14, 39, 118. Empire Metallic Bedstead Co., In re (1899), N. Dist. N. Y., Hotchkiss, R., 5. Empire, &c., Co., In re (1899), N. Dist. N. Y.,Coxe, J.,37. Empire Metallic Bedstead Co., In re (1899), C. C. A., 2nd Cir., Shipman, J., 37. Emsley & Son, In re (1899), S. Dist. N. Y., Brown, J., 223, 234. Emsley & Co., In re (1900), C. C. A., 2nd Cir., Wallace, J., 234. Emerick, In re (1900), W. Dist. Pa., Buffington, J., 242. Emsile, In re (1900), C. C. A., 7th Cir., Wallace, J., 82. Engle, In re (1901), E. Dist. Pa., McPherson, J., 237. Epstein, In re (1901), E. Dist. Ark., Trieber, J., 247. Epstein, In re (1901), W. Dist. Ark., Trieber, J., 163. Ervin, In re (1902), E. Dist. Pa., McPherson, J., 55. Ervin, In re (1901), E. Dist. Pa., McPherson, J., 175. Eshwege & Cohn, In re (1902), S. Dist. N. Y., Willis, R., 214. Etheridge Furniture Co., John A., In re (1899), Dist. Ky., Barr, T 2 17 252 Evans,' In re (1900), E. Dist. N. C., Purnell, J., 68. Evans v. Rounsaville (1902), Sup. Ct. Ga., Little, J., 106,226. Evans v. Stalle (1903), Sup. Ct. Minn., Stark, J., 111. Ewing, In re (1902), C. C. A.. 2nd Cir., 38, 190. Fahy, In re (1902), N. Dist. Iowa, Shiras, J., 90. Farley & Co., In re (1902), W. Dist. Va., McDowell, J., 53, 187. Farmer, In re (1902), E. Dist. N. C., Purnell, J., 205, 208. Fall City Shirt Mfg. Co., In re (1899), Dist. Ky., Evans, J., 216. Falconer, In re (1901), C. C. A., 8th Cir., Thayer, J., 61, 72. Feigenbaum, In re (1902), S. Dist. N. Y., Adams.J., 91. Feldstein, In re (1902), C. C. A., Lacombe, J., 101. Feuerlicht, In re (1902), S. Dist. N. Y., Smith.J. ,193. Fellereth, In re (1899), N. Dist. O. t Ricks, J., 198. Ferguson, In re (1899), S. Dist. N. Y., Brown, J., 38. Feldstein, In re (1900), S. Dist. N. Y.,' Brown, J., 73, 101. Fellows v. Freudenthal (1900), C. C. A., 7th Cir., Seaman, J., 30, 97, 153. Fields v. Karter (1902), C. C. A., 5th Cir., 94. First Natl. Bank v. Hym (1902), Sup. Ct. la., McLain, J., 81. First Natl. Bank of Denver v. Klugg (1902), Sup. Ct. U. S., Fuller, J., 133, 135. Fisher, In re (1899), Dist. Mass., Olmstead, R.,242. Fixen, In re (1899), S. Dist. Cal.,' Wellborn, J., 17, 123. Fielding, In re (1899), W. Dist. Mo., Philips, J., 153, 163, 217. Finklestein, In re (1900), S. Dist. N. Y., Brown, J., 95. Finley, In re (1900), S. Dist. N. Y., Coxe, J., 171. Fisher, In re (1899), Dist. Mass., Lowell, J., 242. Finley, In re (1900), S. Dist. N. Y., Coxe, J., 271. Fisher v. Cushman (1900), C. C. A., 1st Cir., Putnam, J., 20, 27. Fitchard, In re (1900), N. Dist. N. Y., Coxe, J., 98. Fixen & Co., In re (1900), C. C. A., 9th Cir., Morrow, J., 10, 181. Filer, In re (1900), S. Dist. N. Y., Brown, J., 13, 32. Filer, In re (1901), S. Dist. N. Y., Dexter, R., 176. TABLE OF CASES DIGESTED. XXI The numbers refer to the pages. Fider, In re (1899), Sup. Ct. Minn., Wanty, J., 111. Fite v. Fite (1901), Ct. App. Ky., Guffy, J., 205. Fife, In re (1901), W. Dist. Pa., Buffington, J., 6, 209. Finnigan v. Hall (1901), N. Y. Sup. Ct., Russell, J., 105. First Natl. Bank of Guilford v. Weare (1901), Sup. Ct. Me., Emory, J., 252. Fleishman (1902), Dist. Ct. N. Dist. 111., Kohlsaat, J., 95. Flannagan, In re (1902), W. Dist. Tex., Maxey, J., 68. Flick, In re (1900), S. Dist. O., Thompson, J., 176, 211. Fly, In re (1901), S. Dist. Cal., Wellborn, J., 66. Forbes, In re (1901), N. Dist. O., Doyle, R., 248. Foley, Dean Lumber Co. v. Sawyer (1899), Sup. Ct. Minn., Mitchell, J.,2. Foerst, In re (1899), S. Dist. Ky., Evans, J., 123. Folb, In re (1899), E. Dist. N. C., Purnell, J., 173. Fowler, In re (1899), W. Dist. Wis., Bunn, J., 122. Fowler, In re (1899), Dist. Conn., Banks, R., 130. Fort Wayne Electric Co., In re (1899), Dist. Ind., Baker, J., 153, 225. Forsyth v. Vehmeyer (1900), U. S. Sup. Ct., Peckham, J., 109. Force, In re (1900), Dist. Mass., Farmer, R., 211. Foreman v. Burley (1901), C. C. A., 5th Cir., Putnam, J., 137, 175. Fox, In re (1900), N. Dist. O., Remington, R., 88. Fox, Simon, In re (1901), N. Dist. r O., Remington, R., 185. French v. R. Pets Co. (1900), 132. Franklin, In re (1901), Dist. Mass., Lowell, J., 130. Freche, In re (1901), Dist. N. J., Kirkpatrick, J., 109. Frazee v. Nelson (1901), Sup. Ct. Mass., Morton, J., 233. Fruda v. Osgood (1901), Sup. Ct. N. H., Blodgett, J., 132. Frey v. Torrey (1902), Sup. Ct. N. Y., Lauehlin, J., 109. Freschberg, In re (1902), S. Dist. N. Y., Wise, R., 115. Frazier, In re (1902), W. Dist. Mo.; Philips, J., 221. Freund, In re (1899), N. Dist. Penn., James, R., 51. Frick, In re (1899), N. Dist. O., Fay, R., 212, 215. Franks, In re (1899), S. Dist. Ala., Toulmin, J., 22. Price, In re (1899), S. Dist. la., Woolson, J., 94, 279, 356. Friedman, In re (1899), S. Dist. N. Y., Holt, R., 246. Friedman, In re (1899), S. Dist. N. Y., Holt, R., 178, 225. Frazier v. Southern Loan & Trust Co. (1900), C. C. A., 4th Cir., Paul, J., 22. Freund, In re (1899), S. Dist. N. Y., Brown, J., 97, 98. Friederich, In re (1900), C. C. A., 7th Cir., Jenkins, J., 59. Franklin Syndicate, In re (1900), E. Dist. N. Y., Thomas, J., 73, 186. Frye v. Penna. Trust Co., (1900) Sup. Ct. Pa., Green, J., 200. Frank, In re (1901), W. Dist. Pa., Buffington, J., 92. Francis-Valentine Co., In re (1899), N. Dist. Cal. ,De Haven J., (235). Francis- Valentine Co., In re (1899), C. C. A., 9th Cir., Gilbert, J., 240. Fulton Club, In re (1902), N. Dist. Ga., Newman, J., 50. Funk, In re (1900), N. Dist. la., Shiras, J., 33, 47. G. Gany, In re (1900), W. Dist. N. Y., Brown, J., 245, 246. Gardner, In re (1901), E. Dist. Va., Waddill, J.,153. Gardiner, In re (1901), S. Dist. N. Y., Brown, J., 247. Gasser, In re (1900), C. C. A., 8th Cir., Sanborn, J., 279. Garden, In re (1899), N. Dist. Ala., Bruce, J., 61. Gay, In re (1899), Dist. N. H., Aldrich, J., 52, 167. Gallagher, In re (1901), Dist. Mass., Farmer, R., 196. Garner, In re (1901), N. Dist. Ga., Newman, J., 229. Gaylord, In re (1901), N. Dist. N. Y., Coxe, J., 99. XX11 TABLE OF CASES DIGESTED. The numbers refer to the pages. Gaylord, In re (1901), C. C. A., 2nd Cir., Wallace, J., 95. Gaylord, In re (1901), E. Dist. la., Shiras, J., 242. Gaylord, In re (1902), E. Dist. Mo., Adams, J., 182. Gabriel v. Tonner (1902), Sup. Ct. Cal., Gray, J., 199. Cans v. Ellison (1902), C. C. A., 3rd Cir., Acheson, J., 201, 202. Gashington, In re (1902), N. Dist. Tex., Meek, J., 208. Garner, In re (1902), W. Dist. Va., McDowell, J., 62. Gage v. Bates Machine Co. (1902), Sup. Ct. N. H., Mather, J., 81, 131. Gerdes, In re (1900), S. Dist. O., Thompson, J., 129. Gerson, In re (1901), E. Dist. Pa., Mason, R., 176. Gerson, In re E. Dist. Pa., Mason, R., 163. Gerson, In re (1899), E. Dist. Pa., Mason, R., 163, 214, 216. Gerson, In re (1901), C. C. A., 3rd Cir., Acheson, J., 207. Gee v. Gee (1901), Sup. Ct. Minn., Lovely, J., 110. Gerner v. Yates (1900), Sup. Ct. Neb., Sullivan, J., 112. Ghiglione, In re (1899), S. Dist. N. Y., Brown, J., 46. Gibbs, In re (1900), Dist. Vt., Wheeler, J., 66. Gillette & Prentice, In re (1900), W. Dist. N. Y., Hazel, J., 56, 57, 190. Gibbs, In re (1901), Dist. Vt., Wheeler, J., 225. Gister, In re (1899), N. Dist. la., Shiras, J., 82. Githens v. Shiffler (1902), Middle Dist. Pa., Archbald, J., 32. Gilbert, In re (1902), Dist. Ore., Bellinger, J., 8, 35, 37, 38. Gibson, In re (1902), Sup. Ct. I. T., Clayton, J., 71. Glover Grocery Co. v. Done (1902), Sup. Ct. Ga., Lumpkin, J., 87. Globe Cycle Works, In re (1899), N. Dist. N. Y., Hotchkiss, R., 79. Glasner, Snyder & Co., In n>(1902), Dist. Md., Brinton, R., 74. Glass, In re (1902), N. Dist. N. Y., King, R., 265, 279. Gladding Co., In re (1902), Dist. R. I., Barrows, R., 207. Good, In re (1900), C. C. A., 8th Cir., Thayer, J., 133, 135. Goodman Shoe Co., Albert, In re (1899), E. Dist. Pa., McPher- son, J., 238. Goldman, In re (1900), S. Dist. N. Y., Brown, J., 247. Goldsmith, In re N. Dist. Tex., Meek, J., 174. Goldberg, In re (1898), Dist. Utah, Baldwin, R., 130, 131. Goldman, Beckman & Co. v. Smith (1899), Dist. Ky., Barr, J. f 33, 34, 116, 266. Goldman, Beckman & Co. v. Smith (1899), Dist. Ky., Durrett, R., 220. Goldstein, In re (1899), W. Dist. Pa., Van Wormer, R., 216. Goodier v. Barnes (1899), N. Dist. N. Y.,Coxe, J., 127, 132. Goodale et al, In re (1901), N. Dist. N. Y., Coxe, J., 95. Goodman v. Brunner (1901), C. C. A., 5th Cir., Pardee, J., 136. Goetzinger, In re (1901), W. Dist. Pa., Bunffington, J., 56. Goodyear Rubber Co. v. Schreiber (1902), Sup. Ct. Washington, Ful- ler, J., 253. Gordon, In re (1902), Dist. Vt., Wheeler, J., 66. Goyer Co. v. Jones (1901), Sup. Ct. Miss., 105. Goldberg, In re (1902), N. Dist. N. Y., Ray, J., 81, 231. Gottardi, In re (1902), S. Dist. Cal., Wellborn, J., 26, 27. Gray, In re (1900), Sup. Ct. N. Y., Barrett, J., 228. Greenewald, In re (1900), E. Dist. Pa., McPherson, J., 215. Greater American Exposition, In re (1900), C. C. A., 8th Cir., Thayer, J., 130. Grayson, In re (1901), Sup. Ct. I. T. 69. Grant, 'in re (1901), S. Dist. N. Y., Brown, J., 35, 41. Green, In re (1901), E. Dist. Pa., McPherson, J., 22. Griffith, In re (1899), E. Dist. Tenn.; Grayson, R., 130. Grahs, In re (1899), S. Dist. Ohio, Geiger, R., 248. TABLE OF CASES DIGESTED. XX111 The numbers refer to the pages. Grist, In Ye (1898), N. Dist. N. Y., Hotchkiss, R., 77. Grimes, In re (1899), W. Dist. N. C., Alexander, R., 61. Grimes, In re (1899), W. Dist. N. C., Ewart, J., 13, 59, 60, 161, 213. Grubs-Wiley Co., In re (1899), W. Dist. Mo., Rathbun, R., 214. Green River Deposit Bank v. Craig Bros. (1901), W. Dist. Ky., Evans, J., 40, 41, 116. Grossman, In re (1901), E. Dist. Mich., Swan, J., 75. Groves, In re (1901), N. Dist. O., Remington, R., 64, 74. Greth, In re (1902), E. Dist. Pa., McPherson, J., 182. Gracewich, In re (1902), C. C. A., 2nd Cir., Wallace, J., 246. Graff, In re (1902), E. Dist. N. Y., Thomas, J., 179. Greenberg, In re (1902), Dist. Conn., Townsend, J., 101. Gutman & Wenk, In re (1902), S. Dist. N. Y., Adams, J., 81, 82, 241. Gutwillig, In re (1898), So. Dist. N. Y., Brown, J., 40. Gutwillig, In re (1899), C. C. A., 2nd Cir., Wallace, J., 28, 82, 234. H. Hartmann, In re (1899), N. Dist. la., Shiras, J., 93, 108. Hamilton, In re (1900), W. Dist. Ark., Rogers, J., 16. Hansen v. Stephens (1902), Sup. Ct. Ga., Little, J., 23. Harris, In re (1899), N. Dist. O., Remington, R., 58. Harris, In re (1902), W. Dist. Tenn., Hammond, J., 87. Harris, In re (1899), N. Dist. O., Ricks, J., 56. Harris, In re (1899), N. Dist. 111., Wean, R., 71, 249, 265. Hatch, In re (1900), S. Dist. la., Shiras, J., 65. Hawk v. Hawk (1900), W. Dist. Ark., Rogers, J., 206. Haensel, In re (1899), N. Dist. Cal., DeHaven, J., 85, 242. Hayden, In re (1899), S. Dist. N. Y., Locke, J., 73, 74. Harrison Merc. Co., In re (1899), W. Dist. Mo., Philips, J., 213. Hatch, In re (1899), E. Dist. Mich., Davock, R., 59. Hammond, In re (1899), Dist. Mass., Lowell, J., 224. Harper & Bro., In re (1900), S. Dist. N. Y., Brown, J., 33, 37. Harrington, In re (1900), N. Dist. Tex., Meek, J., 63. Harrington, In re (1900), E. Dist. Tex., Dillard, R., 65. Hathhorn, In re (1900), E. Dist. La., Gurley, R., 73. Hanna & Kirk, In re (1901), E. Dist. Pa., McPherson, J., 36. Harper, In re (1900), N. Dist. 111., Kohlsaat, J., 37, 39. Hale et al, In re (1901), E. Dist. N. C.,Purnell, J.,52, 92. Hargardine-McKittrich Dry Goods Co. v. Hudson et al. (1901), Cir. Ct. U. S., E. Dist. Mo., Rogers, J., 106. Haskin, In re (1901), E. Dist. Pa., McPherson, J., 67. Hassenbusch, In re (1901), C. C. A., 6th Cir., Clark, J., 78. Harvey v. Smith, In re (1901), Sup. Ct. Mass., Knowlton, J., 226. Harmon v. Feldhein et al. (1902), Sup. Ct. Mich., 195. Hanover Natl. Bank v. Moyses (1902), Sup. Ct. U. S., Fuller, C. J., 1,64. Hardt v. Schuylkill Plush & Silk Co. (1902), Sup. Ct. N. Y., Ingraham, J., 231. Harpke, In re (1902), C. C. A., 7th Cir., Grosscup, J., 194. Hawk, In re (1902), C. C. A., 8th Cir., Sanborn, J., 104. Hamilton v. McCrosky (1900), Sup. Ct. Ga., Lewes, J., 208. Hamilton Furniture & Carpet Co., In re (1902), Dist. Ind., Baker, J., 222. Hathaway v. Masterson (1902), Ct. App. 111., 1st Cir., Water- man, J., 104. Harrison v. Walker (1902), Sup. Ct. Mich., Montgomery, J., 195. Hayes, Foster & Ward, In re (1902), W. Dist. Ky., Evans, J., 208. Haskell v. Merrill et al. (1900), Sup. Ct. Mass., Holmes, J., 244. Headley, In re (1899), W. Dist. Mo., Philips, J., 74, 179, 274. Heinsfurter, In re (1899), S. Dist. la., Woolson, J., 16, 228. Herrman, In re (1900) , S. Dist. N. Y., Brown, J., 97. XXIV TABLE OF CASES DIGESTED. The numbers refer to the pages. Henrich, In re (1899), Dist. Md., Hisky, R., 248. Hesselton v. Prince (1899), Dist. Mass., Lowell, J., 242. Heyman, In re (1899), S. Dist. N. Y., Thomas, J., 183. Heyman, In re (1901), S. Dist. N. Y., Brown, J., 87. Hebbart, In re (1900), Dist. Vt., Wheeler, J., 192. Hemby, Hutchinson Publ. Co., In re (1900), N. Dist. 111., Kolh- saat, J., 130. Henschel, In re (1901), S. Dist. N. Y., Wise, R., 28. Henschel, In re (1901), S. Dist. N. Y., Brown, J., 5, 157, 173. Head & Smith, In re (1902), W. Dist. Ark., Rogers, J., 229. Henschel, In re (1902), C. C. A., 2nd Cir., Wallace, J., 173, 273 Hemstreet, In re (1902), N. Dist. la., Shiras, J., 122. Henschel, In re (1902), S. Dist. N. Y., Adams, J., 13, 137. Herron Co. v. Sup. Ct.Inre (1902), Sup. Ct. Cal., Harrison, J., 2. Herzikopf, In re (1902), S. Dist. Cal., Wellborn, J., 117. Hill v. Levy, In re (1900), E. Dist. Va., Waddill, J., 181. Hirsch, In re (1900), S. Dist. N. Y., Brown, J., 92, 96. Hicks v. Knost, In re (1899), S. Dist. O., Thompson, J., 129. Hicks v. Knost, In re (1900), U. S. Sup. Ct., Gray, J., 128. Hilborn, In re (1900), S. Dist. N. Y., Brown, J., 87. Hilton, In re (1900), S. Dist. N. Y., Brown, J., 84. Hixon, In re (1899), S. Dist. la., Woolson, J., 279. Hill, In re (1899), N. Dist. Ga., Newman, J., 22, 60. Hirsch, In re (1899), W. Dist. Tenn., Hammond, J., 53, 91. Hindman, In re (1900), C. C. A., 9th Cir., Hawley, J., 66. Hicks, In re (1901), Dist. Vt., Wheel- er, J., 41, 75. Hilberg, In re (1901), W. Dist. Pa., Myers, R., 209. Hickey, In re (1901), N. Dist. la., Shiras, J., 182. Hinsdale, In re (1901), Dist. Vt., Wheeler, J., 248. Hines, In re (1902)., S. Dist. Va. Keller, J., 68. Higgins, In re (1899), Dist. Ky.; Evans, J., 234. Hoadley & Monroe, In re (1900), S. Dist. N. Y., Brown, J., 244. Hoag, In re (1899), W. Dist. Wis., Bunn, J., 63. Horgan & Slattery, In re (1910), C. C. A., 2nd Cir., Wallace J., 74, 123 Howland, In re (1901), N. Dist. N. Y., Coxe, J., 222. Holloway, In re (1899), Dist. Ky., Evans, J., 80, 82. Holman, In re (1899), S. Dist. la., Woolson, J., 91, 102, 279. Hopkins, In re (1900), Dist. Vt., Wheeler, J., 64. Hopkins, In re (1899), N. Dist. Ala., Turner, R., 62, 236. Hollenfeltz, In re (1899), N. Dist. la., Shiras, J., 224. Houston, In re (1899), Dist. Ky., Evans, J., 84, 205. Howard, In re (1900), N. Dist. Cal., DeHaven, J., 122, 177. House, In re (1900), E. Dist. N. Y., Thomas, J., 99. Hoover, In re (1900), E. Dist. Pa., McPherson, J., 104. Hoyer v. Comstock (1901), Sup. Ct. la., Gibbons, J., 202. Holden, In re (1902), C. C. A., 9th Cir., McKenna, J., 69, 249. Hoover, In re (1902), E. Dist. Pa., Buffington, J., 62. Howden, In re (1901), N. Dist. N. Y., Coxe, J., 94. Holstein, In re (1902), Dist. Conn., Platt, J., 98, 101. Harbaugh v. Costello (1900), Sup. Ct. 111., Magruder, J., 2. Hoffman Addn., In re (1900), S. Dist. N. Y., Brown, J., 97. Holland v. Cunliff (1902), Ct. App. Mo., Barclay, J., 111. Hood v. Blair State Bank (1902), Sup. Ct. Neb., Barnes, J., 252. Hubbard, In re (1899), N. Dist. Ill.,Kohlsaat,J.,108. Hughill, In re (1899), N. Dist. O., Ricks, J., 234. Huber, In re (1899), N. Dist. N. Y., Judson, R., 97, 206. Huddleston, In re (1899), N. Dist. Ala., Turner, R., 149, 240. Huffman, In re (1899), W. Dist. Pa., Myers, R., 236. Humbert & Co. (1900), N. Dist. la., Shiras, J., 118, 188, 26G. TABLE OF CASES DIGESTED. XXV The numbers refer to the pages. Huston, r / re (1901), S. Dist. N. Y., Holt, R., 243. Huenergardt v. Brittain Dry Goods Co. (1902), C. C. A. f 8th Cir., Thayer J., 67. Hull, In re (1902) , Dist. Vt., Wheeler, J., 243, 246. Hutchinson v. Otis (1902), C. C. A., 1st Cir., Putnam, J., 231. Hutcinson v. Leroy (1902), C. C. A., 1st Cir., Putnam, J., 129, 136. Hunt, In re (1902), N. Dist. la., Shiras, J., 117. Hyde & Glo Mfg. Co. (1900), E Dist. N. Y., Thomas, J., 116. Hyman, In re (1899), S. Dist. N. Y., Thomas, J., 102, Ideal Clothing Co. v. Hazel (1901), Sup. Ct. Mich., 129. Idzell, In re (1899), S. Dist. la., Woolsen, J., 93. Independent Thread Co., In re (1902) Dist. N. Y., Kirkpatrick, J., 50. Ives, In re (1902), C. C. A., 6th Cir Wanty, J., 28, 54, 118, 136. J. Jacobs, In re (1899), W. Dist. la., Jones, R., 198, 225. Jackson, In re (1899), Dist. Vt., Wheeler, J., 177. Janecki Mfg. Co. v. McElwaine (1900) Dist Ind., Baker, J., 58. Jacobs/ In re (1900), C. C. A., 8th Cir., Thayer, J., 134. Jamieson, In re (1901), Dist R. I., Littlefield, R., 243. Jackson, In re (1902), E. Dist. Pa., McPherson, J., 68, 221. Jaquith v. Alden In re (1902), C. C. A., 1st Cir., Lowell, J., 202. Jefferson, In re (1899), Dist. Wash., Handford, J., 123. Jefferson, In re (1899), Dist. Ky., Evans, J., 205. Jehu, In re (1899), N. Dist. la., Shiras J., 75, 177, 187. Jemison Mercantile Co., In re (1902), C. C. A., 5th Cir., McCormick, J., 135, 190, 192. Jennings, In re (1902), W. Dist. N. Y., Hotchkiss, R., 231. Johnson, In re- (1901), Dist. Vt., Wheeler, J., 236. Johnson v. Wold (1899), C. C. A., 5th Cir.,Shely,J.,33, 34, 35. Jones, In re (1899), S. Dist. Wis., Seaman, J., 63. Johnson v. Cohn (1902), Sup. Ct. N. Y., Gildersleeve, J., 194. Jones & Cook, In re (1900), E. Dist. Mo., Adams, J., 56, 57. Jones v. Stevens, In re (1901), Sup. Ct., Me. Wiswell, J., 143. Johnson, In re (1901), N. Dist. la., Shiras, J., 68. Johnson, Admr., v. Partnenter (1901) Sup. Ct. Vt. , Rowell, J . , 1 1 1 . Jourdan, In re (Dickson v. Wyman (1901), C. C. A., 1st Cir., Putnam, J., 202. Jones, In re (1900), Dist. Mass., Lowell, J., 179. Jones v. Schermerhorn (1900), Sup. Ct. N. Y., Adams, J., 132, 233. Jones, In re (1902), E. Dist. N. C., Purnell, J.,56. Joseph v. Makley (1902), Sup. Ct., N. Y., App., Div., O'Brien, J., 84. Jones v. Rock & Malloy (1898), Dist. Ct. Pa., Clayton, J., 194. K. Kahn, In re (1902), S. Dist. N. Y., Wise, R., 85. Kahn v. Export & Commission Co. (1902), C. C. A., 5th Cir., 201. Kaizer, In re (1902), Dist. Mont., Knowles, J., 163. Kaldenberg, In re (1900) , S. Dist. N. Y., Brown, J., 175. Kalter, Max In re (1899), E. Dist. Pa., Mason, R., 165. Kaiser, In re (1900), Dist. Minn., Lochren, J., 92, 279. Kautter & Cohen, In re S. Dist. N. Y., Adams, J., 74. Kaufman, In re (1900), E. Dist. N. Y., Thomas, J., 209. Kenney, In re (1900), C. C. A., 2nd Cir., Laconde, J., 237. Ketchum, In re (1901), C. C. A., 6th Cir., Clark, J., 27, 28. Keller, In re (1901), N. Dist. la., Shiras, J., 181, 196, 201, 215. Kersten & Kersten, In re (1901), E. Dist. Wis., Seaman, J., 22, 37, 42. Kellogg, In re (1901), W. Dist. N. Y., McMaster, R., 237. Kellogg, In re (1902), W. Dist. N. Y., Hazel, J., 20, 132, 227, 246. XXVI TABLE OF CASES DIGESTED. The numbers refer to the pages: Ketcham v. McNamara (1900), Sup. Ct. Conn., Baldwin, J., 243. Keystone Coal Co., In re (1901), W. Dist. Pa., Van Worner, R., 50. Keystone Coal Co., In re (1901), W. Dist. Pa., Buffington, J., 50. Kenyon, In re (1902), N. Dist. la., Shiras, J., 100, 101. Keller v. Fort Wayne Electric Co. (1899), Cir. Ct.Ia., Craig, J., 232. Kelley, In re (1899), W. Dist. Tenn., Hammond, J., 239. Kenney, In re (1899), S. Dist. N. Y., Brown, J., 52. Kerby- Dennis Co., In re (1900), E. Dist. Wis., Seaman, J., 235. Kerski, In re (1900), E. Dist. Wis., Forward, R., 27. Keegan v. King (1899), Dist. Ind., Baker, J., 23. Kelley Dry Goods Co., In re (1900), E. Dist. Wis., Seaman, J., 24, 41, 42, 213, 266, 276. Kemp, In re (1900), Dist. Col., Hal- lett, J., 233. Kingman, In re (1899), Dist. Mass., Farmer, R., 256, 254. Kimball v. Rosenham Co., In re (1902), C. C. A., 8th Cir., San- born, J., 108, 202. Henry C. King Co., In re (1902), Dist. Mass., Lowell, J., 179. Kirby-Dennis Co., In re (1899), C. C. A., 7th Cir., Jenkins, J., 220. Kimball, In re (1899), W. Dist. Pa., Buffington, J., 81, 82. Kindt, In re (1899), S. Dist. la., Shiras, J., 116. Kindt, In re (1900), S. Dist. la., Shiras, J., 20, 191, 201, 260. Kimball, In re (1899), Dist. Mass., Lowell, J., 175, 260. Kinmouth v. Brautigam (1900), Sup. Ct. N. Y., Collins, J., 233. Klein & Co., In re (1902), S. Dist. N. Y., Adams, J., 159. Klopholtz & Brien, In re (1902), E. Dist. Pa., McPherson, J., 226. Kleinhans, In re (1902), W. Dist. N. Y., Hazel, J., 17. Kletchka, In re (1899) , S. Dist. N. Y., Brown, J., 80, 81, 82. Klingman, In re (1899), S. Dist. la., Shiras, J., 196. Klein, In re (1900), N. Dist., 111., Kohlsaat, J., 83. Klingaman, In re (1899), S. Dist. la., Gale, R., 245. Knott, In re (1900), Dist. Vt., Whee- ler, J., 176. Knott v. Putnam (1901), Dist. Vt., Wheeler, J., 94, 106. Knost & Wilhelmy, In re (1899), S. Dist. O., Waite, R., 181, 193. Knox, In re (1900), S. Dist. N. Y., Coxe, J., 181. Kross, In re (1899), S. Dist. N. Y., Brown, J., 75, 212. Kuffler, In re (1899), S. Dist. N. Y., Brown, J., 157. Krinsky Bros., In re (1902), S. Dist. N. Y., Adams, J., 26, 28. Kuntz, In re (1899), Dist. Minn., Dovan, R., 244. Lane v. Holcombe (1902), Sup. Ct. Mass., Knowlton, J., 111. Laundry v. First Natl. Bank (1903) , Sup. Ct. Kans., 193. Landis v. McDonald, (1901), Ct. App. Mo., Ellison, J., 194. Lampkin v. Peoples Natl. Bank (1902), Sup. Ct. Mo., Ellison, J., 199. Lafleche, In re (1901), Dist. Vt., Wheeler, J., 109. Lamoillie, &c., Bank v. Stevens Est. (1901), Dist. Vt., Wheeler, J., 55. Lawlor, In re (1901), Dist. Washing- ton, Handford, J., 215, 217. Lanshaw, In re (1902), Dist. Mo., Philips, J., 174. Lange, In re (1899), N. Dist. la., Shiras, J., 34, 249. Langslow et al., In re (1899), N. Dist. N. Y., Coxe, J., 167. Laskaris, In re (1899), N. Dist. N. Y., Morse, R., 15. Lasser Bros., In re (1900), C. C. A., 2nd Cir., Shipman, J., 175. Lazarovic, In re (1898), Dist. Kans., Corey, R., 16, 148. Lange, In re (1899), S. Dist. N. Y., Brown, J., 41. Lange, In re (1900), S. Dist. N. Y., Brown, J., 196. Laughlin, In re (1899), N. Dist. la., Shiras, J., 52, 58, 72. Levi, In re (1903), W. Dist. N. Y., Hazel, J., 194. Levy, In re (1899), N. Dist. N. Y., Coxe, J., 54. Leslie, In re (1903), N. Dist. N. Y., Ray, J., 95. Leicester v. Hoadley (1903), Sup. Ct. Kas., Cunningham, J., 112. Lesser, In re, C. C. A., 2nd Cir., Shipman, J., 237. TABLE OF CASES DIGESTED. XXV11 The numbers refer to the pages. Lengert Wagon Co., In re (1901), S. Dist. N. Y. f Adams, J., 22. Lemon, &c., Co., In re (1901), C. C. A., 5th Cir., Day, J., 29, 130. Levi, In re (1902), W. Dist. N. Y., Van Vorhis, R., 180. Levor v. Seiter et al., In re (1902), Sup. Ct. N. Y., Patterson, J., 194, 231, 233. Lehigh Lumber Co., In re (1900), W. Dist. Pa., Buffington, J., 56, 196 Levy, In re (1901), W. Dist. Pa., Buffington, J., 86, 88. Levy, In re (1900), E. Dist. Wis., Seaman, J., 168. Lewis, In re (1900), Dist. Mass., Lowell, J., 207, 214. Leopold, In re (1901), S. Dist. N. Y., Wise, R., 101. Lesser, In re (1901), S. Dist. N. Y., Brown, J., 175. Lesser Bros., In re (1901), S. Dist. N. Y., Brown, J., 100. Levor v. Seiter (1901), Sup. Ct. N. Y., Leventripp, J., 229. Lea Bros. v. Geo. M. West Co. (1899), E. Dist. Va., Waddill, J., 28, 252, 253. Lewis & Bros., In re (1899), S. Dist. N. Y., Brown, J., 6, 229. Lewis, In re (1899), S. Dist. N. Y., Brown, J., 44. Leeman, In re (1899), Dist. Me., Sprague,, R., 180. Leidigh Carriage Co. v. Stengil (1899) C. C. A., 6th Cir., Taft, J., 28, 40, 41, 47, 83, 115, 251. Leigh Bros., In re (1899), Dist. Col., Patterson, R., 220. Levy & Richman, In re (1899), N. Dist. N. Y., Moss, R., 51. Lehman v. Crosby, In re (1900), S. Dist. N. Y., Brown, J., 128. Lesser, In re (1900), C. C. A., 2nd Cir., Lacombe, J., 79. Lewensohn, In re (1900), S. Dist. N. Y., Brown, J., 75, 76, 157, 225. Liebowitz, In re (1901), N. Dist. Tex., Meek, J., 185. Little, In re (1901), N. Dist. la., Shiras, J., 60, 131, 183, 226. Linton, In re (1902), E. Dist. Pa., Hoffman, R., 120, 273. Lisun v. Kraus (1901) , Sup. Ct. N. Y., Hazel, J., 112. Lipke, In re (1900), S. Dist. N. Y., Brown, J., 27, 78. Little River Lumber Co., In re (1899) W. Dist. Ark., Rogers, J., 34, 193. Little River Lumber Co., In re (1900) W. Dist. Ark., Rogers, J., 212. Libby, In re (1900), Dist. Vt., Whee- ler, J., 65. Lipman, In re (1899), S. Dist. N. Y. Brown, J., 174. Lieber, In re (1899), Dist. Pa.,' Mason, R., 102. Lond, In re (1899), E. Dist. Mich.; Davock, R., 220. Logorri v. Haven (1902), Sup. Ct. N. Y., Gildersleeve, J., 232. Lott v. Young (1901), C. C. A., 9th Cir.,Hawley, J.,52. Louisville Trust Co. v. Comingor (1902), Sup. Ct. U. S., Fuller, J., 128. Louisville Trust Co. v. Marx (1899), Dist. Ky., Evans, J., 129. Logan, In re (1900), Dist. Ky., Evans, J., 93. Logan v. Nebraska Moline Plow Co. (1902), Sup. Ct, Neb., Day, J., 221. Lowensohn, In re (1900), S. Dist. N. Y., Brown, J., 225, 234. Locks, In re (1900), W. Dist. N. Y., Hazel, J., 96. Lorillard, In re (1901), C. C. A., 2d Cir., Lacombe, J., 108. Lowenstein, In re (1899), S. Dist.N. Y., Brown, J., 174. Ludovice Roofing Tile Co. v. Penn. Inst. for the Blind, C. C. A., Dist. Pa., Archbald, J., 231. Luckhardt, In re (1900), Dist. Kan.,' Hook, J., 49. Lyon, In re (1901), S. Dist N. Y.,' Wise, R., 273. Lyon v. Clark (1900), Sup. Ct. Mich.,' Moore, J., 131, 132. Lynch, In re (1900), S. Dist. Ga.J Speer, J., 66, 161. Lynch, In re (1889), W. Dist. Mo.; Crittenden, R., 65. M. Malino, In re (1902), E. Dist. N. Y.; Adams, J., 158. Marsh, In re (1902), Dist. Conn.J Platt, J., 208. Marx et al., In re (1900), Dist. Ky.J Evans, J., 73, 102. Mallner, In re (1902), Sup. Ct. N. Y.J Patterson, J., 111. xxvm TABLE OF CASES DIGESTED. The numbers refer to the pages. Macon Sash, &c., Co., In re (1901), S. Dist. Ga., Spear, J., 1, 17, 23, 130. Manning, In re (1902), E. Dist. Pa., McPherson, J., 66, 269. Martin v. Bigelow (1901), Sup. Ct. N. Y., Scott, J., 7, 201. Margden v. Sugden (1902), Sup.Ct. N. H.,Renwick,J.,199. Mackey, In re (1901), C. C. A., 2d Cir., 249. Magid-Hope Silk Mfg. Co., In re (1901), Dist. Mass., Lowell, J., 14, 115. Maisner v. Maisner (1901), Sup. Ct. N. Y., Patterson, J., 99, 105. Mammoth Pine Lumber Co., In re (1901), W. Dist. Ark., Rogers, J., 192. Marks & Garson, In re (1901) .W.Dist. N. Y., Van Vooris, R., 206. Marsh, In re (1901), Dist. Vt., Wheeler, J., 96. Marvin v. Anderson (1901), Sup. Ct. Wis., Marshall, J., 7. Matthews, In re (1901), W. Dist. Ark., Rogers, J., 236. Mauran v. Crown Carpet Lining Co. (1901), Sup. Ct. R. I., Rogers, J., 2-235. Mayer, In re (1901), C. C. A., 7th Cir., Woods, J., 25, 66. Mackeller, In re (1902), Middle Dist. Pa., Archibald, J., 173. Mauran v. Crown Carpet Lining Co. (1901), Sup. Ct. R. I., Rogers, J., 2-235. MaCauley, In re (1900), E. Dist. N. Y., Thomas, J., 105. Mahler, In re (1900), E. Dist. Mich., Swan, J., 206. Maples, In re (1901), Dist. Mont., Knowles, J., 91, 118. Marcus, In re (1900), Dist. Mass., Lowell, J., 207. Marcus, In re (1901), C. C. A., 1st Cir., Putnam, J., 207. Marten, In re (1901), W, Dist. N. Y., Hazel, J., 80. May, In re (1900), Dist. Minn., Mer- riman, R., 242. Mason, In re (1900), W. Dist. N. C., Ewart, J., 14, 117. Matthews, In re (1899), S. Dist. la., Shiras,J.,167. Mayer, Inre (1900), E. Dist. Wis., Seaman, J. ,26, 27, 212, 213. Mayer, In re (1899), E. Dist. Wis., Seaman, J., 123. Mayer, In re (1900), E. Dist. Wis.; Seaman, J., 215. Mackel v. Rochester (1900), C. C. A., 9th Cir., Morrow, J., 74. Marden v. Phillips (1900), Dist. Mass., Brown, J., 178. Marquette, In re (1900), Dist. Vt., Wheeler, J., 66. Marshall Paper Co., In re (1900), C. C. A., 1st Cir., Colt, J., 91, 94. Mackey & Co., In re (1898), N. Dist. N. Y., Collier, R., 150. Marine Machine & Conveyor Co., In re (1899), S. Dist. N. Y., Brown J., 13, 15, 42. Mather u.Coe.&c.Co. (1899), N. Dist. O., Ricks, J., 34, 36, 38, 116, 261, 302. Marshall Paper Co., In re (1899), Dist. Mass., Lowell, J., 93, 104. Mason & Son, In re (1899) , Dist. R. I. Littlefield, R., 51. Mahoney et al. v. Ward (1900), E. Dist. N. C., Purnell, J., 24, 52, 71 115, 302. McCormick v. Page (1901), Ct. App. 111., Dibbell, J., 199. McCullough & Linn v. Goodheart (1899), Cumberland Co. Com. Pleas Ct., Biddle, J., 254. McCall v. Hening (1902), Sup. Ct. Ga., Little, J., 111. McArvdy v. Tantz (1902), Cir. Ct. Pa., Weard, J., 2. Mclntyre v. Malone et al. (1902) , Sup. Ct. Neb., 81. McCallum In re (1902), E. Dist. Pa., McPherson, J., 19. McCarty, In re (1901), N. Dist 111., Humphrey, J., 95. McGahan v. Anderson (1902), C. C. A., 4th Cir., Jackson, J., 25, 161, 64. McHany (1901), C. C. A., 7th Cir., Grosscup, J., 248. McLean v. Mayo (1901), E. Dist. N. C., Purnell, J., 80. McNair v. Mclntyre (1902), C. C. A., 4th Cir., Simonton, J., 53, 58, 182. McBachran, In re (1902), E. Dist. Wis., Seaman, J., 101. McCartney, In re (1901), E. Dist. Wis., Seaman, J., 21. McFarland Carriage Co. et al. v. Salanas et al. (1901), C. C. A., 5th Cir., 21. McFarland Carriage Co. i>. Salanas (1901), E. Dist. La., Boarman, J-, 247. TABLE OF CASES DIGESTED. XXIX The numbers refers to the pages. McGee, In re (1901), N. Dist. N. Y., Coxe, J., 34, 35, 36. McGill, In r~ (1901), C. C. A., 6th Cir., Day, J., 171, 173. McKey v. Lee (1901), C. C. A., 7th Cir., Grossctip, J., 181, 201. McNamara et al. v. Helena Coal Co. (1900), N. Dist. Ala., Bruce, J., 49. McCutchen, In re (1900), E. Dist. S. C., Brawley, J., 64. McDonnell, In re (1900), N. Dist. la., Shiras, J., 242. McDuff, In re (1900), C. C. A., 5th Cir., Pardee, J., 148, 266. McGtirn, In re (1900), Dist. Nev., Hawley, J., 279. McDanielu. Strand (1901), C. C. A 4th Cir., Simonton, J., 134. McAdam, In re (1899), S. Dist.N. Y., Brown, J., 140. McBride, In re (1899), E. Dist. N. C., Purnell, J. 209. McCullogh & Linn v. Goodhard (1899), Cir. Ct. Pa., Cumber- land Co., Pa., Biddle, J., 2. McCormick, In re (1899), S. Dist. N. Y., Brown, J., 25, 27. McFaun, In re (1899), N. Dist. la., Shiras, J., 56, 72,93, 108. McLam, In re (1899), Dist. Vt., Wheeler.J., 139, 223. McKay, In re (1899), N. Dist. O., Wheeler, R., 245. McKee, In re (1899), Jefferson Co. Ct., Ky., Gregory, J., 252, 254. McNamara, In re (1899), S. Dist. N. Y., Wise, R., 98. Mencke v. Rosenberg (1902), Sup. Ct. Pa., Mestrezot, J., 231. Mercur, In re (1902), E. Dist. Pa., Archbald, J., 53,58, 187. Metzger Toy & Novelty Co., In re (1902), W. Dist. Ark., Rogers, J., 197. Metcalf Bros. v. Barker (1902), Sup. Ct. U. S., Fuller, C. J., 257. Metcalf v. Barker (1902), Sup. Ct. U. S., Fuller J., 222, 231, 237, 251. Meggett, In re (1900), Sup. Ct. Wis., Dodge, J., 112. Mersman, In re (1901), W. Dist. N. Y., Hotchkiss, R., 131, 196. Messengill, In re (1902), E. Dist. N. C., Purnell, J., 86, 88. Meriwether, In re (1901), W. Dist. Ark., Trieber, J., 59. Mellen, In re (1899), S. Dist. N. Y., Brown, J., 73, 124. Meyer, In re (1902), N. Dist. Tex.7 Meek, J., 179. Meyer, In re (1899), C. C. A., 2nd Cir, Wallace, J., 40, 52, 53. Meyers, In re (1899), S. Dist. N. Y., Brown, J., 91, 263. Meyers, In re (1900), S. Dist. N. Y., Brown, J., 95, 103, 104, 134. Meyers & Charni, In re (1900), Dist. Ind., Baker, J., 175. Meyer & Dickinson, In re (1901), E. Dist. N. Y., Thomas, J., 180. 238. Meyers, In re (1899), N. Dist. N. Y., Hotchkiss, R., 36. Meyers & Co., In re (1899), N. Dist. N. Y., Hotchkiss, R., 246, 254. Mercur, In re E. Dist. Pa., McPher- son, J., 191. Miller v. Shiver (1900), Sup. Ct. Pa., Fell, J., 230. Michie, In re (1902), Dist. Mass., Lowell, J., 21, 131. Mitchell, In re (1902), Dist. Del., Bradford, J., 6, 207. Miner, In re (1902), Dist. Ore., Bellinger, J., 92, 176. Miller v. Black (1901), Dist. Ct. Pa., 69. Miller Electric Maintenance Co., In re (1901), W. Dist. Pa., Buffington, J., 19, 28. Miller, In re (1900), W. Dist. N. Y., Hazel, J., 8, 36, 39. Miller, In re (1900), N. Dist. la., Shiras, J., 27, 154. Miller, In re (1900), Dist. Mass., Lowell, J., 251. Miller, In re (1899), W. Dist. Mo., Crittendon, R., 64. Mills v. Kiernan (1900), Sup. Ct. N. Y., Birchoff, J., 127. Mingo Valley Creamery Assn., In re (1900), E. Dist. Pa., McPher- son, J., 34. Mitchell v. McClure, In re (1900), U. S. Sup. Ct., 128. Minn. &c., Construction Co., In re (1900), Sup. Ct. Ariz., 51. Michel, In re (1899), E. Dist. Wis.; Jones, R., 212. Mitchell v. McClure, In re (1899), W. Dist. Pa., Buffington, J., 127. Mitchell, In re (1899), W. Dist. Pa., Van Werner, R., 163. Monroe, In re (1902), Dist. Wash., Handford, J., 72, 91. Moore, In re (1901), Middle Dist. Ala., Jones, J., 62. XXX TABLE OF CASES DIGESTED. The numbers refers to the pages: Moran v. King (1901), C. C. A., 4th Cir., Boyd, J., 60, 72. Morton, In re (1902), Dist. Mass., Lowell, J., 179. Morey Mer. Co. v. Schiffer (1902), C. C. A., 8th Cir., Sanborn, J., 182 202 Morris, 'in re (1902), E. Dist. Pa., McPherson, J., 45. Morse & Rogers v. Kaufman (1902), Sup. Ct. App., Va., Whittle, J., 109, 110. Mosier, In re (1901), Dist. Vt., Wheeler, J., 56. Morgan v. Wordell (1901), Sup. Ct. Mass., Holmes, J., 239. Morrison, In re (1901), E. Dist. Ark., Trieber, J., 67. Moore, In re (1901), Dist. Vt., Wheeler, J., 159. Moore, In re (1900), Dist. W. Va., Jackson, J., 240. Morales, In re (1901), S. Dist. Fla., Locke, J., 44. Moran, In re (1900), W. Dist. Pa., Paul, J., 63, 72. Morris v. Dodd, In re (1900), Sup. Ct. Ga., Fish, J., 243. Morgan, In re (1900), W. Dist. Ark., Rogers, J., 102. Morrow, In re (1899), N. Dist. Cal., DeHaven, J.,96. Moyer, In re (1899), E. Dist. Pa., McPherson, J., 38, 188. Muhlhausen Co., In re (1902), N. Dist. O., Remington, R., 163. Murray v. Beal (1901), Sup. Ct. Utah, 44. Mueller v. Bruss (1901), Sup. Ct. Wis., Barnum, J., 253. Mueller v. Nugent (1902), Sup. Ct. U. S., Fuller, J., 26, 27, 128, 148, 240. Mutual Mercantile Agency, In re (1901), S. Dist. N. Y., Adams, J., 42, 50. Mullen, In re (1900), Dist. Mass., Lowell, J., 229. Munroe v. Dewey, In re (1900), Sup. Ct. Mass., Holmes, J., 244. Murray, In re (1899), S. Dist. la., Shiras, J., 54, 118, 263. Murray v. Beale (1899), Dist. Utah, Marshall, J., 19, 128, 129, 232. Murray et al., In re (1899), N. Dist. la., Shiras, J., 263. Mussey, In re (1900), Dist. Mass., Lowell, J., 109. Mutual, &c., Assn. v. Beatty (1899), C. C. A., 9th Cir., Morrow, J., 108. Myers, In re (1900), E. Dist. Pa.; Mason, R., 65. Myers, In re (1900), E. Dist. Pa., McPherson, J., 242. Myers v. Hart (1901), C. C. Ohio, Cook J., 131. N. Nachman, In re (1902), Dist. S. C., Brawley, J., 74, 123. Natl. Bank of the Republic v. Hobbs (1901), Cir. Ct. S. Dist. Ga., Speer, J., 262. Natl. Bank v. Moyss (1902), Sup. Ct. U. S., Fuller, C. J., 148. Nathan, In re (1899), Dist. Nev., Hawley, J., 81. Natl. Distilling Co. v. Seidel (1899), Sup. Ct. Wis., Marshall, J., 84. Natl. Bank & Loan Co. v. Spencer (1900), Sup. Ct. N. Y., Spring, f. 232 Neeley, In re (1902), C. C. A., 2nd Cir., Lacombe, J., 84. New Lamp, &c., Co. v. Ansonia Brass, &c., Co. (1876), Sup. Ct. U. S., 1. New Orleans Acid & Fertilizer Co v. Grisson & Suggs (1901), Sup. Ct. Miss., Calhoun, J., 228. Nelson, In re (1899), W. Dist. Wis., Bunn, J., 36, 39, 43, 59, 117. Neustadter v. Chicago Dry Goods Co. (1899), Dist. Washington, Handford, J., 119, 186, 236. Newberry, In re (1899), W. Dist. Mich., Severns, J., 138. New York & Westchester Water Co., In re (1900), S. Dist. N. Y., Brown, J., 49. New York Economical Ptg. Co., In re (1901), C. C. A., 2nd Cir., Putnam, J., 134, 221, 251. Neiman, In re (1901), E. Dist. Wis., Seaman, J., 210. Newton, In re (1901), C. C. A., 8th Cir., Adams, J., 23, 24. Nixon, In re (1901), Dist. Mont., Knowles, J., 46. North v. Taylor (1901), Sup. Ct. N. Y., Parker, J., 243. Norcross, In re (1899), W. Dist. Mo., Hall, R., 49. Northrup, In re (1899), N. Dist. N. Y., Hotchkiss, R., 148, TABLE OF CASKS DIGESTED. XXXI The numbers refers to the pages. Norcross v. Nathan (1900), N. Dist. Cal., Hawley, J., 4. Norcross v. Nathan (1900), Dist. Nev., Hawley, J., 128. Nowell, In re (1900), Dist. Mass., Lowell, J., Norcross v. Nave & McCord Mer- cantile Co. (1900), C. C. A., 8th Cir., 136. Novak, In re (1900), N. Dist. la., Shiras, J., 43, 246, 247. Nunn, In re (1899), S. Dist. Ga., Proudfoot, R., 60. Nugent, In re (1900), C. C. A., 6th Cir., Severens, J., 83. Nyev. Hart (1901), 132. O. O'Connell, In re (1899), S. Dist. N. Y., Brown, J., 211. O'Gara, In re (1899), Dist. Ore., Bellinger, J., 97. Oconee Milling Co., In re (1901), C. C. A., 5th Cir., 225. Oderkirk, In re (1900), Dist. Vt., Wheeler, J., 64. Ogden v. Saunders (1827), Sup. Ct. U. S., 1. Ogles, In re (1899), W. Dist. Tenn., Hammond, J., 80, 116, 261, 302. Ogles, In re (1899), W. Dist. Tenn., Walker, R., 214, 239. Ogilvie, In re (1901), S. Dist. Ga., MacDonell, R.,67. Ohio Co-operative Shear Co., In re (1899), N. Dist. O., Fay, R., 245. Old Town Bank v. McCormick (1903), Sup. Ct. Md., Fowler, J-,2. Oliver, In re (1899), N. Dist. Cal., DeHaven, J.,28, 148. Oliver v. Hilgers (1902), Sup. Ct. Minn., Lewis, J., 199. Oliver, In re (1901), W. Dist. Mo., Philips,;., 201. Oleson, In re (19011, N. Dist. la., Shiras, J., 65, 105. Oriental Society, In re (1900), E. Dist. Pa., McPherson, J., 49. Orman, In re (1901), C. C. A., 5th Cir., 134. Osborn, In re (1900), W. Dist. N. Y., Hazel, J., 62. Osborn v. Perkins (1901), C. C. A., 1st Cir., Aldrich, J.,94. Osborn, In re (1902), C. C. A., 1st Cir., Putnam, J., 93. Otto, In re (1902), Dist. N. J., Kirk- patrick, J., 98, 101. Otto, In re (1902), Dist. N. J., Lewis, R., 94. Ott, In re (1899), S. Dist. la., Wool- son, J., 211. Overstreet, In re (1899), E. Dist. Ark., Dooley, R., 59. Owens v. Bruce (1901), C. C. A.; 4th Cir., Waddill, J., 163. P. Patten v. Corley (1902), Sup. Ct. N. Y., Bartlett, J., 221. Paxton v. Scott (1902), Sup. Ct. Neb., 111. Page, In re (1900), E. Dist. Pa., McPherson, J., 242. Park. In re (1900), W. Dist. Ark.; Rogers, J., 60. Patty-Joiner Co. v. Cummins (1900), Sup. Ct. Texas, Gaines, J., 2,41. Page, In re (1901), C. C. A., 3rd Cir.,' Bradford, J., 242. Page v. Edmunds (1902), U. S. Sup. Ct., McKenna, J., 242. Packer v. Whittier (1899), C. C. A.,' 1st Cir., Webb, J., 180. Parker, In re (1899), Dist. Kans.,' White, R., 63, 75, 92. Parmenter Mfg. Co. v. Hamilton (1898), Sup. Ct. Mass., Knowl- ton, J., 2, 38, 37. Parmenter Mfg. Co. v. Hamilton (1899), Sup. Ct. Mass., Know- ton, J., 252. Pauley, In re (1899), N. Dist. N. Y.; Hotchkiss, R., 254. Page, In re (1900), N. Dist. O.; Ricks, J., 115, 133. Peiser, In re (1902), E. Dist. Pa., McPherson, J., 13, 29. Peoples Bank of Buffalo v. Brown (1902), C. C. A., 3rd Cir., Dal- las, J., 122, 123, Peterson v. Nash Bros. (1901), C. C. A., 8th Cir., Adams, J., 200, 201. Pennewell, In re (1902), C. C. A., 6th Cir., Severens, J., 208. Peck v. Connell (1902), Sup. Ct. Pa., Porter, J., 194. Penzansky, In re (1902), Dist. Mass., Farmer, R., 47. People v. Schwartz & Greenberg (1902), Criminal Ct. Cook Co., 111., Kavanagh, J., 74. Pearsall v. Nasau Natl. Bank (1902), Sup. Ct. N. Y., Jenks, J., 201, 232. XXX11 TABLE OF CASES DIGESTED. The numbers refers to the pages. Peacock, In re (1900), E. Dist. N. C., Purnell, J., 92, 279. Pease, In re (1900), N. Dist. N. Y., Hotchkiss, R., 230. Peter Paul Book Co., In re (1900), W. Dist. N. Y., Hazel, J., 42, 202, 213. Pearsall v. Nashua Natl. Bank (1902), Sup. Ct. N. Y., Jenks, J., 232. Peck Lumber Mfg. Co. v. Mitchell (1899), Lackawanna Co. Ct. Pa., Com. Pleas, Edwards, J., 4, 256. Peters, In re (1899), Dist. Mass., Olmstead, R., 73. Peterson, In re (1899), E. Dist. Wis., Jones, R., 161. Pearson, In re (1899), S. Dist. N. Y., Brown, J., 235. Pearson, In re (1899), E. Dist. Pa., Coffin, R., 240. Peterson, In re (1899), N. Dist. Cal., DeHaven, J., 60. Pepperdine v. Natl. Exchange Bank (1900), Ct. App. Mo., Bland, J., 194. Perkins v. McCauley (1899), S. Dist. Cal., Wellborn, J., 129. Phillips v. Dreher Shoe Co. (1902), Middle Dist. Pa., Archbald, J-, 44. Phillips v. Turner (1902), C. C. A., 5th Cir., 131. Philadelphia & Lewes Transporta- tion Co., In re (1902), E. Dist. Pa., McPherson, J., 50. N. Dist. N. Y., Phelps, In re (1899) Hotchkiss, R., 200. Phillips, In re (1900), S. Dist. N. Y., Brown, J., 101. Philimon v. Marshall (1902), Sup. Ct. Ga., Cobb, J., 111. Pinkhard v. Willis & Bros. (1900), Sup. Ct. Texas, Gill, J., 232. Picken v. Dent (1901), C. C. A., 4th Cir., Goff, J., 83. Pickens v. Dent (1902), Sup. Ct. U. S., Fuller.J., 81, 83. Pirie v. Chicago Title & Trust Co. (1901), Sup. Ct. U. S., McKen- na, J., 10, 178, 179. Pierce, In re (1900), N. Dist. N. Y., Coxe, J., 95, 356. Pierce & Son, In re (1900), Dist. Washington, Handford, J.', 52" Pierce, In re (1901), Dist. Col., Hallett, J., 153. Pinkell, In re (1899), N. Dist. N. Y., Hotchkiss, R., 209. Pittelkow, In re (1889), E. Dist. Wis., Seaman, J., 82, 225. Planing Mill Co., In re (1901), W. Dist. N. Y., Hotchkiss, R., 44. Plummer, In re (1899), N. Dist. N. Y., Hotchkiss, R., 163. Plimpton, In re (1900), Dist. Vt., Wheeler, J., 168. Plotke, In re (1900), C. C. A., 7th Cir., Seaman, J., 13, 15. Platts, In re (1901), Dist. S. D., Carland, J., 229. Porter Bros., In re (1901), Dist. Ky., Evans, J., 80. Powers Dry Goods Co. v. Nelson (1901), Sup. Ct. N. D., Young, J., 66, 237. Pope, In re (1900), S. Dist. la., Shiras, J.,65. Polakoff, In re (1899), N. Dist. N. Y., Hotchkiss, R., 140. Powers, In re (1899), Dist. Vt., Mott, R., 236. Porter v. Cummings (1900), Sup. Ct. Ga., Fish, J., 83. Post, In re (1899), N. Dist. O., Fisher, R., 71. Prentist;. Richardson's Estate (1898) Sup. Ct. Mich., Moore, J., 232. Prager, In re (1902), Dist. Col., Harrison, R., 68. Pridmore v. Torrey (1902), Sup. Ct. N. Y., Gildersleeve, J., 110. Price & Co., In re (1899), S. Dist. N. Y., Brown, J., 23, 85, 131. Price, In re (1899), S. Dist. N. Y., Brown, J., 73, 186. Purvine, In re (1899), C. C. A., 5th Cir., Newman, J., 27, 134, 155. Pursell, In re (1902), Dist. Conn., Platt, J., 122. Purcell, In re (1902), Dist. Conn., Townsend, J., 28. Q. Quackenbush, In re (1900), N. Dist. N. Y., Coxe, J., 97. R. Ratliff, In re (1901), E. Dist. N. C.; Purnell, J., 10, 195. Ray, In re (1899), Dist. Washington, Worden, R., 15. Read & Knight, In re (1901), S. Dist. N. Y., Dexter, R., 181, 182. Real Estate Trust Co. v. Thompson (1902), E. Dist. Pa., McPherson, J-, 131. TABLE OF CASES DIGESTED. XXX111 ,The numbers refers to the pages: Reed v. Equitable Trust Co. (1902), Sup. Ct. Ga., Lumpkin, J., 226. Rees v. Boggs (1902), C. Ct. Pa., Bell, J., 2. Reed v. Cross (1899), Superior Ct. Cook Co., 111., Ball, f, 79. Reliance Co., In re (1900), E. Dist. Pa., McPherson, J., 273. Reichman, In re (1899), E. Dist. Mo., Adams, J., 36, 38. Rennie, In re (1899), Dist. I. T., Robinett, R., 168. Resler, In re (1899), Dist. Minn., Merriman, R., 71. Resler, In re (1899), Dist. Minn., Lochren, J., 71. Rhodes, In re (1901), N. Dist. Ohio, Wing, J., 63. Rhodes, In re (1900), W. Dist. Pa., Buffington, J., 175, 234. Rhutasell, (1899) N. Dist. la., Shiras, J., 94, 107. Richard, In re (1899), E. Dist. N. C., Purnell, J., 2, 224. Riker, In re (1901), C. C. A., 2nd Cir., 128. Richter v. Nimmo (1901), Sup. Ct. N. Y., Jenks, J., 198. Richards, In re (1900), N. Dist. N. Y., Coxe, J., 157. Ripon Knitting Works v. Schreiber (1900), Dist. Wash., Handford, J., 26. Richardson v. Woodward (1900), C. C. A., 4th Cir., Purnell, J., 64, 67. Richards, In re (1899), W. Dist. Wis., Bunn, J., 228, 236. Richman & Levy, In re (1899), N. Dis. N. Y., Morse, R. Richards, In re (1899), C. C. A., 7th Cir., Jenkins, J., 134, 138, 222 223 Rider, In re '(1899), N. Dist. N. Y., Coxe, J., 85, 86, 273. Rosenberg, In re (1902), E. Dist. Pa., McPherson, J., 184. Rosenthal v. Nave et al. (1900), Sup. Ct. Mass., Barker, J., 81. Robinson, In re (1902), W. Dist. Mo., Philips, J., 221. Rose v. Vinton (1900). Pa. Ct. Com. Pleas, Wallace, J., 244. Rosenthal, In re (1901), S. Dist. N. Y., Brown, J., 84. Ross v. Saunders (1901), C. C. A., 4th Cir., Putnam, J., 137. Roalswick, In re (1901), Dist. Mont. Knowles, J., 226. Rothschild, In re (1901), S. Dist. Ga., Cravatt, R., 61, 240. Ronk, In re (1901), Dist. Ind.r Baker, J., 229. Rosenfeld v. Siegfried (1901), Ct. App. Mo., Bland, J., 112. Rosenberg, In re (1901), S. Dist. N. Y., Pendelton, R., 201. Royal, In re (1901), E. Dist. N. C., Purnell, J., 72, 95. Royal, In re (1902), E. Dist. N. C., Purnell, J., 90, 93. Royston v. Weis (1902), C. C. A., 5th Cir., 53. Rogers, In re (1902), S. Dist. Ga.; Speer, J., 1, 21. Roche, In re (1900), C. C. A., 5th Cir., 137, 213. Rogers Milling Co., In re (1900), W. Dist. Ark., Rogers, J., 181. Rollins Gold, &c., Co., In re (1900), S. Dist. N. Y., Brown, J., 42. Rosser, In re (1900), C. C. A., 8th Cir., Sanborn, J., 134. Rockwood, In re (1899), N. Dist. la.,' Shiras, J., 240. Rogers, In re (1899), Dist. Ky., Howard, R., 79, 108. Romanow, In re (1899), Dist. Mass., Lowell, J., 49, 188, 189. Rose, In re (1899), N. Dist. O.; Hunter, R., 214. Rouse, In re (1898), N. Dist. O., Remington, R., 207. Rouse, Hazard & Co., In re (1899), C. C. A., 7th Cir., 133, 134, 135, 213 Rosser, In re (1899), E. Dist. Mo.; Rogers, J., 74, 75, 154, 155. Rosser, In re (1900), E. Dist. Mo., Rogers, J., 26. Robinsons. White (1899), Dist. Ind., Baker, J., 85, 132. Rome Planing Mills (1899), N. Dist. N. Y., Coxe, J., 34, 35, 39. Rome Planing Mills, In re (1900), N' Dist, N. Y.,Coxe, J.,8, 43. Roy, In re (1900) , Dist. Vt., Wheeler, J. 96. Rusch,' In re (1900), E. Dist. Wis., Seaman, J., 159. Russell, In re (1900), N. Dist. Cal., DeHaven, J., 24, 82, 275. Russell & Birkett, In re (1901), N. Dist. N. Y., Hawley, R., 106. Ruse, In re (1902), N. Dist. Ala., Jones, J., 67. Rumsey, &c., Co. v. Novelty Mfg. Co. (1899), E. Dist. Mo., Adams, J., 28, 32, 34, 41. XXXIV TABLE OF CASES DIGESTED. The numbers refers to the pages. Ruppel, In re (1899), W. Dist. Pa., Buffington, J., 225. Russell & Birkett, In re (1900), C. C. A., 2nd Cir., Wallace, J., 21. Russia, In re (1899), Dist. Ore., Bellinger, J., 244. Rude, In re (1900), Dist. Ky., Evans, J., 120, 171, Rudnick, In re (1900), Dist. Wash- ington, Handford, J., 59, 196. Rudnick, In re (1899), Dist. Mass. Lowell, J., 89. Ruff v. Milner (1901), Ct. App. of Mo., Bland, J., 110. Ryan, In re (1901), N. Dist. 111., Konlsaat, J., 201. S. Bargent v. Sargent (1901), Ohio Cir. Ct., Phillips, J., 111. Ban Gabriel San. Co., In re (1900), S. Dist. Cal., Wellborn, J., 49. San Gabriel San. Co., In re (1900), C. C. A., 9th Cir., 83. San Gabriel San. Co., In re (1901), C. C. A., 9th Cir., 130. Banderlin, In re (1901), E. Dist. N. C., Purnell, J., 52, 53, 236. Sabin v. Camp (1900), Dist. Ore., Bellinger, J., 34, 198. Sanborn, In re (1899), Dist. Vt., Wheeler, J., 148. St. Albans Fdry. Co., In re (1900), Dist. Vt., Mott, R., 83. St. John, In re (1901), N. Dist. N. Y., Coxe, J., 247. Sabine, In re (1899), N. Dist. N. Y., Hotchkiss, R., 149, 153, 218, 240. Sapiro, In re (1899), E. Dist. Wis., Seaman, T., 28, 73, 241. Scott v. Devlin (1898), S. Dist. N. Y., Brown, J., 254. Scruby v. Norman (1901), Ct. App. Mo., Smith, J., 249. Schmitt, In re, Dist. O., Wayne, J., 224. Scheivley, In re (1902), Cir. Ct. Pa., 2. Schreck v. Hanlon (1902), Sup. Ct. Neb., Duffle, J., 131. Schryer v. Citizens Natl. Bank (1902) Sup. Ct. N. Y., Lawlin, J., 195. Schenck, In re (1902), Dist. Wash- ington, Handford, J., 92, '94. Schenkein & Coney, In re (1902), W. Dist. N. Y., Hotchkiss, R., 38, 53, 78. Schenkin, In re (1902) , 45. Scheuer v. Smith & Co. (1901), C. C. A., 5th Cir., Pardee, J., 39, 76. Scott, In re (1902), Dist. Mass., Olmstead, R., 30, 149. Schultz, In re (1901), S. Dist. N. Y., Brown, J., 101. Schafer, In re (1900), N. Dist. N. Y., 180. Schaeffer, In re (1900), E. Dist. Pa., McPherson, J., 206, 250. Scheld, In re (1900), C. C. A., 9th Cir., Ross, J., 69, 249. Schmilovitz v. Bernstein (1901), Sup. Ct. R. I., Douglas, J., 247. Scanlon & Co., In re (1899), Dist. Ky., Evans, J., 214. Schlesinger, In re (1900), C. C. A., 8th Cir., Shipman, J., 26. Schlesinger, In re (1899), S. Dist. N. Y., Brown, J., 26, 28. Schloerb, In re (1899), E. Dist. Wis., Seaman, J., 16. Schrom, In re (1899), N. Dist. la., Shiras, J., 16. Scott, In re (1900), E. Dist. N. C., Purnell, J., 16, 142, 276. Schertzer, In re (1900), E. Dist. Pa., McPherson, J., 102. Schreck, In re (1899), N. Dist. N. Y., Hotchkiss, R., 90. Scott, In re (1899), W. Dist. Pa., Buffington, J., 73. Scott, In re (1899), N. Dist. Tex.,' Meek, J., 174, 218, 273. Schiller, In re (1899), W. Dist. Va., Paul, J., 72, 276. Severin v. Robinson (1901), Appel- late Ct. Ind., Wiley, J., 233. Seebold, In re (1901), C. C. A., 5th Cir., McCormick, J., 5, 237. Seebold, In re (1902), C. C. A., 5th Cir., McCormick, J., 2. Seabolt, In re (1902), W. Dist. N. C., Boyd, J., 59, 76. Seymour v. Richardson, &c., Co. (1902), Ct. App. 111., Freeman, J-, HI. Seabrig v. Wellington (1901), N. Y., Sup. Ct., App. Div., Adams, J., 199. Sears, In re (1902), C. C. A., 2nd Cir., 187, 189. Sears, In re (1901), W. Dist. N. Y., Hazel, J., 143. Seay, In re (1902), N. Dist. Ga., Newman, J., 180. Sewell, In re (1902), E. Dist. Ky., Cochran, J., 229. TABLE OF CASES DIGESTED. XXXV The numbers refers to the pages. Seydel, In re (1902), N. Dist. la., Shiras, J., 68. Seivers, In re (1899), E. Dist. Mo., Adams, J., 2, 17, 127, 256. Sellers v. Bell (1899), C. C. A., 5th Cir., McCormick, J., 60, 98, 100, 167, 168. Shirely, In re (1901), C. C. A.. 6th Cir., Day, J., 225. Shilliday, In re (1899), W. Dist. Pa., Blair, R., 206. Sherman v. Luckhardt (1902), Sup. Ct. Kans., Doster, J., 193. Sherman v. Luckhard (1902), Mo. Ct. App., Smith, J., 195. Shenkin & Coney, In re (1902), W. Dist. N. Y., Hotchkiss, R., 53. Shaw, In re (1901), E. Dist. Pa., McPherson, J., 175, 215. Shera, In re (1902), S. Dist. N. Y., Adams, J., 28. Shirley, In re (1901), C. C. A., 6th Cir., Day, J., Shepard, In re (1900), S. Dist. N. Y., Brown, J., 84. Shepherd, In re (1900), N. Dist. 111., Eastman, R., 226. Shattuck & Bugh, In re (1901), W. Dist. N. Y., McMaster, R., 57. Shuller, In re (1901), E. Dist. Wis., Seaman, J., 66. Sheldon v. Parker (1902), Sup. Ct. Neb., Duffie, J., 131. Shaeffer, In re (1900), E. Dist. Pa., McPherson, J., 250. Shapiro, In re (1901), S. Dist. N. Y., Brown, J., 33, 57. Sheinbaum, In re (1901), S. Dist. N. Y., Brown, J., 129. Sheridan, In re (1899), E. Dist. Pa., McPherson, J., 228. Shorer, In re (1899), Dist. Conn., Townsend, J., 100. Silverman Bros., In re (1899), W. Dist. Mo., Crittenden, R., 209, 215. Simpson v. Van Etten, C. C. E., Dist. Pa., Dallas, J., 236. Sims, In re (1902), W. Dist. Ga., Speer, J., 207. Sirrine v. Stoner Marshall Co. (1902), Sup. Ct. S. C., 193. Silverhorn, In re (1900). N.Dist.Ill., Kohlsaat, J., 21. Silberstein v. Stahl et al. (1900), N. Y. Sup. Ct., Russell, J., 128. Silverman v. Schoor (1899). S. Dist. N. Y., Brown, J., 212. Simonson v. Sinscheiner (1901), C. C. A., 6th Cir., Taft, J., 116, 206. Sinscheiner v. Simonson (1900), C. C. A., 6th Cir., Taft, J., 116, 206. Sievers, In re (1899), E. Dist. Mo., Adams, J., 2, 17, 127, 256. Simonson, In re (1899), Dist. Ky., Evans, J., 115, 116, 187. Skillin v. Maibrunn (1902), Sup. Ct. N. Y., O'Brien, J., 131. Skinner, In re (1899), N. Dist. la., Shiras, J., 96. Skillun v. Edelman (1902), Sup. Ct. N. Y., Gildersleeve, 1, 253. Slomka, In re (1902), S. Dist. N. Y., Adams, J., 208. Slack, In re (1901), Dist. Vt., Wheeler, J., 76. Slingluff, In re (1900), Dist. Md., Morris, J., 72, 249. Smalley v. Langenower (1902), Sup. Ct. Washington, Fullerton, J., 161. Small v. Mueller (1901), Sup. Ct. N. Y., Bartlett, J., 253. Sloane, In re (1900), S. Dist. la. , Shiras, J., 196. Smith & Dodson, In re (1899), Dist. Ind., Baker, J., 256. Smith, In re (1902), Dist. Conn., Platt, J., 44. Smith, In re (1899), Dist. Ind., Baker, J., 2, 40. Smith, In re (1902), N. Dist. Ga., Newman, J., 28, 84. Smith v. Zachry (1902), Sup. Ct. Ga., Little, J., 106, 226. Smith v. Keegan (1901), C. C. A.! 1st Cir., Putnam, J., 93. Smith v. Meisenheimer (1898), Sup Ct. Ky., Lewis, J., 81. Smith, In re (1902), S. Dist. N. Y., Adams, J., 75, 140. Smith v. Stansfield (1901), Sup. Ct. Minn., Lewis,!., 108. Smith, In re (1901), W. Dist. N. C., Purnell,J.,213. Smith v. Bellford (1901), C. C. A., 6th Cir., Severens, J., 22. Smith, In re (1901), W. Dist. N. C., Purnell, J., 213. Smith v. Wheeler (1900), N. Y. Sup. Ct., Mervin, J., 104. Smith, In re (1899), S. Dist. Ga., Speer, J., 240. Smith, In re (1899), N. Dist. N. Y., Hotchkiss, R., 157, 172, 205, 210. Smith, In re (1899), W. Dist. Tex., Maxey, J., 24, 25, 63, 64, 267, 269, 276. XXXVI TABLE OF CASES DIGESTED. The numbers refers to the pages. Smoke, In re (1900), S. Dist. N. Y., Brown, J., 181. Soper & Slade, In re (1899), N. Dist. N. Y., Hotchkiss, R., 258, 267. Soldosky, In re (1901), Dist. Mont., Lochren, J., 200. South End Improvement Co. v. Hardin (1902), Sup. Ct. N. J. f Reed, J., 222. Soudans Mfg. Co., In re (1902), C. C. A., 7th Cir., Seaman, J., 226. Southern Loan & Trust Co. v. Ben- bow (1899), W. Dist. N. C., Ewart, J., 4, 19, 23, 80, 229. Sprawlin v. Colson Bros. (1902), Sup. Ct. Miss., Tennel, J., 125. Spear et a/., In re (1901), Dist.Vt., Wheeler J., 100. Spencer v. Duplan Silk Co. (1902), E. Dist. Pa., McPherson, J., 189. Stickney & Babcock Coal Co. v. Goodwin (1901), Sup. Ct. Me., Wiswell, J., 233. State ex rel Crane et al. v. Chamber of Commerce of Minneapolis, (1899,) Sup. Ct.Minn., Canty, J., 243. States. Superior Ct. King Co. (1899), Sup. Ct. Washington, Bevis, J., 253. Staunton, In re (1902), E. Dist. Pa., McPherson, J., 68. Sturges v. Crowinshield (1819), Sup. Ct. U. S., 1. Standard Laundry Co., In re (1901), N. Dist. Cal., DeHaven, J., 246 Standard Laundry Co., In re (1902), C. C. A., 9th Cir., Hawley, J., 221 Stark, In re (1899), S. Dist. N. Y., Holt, R., 100. Stark, In re (1899), S. Dist. N. Y., Brown, J., 101. Steele&Co., In re (1899), S. Dist. la., Shiras, J., 63, 248, 250. Stevenson & King, In re (1899), E. Dist. N. C., Purnell, J., 59. Stevenson, In re (1899), Dist. Del., Bradford, J., 6, 43, 44, 143, 190, 302. Stevens, In re (1901), Dist. Vt., Wheeler, J., 55. Stern, In re (1899), Dist. Ind., Bak- er, J., 24, 185, 219. Steger, In re (1902), N. Dist. Ala., Jones, J,, 50, 119. Stern v. Louisville Trust Co. (1901), C. C. A., 6th Cir., Severens, J., 34, 197. Stege, In re (1902), C. C. A., 2nd Cir., 10. Stern, In re (1902), C. C. A., 2nd Cir., Townsend, J., 190, 208. Stevens v. Meyers (1902), Sup. Ct. N. Y., Ingraham, J., 107. Stone, In re (1902), E. Dist. Ark., Treiber, J., 67, 68. Storck Lumber Co., In re (1902), Dist. Md., Morris, J., 1, 255. Stedman v. Bank of Monroe (1902), C. C. A., 8th Cir., Lochren, J., 231. Stratton v. Lawson (1902), Sup. Ct. Wash., Mount, J., 195. Steed & Curtis (1901), E. Dist. N. C., Purnell, J., 92. Steininger Merc. Co. (1901), C. C. A., 5th Cir., Pardee, J., 220. Stokes, In re (1901), E. Dist. Pa., McPherson, J., 56, 243. Stokes, In re (1900), S. Dist. N. Y., Wise, R., 65. Stokes, In re (1899), Dist. Wash., Munter, R., 14. Stotts, In re (1899), S. Dist. Ia. t Woolson, J., 212. Stone v. Jenkins (1900), Sup. Ct. Mass., Morton, J., 88. Storm, In re (1900), E. Dist. N. Y., Thomas, J., 36, 39. Stout, In re (1900), W. Dist. Mo., Philips, J., 67, 150. Strobel v. Knost (1900), S. Dist. Ohio, Thompson, J., 181. Stumpf, In re (1900), Sup. Ct. Okla., Burwell, J., 136. Styer, In re (1899), E. Dist. Pa., McPherson, J., 148, 234. Sugenheimer, In re (1899), S. Dist. N. Y., Brown, J., 121, 271. Sullivan, In re (1899), N. Dist. N. Y., Hotchkiss, R., 209. Steele v. Buel (1900), C. C. A., 8th Cir., Caldwell, J., 66, 69. Stein, In re (1901), C. C. A., 2nd Cir., 115. Steindler & Hahn, In re (1900), S. Dist. N. Y., Pendleton, R., 95. Steuer, In re (1900), Dist. Mass., Lowell, J., 115. Stevens, In re (1900), Dist. Vt., Wheeler, J., 56, 178. Stoever, In re (1900), E. Dist. Pa., McPherson, J., 273. Stoner, In re (1901), E. Dist. Pa., McPherson, J., 250. TABLE OF CASES DIGESTED. XXXV11 The numbers refers to the pages. Strause v. Hooper (1901), E. Dist. N. C., Purnell, J., 57, 93. Stroud v. McDaniel, In re (1901), C. C. A., 4th Cir., Purnell, J., 226. Stendts, In re (1899), N. Dist. N. Y. Hotchkiss, R., 196, 206, 209, 215. Swift, In re (1900), Dist. Mass., Lowell, J., 175, 226. Swift, In re (1901), Dist. Mass., Olmstead, R., 216. Swords, In re (1901), N. Dist. Ga., Newman, J., 69. Swartz v. St. Louis Fourth Natl. Bank (1902), C. C. A., 8th Cir., Sanborn, J., 34, 35, 180, 194. Swartz v. Siegel (1902), E. Dist. Mo., Adams, J., 199. Swartz v. Siegel (1902), C. C. A. 8th Cir., Sanborn, J., 4, 5. Sykes, In re (1901), W. Dist. Tenn., Hammond, J., 94, 119. T. Talbot, In re (1901), Dist. Mass., Lowell, J., 175. Talbot, In re (1902), W. Dist. Ga., Speer, J.,68. Taylor, In re (1901), Dist. Col., Hailett, J., 26. Taylor, In re (1901), N. Dist. Cal. Holland, R., 254. Taylor v. Taylor (1900), N. J., Chancery, Reed, J., 222. Taylor, In re (1899), N. Dist. N. Y. King, R., 187, 196. Taylor, In re (1900), C. C. A., 7th Cir., Bunn, J., 49, 116, 117, 302. Taft v. Fourth Natl. Bank (1900) C. C. Ohio, 195. Tanner, In re (1901), W. Dist. N. Y., McMaster, R., 200. Tatem, Mann & Co., In re E. Dist. N. C., Purnell, J., 220, 255. Tenney, In re, S. Dist. N. Y., Brown, T 223 Teague, In re (1899), Dist. Ind., Baker, J., 233. Tebo, In re (1900), Dist. W. Va., Jackson, J., 9, 213, 215, 226, 275. Terrill, In re (1900), Dist. Vt. Wheeler, J., 200, 211. Tecopa Mining & Smelting Co., In re (1901), S. Dist. Cal., Well- born, J., 50. Thompson Sons, In re (1901), E. Dist. Pa., Hunter, R., 200. Thompson, Sons, In re (1902), E. Dist. Pa., McPherson, J., 201. Thompson, In re (1902), S. Dist. Ga., Speer, J., 61. Thomas, In re (1899), S. Dist. la., Woolson, J., 91, 107. Thomas, In re (1899), Dist. Wash- ington, Hanford, J., 63. Thomas, In re (1900), W. Dist. Pa., Buffington, J., 36, 38. Tilden, In re (1899), S. Dist. la., Woolson, J., 63, 67, 210. Tirre, In re (1899), S. Dist. N. Y., Brown, J., 49, 188. Tinker, In re (1900), S. Dist. N. Y., Brown, J., 91, 108. Todd, In re (1901), S. Dist. N. Y., Brown, J., 20, 71, 149, 153. Tonawanda St. Planing Mill Co., In re (1901), W. Dist. N. Y. Hotchkiss, R., 142. Tontine Surety Co. of N. J., In re (1902), Dist. N. J., Kirkpatrick, T., 50. Topliff, In re (1902), Dist. Mass., Lowell, J., 197, 202. Torrence v. Winifred Natl. Bank (1903), Sup. Ct. Kans., Green, T 233 Tobias, In' re (1900), W. Dist. Va., Paul, J., 65. Tollett, In re (1900), C. C. A., 6th Cir., Lurton, J., 61. Tollett, In re (1900), E. Dist. Tenn. Grayson, R., 61. Tompkins v. Hazen (1900), N. J. Ct. App., Bartlett, J., 109. Turner v. Turner (1901), Dist. Ind., Baker, J., 80, 105. Tune, In re (1902), N. Dist. Ala., Jones, J., 19, 66, 149, 235. Tudor, In re (1899), Dist. Col., Hailett, J., 18, 27, 28, 249. Turrentine v. Blackwood, 1900, Sup. Ct. Ala., Harralson, J., 129. Turnbull, In re (1901), Dist. Mass., Olmsted, R., 64. Turnbull, In re (1901), Dist. Mass., Lowell, J., 63. Twaddell, In re (1901), Dist. Del., Bradford, J., 247. Tyrrell v. Hammerstein (1900), Sup. Ct. N. Y., McAdams, J., 61, 108. U. U. S. v. McAleese (1899), C. C. A., 3rd Cir., McPherson, J., 18. XXXV111 TABLE OF CASES DIGESTED. The numbers refers to the pages. United States v. Union Surety & Guaranty Co. (1902), S. Dist. N. Y., Adams, J., 166. Ulfelder Clothing Co., In re (1899), N. Dist. Cal., De Haven, J., 188. Union, &c., Mfg. Co., In re (1902), C. C. A., 7th Cir., Jenkins, J., 34, 197. Utt, In re (1901), C. C. A., 7th Cir., Woods, J., 116, 163, 245. V. Valentine Co., In re (1899), N. Dist. Cal., DeHaven, J., 235. Valentine & Co., In re (1899), C. C. A., 9th Cir., Gilbert, J., 240. Van Orden, In re (1899), Dist. N. J., Kirkpatrick, J., 206. Vaughan, Inre (1899), S. Dist. N. Y. Brown, J., 222. Vaccaro v. Security Bank (1900), C. C. A., 6th Cir., Lurton, J., 32, 35, 42, 54. Van Alstyne, In re (1900), N Dist. N. Y., Coxe, J., 85. Veitch, In re (1900), Dist. Conn., Townsend, J., 210. Victor v. Lewis, In re (1899), Swp. Ct.N.Y., O'Brien.J., 83. W. Wakeman v. Throckmorton (1902), Sup. Ct. Conn., Baldwin, J., 232. Wallal v. Camp (1901), Sup. Ct. Pa., Beaver, J., 232. Watertown Carriage Co. v. Hall (1901), Sup. Ct. N. Y., Smith, J., 106. Watertown Carriage Co. v. Hall (1902), Sup. Ct. N. Y., Smith, J., 208. Watschke v. Thompson (1901), Sup. Ct. Minn., Lewis, J., 237. Waterbury Furniture Co., In re (1902), Dist. Conn., Townsend, J., 180, 195. Waukesha Water Co., In re (1902), E. Dist. Wis., Seaman, J., 13, 20. Wagner v. U. S. (1900), C. C. A., 6th Cir., Day, J., 82. Walsh, In re (1900), S. Dist. O., Thompson, J., 75. Waxelbaum, In re (1900), N. Dist. Ga., Newman, J., 61, 266. Wall v. Cox (1901), Sup. Ct. U. S., Gray, J., 127. Ward, In re (1900), Dist. Mass., Lowell, J., 15. Walther, In re (1899), E. Dist. N. Y., Thomas, J., 107. Walker, In re (1899), Dist. N. Dak., Amidon, J., 5, 73, 75. Washburn Bros., In re (1900), Dist. Conn., Townsend, J., 6. Waxelbaum, In re (1899), S. Dist. N. Y., Brown, J., 14,266. Weeks v. Fowler (1902), Sup. Ct. N. H., Case, J., 249. West Co. v. Bevory et al. (1898) , Sup. Ct. N. H., Young.J., 2. Wetmore v. Wetmore (1899), Sup. Ct. N. Y., O'Brien, J., 48, 111. Wenham v. Martin (1902) , Ct. App. 111., Waterman, J., 110. Welty v. Welty (1900), Ct. App. 111., 1st Dist., Windes, J., 111. Wetmore, In re (1901), W. Dist. N. Y., Knight, R., 141. Weil, In re (1901), S. Dist. N. Y., Adams, J., 130. West Norfolk Lumber Co., In re (1902), E. Dist. Va., Waddill, J., 217. Weissner, In re (1902), E. Dist. N. Y., Thomas, J., 159, 182. Wells, In re (1902), W. Dist. Mo., McPherson, J.,241. West, In re (1902), N. Dist. Ga., Newman, J., 68. Western Cold Storage Co. v. Hurd (1902), W. Dist. Mo., Philips, J., 107. Westphall Bros. & Co., In re (1902), W. Dist. Cal., Wise, R., 74. Westcott Co. v. Berry et al. (1899), Sup. Ct. N. H., Young, J., 254. Wetmore, In re (1900), E. Dist. Pa., McPherson, J., 96, 244, 247. Wetmore, In re (1900), S. Dist. Pa., McPherson, J., 247. West, In re (1901), C. C. A., 2nd Cir., Shipman, J., 32, 33. Wertheimer, In re (1900), S Dist. N. Y., Adams, J., 91, 176. Wells, In re (1900), W. Dist. Ark., Rogers, J., 67, 245. Wetmore, In re (1901), C. C. A., 4th Cir., Bradford, J., 247. West Bros. v. Lea & Co. (1899), Sup. Ct. U. S., White, J., 40. Webb, In re (1900), N. Dist. N. Y., Coxe, J., 95, 97. Welch, In re (1901), S. Dist. O., Thompson, J., 96, 98. TABLE OF CASES DIGESTED. XXXIX The numbers refers to the pages. Westlund, In re (1899), Dist. Minn., Lochren, J., 215, White v. Thompson et al. (1903), C. C. A., 5th Cir., 231. White, In re (1900), W. Dist. Mo., Philips, J., 61. White v. Bradley Lumber Co. (1902) , S. Dist. Ala., Toulmin, J., 190. White v. Schloerb (1900), Sup. Ct. U. S., Gray, J., 23. Whitely Grocery Co. v. Roach (1902), Sup. Ct. Ga., Fish, J., 199. Whitener, In re (1900), C. C. A., 5th Cir., Pardee, J., 20, 133, 247. White, In re (1900), Dist. Vt., Wheeler, J., 25, 269. Wilson v. City Bank (1873). Sup. Ct. U. S., 1. Wilcox, In re (1901), C. C. A., 2nd Cir., Shipman, J., 93. Wilson, In re (1901), W. Dist. Va., Paul, J., 67. Wittenberg, &c., Co., In re (1901), E. Dist. Wis., Seaman, J., 197. Wilbur v. Watson (1901), Dist. R. I., Brown, J., 255. Wilkes, In re (1902), E. Dist. Ark., Treiber, T-, 220. Wilson Bros. v. Nelson (1901), Sup. Ct. U. S., Gray, J., 38, 39. Wiessner, In re (1902), E. Dist. N. Y., Thomas, J., 159, 182. Williamson, In re (1901), N. Dist. Ga., Newman, J., 60. Wilson, In re (1902), W. Dist. Ark., Rogers, J., 26, 27. Wilson v. Parr (1902), Sup. Ct. Ga., Little, J., 23. Wilson v. Pa. Trust Co. (1902), C. C. A., 3rd Cir., Achison, J., 176. Wilson, In re (1900), E. Dist. N. C., Purnell, J., 64. Wilcox & Wright, In re (1899), Dist. Tenn., Grayson, R., 175. Wilcox, In re (1899), Dist. Mass., Lowell, J., 55, 56. Williams, In re (1900), Dist. Wash- ington, Hanford, J., 14. Wolfstein, In re (1899) , N. Dist. N. Y., Brown, J., 279. Wood v. Vandewer (1900), Sup. Ct. N. Y., Rumsey, J., 87. Worden v. Columbus Electric Co. (1899), Dist. Ind., Baker, J., 10, 179, 236. Wolff, In re (1900), N. Dist. Cal., DeHaven, J., 90, 92. Worcester Co., In re (1900), C. C. A., 1st Cir., Putnam, J., 134, 216. Wolfensohn, In re (1900), S. Dist. N. Y., Dexter, R., 93. Woodruff v. Chesere (1901), C. C. A., 5th Cir., McCormick, J., 67. Woodside Coal Co., In re (1900), E. Dist. Pa., McPherson, J., 49. Woodruff et al., In re (1899), S. Dist. Ga., Speer, J., 62. Wolpert, In re (1899), N. Dist. N. Y., Hotchkiss, R., 92, 279. Worland, In re (1899), N. Dist. la., Shiras, J., 225. Wolf, In re (1899), Dist. N. J., Kirkpatrick, J., 259. Wood, In re (1899), E. Dist. N. C., Purnell, J., 185,210,224. Woodward, In re (1899), E. Dist. N. C., Purnell, J., 59, 60. Woodward, In re (1899), E. Dist. Tex., Dillard, R., 43. Wolf, In re (1899), N. Dist. la., Shiras, J., 224, 228. Wood, In re (1900), S. Dist. N. Y., Brown, J., 99. Woodbury, In re (1900), Dist. N. D., Amidon, J., 20. Wright Lumber Co., In re (1902), W. Dist. Ark., Rogers, J., 11, 34. Wright, In re (1899), Dist. Mass., Lowell, J., 135, 216. Wright, In re (1899), N. Dist. Ga., Newman, J., 220. Wyly, In re (1902), N. Dist. Tex., Meek, J., 179. Y. Yates, In re (1902), N. Dist. Cal., DeHaven, J., 6, 47, 209. Yost, In re (1902), Middle Dist. Pa., Archbald, J., 68. Young, In re (1899), E. Dist. N. Y., Thomas, J., 223. Young, In re (1901), C. C. A., 8th Cir., Thayer, J., 38. Young v. Young (1901), N. Y. Sup. Ct., Gildersleeve, J., 105. Young v. Upson (1902), S. Dist. N. Y., Hazel, J., 194. Yukon Woolen Co. (1899), Dist. Conn., Townsend, J., 245. z. Zartman v. Hines, In re (1901), W. Dist. N. Y., Hawley, R., 176. Zeitner Brewing Co., In re (1902), S. Dist. N. Y., Adams, J., 45. Zimmerman v. Ketcham (1903) , Sup. Ct. Kans., Pollock J., 111. FEDERAL CONSTITUTION, ARTICLE 1, SECTION 8. "The congress shall have power * * to establish * * uniform laws on the subject of bankruptcies through- out the United States, * * and to make all laws which shall be necessary and proper for carrying such power into execution." Under this power bankruptcy laws have been enacted by Congress as follows: Apr. 4th, 1800, amended Apr. 29th, 1802, repealed Dec. 19th, 1803; August 19th, 1841, repealed March 3rd, 1843; March 2nd, 1867, amended July 27th, 1868, June 14th, 1870, June 30th, 1870, June 8th, 1872, Feb. 13th, 1873, March 3rd, 1873, June 22nd, 1874, April 14th, 1876, July 26th, 1876, repealed in entirety June 7th, 1878; July 1st, 1898, amended Feb. 5th, 1903. See post former Bankruptcy Acts. PURPOSE OF BANKRUPTCY LAWS. Jurisdiction of National Law exclusive. New Lamp, etc., Co. v. An- sonia Brass, etc., Co. (1876), 91 U. S. 656. Primary object of bankruptcy act is to secure a just disposition of property among creditors ; secondary object is release of bankrupt from his debts. Wilson v. City Bank (1873), 17 Wall. (U. S.), 473. Speedy distribution of assets of bankrupt is purpose of bankruptcy act, second in importance only to equality of distribution. Bailey v. Glover (1874), 21 Wall. (U. S.), 342. BANKRUPTCY ACT OF 1898, CONSTITUTIONAL. The act discussed and its constitutionality upheld. Hanover Nat. Bank v. Moyses (1902), 186 U. S., 181; 8 A. B., R. 1. STATE INSOLVENCY LAWS. SUSPENDED BY NATIONAL BANKRUPTCY ACT. Former Statutes Construed. Sturges v. Crowninshield (1819), 4Wheaton (U. S.), 122; Ogden v. Sounders (1827), 12 Wheaton (U. S.), 213. Act of 1898. General State Law suspended or superseded. In re Macon Sash, etc., Co., S. Dist. Ga., Speer, J. (1901), 112 Fed., 323; 7 A. B. R., 66; In re Storch Lumber Co. (1902), Dist. Md., Morris, J! 114 Fed., 360; 8 A. B. R. 86; In re Rogers (1902), S. Dist. Ga., Speer, J., 116 Fed., 435; 8 A. B. R. 723; Carting v. Seymour Lumber Co. (1902), C. C. A., 5th Cir., Shelby, J., 113 Fed., 483; 8. A. B. R. 29. 2 FEDERAL CONSTITUTION. [ART. 1, 8. California law held still in force as to persons not coming under the Act. Herron Co. v. Superior Court (1902), Sup. Court Cal., Harrison, J., 68 Pac., 814. Illinois Act construed. In re Curtis (1899), S. Dist. 111.; Allen, J., 91 Fed., 137; affirmed (C. C. A., 7th Cir.), Jenkins, J., 94 Fed., 312; 2 A. B. R. 226. Illinois Act held suspended and County Court deprived of jurisdic- tion. Horbaughv. Costello (1900), Sup. Court, 111., Magruder, J., 184 111. 110; affirming Costello v. Harbaugh (1898) 83 111., App. 29. Indiana Act construed. In re Smith (1899), Dist. Ind., Baker, J., 92 Fed., 135; 2 A. B. R. 9. Kentucky Act construed. In re John A. Etheridge Furniture Co. (1899), Dist. Ky., Barr, J., 92 Fed., 329; 1 A. B. R. 112. Missouri Act construed. In re Seivers (1899), E. Dist. Mo., Adams, J., 91 Fed., 366; 1 A. B. R. 117; affirmed sub nom. Davis v. Bohle (1899) (C. C. A.), 8th Cir., Thayer, J., 92 Fed., 325; 1 A. B. R. 412. Massachusetts Act construed. Parmenter Mfg. Co. v. Hamilton et al. (1898), Sup. Court Mass., Knowlton, J., 172 Mass., 178; 1 A. B. R. 39., Maryland law held not suspended. Old Town Bank v. McCormick (1903), Sup. Court Md., Fowler, J., 53 Atl. 934. Minnesota Act construed. Armour Packing Co. v. Brown (1899), Sup. Court Minn. 76 Minn., 465. Foley Bean Lumber Co. v. Sawyer (1899), Sup. Court Minn., Mitchell, J., 76. Minn., 118. New Hampshire Act suspended. Wescott Co. v. Berry et al. (1898) Sup. Court, N. H., Young, J., 69 N. H, 505. North Carolina Act construed. In re Richard (1899), E. Dist. N. C,, Purnell, J., 94 Fed., 633; 2 A. B. R. 506. Pennsylvania Act of 1901 construed and held suspended. Rees v. Boggs (1902), C. Court Pa., Bell, J., 26 Pa., C. C., 284. In re Scheivley (1902), 26 Pa. C. C., 34; also McArvdy v. Tantz (1902), Weard. J., 26 Pa. C. C., 417; McMullen's Petition (1902), 26 Pa. C. C., 157, Bankruptcy law does not conflict with Pennsylvania law relating to attachments. McCullough v. Linn & Goodhard (1899), Circuit Court Pa., Biddle, J., 22 Pa. C. C., 369. Rhode Island Act construed. Maman v. Crown Carpet Lining Co. (1901), Sup. Court R. I., 50 Atl., 381. Texas Act construed. Patty-Joiner Co. v. Cummins (1900), Texas Sup. Court, Gaines, J., 93 Texas, 598; 4 A. B. R. 269; 57 S. W., 566. Wisconsin Act construed. Binder v. McDonald (1900), 106 Wis., 332; In re Bruss-Ritter Co. (1898), E. Dist. Wis., Seaman, J., 90 Fed., 651; 1 A. B. R., 58. ANNOTATED BANKRUPTCY STATUTE, CHAPTER 1. DEFINITIONS. SECTION. 1 MEANING OF WORDS AND PHRASES. (1) A person" against whom petition has been filed. (2) adjudication. (3) appellate courts. (4) bankrupt. (5) clerk. (6) corporations. (7) court. (8) courts of bankruptcy. (9) creditors. (10) date of bankruptcy. (11) debt. (12) discharge. (13) document. (14) holiday. (15) when deemed insolvent. (16) Judge. (17) oath. (18) officer. (19) persons. (20) petition. (21) referee. (22) conceal. (23) secured creditor. (24) States. (25) transfer. (26) trustee. (27) wage earner.. (28) Words in Masculine gender. (29) Words importing the plural number. (30) Words importing singular number. An Act To establish a uniform system of bankruptcy throughout the United States. Approved July 1st, 1898. Chapter 541, Acts of Fifty-fifth Congress. 30 Statutes at L., 544. 2 Sup. R., S. U. S. 843. Amended February 5th, 1903. As to time when Act goes into effect, see Sec. 71, post. As to time amendment goes into effect see amendment of Feb. 5, 1903, post. SECTION 1. MEANING OF WORDS AND PHRASES. Bv it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. a The words and phrases used in this Act and in pro- 3 4 MEANING OF WORDS AND PHRASES. [ 1. ceedings pursuant hereto shall, unless the same be incon- sistent with the context, be construed as follows : The Act is remedial and should have reasonable construction accord- ing to the fair import of its terms with view to effect its objects. Blake v. Francis Valantine Co. (1898), N. Dist. Cal., Hawley, J., 89 Fed., 691; Norcrossv. Nathan (l90G),N.Dist. of Cal.,Hawley, J.,99 Fed., 414; 3 A.B. R., 613; Southern Loan & Trust Co. v. Benbow (1899), W. Dist. N. C Ewart, J., 96 Fed., 514. 3 A. B. R. 9. Where the language is clear and unambiguous it must be held to mean what it plainly expresses, and no room is left for construction. Swarts v. Siegel el al. (1902), C. C. A., 8th Cir., Sanborn, J., 117 Fed., 13; 8 A. B. R., 689. (1) "A person against whom a petition has been filed" shall include a person who has filed a voluntary petition ; Applies to voluntary and involuntary cases. Peck Lumber Mfg. Co. v. Mitchell (1899), Lackawanna County Court (Penn.) Common Pleas, Edwards, J., 1 A. B. R., 701; 1 N. B. N., 262. (2) "Adjudication" shall mean the date of the entry of a decree that the defendant, in a bankruptcy proceeding, is a bankrupt, or if such decree is appealed from, then the date when such .decree is finally confirmed ; As to adjudications, see Sec. 18. post. (3) "Appellate Courts" shall include the circuit courts of appeals of the United States, the supreme courts of the Territories, and the Supreme Court of the United States ; As to manner of taking appeals see Sec. 25 post. ; also, Gen . Ord. XXXVI. (4) "Bankrupt" shall include a person against w T hom an involuntary petition or an application to set a composition aside or to revoke a discharge has been filed, or who has filed a voluntary petition, or who has been adjudged a bank rupt, As to application of definition, see Sec. 4b. post. Person against whom petition has been filed is within meaning of word as used in the act prior to adjudication. In re Hicks (1901), Dist. Vt., Wheeler, J., 107 Fed., 910 6 A. B. R., 182; 3 N. B. N.. 959.. 1.] MEANING OF WORDS AND PHRASES. 5 (5) "Clerk" shall mean the clerk of a court of bank- ruptcy ; See as to what are courts of bankruptcy, Sec. 1 (8). post. (6) "Corporations" shall mean all bodies having any of the powers and privileges of private corporations not possessed by individuals or partnerships, and shall include limited or other partnership associations organized under laws making the capital subscribed alone responsible for the debts of the association; For discussion of meaning of this section see : In re The Empire Metallic Bedstead Co. (1899), N. Dist., N. Y., Hotchkiss R., 1 A. B. R. 136. (7) "Court" shall mean the court of bankruptcy in which the proceedings are pending, and may include the referee ; (8) "Courts of bankruptcy" shall include the district courts of the United States and of the Territories, the su- preme court of the District of Columbia, and the United States court of the Indian Territory, and of Alaska ; See as to Jurisdiction and specific designation of courts, Sec. 2, post. Does interest of District Judge give ground for removal of cause under Sec. 601, Rev. Stat., U. S.? In re Seebold (1901), C. C. A., 5th Cir. Mc- Cormick, J., 105 Fed., 910: 5 A. B. R. 358. (9) "Creditor" shall include anyone who owns a demand or claim provable in bankruptcy, and may include his duly authorized agent, attorney, or proxy; An accommodation maker, an indorser or surety on the obligations of a bankrupt within this definition. Smarts v. Siegel (1902), C. C. A. 8th Cir. Sanborn, J., 117 Fed. 13; 8 A. B. R. 689. General terms of definition of "creditor" must apply in absence of re- strictive language. In re Walker (1899), Dist. N. Dakota; Amidon, J., 96 Fed., 550; 1 N. B. N. 510; "Attorney" in this section includes attorney at law though he has no power to vote except on additional security. In re Henschel (1901), S. Dist., N. Y. Brown, J., 109 Fed., 861; 6 A. B. R. 305: 3 N. B. N. 933. 6 MEANING OF WORDS AND PHRASES. [ 1 (10) "Date of bankruptcy," or "time of bankruptcy," or "commencement of proceedings," or "bankruptcy," with reference to time, shall mean the date when the petition was filed; As to computation of time see Sec. 31 post. The filing of the petition in good faith gives jurisdiction to the court, and the moment of filing is the precise point of time from which the various limitations in the Act are to be read. In re Chas. Lewis & Bro. (1899), S. Dist., N. Y., Brown, J., 91 Fed., 632; 1 A. B. R. 458; 1 N. B. N., 556. Insufficient petition withdrawn and amended - date of filing the amend- ment is the date when proceedings commenced. In re Washburn Bros. (1900), Dist. Conn. Townsend J. 99 Fed., 84; 3 A. B. R. 585. In the computation of time, exclude the day the act of bankruptcy was committed and include the day the petition was filed, In re Stevenson (1899), Dist. Del., Bradford J., 94 Fed., 110; 2 A. B. R. 66; 1 N. B. N. 313. (11) "Debt" shall include any debt, demand, or claim provable in bankruptcy ; "Debt." in bankruptcy law is not restricted to its strict legal meaning "a sum due by certain and express agreement." In re Fife (1901), W. Dist. Pa., Buffington, J., 109 Fed., 880; 6 A. B. R., 258; 3 N. B. N., 835. This Subdivision is limited by Sec. 60a. In re Yates (1902), N. Dist. Cal., De Haven, J., 114 Fed., 365; 8 A. B. R., 69. See also to the same effect: In re Mitchell (1902), Dist. Del., Bradford, J., 116 Fed., 87; 8 A. B. R., 324. (12) "Discharge" shall mean the release of a bankrupt from all of his debts which are provable in bankruptcy, ex- cept such as are excepted by this Act ; As to granting of discharges see Sec. 14 and notes. As to debts not affected by discharge, see Sec. 17 and notes. For definition of debts which are provable in bankruptcy, see Sec. 63 and notes. (13) "Document" shall include any book, deed, or in- strument in writing; See Sec. 70a as to title to documents relating to bankrupt's property- vesting in trustee. 1.] MEANING OF WORDS AND PHRASES. 7 (14) "Holiday" shall include Christmas, the Fourth of July, the Twenty-second of February, and any day appointed by the President of the United States or the Congress of the United States as a holiday or as a day of public fasting or thanksgiving ; As to computation of time, see Sec. 31 and notes. (15) [When person insolvent.] A person shall be deemed insolvent within the provisions of this Act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not at a fairvaluation.be sufficient in amount to pay his debts; Act of 1867 made person insolvent who could not pay his debts in ordinary course of business. Sec. 39, Act of 1867, post. As to "conveyed, transferred, concealed or removed, etc.," see Sec. 3a (1), and notes. As to debts which may be proved, see Sec. 63 and notes. Insolvency in administration of bankruptcy and insolvency laws is inability to pay debts as they mature in the regular course of business; non-payment of contracts challenged for fraud on ground of insuffi- ciency of assets has application to inability to pay. Marvin v. Anderson (1901), Sup. Ct. Wis., Marshall, J., 6 A. B. R., 520; 87 N. W., 226. An adjudication on an involuntary petition raises no presumption of insolvency as to any antecedent date. In re John Chappell (1901), E. Dist. of Va., Waddell, J., 113 Fed., 545; 7 A. B. R., 608. Inability to pay debts in full as they mature is not the same as "prop- erty at a fair valuation not sufficient to pay debts." Martin v. Bigelow (1901), Sup. Ct. N. Y., Sp. Term.; 36 Misc., 298. Adjudication on involuntary petition containing allegation of act of bankruptcy involving insolvency on previous date is res adjudicata on all creditors. In re Am. Brewing Co. (1902), 112 Fed., 752; 8 A. B. R., 463. Definition in this section must be strictly adhered to. Duncan \\ Landis (1901), C. C. A., 3rd Cir., Gray, J., 106 Fed., 839; 5 A. B. R., 649; 3 N. B. N., 673. Confession of inability to pay debts prima jade evidence of insolvency. 8 MEANING OF WORDS AND PHRASES. [ 1. In re Lange (1899), N. Dist. Iowa, Shiras, J., 97 Fed., 197; 1 A. B. R., 189; 1 N. B. N., 60. Judgment and levy not proof of insolvency. Levor v. Setter (1901), N. Y. Sup. Ct., Sp. Term; 34 Misc., 382. Debtor presumed to know his insolvency, hire Gilbert (1902), Dist. Ore., Bellinger, J., 112 Fed., 951; 8 A. B. R., 101. Corporations suspension of business and inability to pay debts presumption of insolvency. In re Elmira Steel Co. (1901), N. Dist., N. Y. ( Hazel, J., 109 Fed., 456; 5 A. B. R., 484. Dissolution of a firm and inability to meet debts is strongest evidence of insolvency. In re Miller (1900), W. Dist. N. Y., Hazel, J., 104 Fed., 764; 5 A. B. R., 140. Property exempt from execution included on trial of contested petition. In re Bauman (1899), W. Dist. Tenn., Hammond, J., 96 Fed., 946. Prospective profits on goods purchased not assets. In re Bloch (1901), C. C. A., 2nd Cir., 109 Fed., 790; 6 A. B. R., 300; 3 N. B. N., 894. Evidence improperly rejected. In re Bloch (1901), C. C. A., 2nd Cir., 109 Fed., 790; 6 A. B. R., 300; 3 N. B. N., 894. Insolvency established. In re Rome Planing Mill Co. (1900), N. Dist. N. Y., Coxe, J., 99 Fed., 937; 3 A. B. R., 766. Insolvency denied. In re Gilbert (1902), Dist. Ore., Bellinger, J., 112 Fed., 951; 8 A. B. R., 101. (16) " Judge" shall mean a judge of a court of bank- ruptcy, not including the referee; As to What are Courts of Bankruptcy, see ante Sec. 1 (8) , and notes. As to when powers of Judge are vested in referee, see Sec. 38a. (17) "Oath" shall include affirmation; As to punishment for false oath, see Sec. 29b (2) , and notes. As to who may administer oaths, see Sec. 20a. Refusal to take oath, con- tempt. Sec. 41a (4). (18) "Officer" shall include clerk, marshal, receiver, referee, and trustee, and the imposing of a duty upon or the forbidding of an act by any officer shall include his successor and any person authorized by law to perform the duties of such officer; As to officers, their duties and compensation, see Chapter V. post. "Person" defined, Sec. 1 (19) post. 1.] MEANING OF WORDS AND PHRASES. 9 (19) "Persons" shall include corporations, except where otherwise specified, and officers, partnerships, and women, and when used with reference to the commission of acts which are herein forbidden shall include persons who are participants in the forbidden acts, and the agents, officers, and members of the board of directors or trustees, or other similar controlling bodies of corporations ; As to offenses tinder this act forbidden see Sec. 29a post and notes. As to violations of the Bankruptcy law and punishment therefor see Sec. 2 (4) and notes. (20) "Petition" shall mean a paper filed in a court of bankruptcy or with a clerk or deputy clerk by a debtor praying for the benefits of this Act, or by creditors alleging the commission of an act of bankruptcy by a debtor therein named ; As to petitions see Sec. 59 and notes. As to acts of bankruptcy by a debtor, see Sec. 3 post and notes. As to what are Courts of bank- ruptcy, see Sec. 2 post. For definition of Clerk, see Sec. 1 (5) ante. As to filing of papers see Gen. Order II and notes. As to Creditors filing involuntary petitions, see Sec. 59b and notes. (21) "Referee" shall mean the referee who has juris- diction of the case or to whom the case has been referred, or any one acting in his stead ; As to duties, powers, qualifications of referee, see Chapter V post, Sec. 33 to Sec. 34, inclusive. Courts of bankruptcy determine territorial Jurisdiction of referees, Sec. 34a (2) . As to Reference of cases, see Sec. 22 (a). A referee is in fact a judge of the Bankruptcy Court. In re Tebo (1900) , Dist. W. Va., Jackson, J., 101 Fed., 419; 4 A. B. R., 235. (22) "Conceal" shall include secrete, falsify, and mu- tilate ; This clause construed. In re Bellah (1902), Dist. Del., Bradford, J., 116 Fed., G9; 8 A. B. R., 310. (23) "Secured creditor" shall include a creditor who 10 MEANING OF WORDS AND PHRASES. [ 1. has security for his debt upon the property of the bankrupt of a nature to be assignable under this Act, or who owns such a debt for which some indorser, surety, or other persons secondarily liable for the bankrupt has such security upon the bankrupt's assets; As to how value of securities ascertained, see Sec. 57 and notes. This section limits the meaning of "secured creditor" to its strict definition. It does not amplify the usual meaning of the term. In re Coe, Powers & Co. (1899), N. Dist. Ohio, Remington, R., 1 A. B. R. 275; 1 N. B. N., 294. (24) "States" shall include the Territories, the Indian Territory, Alaska, and the District of Columbia ; As to State insolvency laws, see Sec. 71 (a) and notes. (25) "Transfer" shall include the sale and every other and different mode of disposing of or parting with property, or the possession of property, absolutely or con- ditionally, as a payment, pledge, mortgage, gift, or security; As to the further construction and application of "transfer," see Sec. 60c and notes. When transfer is act of bankruptcy, Sec. 3a (1) and notes. "Transfer" is used in its most comprehensive sense and is intended to include every means and manner by which property can pass from the ownership and possession of another. Pirie v. Chicago T. & Tr. Co. (1901), U. S. Sup. Court, McKenna, J., 182 U. S., 444; 5 A. B. R., 814; 3N. B. N., 566. Payment of money on account is a transfer. In re Fixen (1900), C. C. A., 9th Cir., Morrow, J., 102 Fed., 295; 4 A. B. R., 10. Word "property," as here used, includes money. Boydv. Lemon Gale Co. (1902), C. C, A., 5th Cir., Pardee, J., 114 Fed., 647; 8 A. B. R., 81. Payment of money in due course of business a "transfer." Warden v. Columbia Electric Co. (1899), Dist. Ind., Baker, J., 96 Fed., 803; contra In re Ratliff (1901), E. Dist. N. C., Purnell. J., 107 Fed., 80; 5 A. B. R., 713. Receivership is not a transfer. In re Baker- Ricketson (1899), Dist. Mass., Lowell, J., 97 Fed., 489; 4 A. B. R., 605; 2 N. B. N., 133. Deposit in bank is a "transfer." In re Stege (1902), C. C. A., 2nd Cir., 116 Fed., 312; 8 A. B. R., 515. 1.] MEANING OF WORDS AND PHRASES. 11 As to application of "transfer" see: In re Ed W. Wright Lumber Co. (1902), W. Dist. Ark., Rogers, J., 114 Fed., 1,011; 8 A. B. R., 345. (26) "Trustee" shall include all of the trustees of an estate ; For appointment, duties, qualifications of trustees, see Sec. 44 to 51, inclusive, and Gen. Ord. 5 XIII, XIV, XV and XVII. As to when more than one trustee in an estate, see Sec. 47b and notes. (27) "Wage earner" shall mean an individual who works for wages, salary, or hire, at a rate of compensation not exceeding one thousand five hundred dollars per year; As to prior claim of wage earner with construction of term. See Sec. 64 b (4) post and notes thereunder. Wage-earner exempted from invol- untary bankruptcy, Sec. 4b post and notes. (28) [Words importing masculine gender.] Words im- porting masculine gender may be applied to and include cor- porations, partnerships, and women ; See definition of persons, Sec. 1 (19) ante and notes. See as to words imparting singular number, Sec. 1 (29) and Sec. 1 (30) post. (29) [Words importing Plural Number.] Words im- porting the plural number may be applied to and mean only a single person or thing; For definition of persons, see Sec. 1 (19) ante and notes, see also Sec. 1 (28) ante, and Sec. 1 (30) post. (30) [Words importing singular number.] Words im- porting the singular number may be applied to and mean several persons or things. See Sec. 1 (29) ante. CHAPTER II. CREATION OF COURTS OF BANKRUPTCY AND THEIR JURISDICTION. SEC. 2. COURTS OF BANKRUPTCY NAMED. JURISDICTION. (1) to adjudge persons bankrupt. (2) to allow and disallow claims. (3) to appoint receivers. (4) to try and punish bankrupts. (5) to permit temporary transac- tion of business. (6) to substitute persons in pro- ceedings. (7) to collect and distribute as- sets. (8) to close estates. (9) to confirm and reject com. positions. (10) to modify, etc., referee's finding. (11) to determine exemptions. (12) to discharge bankrupts, etc. (13) to enforce orders. (14) to extradite bankrupts. (15) to make all necessary orders for enforcement of provis- ions of act. (16) to punish for contempts be- fore referees. (17) to appoint trustees. (18) to tax costs. (19) transfer cases to other courts of bankruptcy. (20) specified powers. SEC. 2. COURTS OF BANKRUPTCY NAMED. JURISDICTION. [Jurisdiction of courts of bankruptcy.] That the courts of bankruptcy as hereinbefore defined, viz., the district courts of the United States in the several states, the supreme court of the District of Columbia, the district courts of the several Territories, and the United States courts in the Indian Territory and the District of Alaska, are hereby made courts of bankruptcy, and are hereby in- vested within their respective territorial limits as now es- tablished, or as they may be hereafter changed, with such jurisdiction at law and in equity as will enable them to exercise original jurisdiction in bankruptcy proceedings, in 12 2. (1)] COURTS OF BANKRUPTCY. JURISDICTION. 13 vacation in chambers and during their respective terms, as they are now or may be hereafter held, to Courts of bankruptcy defined Sec. 1 (8) ante. For jurisdiction of U. S. and State Courts, see Sec. 23 post, and notes thereunder. Federal court sitting as court of bankruptcy is always open and does not lose jurisdiction to alter interlocutory orders by termination of term at which they were entered. In re Henschel (1902), S. Dist., N. Y., Adams, J., 114 Fed., 968; 8 A. B. R., 201. (1) [To adjudicate persons bankrupt.] Adjudge persons bankrupt who have had their principal place of business, resided, or had their domicile within their respective terri- torial jurisdiction for the preceding six months, or the greater portion thereof, or who do not have their principal place of business, reside, or have their domicile within the United States, but have property within their jurisdictions, or who have been adjudged bankrupts by courts of com- petent jurisdiction without the United States and have property within their jurisdictions ; Compare with Sec. 1 of Act of 1867 post. See Forms 1 and 3 for allegations of residence in petitions, also Gen. Ord. VI, as to petitions in different districts, and Gen. Ord. VII, as to priority of petitions when two or more are filed against a common debtor. Ancillary jurisdiction exercised by court of bankruptcy. In re Peiser (1902), E. Dist. Pa., McPherson, J., 115 Fed., 199; 7 A. B. R., 690. Business, residence and domicile, facts on which court must base its jurisdiction to adjudge persons bankrupt. In re Marine Machine & Conveyor Company (1899), S. Dist. N. Y., Brown, J., 91 Fed., 630; 1 A. B. R., 421; 1 N. B. N., 135; In re Brice (1899), Dist. Iowa, Woolson, J., 93 Fed., 942; 2 A. B. R., 197; 1 N. B. N., 310; In re Blair (1900), S. Dist. N. Y., Brown, J., 99 Fed., 76; 3 A. B. R., 588; 2 N. B. N., 890; In re Filer (1900), S. Dist. N. Y., Brown, J., 108 Fed., 209; 5 A. B. R., 332; 3 N. B. N., 366; In re Plotke (1900), C. C. A., 7th Cir., Seaman, J., 104 Fed., 964; 5 A. B. R., 171; 3 N. B. N., 122; In re Grimes (1899), W. Dist. N. C., Ewart, J., 94 Fed., 800; 2 A. B. R., 160; 1 N. B. N., 339. Court of bankruptcy no power to enter order to show cause to be served on person outside the District. In re Waukesha Water Co. (1902), E. Dist. Wis., Seaman, J., 116 Fed., 1,009; 8 A. B. R., 715. 14 COURTS OF BANKRUPTCY. JURISDICTION. [ 2. (1) Residence must have commenced at least six months prior. In re Stokes (1899), Dist. Washington, Munter, R.; 1 A. B. R., 35; 1 N. B. N., 106; (see note to this case, 1 A. B. R., 37). Domicile not lost by temporary absence however prolonged where intention to return remained. In re Williams (1900), District Washing- ton, Hanford, J., 99 Fed., 544; 3 A. B. R., 677; 2 N. B. N., 206. "Domicile" and "Residence" defined. Three months of either inside the six months period essential to the jurisdiction. In re Berner (1899) N. Dist. Ohio, Remington, R., 3 A. B. R., 325; 2 N. B. N., 268, 330. Residence of bankrupt is jurisdictional fact; burden on bankrupt to show it. In re Waxelbaum (1899) , S. Dist. N. Y., Brown, J., 97 Fed., 562; 3 A. B. R., 267; 2 N. B. N., 103. Same on rehearing. In re Waxel- baum (1899), S. Dist. N. Y., Brown, J., 98 Fed., 589; 3 A. B. R., 392; 2 N. B. N., 228. Objection to jurisdiction of court of bankruptcy on account of resi- dence must be promptly raised, otherwise waived by creditors. In re Mason (1900), W. Dist. N.C., EwartJ. 99 Fed., 256; 3 A. B. R., 599; 2 N. B. N., 425. Principal place of doing business of a corporation is where its business is in fact done, not where it merely markets its products. Full discussion of jurisdiction of court on "principal place of business." In re Elmira Steel Company (1901), N. Dist. New York, Moss, R.; 5 A. B. R., 484. Residence not shown by the mere temporary lodging in a boarding house in the State although intention to return is claimed. In re Dingle- hoef Brothers (1901), E. Dist. North Carolina, Purnell, J., 109 Fed., 866; 6 A. B. R., 242; 3 N. B. N., 946. A corporation created by law of one State may be adjudged bankrupt, in another. In re Magid-Hope Silk Mfg. Co. (1901), Dist. Mass., Lowell, J., 110 Fed., 352; 6 A. B. R., 610; Dresselv. North State Lumber Co. (1901), E. Dist. N. C., Purnell, J., 107 Fed., 255. Objection to jurisdiction over person must be promptly taken. In re Mason (1900), W. Dist. N. C., Ewart, J., 99 Fed., 256; 3 A. B. R., 599, 2 N. B. N., 425. As between two United States District Courts, the one whose aid is first invoked is entitled to charge of the proceedings. In re Elmira Steel Company (1901), W. Dist. N. Y., Hazel, J.; 5 A. B. R., 484. Want of jurisdiction to adjudicate one a bankrupt cannot be raised by creditors in opposition to discharge. Grounds enumerated in the statute only can be raised. In re Clisdell (1900), N. Dist. N. Y., Coxe, J., 101 Fed., 246; 4 A. B. R., 95; 2 N. B. N., 638. 2. (2)] COURTS OF BANKRUPTCY. JURISDICTION. 15 A corporation having its general office within a district more than six months prior to filing of petition is within jurisdiction of the court. In re Marine Machine & Conveyor Co. (1899), S. Dist. N. Y., Brown, J , 91 Fed., 630; 1 A. B. R., 421; 1 N. B. N., 136, A petition stating disjunctively "that the petitioner has had his princi- pal place of business, or has resided, or has had his domicile for greater portion of six months, etc.," is insufficient on its face to confer jurisdic- tion. In re Laskaris (1899), N. Dist. N. Y., Moss, R.; 1 A. B. R., 480; 1 N. B. N., 209. "Place of business," "residence" and "domicile" compared and dis- cussed. InreCisdett (1899), N. Dist. N. Y., Moss, R.; 2 A. B. R., 424. Words "greater portion" are synonymous with "longest period" in the Act of 1867. The petition may be filed in the District in which bankrupt has resided for the longest period during the preceding six months. In re Ray et al. (1899), Dist. of Washington, Worden, R.; 2 A. B. R., 158; 1 N. B. N., 336. Jurisdiction dependent on principal place of business must show that there was business carried on. Making an assignment void by law does not carry on the business by virtue thereof. In re Plotke (1900), C. C. A., 7th Cir., Seaman, J., 104 Fed., 964; 5 A. B. R., 171; 3 N. B. N., 122. Jurisdiction conferred where parties proceed to hearing on petition before referee without objecting to jurisdiction. In re Steuer (1900), Dist. Mass., Lowell, J., 104 Fed., 976; 5 A. B. R., 209; 3 N. B. N , 226. No jurisdiction by summary process where there is none by plenary suit. In re Ward (1900), Dist. Mass., Lowell, J., 104 Fed., 985; 5 A. B. R., 215; 3 N. B. N., 216. Jurisdiction of the federal courts is acquired the moment petition is filed. Carpenter Bros. v. O'Connor (1899), Ohio Cir. Ct., 2nd Cir., Wil- son, J.; 1 A. B. R.,381. (2) [Allow and disallow claims.] Allow claims, dis- allow claims, reconsider allowed or disallowed claims, and allow or disallow them against bankrupt estates ; As to Creditors and Claims, see Sec. 55 to 60, inclusive. As to time of hearing claims, see Sec. 55b. As to procedure, Sees. 57, and 65. As to Forms for proof of claim, see Forms 32, and 33. For Proof of Claims, Gen. Ord. XXI. As to Estates, see Sec. 70 and notes. 16 COURTS OF BANKRUPTCY. JURISDICTION. [2. (3) For proof and allowance of claims, see Sec. 57 and notes thereunder. What are provable debts see Sec. 63 and notes. Claim of creditor filed and disallowed is res adjudicata in the bank- ruptcy proceeding. In re Heinsfurther (1899),. S. Dist. Iowa, Woolson, J., 97 Fed., 198; 3 A. B. R., 109; 1 N. B. N., 504. Referee no jurisdiction to find in considering claims that bankrupt was guilty of fraud in contracting the debt. In re Lazarovic (1898) , Dist. Kan., Corey, R.; 1 A. B. R., 476. (3) [Appoint receivers.] Appoint receivers or the mar- shals, upon application of parties in interest, in case the courts shall find it absolutely necessary, for the preservation of estates, to take charge of the property of bankrupts after the filing of the petition and until it is dismissed or the trustee is qualified ; See (5) post under this Section and notes. Also (7) and notes and amendment as to compensation. As to possession of property and proceedings to seize the same, see Sec. 69a and Sec. 3e. For definition of trustee see Sec. 1 (26) ante; as to suits by trustees Sec. 236; relative to appointment of trustees Sec. 44 and 45 and notes. Bankrupt court having obtained possession will not suffer State officer to interfere therewith. In re Schloerb (1899), E. Dist. Wis., Seaman, J., 97 Fed., 326; 3 A. B. R., 224; 2 N. B. N., 234. Receiver's fee must be fair and reasonable. In re Scott (1900), E. Dist. N. C., Purnell, J., 97 Fed., 588; 3 A. B. R., 625; 2 N. B. N., 440. Fire insurance policy held to belong to receiver in bankrucpty who could collect the premium, and not to a bank which claimed it as col- lateral, and which if maintained would have invalidated the policy. In re Hamilton (1900), et al., W. Dist. Ark., Rogers, J., 4 A. B. R., 543; 2 N.B. N., 957. Receiver has power to sell liquor license as an asset if transferable under law of State. In re Becker (1899), E. Dist. Pa., McPherson, J. 98 Fed., 407; 3 A. B. R., 412; 2 N. B. N., 225. Marshal entitled to fees same as receiver. In re Adams Sartorial Co. (1900), Dist. Colo., Hollett, J., 101 Fed., 215; 4 A. B. R., 107: 2 N. B. N., 535. Before adjudication receiver no extra territorial jurisdiction. Inde- pendent procedure necessary to take possession of assets in foreign state. In re Schrom (1899), N. Dist. of Iowa, Shiras, J., 97 Fed., 760; 3 A. B. R., 352. 2. (3)] COURTS OF BANKRUPTCY. JURISDICTION. 17 Receiver under bankruptcy law derives his powers from that statute alone and object of his appointment is to preserve the property of the bankrupt so as to prevent its destruction. Is not a common law receiver. Cannot institute suit to recover property etc. Boonville Nat. Bank v. Blakey (1901), C. C. A., 7th Cir., Jenkins, ' J., 107 Fed., 891; 6 A. B. R. ( 13; 3 N. B. N., 644. Summary proceedings by landlord to remove bankrupt tenant from premises enjoined at suit of receiver. In re Kleinhans (1902), W. Dist. N. Y., Hazel, J., 113 Fed., 107; 7 A. B. R., 604. Bankruptcy Court will take jurisdiction of a motion to appoint a re- ceiver even when proceedings are pending in State Court. In re Bruss- Ritter Co. (1898), E. Dist. Wis., Seaman, J., 90 Fed., 651; 1 A. B. R., 58; 1 N. B. N., 39; In re John A. Ethridge Furniture Co. (1899), Dist. Ky., Barr, J., 92 Fed., 329; 1 A. B. R., 112; 1 N. B. N., 139. Bankruptcy Court will appoint marshall to take charge of bankrupt's property even if proceedings in State Court pending. Davis v. Bohle (1899), C. C. A., 8th Cir., Thayer, J., 92 Fed., 325; 1 A. B. R., 412; 1 N. B. N., 216; affirming in re Sievers (1899), E. Dist. Mo., Adams, J., 91 Fed., 366; 1 A. B. R., 117; 1 N. B. N., 60. Bankruptcy Court will not appoint receiver of property claimed ad- versly. Carting v. Seymour Lumber Co. (1902), C. C. A., 6th Cir., 113 Fed., 483; 8 A. B. R., 29; reversing in re Macon Sash, etc., Co. (1901), S. Dist. Ga.,Speer, J., n2Fed.,323;Beachv.MaconGroceryCo. (1902); C. C. A. 5th Cir., 116 Fed., 143; 8 A. B. R., 751. Assignee under general assignment appointed receiver. In re John A. Etheridge Furniture Co. (1899), Dist. Ky., Barr, J., 92 Fed., 329; 1 A. B. R., 112; 1 N. B. N., 139. Receiver must preserve assets intact. He is only a custodian and caretaker. In re Kleinhans (1902), W. Dist. N. Y., Hazel, J., 113 Fed., 107; 7 A. B. R., 604; Boonville Nat. Bank v. Blakey (1901); C. C. A., 7th Cir., Jenkins, J., 107 Fed., 891; 6 A. B. R., 13; 3 N. B. N., 644. Court of Bankruptcy may, under its general equity powers, appoint receivers. In re Fixen (1899), S. Dist. Cal., Wellborn, J., 96 Fed., 748; 2 A. B. R., 822. Receiver not to exercise general powers conferred on trustee. In re Kleinhans (1902), W. Dist. N. Y.,, Hazel, J., 113 Fed., 107; 7 A. B. R., 604. Court may order receiver to sell property. In re Becker (1899), E. Dist. Pa., McPherson, J., 98 Fed., 407; 2 N. B. N., 245. Court may issue injunction in aid of receiver. In re Kleinhans (1902) , W. Dist. N. Y., Hazel, J., 113 Fed., 107; 7 A. B. R., 604. 18 COURTS OF BANKRUPTCY. JURISDICTION. [2.(5) Receiver can not forcibly seize property in possession of an adverse claimant. Bardes vs. Hawarden First Nat. Bank (1900), U. S. Sup. Ct., Gray, J.,178 U.S., 538; 4 A. B. R., 163; 2 N. B. N., 725; in re Bender (1901), W. Dist. Ark., Rogers, J., 106 Fed., 873; 5 A. B. R., 632. Receiver in bankruptcy has statutory powers only has not the power to sue exercised by trustee. Boonville Nat. Bank v. Blakely (1901), C. C. A., 7th Cir., Jenkins, J., 107 Fed., 891; 6 A. B R., 13. Marshal having seized the property of purchaser, damages, attorneys, fees and costs were allowed purchaser for the improper seizure. In re Arbaham (1899), C. C. A., 5th Cir., McCormick, J., 93 Fed., 767; 2 A. B. R., 266; 1 N. B. N., 281. (4) [Try and punish bankrupts.] Arraign, try, and pun- ish bankrupts, officers, and other persons, and the agents, officers, members of the board of directors or trustees, or other similar controlling bodies of corporations for violations of this Act, in accordance with the laws of procedure of the United States now in force, or such as may be hereafter enacted, regulating trials for the alleged violation of laws of the United States ; "Bankrupf'defined Sec. 1 (4) and notes. "Officers" defined Sec. 1 (18) and notes. "Persons" defined Sec. 1 (19) and notes. As to jury trials see Sec. 19 post and notes. For offenses under this Act see Sec. 29 post and notes. Arrest by bankrupt under State process for fraudulent insolvency will not be challenged by bankruptcy court. U. S. v. McAleese (1899), C. C. A., 3rd Cir., McPherson, J., 93 Fed., 656; 1 A. B. R., 650; 1 N. B. N., 265. In defense to a proceeding for failure to account for assets, confession of squandering the same not sufficient. In re Tudor (1899), Dist. Colo., Hallett, J., 96 Fed., 942; 4 A. B. R., 78; 2 N. B. N., 168. (5) [Authorize temporary transaction ol business.] Au- thorize the business of bankrupts to be conducted for limited periods by receivers, the marshals, or trustees, if necessary, in the best interests of the estates,* and allow such officers additional compensation for such services, but not at a greater rate than in this Act allowed trustees for similar services.* As amended by law of 1903, Section 1 of amendment, page post. Amendment adds matter between stars. 2. (7)] COURTS OF BANKRUPTCY. JURISDICTION. 19 See ante (3) and notes. As to compensation of trustees see post, Sec. 48 as amended. (6) [Bring in additional parties.] Bring in and sub- stitute additional persons or parties in proceedings in bank- ruptcy when necessary for the complete determination of a matter in controversy. Trustee may be ordered by the court to enter his appearance and defend any pending suit, Sec. lib post. He may prosecute suits brought by bankrupt, Sec. lie post. As to when third persons other than the bankrupt, trustee and creditors may be brought in, see Sec. 23 post and notes. Bankruptcy proceeding is in rem, and all those interested in the res are regarded as parties to it. Southern Loan & Trust Co, v. Benboiv (1899), W. Dist. N. C., Ewart, J., 96 Fed., 514; 3 A. B. R., 9; 1 N. B. N., 499. (7) [Collect and distribute assets.] Cause the estates of bankrupts to be collected, reduced to money and distributed, and determine controversies in relation thereto, except as herein otherwise provided; For administration of estates, Chapter VII post. As to suits in rela- tion to bankrupt's property, see Sec. 11 post, and notes. See ante (3) and (5) and notes. Jurisdiction of courts in suits by trustee, Sec. 23b post and notes. As to possession of property, see Sec. 69 post and notes. Title to property, Sec. 70 post. Bankruptcy court has exclusive jurisdiction over property of bank- rupt and has sufficient equity powers to have all claims brought in and enforced by it. Murray v. Beale (1899), Dist. of Utah, Marshall, J., 97 Fed., 567; 3 A. B. R., 284; 2 N. B. N., 164. Claim of creditors for the return of goods is cognizable by the bank- ruptcy court. In re McCallum (1902), E. Dist. Pa., McPherson, J., 113 Fed., 393; 7 A. B. R., 596. Bankruptcy court has inherent power to punish inter-meddlers by summary process. In re Tune (1902), N. Dist. Ala., Jones, J., 115 Fed., 906; 8 A. B. R., 285. Bankruptcy court may assess stockholders of bankrupt corporation. In re Miller Electric Maintenance Co, (1901), W. Dist. Pa., Buffington, J., Ill Fed., 515; 6 A. B. R., 701; 3 N. B. N., 1,002; In re Crystal Spring Bottling Co. (1899), Dist. Vt. F Wheeler, J., 96 Fed., 945; 3 A. B. R., 194; 3 N. B. N., 180. 20 COURTS OF BANKRUPTCY. JURISDICTION. [2.(7) The jurisdiction to determine controversies under this sub-head depends, (1) whether the controversy is one having reference to prop- erty actually in the possession of the bankruptcy court or belonging to the bankrupt's estate; or (2) whether it arises in the bankruptcy pro- ceeding; or (3) whether from nature of the controversy power is conferred on the court to determine conflicting liens and apportion assets. In re Kellogg (1902), W. Dist. N. Y., Hazel, J., 113 Fed., 120; 7 A. B. R., 623. The words "except as herein otherwise provided," refer to the provis- ions of Sec. 23a and b, limiting the jurisdiction of bankruptcy courts. Bryan v. Bernheimer (1901), U. S. Sup. Court, Gray, J., 181 U. S., 194; 5 A. B. R., 623; 3 N. B. N., 482; Bardes v. Hawarden First National Bank (1900), U. S. Sup. Court, Gray, J., 178 U. S., 535; In re Kellogg (1902), W. Dist. N. Y., Hazel, J., 113 Fed., 120; 7 A. B. R., 623; In re Woodbury (1900), Dist. N. Da.,Amidon, J., 98 Fed., 833; 3 A. B. R., 457; 2|N. i B. N., 284. This clause construed. In re Baudouine (1900), C. C. A., 2nd Cir., Wallace, J., lOlFed., 574; 3 A. B. R., 651; 1 N. B. N., 506. In re Browne (1900), E. Dist. Pa. r McPherson, J., 104 Fed., 762; 5 A. B. R., 220! In re Rosenberg (1902), E. Dist. Pa., McPherson, J., 116 Fed., 402; 8 A. B. R., 624. Owner of property may intervene. In re Whitener (1900), C. C. A., 5th Cir., Pardee, J., 105 Fed., 180; 5 A. B. R., 198; 3 N. B. N., 316; Fisher v. Cushman (1900), C. C. A., 1st Cir., Putnam, J., 103 Fed., 860; 4 A. B. R., 646; In re Kindt (1900), S. Dist. la., Shiras, J., 101 Fed., 107; 3 A. B. R., 546; 2 N. B. N., 373; see likewise In re Todd (1901), S. Dist. N Y., Brown, J., 109 Fed., 265; 6 A. B. R., 88; 3 N. B. N., 833; In re Durham (1900), E. Dist. Ark., Trieber, J., 104 Fed., 231; 4 A. B. R., 760 2N. B. N., 1,101. Property secured by fraud of bankrupt ordered returned to owners. Bloomingdale v. Empire Rubber Mfg. Go. (1902), E. Dist. N. Y., Thomas, J., 114 Fed., 1,016; 8 A. B. R., 74. District court should examine ground for summary application for order directing surrender of property and if there appears to be a real con- troversy, matter must be referred to the state court. In re Baird (1902), E. Dist. Pa., McPherson, J., 115 Fed., 1023; 8 A. B. R., 649. District Court must determine whether a real controversy exists cannot act in personam upon adverse claimants who reside in another district. In re Waukesha Water Co. (1912), E. Dist. Wis., Seaman, J., 116 Fed., 1009; 8 A. B. R., 715. State court cannot refuse to surrender assets until its officers are paid 2. (7)] COURTS OF BANKRUPTCY. JURISDICTION. 21 fees. In re Rogers (1902), S. Dist. Ga., Speer, J., 116 Fed., 435; 8 A. B. R., 723. Bankruptcy court cannot dispose of adverse claim to property of bank- rupt in possession of third person without consent of the parties. In re Michie (1902), Dist. Mass., Lowell, J., 116 Fed., 749; 8 A. B. R., 734. Sale of property in hands of receiver by order of bankruptcy court, though creditors had been on same. Beach v. Mason, Grocery Co. (1902), C. C. A., 5th Cir., 116 Fed., 143; 8 A. B. R., 751, where District Court has acquired possession of property it has power to adjudicate liens claimed thereon. Chauncey et al. v. Dyke Bros. (1902), C. C. A-, 8th Cir., Thayer, J., 119 Fed., 1. Bankruptcy court has no jurisdiction over funds of execution sale, where the judgment on which sale was based was obtained more than four months prior to filing the petition, even though the sale was within the four months preceding. In re Easley (1899), W Dist. Va., Paul, J., 93 Fed., 419; 1 A. B. R., 715; 1 N. B. 230. Jurisdiction of property in possession of District Court is not to be in- terfered with by proceedings in state courts subsequently brought. In re Russell & Birkett (1900), C. C. A., 2nd Cir., Wallace, J., 101 Fed.; 248; 3 A. B. R., 658. Mortgagees obtaining possession of property prior to filing of petition, cannot be compelled by summary process to deliver same to the trustee. In re Buntrock Clothing Co. (1899), N. Dist. la., Shiras, J., 92 Fed., 886; 1 A. B. R., 454; 1 N. B. N., 291 Bankruptcy court no jurisdiction over fund, title to which has been adjudicated by another court of competent jurisdiction . Quaere. Has District Court jurisdiction of suit agaist trustee by claim of property held by him. J. B. McFarlane Carriage Co. et al. v. Salanas et al. (1901), C. C. A., 5th Cir., 106 Fed., 145; 5 A. B. R., 442. Jurisdiction in garnishment proceedings against the bankrupt inheres in District Court. In re McCartney (1901), E. Dist. Wis. Seaman, J., 109 Fed., 621: 6 A. B. R., 367. Jurisdiction wanting in District Court to compel assignee to turn over assets on summary proceedings no contempt where party ordered to do the impossible and turn over money squandered. Sinsheiner et al. v. Simonson et al. (1901), C. C. A., 5th Cir., Severens, J., 107 Fed., 898; 5 A. B. R., 537. Jurisdiction wanting in District Court in suit by trustee to compel third party to bankruptcy proceedings to sell certificate of Board of Trade held by bankrupt as collateral. In re Silberhorn (1900), N. Dist. 111., Kohlsaat, J., 105 Fed., 899; 5 A. B. R., 568. 22 COURTS OF BANKRUPTCY. JURISDICTION. [2. (7) Money turned over by bankrupt to wife can not be reached by sum- mary order. In re Green (1901), E. Dist. Pa., McPherson, J., 108 Fed.; 616; 6 A. B. R., 270. State court having taken possession of estate by receiver more than four months prior to bankruptcy, will not be divested of control. Frazier v. So. Loan & Trust Co. (1900), C. C A., 4th Cir.,Paul, J., 99 Fed., 707, 3 A. B. R., 710. Possession of assets by trustee should be obtained by application to State Court. In re Kersten & Kersten (1901), E. Dist. Wis., Seaman, J., 110 Fed., 929; 6 A. B. R., 516. Where proceedings in State Court are in nature of insolvency proceed- ings state administration is suspended by bankruptcy. In re Kersten & Kersten (1901), E. Dist. Wis., Seaman, J., 110 Fed., 929; 6 A. B. R., 516- Jurisdiction of bankruptcy court prevails over State court which had appointed a receiver on grounds of insolvency. Comity requires that bankruptcy receiver apply for an order for possession. In re Lengert Wagon Co. (1901), S. Dist. N.Y., Adams, J., 110 Fed., 927; 6 A. B. R., 535. It is error on a summary petition to compel an assignee of bankrupt without notice to turn over property to the trustee. Smith v. Belford (1901), C. C. A. 6th Cir.,Severns, J., 106 Fed., 658; 5 A. B. R., 291. Jurisdiction in district Court to order purchaser of assets under general, assignment to turn over property of estate to the purchaser in bank- ruptcy proceedings. Bryan v. Bernheimer 1901), U. S. Supreme Ct., Judge Gray, 181 U. S., 181; 5 A. B. R., 623. Jurisdiction of District Court to take possession of property of bank- rupt which was in possession, although mortgagee claims title and pos- session. In re Bendeer (1901), W. Dist. Ark., .Rogers, J., 106 Fed., 873; 5 A. B. R., 632. Court of bankruptcy has no power by summary process to order sheriff to turn over to trustee money obtained from sale under execution made null by bankruptcy adjudication. In re Franks (1899), S. Dist. Ala., Toulmin, J., 95 Fed., 635; 2 A. B. R., 634. The jurisdiction of the bankruptcy court over exempt property is limited to setting the exempt property aside. Disputes concerning title to property left to other courts. In re Hill, N. Dist. Ga., Newman, J., 96 Fed., 185; 2 A. B. R., 798; 2 N. B. N., 180. Bankruptcy court has power to compel purchasers at a chattel mort- gage sale of bankrupt's goods, after adjudication to turn property pur- chased over to trustee. In re Brooks (1899), Dist. Vt., Wheeler, J.; 1 A. B. R., 531; 1 N. B. N., 240. A stockholder without personal interest may be ordered to surrender 2. (8)] COURTS OF BANKRUPTCY. JURISDICTION. 23 to Marshal and held for contempt if he refuses. In re Macon Lumber Co. (1901), S. Dist. Ga., 112 Fed., 323; 7 A. B. R., 66. Goods in possession of bankrupt at time of adjudication are in posses- sion of the bankrupt court. No process of the state court can take them out. Summary relief proper. White & Ors v. Schloerb et al. (1900), U. S. Sup. Ct., Gray, J., 178 U. S., 542; 4 A. B. R., 178; 2 N, B. N., 721. Jurisdiction of State court which has appointed receiver of a firm is not to be assailed in bankruptcy court in subsequent proceeding no order will be made on the receiver to turn over the assets. Trustee must apply to state court for such an order. In re Price & Co. (1899) , So. Dist. N. Y., Brown, J., 92 Fed., 987; 1 A. B. R., 606; 1 N. B. N., 240. Adjudication in bankruptcy will be respected by state court and funds in receiver's hands be ordered turned over to the trustee. State court will allow for costs and expenses of the receivership. Wilson v. Parr (1902), Little, J., Sup. Ct. Ga., 8 A. B. R., 230. Bankruptcy Court having possession of property of bankrupt will not allow a subsequent proceeding in State Court to interfere with the same. Keegan v. King (1899), Dist. Ind., Baker, J., 96 Fed., 758; 3 A. B. R., 79. Property being administered by a state court should not be disturbed by a court of bankruptcy unless it is evident that an injustice will be done to the general creditors by administration in the State Court. Southern Loan & Trust Co. v. Benbow (1899), W. Dist. N. C., Ewart, J., 96 Fed., 514; 3 A. B. R., 9; 1 N. B. N,, 499. Reopening of estate should be based on proper petition setting up the facts. In re Newton (1901), C. C. A., 8th Cir., Adams, J., 107 Fed., 429; 6 A. B. R., 52. State court cannot demand as a condition of turning over property in hands of receiver that costs of administration be first paid. Hanson v. Stephens (1902), Sup. Ct. Ga., Little, J., 42 S. E., 1028. (8) [Close estates.] Close estates, whenever it appears that they have been fully administered, by approving the final accounts and discharging the trustees, and reopen them whenever it appears they were closed before being fully ad- ministered : Duty of trustee to close estates expeditiously. Sec. 47a (2). Trustee to file final account fifteen days before the final meeting of creditors. Sec. 47 post. Creditors to have ten days' notice. Sec. 58a post. 24 COURTS OF BANKRUPTCY. JURISDICTION. [2. (11) As to death or removal of trustee, Sec. 46. See generally ante (3) (5) (7) and notes thereto. As to administration of estates, see Chapter VII. Speedy closing of estates duty of courts of bankruptcy. In re Stein (1899), Dist. Ind., Baker, J., 94 Fed., 124; 1 A. B. R., 662; 1 N. B. N., 339. Court reluctant to reopen estate. In re Newton (1901), C. C. A., 8th Cir., Adams, J., 107 Fed., Rep., 429; 6 A. B. R., 52; 3 N. B. N., 978; In re Shaffer (1900), E. Dist. N. C., Purnell, J., 104 Fed., 982; 4 A. B. R. 728; 3 N. B. N., 54. (9) [Confirm or reject compositions.] Confirm or reject compositions between debtors and their creditors, and set aside compositions and reinstate the cases; For confirmation or rejection of compositions, see Sec. 12 and Sec. 13, post, Gen. Ord. XXXII. For effect of setting aside composition on title to property, see Sec. 64 c and Sec. 70d, post. For forms for composition see Forms 60 and 61, post. (10) [Pass on referee's findings.] Consider and confirm modify or overrule, or return, with instructions for further proceedings, records and findings certified to them by referees ; As to Practice on review of referee's finding, see Gen. Ord. XXVII. As to findings of the referee, see Sec. 38 and 39, post, and notes. Ruling of referee to which exception is desired to be made to the' Judge should be accompanied by an order, and petition for review should be filed. In re Smith (1899), W. Dist. Texas, Maxey, J., 93 Fed., 791; 2 A. B. R., 190; 1 N. B. N., 532. Orders and decrees may be made and corrected at any time, the court being always open. Mahoney el al., v. Ward (1900), E. Dist. N. C., Purnell, J., 100 Fed., 278; 3 A. B. R., 770; 2 N. B. N., 538. Petition for review essential before judge will review referee's order. In re Russell (1900), N. Dist. Cal., De Haven, J., 105 Fed., 501; 5 A. B. R., 566; 3 N. B. N., 365. In re Smith (1899), W. Dist. Texas, Maxey, J., 93 Fed., 791; 2 A. B. R., 190; 1 N. B. N., 532. Petition for review is in nature of assignment of errors and only mat- ters included therein will be passed on. In re T. L. Kelley Dry Goods Co. (1900), E. Dist. Wis., Seaman, J., 102 Fed., 747; 4 A. B. R., 528. (11) [Pass on claims to exemption.] Determine all claims of bankrupts to their exemptions ; 2. (13)] COURTS OF BANKRUPTCY. JURISDICTION. 25 As to exemptions to which bankrupt is entitled, see Sec. 6 post and notes, also Sec. 47 (11), post, annd notes as to duty of Trustee in regard to exemptions. Bankrupt to schedule exemptions, Sec. 7 (8) post. Form No. 1, Sch. B (5). Court will not review a finding or order of the referee that property is not exempt, unless a trustee has been appointed and has set apart the bankrupt's exemption. In re Smith (1899), West Dist. Texas, Maxey, J., 93 Fed., 791; 2 A. B. R., 190; 1 N. B. N., 532. Bankruptcy Court exclusive jurisdiction to determine right to ex- emptions as between bankrupt and trustee. McGahan v. Anderson (1902) , C. C. A., 4th Cir., Jackson, J., 113 Fed., 115; 7 A. B.R., 641; affirming in re Anderson (1900), Dist. S. C., Brawley, J., 103 Fed., 854; 4 A. B. R. 640 Petition for exemptions reasonable so long as the estate remains in such a condition that exemptions can be allowed. In re White (1900), Dist. Vt., Wheeler, J., 103 Fed., 774; 4 A. B. R., 613; 3 N. B. N., 270. An order setting apart homestead exemptions may be vacated during the term at which entered. In re Mayer (1901) , C. C. A., 7th Cir., Woods, J., 108 Fed., 599; 6 A. B. R., 117; 3 N. B. N., 592. (12) [Discharge bankrupts..] Discharge or refuse to dis- charge bankrupts and set aside discharges and reinstate the cases ; As to discharges, see Sections 14, 15 and 16, post, and notes. See also Gen. Order XII, XXXI and Forms 57, 58 and 59. As to debts not affected by discharge, see Sec. 17 post and notes. (13) [Enforce orders.] Enforce obedience by bank- rupts, officers, and other persons to all lawful orders, by fine or imprisonment or fine and imprisonment ; As to imprisonment for contempts before referees, see Sec. 41 post and notes. Officers defined, Sec. 1 (18) and notes. Persons defined, Sec. 1 (19) and notes. Bankrupt committed for failure to pay trustee fifteen hundred dollars which the court found he had concealed. In re McCormick (1899), S. Dist. N. Y., Brown, J., 97 Fed., 566; 3 A. B. R., 340; 2 N. B. N., 204. Before commitment for contempt for disobedience to the orders of the court wilful disobedience should be proved beyond a reasonable doubt. In re McCormick (1899), S. Dist. N. Y., Brown, J., 97 Fed., 566; 3 A. B. R., 340; 2 N. B. N., 204. 26 COURTS OF BANKRUPTCY. JURISDICTION. [2. (13) In proceedings for contempt for failure to pay over money to the trus- tee there should be an order to show cause and an application for hearing. Bankrupt may be attached for failure to obey order to pay over. It must appear that he has the money at the time he is ordered to turn it over. In re Rosser (1900). C. C. A., 8th Cir., Sanborn, J., 101 Fed., 562; 4 A. B. R., 153. Imprisonment for contempt for failure to turn over money to a trust- ee approved in re Schlesinger (1900), C. C. A., 8th Cir., Shipman, J., 102 Fed., 117; 4 A. B. R., 361; 2 N. B. N., 169. Ripon Knitting Works \.Schreiber (1900), Dist. of Washington, Hand- ford, J., 101 Fed., 810; 4 A. B. R., 299; 2 N B. N., 545. No absolute order committing for contempt should issue before the order to show cause. In re Rosser (1900), C. C. A., 8th Cir., Sandborn, J., 101 Fed., 562; 4 A. B. R., 153. In re Schlesinger (1899), S. Dist. N. Y., Brown, J., 97 Fed., 930; 3 A. B. R., 342; 2 N. B. N., 169. Contempt proceedings enforcible against bankrupt for failure to turn over goods found to be under his control by the referee. Proof, however, should be convincing to justify the summary process. In re Mayer (1900) , E. Dist. Wis., Seaman, J., 97 Fed., 328; 3 A. B. R., 533; 2 N. B. N., 257. Injunction contempt for violating where only verbal notice of its issuance is given. In re Krinsky Bros. (1902), S. Dist. N. Y., AJams, J., 112 Fed., 972; 7 A. B. R., 535. Bankrupt committed to jail for failure to surrender assets. In re Wilson (1902), W. Dist. Ark., Rogers, J., 116 Fed., 419; 8 A. B. R., 612. Bankrupt's ability to perform order must clearly appear. Boyd v. Glucklich (1902), C. C. A., 8th Cir., 116 Fed., 131; 8 A. B. R., 393. Power of committment should be cautiously exercised. In re Gottardi et al. (1902), S. D. Cal., Wellborn, J., 114 Fed., 328. Referee has power in first instance to make summary order for sur- render of property district court power under the bankruptcy act and under general equity powers to commit the guilty party to jail. Mueller v. Nugent (1902), U. S. Sup. Court, Fuller, J., 184 U. S., 18; 7 A. B. R., 224 Debtor must be discharged when it appears that he cannot surrender concealed property. In re Taylor (1901), Dist. Colo., Hallett, J., 114 Fed., 607; 7 A. B. R., 410. Assignee of bankrupt fined for contempt. In re Krinsky (1902), S. Dist. N. Y., 112 Fed., 972; 7 A. B. R., 535. 2. (15)] COURTS OF BANKRUPTCY. JURISDICTION. 27 (14) [Extradite bankrupts.] Extradite bankrupts from their respective districts to other districts; As to extradition of bankrupts, see Sec. 10 ante. As to removal of accused from one district to another, see Sec. 1,014 R. S. U. S. This is the same power defined more specifically in Sec. 10. In re Ketchum (1901), C. C. A., 6th Cir., Clark, J., 5 A. B. R., 532; 3 N. B. N., 769. (15) [Make orders.] Make such orders, issue such pro- cess, and enter such judgments in addition to those specific- ally provided for as may be necessary for the enforcement of the provisions of this Act ; For rules, forms and orders, see Sec. 30 and notes. For discussion of jurisdiction see Sec. 23 and notes. As to enforcement of orders, see Sec. 2 (13) and notes and Sec. 41. As to jurisdiction of referees, see Sec. 38a (4). This section is sufficient to authorize holding bankrupt by writ of ne exeat where section 9 (b) is insufficient. In re Lipke (1900) , S. Dist. N. Y., Brown, J., 98 Fed., 970; 3 A. B. R., 569; 2 N. B. N., 347. A court of bankruptcy has power to adjudicate the validity of a transfer of accounts and compel the surrender by the fraudulent assignee thereof. In re Kerski (1899), E. Dist. Wis., Forward, R.; 2 A. B. R., 79; 1 N. B. N., 328. Bankruptcy Court has general equity powers to enforce orders. Muel- ler v. Nugent (1902), U. S. Sup. Court, Fuller, J., 184 U. S., 18; 7 A. B. R., 224. In re Wilson (1902), W. Dist. Ark., Rogers, J., 116 Fed., 419; 8 A. B. R., 612; In Gottardi et al. (1902), S. Dist. Cal., Wellborn, J., 114 Fed., 328; In re Miller (1900), Nor. Dist. la., Shiras, J., 105 Fed., 57; 5 A. B. R., 184; 3 N. B. N., 329. Fisher v. Cushman (1900), C. C. A., 1st Cir., Putnam, J., 103 Fed., 860; 4 A. B. R., 646. In re Diack (1900), S. Dist. N. Y., Brown, J., 100 Fed., 770. Power may be exercised by the referee in the first instance subject to review by the judge. Mueller v. Nugent (1902), U. S. Sup. Ct., Fuller, J., 184 U. S. 18; 7 A. B. R., 224; In re Miller (1900), N. Dist. la., Shiras, J., 105 Fed., 57; 5 A. B. R., 184; 3 N. B. N., 329. In re Deuell (1900), W. Dist. Mo., Philips, J., 100 Fed., 633; 4 A. B. R., 60. In re Mayer (1900), E. Dist. Wis., Seaman, J., 98 Fed., 839; 3 A. B. R., 533. In reMcCormick (1899), S. Dist. N. Y., Brown, J., 97 Fed., 566. In re Purvine (1899), C. C. A., 5th Cir., Newman, J., 96 Fed., 192; 1 N. B. N., 326. In re Tudor (1899), Dist. Colo., Hallett, J., 96 Fed., 912; 1 N. B. N., 476; same case 28 COURTS OF BANKRUPTCY. JURISDICTION. [2. (15) (1900), 100 Fed., 796; 2 A. B. R., 808; In re Oliver (1899), N. Dist. Cal., De Haven, J., 96 Fed., 85; 2 A. B. R., 783; 1 N. B. N., 329. In re Coffman (1899), N. Dist. Tex., Meek, J., 93 Fed., 422; 1 N. B. N., 326. In re Sapiro (1899), E. Dist. Wis., Seaman, J., 92 Fed., 340; 1 A. B. R., 296; 1 N. B. N., 136. Filing of petition is in effect an attachment and injunction. In re Krimsky (1902), S. Dist. N. Y., Adams, J., 112 Fed., 972; 7 A. B. R., 535; In reArnett (1901), W. Dist Tenn, Hammond, J., 112 Fed., 770;7 A. B. R., 522. Order issued before trustee appointed, restraining removal of fixtures from bankrupts' premises. In re Smith (1902), Nor. Dist. Ga., Newman, J., 113 Fed., 993; 8 A. B. R., 55. Bankruptcy Court may enjoin assignee under State law from parting with assigned property. Rinnsey, etc., v. Novelty, etc., Mfg. Co. (1899), E. Dist. Mo., Adams, J., 99 Fed., 699; 3 A. B. R., 704; 2 N. B. N., 128; In re Gutwillig (1899), C. C. A., 2nd Cir., Wallace, J., 92 Fed., 337; 1 A. B. R., 388; 1 N. B. N., 554. In re Lea v. George M. West Co. (1899), E. Dist. Va., Waddill, J., 91 Fed., 237; 1 A. B. R., 261; 1 N. B. N., 79. Leidigh Carriage Co. v. Stengil (1899), C. C. A., 6th Cir., Taft, J., 95 Fed., 637; 2 A. B. R., 383; 1 N. B. N., 296. Bankruptcy Court has power to order assessment of stockholders for unpaid subscription to capital stock. In re Miller Electric Maintenance Co. (1901), W. Dist., Pa., Buffington, 111 Fed., 515; 6 A. B. R., 701. Section 2a gives full jurisdiction for examination, even though District Court under Section 25e might not entertain the suit. In re Cliffe (1899) , E. Dist. Pa., McPherson, J., 97 Fed., 540; 3 A. B. R., 257; 1 N. B. N., 509. Examination may be had of a trustee under state court proceedings appointed more than four months prior to bankruptcy touching his doings. In re Purcell (1902), Dist. Conn., Townsend, J., 114 Fed., 371; 8 A. B. R., 96. Bankrupt ordered to pay over money held by him to the trustee. In re Schlesinger (1899), S. Dist. N. Y., Brown, J., 97 Fed., 930; 3 A. B. R., 342; 2 N. B. N., 169. Bankrupt ordered to pay over money in his possession to trustee no deductions made for money spent in a debauch. In re Tudor (1899), Dist. Colo., Hallett, J., 100 Fed., 796; 2 A. B. R., 808; 1 N. B. N., 476. In re Henschel (1901), S. Dist. N. Y., Wise, R.; 7 A. B. R., 207. In re Shera (1902), S. Dist. N. Y., Adams, J., 114 Fed., 207; 7 A. B. R 552. Orders may be vacated at any time without regard to terms, unless rights have vested thereunder. In re Ives (1902), C. C. A., 6th Cir., Wanty, J., 113 Fed., 911; 7 A. B. R., 692. 2. (18)] COURTS OF BANKRUPTCY. JURISDICTION. 29 Order should be based on motion or petition for precise purpose. In re Lemon, , etc., Co. (1901), C. C. A., 5th Cir., Day, J., 112 Fed., 296; 7 A. B. R., 291. Bankruptcy Court of New York ordered trust company of Philadel- phia to pay money held for the bankrupt, but attached by a creditor to the receiver in bankruptcy and fined the company for contempt for non- compliance. The Pennsylvania District Court entered ancillary order enforcing the payment. In re Peiser (1902), E. Dist. Pa., McPherson, J., 115 Fed., 199; 7 A. B. R., 690. (16) [Punish contempts before referees.] Punish persons for contempts committed before referees ; As to procedure in contempt proceedings, see Sec. 41, post, and notes. Bankrupt's exemption from arrest does not extend to arrest for contempt. Sec. 9a. (17) [Appoint and remove trustees.] Pursuant to the recommendation of creditors, or when they neglect to rec- ommend the appointment of trustees, appoint trustees, and upon complaints of creditors, remove trustees for cause upon hearings and after notices to them ; As to appointment of trustee, see Sec. 44, post. As to qualification and duties of trustee, see Sec. 45 and notes. As to Removal of Trustee, see Sec. 46. Judge must approve appointment of trustee and he only can remove. Gen. Order XIII. No official or general trustee to be appointed. Gen. Ord. XIV. As to when court may order appointment of trustee, see Gen. Ord. XV. As to Notice of appointment, see Gen. Ord. XVI. Forms No. 22-24, notice of appointment. Trustees not appointed in certain cases. Gen. Ord. XV. Order that no trustee be ap- pointed. Form No. 27. (18) [Tax costs.] Tax costs, whenever they are allowed by law, and render judgments therefor against the unsuc- cessful party, or the successful party for cause, or in part against each of the parties, and against estates, in pro- ceedings in bankruptcy ; and, As to costs of preserving' estate and administration, see Sec. 64b. As to costs against creditor when involuntary petition is dismissed, Sec. 3e. Attorney's fee taxable as part of costs of administration, Sec. 64b (3). Costs may be proved as a claim against estate, Sec. 63a (3) . As to cost, in contested cases, see Gen. Order XXXIV. 30 COURTS OF BANKRUPTCY. JURISDICTION. [ 2. (19) Referee's jurisdiction as tQ taxation of costs discussed and upheld In re Scott (1902), Dist. Mass., Olmstead, R., 7 A. B. R., 710. Costs of storing personal property sustained by a creditor while hold- ing the property subject to a lien which is dissolved by an adjudication in bankruptcy not taxable against the estate, but provable as a claim. In re Allen (1899), N. Dist. Cal., De Haven, J., 96 Fed., 512. When intervening creditor unsuccessful and property levied on is sur- rendered and sold the costs of caring for it in the interim will not be taxed against the creditor, though all the witness fees may be so taxed. In re Caroline Cooperage Co. (1899), E. Dist. N. C., Purnell, J., 96 Fed., 604; 1 N. B. N., 534. Reference to a referee on questions arising from opposition to dis- charge is in effect to a special master and costs for the services as such may be taxed in favor of referee as special master. Fellows v. Freuden- thal (1900) ; C. C. A., 7th Cir., Seaman, J., 102 Fed., 731; 4 A. B. R., 490; 3 N. B. N., 97. (19) [Transfer cases.] Transfer cases to other .courts of bankruptcy. Judge may for cause at any time transfer cases from one referee to an- other, Sec. 22 (b). As to petitions in different districts, see Gen. Ord. VI. Where cases transferred compensation of referees is apportioned, Sec. 40b. and notes. [Unspecified powers.] Nothing in this section contained shall be construed to deprive a court of bankruptcy of any power it would possess were certain specific powers not herein enumerated. See ante Sec. 2 (15). Bankruptcy Court may order reference to special master as in ordinary equity practice. Fellows v. Freudenthal (1900) , C. C. A., 7th Cir., Seaman, J., 102 Fed., 731; 4 A. B. R., 490; 3 N. B. N., 97. CHAPTER III. BANKRUPTS. SEC. 3. ACTS OF BANKRUPTCY. a. (1) Conveyances to defraud. (2) Preferences through transfers. (3) Preferences through legal pro- ceedings. (4) Made general assignment. (5) Admitted inability to pay. b. Petition must be filed within four months. c. Defense of solvency burden of proof. d. Person denying insolvency. e. Petitioner to give bond. Al- lowance of costs and damages. SEC. 4. WHO MAY BECOME BANK- RUPTS. a. Voluntary bankrupt. b. Involuntary bankrupts. SEC. 5. PARTNERS. a. Partnership may be adjudged bankrupt. 6. Administration of partnership estate. c. Jurisdiction over one partner .sufficient. d . Trustee keep separate accounts of partnership and individual property e. Apportionment of expenses. f. Payment of debts disposi- tion of surplus. g. Partnership claims against in- dividual estate. h. Where all partners are not bankrupt. SEC. 6. EXEMPTIONS OF BANK- RUPTS. a. Exemptions allowed. SEC. 7. DUTIES OF BANKRUPT. (1) Attend meetings of creditors. (2) Comply with orders. (3) Examine proofs of claims. (4) Execute papers. (5) Transfer property to trustee. (6) Give trustee information. (7) Inform trustee of false claim. (8) File schedules. (9) Attend meetings of creditors and submit to examination. SEC. 8. DEATH OR INSANITY OF BANKRUPT. c. Proceedings not to abate. 31 SEC. 9. PROTECTION AND DETEN- TION OF BANKRUPTS. a. Bankrupt exempt from arrest. (1) Not exempt for con- tempt. (2) Where discharge not re- lease. c. Detention of bankrupt for examination. SEC. 10. EXTRADITION OF BANK- RUPTS. SEC. 11. SUITS BY AND AGAINST BANKRUPTS. a. Stay until adjudication. b. Appearance of trustee. c. Trustee may prosecute. d. Suits against estate within two years. SEC. 12. COMPOSITIONS WHEN CONFIRMED. a When composition may be offered. b. Application for confirmation. c. Date for hearing. d. Conditions of confirmance. (1) Best interests of credi- tors. (2) Bankrupt entitled to dis- charge. (3) Must not be collusion. e. Distribution of assets. SEC. 13. COMPOSITIONS WHEN SET ASIDE. a. May be set aside .""when. SEC. 14. DISCHARGES, WHEN GRANTED. a. Application for discharge. 6. Hearing of application. (1) Committing an offense bars discharge. (2) Destroying books bars discharge. c. Confirmation of composition discharges from debts. SEC. 15. DISCHARGES, WHEN RE- VOKED. SEC. 16. CO-DEBTORS OF BANK- RUPTS. SEC. 17. DEBTS NOT AFFECTED BY DISCHARGE. (1) Taxes. (2) Judgment for frauds, etc. (3) Claims not scheduled. (4) Created by fraud. 32 ACTS OF BANKRUPTCY. [ 3 a SECTION 3. BANKRUPTS. (3) [Acts of bankruptcy.] a Acts of bankruptcy by a person shall consist of his having As to acts of bankruptcy under Act of 1867, see Sec. 39 of that act post, Sec. 1 of Act of 1841, post, also Sec. 1 of Act of 1800. Insolvency is not a feature of the acts of bankruptcy. In re West C. C. A., 2nd Cir., Shipman, J., 108 Fed., 940; 5 A. B. R., 734. (1) [Conveyances to defraud.] Conveyed, transferred, con- cealed, or removed, or permitted to be concealed or removed, any part of hig property with intent to hinder, delay, or defraud his creditors, or any of them ; or See post (2) (3) and (4) with notes. For definition of "transferred" see ante Sec. 1 (25) ; of "concealed" see Sec. 1 (22) ante. Flight of bankrupt with property is both a concealment and a removal of property with intent to defraud creditors and is an act of bankruptcy. In re Filer (1900), S Dist. N. Y., Brown, J., 108 Fed., 209; 5 A. B. R., 332. This is the same as fraudulent transfer at common law. Githens v. Shiffler (1902), Middle Dist. Penn., Archbald, J., 112 Fed., 505; 7 A. B. R., 453. Intention to prefer not same as intention to defraud. Githens v. Shiffler (1902) , Middle Dist. Penn., Archbald, J., 112 Fed., 505; 7A B. R., 453. Debtor who absconds with property guilty of intent to defraud. In re Filer (1900), S Dist. N.Y ., 108 Fed., 209; 5 A. B. R., 332. Voluntary transfer to a trustee without preference an act of bank- ruptcy under this clause. Runisey, etc., Co. v. Novelty Mfg. Co. (1899), E. Dist. Mo., Adams, J., 99 Fed., 699; 3 A. B. R., 704. Failure of partner to oppose application for receiver does not render them chargeable under this section. Vaccaro v. Security Bank (1900), C. C. A., 6th Cir., Lurton, J., 103 Fed., 436; 4 A. B. R., 474; 2 N. B. N. 1,037. Consent to receivership without preference is an act of bankruptcy. Davis v. Stevens (1900), Dist. S. Da., Carland, J., 104 Fed., 235; 4 A.B R., 763; 3 N. B. N., 131. Allowing receiver to be appointed in State court not act of bankruptcy. In re Baker- Ricketson (1900), Dist. Mass., Lowell, J., 97 Fed., 489; 4 A. B. R., 605; 2 N. B. N., 133. 3 a. (2)] ACTS OF BANKRUPTCY. 33 Chattel mortgage more than a year old does not bring one giving it under this section. Asbury Park Bldg., etc., v. Shepherd (1901), Sup. Ct. N. J., 50 Atl., 65. Transfer by an insane person not an act of bankruptcy. In re Funk (1900), N. Dist. Iowa, Shiras, J., 101 Fed., 244. Petitioning creditors need not prove insolvency under this clause. In re West (1901), C. C. A., 2nd Cir., Shipman, J., 108 Fed., 940; 5 A. B. R., 734. Petition need not allege details of concealment. In re Bellah, Dist. Del., Bradford, J. (1902), 116 Fed., 69; 8 A. B. R., 310. Corporation applying for receiver more than four months before bankruptcy not under this clause. In re Harper & Bro (1900), S D. N. Y., Brown, J., 100 Fed., 266; 2 N. B. N., 605. Withdrawal of money by partner from insolvent firm not an act of bankruptcy. In re Shapiro (1901), S. Dist. N. Y., Brown, J., 106 Fed., 495; 5 A. B. R., 839. (2) [Preference by transfer.] Transferred, while insol- vent, any portion of his property to one or more of his cred- itors with intent to prefer such creditors over his other creditors; or Transfer more than four months old by a corporation not act of bank- ruptcy under this section. Citizen's Bank v. W. C. De Pauw Co. (1901) C. C. A., 7th Cir., Grosscup, J., 105 Fed., 926; 5 A. B. R., 345. When transfer of property a preference, Sec. 60a post. Trustee may recover property transferred when transfer a preference, Sec. 60 d. post. As to when a person is insolvent, see ante Sec. 1, sub. (15), and notes. See also ante Sec. 1, Sub. (22). "Transfer" defined, Sec. 1 (25) ante, and notes. Trustee takes title to property transferred, Sec. 70a (5). Transfer by insolvent to secure a creditor either directly or indirectly constitutes an act of bankruptcy. Goldman, Beckman & Co. v. Smith (1899) , Dist. of Ky., Barr, J., 93 Fed., 182; 1 A. B. R., 266; 1 N. B. N., 160. Burden of proving insolvency not on the creditors under this section, but burden on bankrupt to prove solvency. In re West (1901) ; C. C. A., 2nd Cir., Shipman, J., 108 Fed., 940; 5 A. B. R., 734. Conveyance of personal property by an insolvent to a creditor to pay a debt is an act of bankruptcy. Johnson v. Wold (1899), C. C. A., 5th Cir., Shelb/, Judge, 93 Fed., 640; 2 A. B. R., 84; 1 N. B. N., 325. 34 ACTS OF BANKRUPTCY. [3a. (2) The insolvency must be found to be as of the date of the act of bank ruptcy. In re Rome Planing Mill (1899), N. Dist. N. Y., Coxe, J,, 96 Fed., 812; 3 A. B. R., 123; 2 N. B. N., 531. Transfer may consist of sale of assets and payment of certain creditors therewith. Boyd v. Lemon Gale Co. (1902), C. C. A., 5th Cir., Pardee, J., 114 Fed., 647; 8 A. B. R., 81. Transferring property to a creditor on which the creditor pays a sum as balance in favor of transferror, is a fraudulent preference and an act of bankruptcy. Intent to make a preference will be presumed. John- son v. Wold (1899), C. C. A., 5th Cir., Shelby J., 93 Fed., 640; 2 A. B. R., 84; 1 N. B. N., 325. Conveying property and paying off part of the creditors comes under this clause. In re Mingo Valley Creamery Assn. (1900), E. Dist. Pa., McPherson, J., 100 Fed., 282; 4 A. B. R., 67; 2 N. B. N., 679. A person is insolvent when the aggregate of his property exclusive of that conveyed in fraud of creditors, is insufficient at a fair valuation to pay his debts. In re Rome Planing Mill Co. (1899), N. Dist. N. Y., Coxe, J., 99 Fed., 937; 3 A. B. R., 123. Transfer is within the meaning of the law no matter how devious the transaction if creditor acquires from the debtor what ought to be dis- tributed under Bankruptcy Act among all the creditors. Stern v. Louis- ville Trust Co. (1901) ; C. C. A., 6th Cir., Severens, J., 112 Fed., 501 ; 7 A. B. R., 305. In re McGee (1901), N. Dist. of N. Y., Coxe, J., 105 Fed., 895; 5 A. B. R., 262. In re Lange (1899), N. Dist. of la., Shiras, J., 97 Fed., 197; 1 A. B. R., 189; 1 N. B. N., 60. Goldman, Beckman & Co. v Smith (1899), Dist. of Ky., Barr, J., 93 Fed., 182; 1 A. B. R., 266; 1 N. B. N., 160. Mather v. Goe (1899), N. Dist Ohio, Ricks, J., 92 Fed., 333 1. A. B. R., 504; 1 N. B. N., 554. Swarts v. St. Louis Fourth National Bank (1902); C. C. A., 8th Cir., 117 Fed., 1; 8 A. B. R., 673. Transfers not held acts of bankruptcy. Union etc. Mfg. Co. (1902). C. C. A., 7th Cir., Jenkins, J., 112 Fed., 774; 7 A. B. R., 472. Rumsey etc; Co. v. Novelty etc. Mfg. Co. (1899), E. Dist. Mo., Adams, J., 99 Fed., 699, 3 A. B. R., 704. ' Sabin v. Camp (1900), Dist. Ore., Billinger, J., 98 Fed., 974; 3 A. B. R.,578;2N. B. N., 375. In re Little River Lumber Co. (1899) W. Dist. Ark., Rogers, J., 92 Fed., 585; 1 A. B. R., 483; 1 N. B. N, 306. An insolvent giving a mortgage to secure a preexisting indebtedness commits act of bankruptcy. In re Ed. Wright Lumber Co. (1902), W. Dist. Ark., Rogers, J., 114 Fed., 1,011. Where there is no other creditor with provable claim transfer is not an act of bankruptcy. Beers v. Hanlin (1900), Dist. Ore., Bellinger, J., 9.9 Fed. 695; 3 A. B. R., 745; 3 N. B. N., 749. 3 a. (2)] ACTS OF BANKRUPTCY. 35 Conveyance to father-in-law held a transfer. In re Grant (1901) , S. Dist. N. Y., Brown, J., 106 Fed., 496; 5 A. B. R., 837. Transfer of partnership property not act of bankruptcy where indi- vidual estate sufficient to satisfy debts. Vaccaro v. Security Bank (1900) ; C. C. A., 6th Cir., Lurton, J., 103 Fed., 436; 4 A. B. R., 474; 2 N. B. N., 1,037. Petitioning creditors must prove insolvency, transfer and intent. In re Rome Planing Mill Co. (1899), N. Dist. N. Y., Coxe, J., 96 Fed., 812; 3 A. B. R., 123; 2 N. B. N., 531. Intent to prefer must appear. In re Gilbert (1902) , Dist. Ore., Bellin- ger, J., 112 Fed., 951; 8 A. B. R., 101. Test of preference is one member of a class of creditors receiving more than another. Swarts v. St. Louis Fourth Nat. Bank (1902), C. C. A., 8th Cir., Sanborn, J., 117 Fed., 1; 8 A. B. R., 673. Transfer of large part of property conclusive evidence of intent. In re McGee (1901), N. Dist. N. Y., Coxe, J., 105 Fed., 895; 3 N. B. N., 224. Full payment by insolvent firm to several creditors, leaving others unpaid, sufficient proof. Boyd v. Lenion etc. Co. (1902), C. C. A., 5th Cir., Pardee, J., 114 Fed., 647; 8 A. B. R., 81. Amount of transfer affects presumption. In re Gilbert (1902), Dist Ore., Bellinger, J., 112 Fed., 951; 8 A. B. R., 101. The intent is entirely that of the debtor. In re Rome Planing Mill Co. (1899), N. Dist. N. Y., Coxe, J., 96 Fed., 812; 3 A. B. R., 123; 2 N. B. N., 531. Payment by an insolvent debtor operating as a preference is prima facie evidence that a preference was intended In re Bloch (1901), C. C. A., 2nd Cir., Shipman, J., 109 Fed., 790; 6 A. B. R., 300; 3 N. B. N., 894. Transfer while insolvent presumes preference. In re Schmechel Cloak etc. Co. (1900), W. Dist. Mo., Philips, J., 104 Fed., 64; 4 A. B. R., 719; 3 N. B. N., 110. Johnsonv. Wald (1899), C. C. A., 5th Cir., 93 Fed., 640; 2 A. B. R., 84; 1 N. B. N., 325. Debtor is presumed to know his financial condition. In re Gilbert; (1902), Dist. Ore., Be llinger, J., 112 Fed., 951; 8 A. B. R., 101. (3) [Preference through legal proceedings.] Suffered or permitted, while insolvent, any creditor to obtain a prefer- ence through legal proceedings, and not having at least five days before a sale or final disposition of any property 36 ACTS OF BANKRUPTCY. [3a. (3) affected by such preference vacated or discharged such preference ; or As to meaning of "insolvent" see ante Sec. 1, Sub. (15) and notes. Preference defined Sec. 60 post, and notes. Confession of judgment on note made prior to the passage of the Bankruptcy Act not an act of bankruptcy. In re Nelson (1899), W. Dist. Wis., Bunn, J., 98 Fed., 76; 1 A. B. R., 63; 1 N. B. N., 301. The intent of the bankrupt is not an element fact of judgment and execution sufficient to warrant proceedings. In re Reichman (1899), E. Dist. Mo., Adams, J., 91 Fed., 624; 1 A. B. R., 17; 1 N. B. N., 556. In re Meyers (1899), N. Dist. N. Y., Hotchkiss, R.; 1 A. B. R., 1; 1 N. B. N., 293. Partnership commencing proceedings for appointment of receiver and distribution of assets under a State insolvency law guilty of an act of bankruptcy. Mather v. Coe (1899), N. Dist. Ohio, Ricks, J., 92 Fed., 333; 1 A. B. R., 504; 1 N. B. N., 554. Failure to pay matured judgment" notes, on which judgments were taken and levy made, is an act of bankruptcy. In re Thomas (1900), W. Dist. Pa., Buffington, J., 103 Fed., 272; 4 A. B. R., 571; 2 N. ?B. N., 1,021. A corporation suffering execution commits an act of bankruptcy which cannot be avoided by taking voluntary action for a dissolution. In re Storm (1900), . E. Dist. N. Y., Thomas, J., 103 Fed., 618; 4 A. B R., 601. Assignment of part of claim of money due by municipality more than four months before action is not an act of bankruptcy. In re Hanna & Kirk (1901), E. Dist. Pa., McPherson, J., 105 Fed., 587 ;~5 A. B. R., 127; 3 N. B. N., 237. A payment to officer by execution defendant is such a levy as con- stitutes an act of bankruptcy. In re Miller (1900), W. Dist. N. Y., Hazel, J., 105 Fed., 57; 5 A. B. R., 140. A preferred creditor may qualify to file petition by surrendering pref- erence. In re Miller (1900), W. Dist. N. Y., Hazel, J., 105 Fed., 57; 5 A. B. R., 140. A transfer with a preferential intent may be made through a third person and still be an act of bankruptcy. In re McGee (1901), N. Dist. N. Y., Coxe, J., 105 Fed., 895; 5 A. B. R., 262; 3 N. B. N., 224. Where concealment is alleged as an act of bankruptcy, actual conceal- ment must be shown, not merely concealment of the consideration. Citizens Bank v. W. C. DC Pauw Co. (1900), C. C. A., 7th Cir., Grosscup, J., 105 Fed., 926; 5 A. B. R., 345; 3 N. B. N., 244. 3 a. (3)] ACTS OF BANKRUPTCY. 37 Insolvency at time of preferential levy must be shown to sustain ac- tion .to recover from creditor insolvency after the levy and caused by it not adequate. Chicago Title & Trust Co. v. Roeblings Sons (1901), Cir. Ct. N. Dist. of Illinois, Kohlsaat, J., 107 Fed., 71; 5 A. B. R., 368; 3 N. B. N., 354. Act of bankruptcy committed by suffering a judgment and garnish- ment thereon. In re Harper (1900), N. Dist. 111., Kohlsaat, J., 105 Fed., 900; 5 A. B. R., 567. Appearing as parties to a suit in State court and consenting to the ap- pointment of a receiver, which proceeding works a preference is an act of bankruptcy. Such proceedings no bar to proceedings in bankruptcy. In re Kersten & Kersten (1901), E. Dist. Wis., Seaman, J., 110 Fed., 929; 6 A.B. R., 516; 3 N. B. N., 913. Suffering a receiver to be appointed is not an act of bankruptcy. In re Baker, Ricketson Co. (1899), Dist. of Mass., Lowell, J., 97 Fed. 489; 4 A. B. R., 605; 2 N. B. N., 133. Voluntary application for a receiver by a corporation is equivalent to a general assignment and an act of bankruptcy. In re Empire, etc., Co. (1899), N. Dist. N. Y., Hotchkiss, R., 98 Fed., 981; 1 A. B. R., 136; 1 N. B. N., 301. Preferences obtained by application for receivership by members of insolvent firm "suffered or permitted" within this section. In re Ker- sten (1901), E. Dist. Wis., Seaman, J., 110 Fed., 926; 6 A. B. R., 516; 3 N. B. N., 913. The voluntary application by a corporation under the New York stat- ute for a receiver, is equivalent to making a general assignment (full dis- cussion of the purposes of the act) . In re Empire Metallic Bedstead Co. (1899), No. Dist. N. Y.., Hotchkiss, R., 1 A. B. R., 136; 1 N. B. N., 13. (Reversed see post.) Stipulation for the appointment of a receiver in the State Court, in ad- verse proceedings, followed by a transfer of assets is not act of bank- ruptcy if in fact the bankrupt does not know he is insolvent. Expe- diency of considering a transfer of a small part of the estate as an act of bankruptcy doubted. In re Gilbert (1901), Dist. Ore., Bellinger, J., 112 Fed., 951; 8. A. B. R., 101. Act of bankruptcy not committed by voluntary application by cor- poration for receiver in state court this is not equivalent to a general assignment. In re Empire Met. Bedstead Co. (1899), C. C. A., 2nd Cir., Shipman, J., 98 Fed., 981 ; 3 A. B. R., 575; 2 N. B. N., 304. Appointment of receiver of corporation on voluntary application not an act of bankruptcy. In re Harper & Bros. (1900), S. Dist. N. Y., Brown, J., 100 Fed., 266; 3 A. B. R., 804; 2 N. B. N., 605. 38 ACTS OF BANKRUPTCY. [3a. (3) Stipulation for the appointment of a receiver of a firm not an act of bankruptcy. In re Gilbert (1902), Dist. Ore., Bellinger, J., 112 Fed., 951; 8 A. B. R., 101. The petition must allege that preferential payments were made with intent to prefer. In re Ewing (1902), C. C. A., 2nd Cir., 115 Fed., 707; 8 A. B. R., 269. This section does not apply to enforcing a lien of a mortgage given more than five months prior to the filing of the petition. In re Chapman (1900), N. Dist. Ga., Newman, J., 99 Fed., 395; 3 A. B. R., 607. Where a receiver is appointed in the State court of the property of a copartnership, and the operation of the State statute is to give preferences not given by the bankruptcy act, an act of bankruptcy has been com- mitted. Mather v. Coe, Powers & Co. (1899), N. Dist. Ohio, Ricks, J. 92 Fed., 333; 1 A. B. R., 504; 1 N. B. N., 544. The intent of the bankrupt is involved. Act of bankruptcy complete if proceedings are had, or a preference given while solvent, but insolvent when the judgment is secured. In re Moyer, E. Dist. Pa., McPherson, J., 93 Fed., 188; 1 A. B. R., 577; 1 N. B. N., 260. This section does not apply to such levies and liens as have accrued long prior to the passage of the bankruptcy act. In re Ferguson (1899), S. Dist. N. Y., Brown, J., 95 Fed., 429; 2 A. B. R., 586. Time of act of bankruptcy dates from five days anterior to date of sale of property on execution under an attachment commenced long anterior to four months. Parmenter Mfg. Go. v. Stoever (1899), C. C. A., 1st Cir., Putnam, J., 97 Fed., 330; 3 A. B. R., 220; 2 N. B. N., 174. Proceedings to recover property seized by marshal should be by mo- tion or by plenary suit in the discretion of the court. In re Young (1901) , C. C. A., 8th Cir., Ill Fed., 158; 7 A. B. R., 14. Intent of the bankrupt no feature of the act of bankruptcy. The entry of judgment by confession on an old power of attorney is "suffering" and "permitting" within the meaning of the act. Wilson Bros. v. Nelson (1901), U. S. Sup. Court, Gray, J., 183 U. S., 191; 7 A. B. R., 142. Burden of proof of solvency is on the .bankrupt when the allegation shows concealment of money greater than the indebtedness of the bank- rupt. In re Schenkein & Coney (1902), W Dist. N. Y., Hotchkiss, R.,7A. B. R., 162. Actual results of legal proceedings only considered. In re Fergeson (1899), S. Dist. N. Y., Brown, J., 95 Fed., 429; 2 A. B. R., ,586. In re Moyer (1899), E. Dist. Pa., McPherson, J., 93 Fed., 188; 1 A. B. R., 577. In re Reichman (1899), E. Dist. Mo. ( Adams, J., 91 Fed., 624; 1 A. B. R., 17; 1 N. B .N., 556. In re Chapman (1900), N. Dist. Ga., Newman, J., 3 a. (3) ACTS OF BANKRUPTCY. SO 99 Fed., 395; 2 A. B. R., 607; in re Baker-Ricketson (1899), Dist. Mass., Lowell, J., 97 Fed., 489; 2 N. B. N., 133; in re Harper (1900), N. Dist. 111., Kohlsaat, J., 105 Fed., 900; 5 A. B. R., 567. "Legal proceedings" means any proceedings in a court of justice by which the property of the debtor is seized and diverted from his general creditors. In re Rome Planing Mill (1899), N. Dist. N. Y., Coxe, J., 96 Fed., 812; 3 A. B. R., 123; 2 N. B. N., 531. Corporation held to have committed act of bankruptcy within this section. Scheuer v. Smith, etc., Co. (1901), C. C. A., 5th Cir., Pardee, J., 112 Fed., 407; 7 A. B. R., 384. Preferences must have been "suffered or permitted," failure of a debtor to vacate a preference does not constitute an act of bankruptcy under this section. Duncan v. Landis (1901), C. C. A., 3rd Cir., Gray, J., 106 Fed., 839; 5 A. B. R., 649; 3 N. B. N., 673. Actual levy on property not necessary. In re Miller (1900), W. Dist. N. Y., Hazel, J., 104 Fed., 764; 5 A. B. R., 140. Failure to defend actions and allowing executions is an act of bank- ruptcy. In re Cliffe (1899), E. Dist. Pa., McPherson, J., 94 Fed., 354; 2 A. B. R., 317; 1 N. B. N., 509. Creditor need not wait for sale. In re Rome Planing Mill (1899) , N. Dist. N.Y., Coxe, J., 96 Fed., 812; 3 A. B.R., 123; 2 N. B. N., 531. In re Elmira Steel Co. (1901), W. Dist. N. Y., Hazel, J., 109 Fed., 456; 5 A. B. R., 484. Act of bankruptcy in not vacating execution within time. Parmenter Alfg. Co. v. Stoever (1899), C. C. A., 1st Cir., Putnam, J., 97 Fed., 330; 3 A. B. R., 220; 2 N. B. N., 174. Corporation applying for dissolution and permitting judgments guilty of act of bankruptcy. In re Storm (1900), E. Dist. N. Y., Thomas, J., 103 Fed., 618; 4 A. B. R., 601. Execution and levy act of bankruptcy. In re Thomas (1900) , W. Dist. Pa., Buffington, J., 103 Fed., 272; 4 A. B. R., 571; 2 N. B. N., 1,021. Judgment on warrant of attorney an act of bankruptcy. In re Nelson (1899), W. Dist. Wis., Brown, J., 98 Fed., 76; 1 A. B. R., 63; 1 N. B. N., 567. Judgment on irrevocable power of attorney several years old unvacated an act of bankruptcy. Wilson v. Nelson (1901), U. S. Sup. Ct., Gray, J., 183 U. S., 191; 7 A. B. R., 142. There must be voluntary acquiescence on the part of the debtor. Dun- can v. Landis (1901), C. C. A., 3rd Cir., Gray, J., 106 Fed., 839; 5 A. B. R., 649; 3 N. B. N., 673. 40 ACTS OF BANKRUPTCY. [3a. (4) (4) [General Assignment.] Made a general assignment for the benefit of his creditors, * or being insolvent applied for a receiver for his property or because of insolvency a receiver or trustee has been put in charge of his property under the laws of a State, of a Territory, or of the United States.* As amended by act of 1903, Sec. 2 of amendment, see page post. Amendment adds matter between stars. General assignment is an act of bankruptcy and insolvency of the bank- rupt not a feature essential to the adjudication - construction of the remaining parts of Sec. 3 (b) (c) and (d) does not require insolvency to accompany the act of bankruptcy; motive of assignment not to be consid- ered. West Co. v. Lea & Co. (1899), U. S. Sup. Ct., White, J., 174 U. S., 590. 2 A. B. R., 463;1 N. B. N., 409. In re Meyer (1899), C. C. A., 2nd Cir., Wallace, J., 98 Fed., 976; 3 A. B. R., 559. Leidigh Carriage Co. v. Stengel (1899), C. C. A., 6th Cir., Taft, J., 95 Fed., 637; 2 A. B. R., 383; 1 N. B. N., 296. Davis v.Bohle (1899), C. C. A., 8th Cir., 92 Fed., 325; 1 A. B. R., 412; 1 N. B. N., 216. In re Smith (1899), Dist. Ind., Baker, J., 92 Fed., 135; 2 A. B. R., 9. Clark v. American Mfg. Co. (1900) , C. C. A., 4th Cir., Waddell, J ., 101 Fed., 962; 4 A. B. R., 351. Day v. Bick etc. Hardware Co. (1902), C. C. A., 5th Cir., 114 Fed., 834; 8 A. B. R., 175; Bryan v. Bern- heimer (1901), 181 U. S., 188; 5 A. B. R., 623; 3 N. B. N., 482. Green River Deposit Bank v. Craig (1901), W. Dist. Ky., " .ns, J., 110 Fed., 137; 6 A. B. R.,381;3N. B. N., 897. General assignment of majority of directors and stockholders of cor- poration is an act of bankruptcy. Question of fact in involuntary bank- ruptcy referable to a referee. Clark v. Mfg. & Enameling Co. (1900); C. C. A., 4th Cir., Waddell, J., 101 Fed., 962; 4 A. B. R., 351. General assignment an act of bankruptcy. State general assignment law not void but voidable by the act. The New York law not a general insolvency law like that of Mass. A general assignment an act of bank- ruptcy as a fraud .under the bankruptcy act. The assignee is an accom- plice and the title of the property passes to the trustee on his appoint- ment. In re Gutwillig (1898), Brown, J., S. Dist. N. Y., 90 Fed., 475; 1 A. B. R., 78; 1 N. B. N., 40. A general assignment is an act of bankruptcy, although not accom- panied by insolvency. Leidigh, etc., Co. v. Stengel (1899), C. C. A., 6th Cir., opinion by Taft, J., 95 Fed., 637; 2 A. B. R., 383; 1 N. B. N., 387. Creditors who appear in general assignment proceedings to attack preferences are not estopped from filing petition for involuntary bank- ruptcy. Estoppel must be based on some acquiescence and approval. 3 a. (5)] ACTS OF BANKRUPTCY. 41 Leidigh, etc., Co. v. Stengel (1899), C. C. A., 6th Cir., Taft, J., 95 Fed., 637; 2 A. B. R., 383; 1 N. B. N., 296. Assignment under State law held not an act of bankruptcy. See authorities discussing distinction between State insolvency laws and statutes permitting general assignments collected and discussed. Patty- Joiner Co. v. Cummins (1900), Tex. Sup. Ct., Gaines, J., 4 A. B. R., 269; 57 S. W., 566. Executing a deed of trust, which in general effect operates as a general assignment, is an act of bankruptcy. Rumsey Co. v. Novelty Mfg Co. (1899), E. Dist. Mo., Adams, J., 99 Fed., 699; 3 A. B. R., 704; 2 N. B. N., 128. A general insolvency law is suspended by the bankruptcy act and proceedings under it are void, not merely voidable. Law of Illinois governing insolvency proceedings held to be a general insolvency law. In re Curtis (1899), S. Dist. 111., Allen, J., 91 Fed., 737; 1 A. B. R., 440; 1 N. B. N., 163. A general assignment is voidable, not void, and can be avoided only by a subsequent adjudication in bankruptcy. In re Romanow (1899), Dist. Mass., Lowell, J., 92 Fed., 510; 1 A. B. R., 461. Creditors assenting to the general assignment estopped to file petition for involuntary bankruptcy, based on such assignment as an act of bank- ruptcy. In re Romanow (1899), Dist. Mass., Lowell, J., 92 Fed., 510; 1 A. B. R., 461. Where partnership and individual members make an assignment, act of bankruptcy is committed by all of them. Green River Deposit Bank v. Craig (1901), W. Dist. of Ky., Evans, J., 110 Fed., 137; 6 A. B. R., 381; 3 N. B. N., 897. Assignment by all but one member of partnership where other member assents, act of bankruptcy. In re Grant (1901), S. Dist. N. Y., Brown, J., 106 Fed., 496; 5 A. B. R., 837; 3 N. B. N., 425. or (5) [Admitted inability to pay.] Admitted in writing his inability to pay his debts and his willingness to be ad- judged a bankrupt on that ground. See Sec. 4 post, and notes. See notes to (4) ante. Sufficient admission of insolvency shown by letter of bankrupt offer, ing compromise of claims. In re Lange (1899), S. Dist. N. Y., Brown J., 91 Fed., 361; 3 A. B. R., 231; 1 N. B. N., 60. Consent by a corporation is an act of bankruptcy. In re Kelly Dry Goods Co. (1900), E. Dist. Wis., Seaman, J., 102 Fed., 747; 4 A. B. R., 42 ACTS OF BANKRUPTCY. [3b. 528. In re Columbia Real Estate Co. (1900), Dist. of Ind., Baker J., 101 Fed., 965; 4 A. B. R., 411. A corporation whose board of directors adopts a resolution authoriz- ing its president to address letters to its creditors admitting its inability to pay debts, and its willingness to be adjudged a bankrupt, and whose president writes letters to its creditors to that effect, is guilty of an act of bankruptcy. In re Machine & Conveyor Co. (1899), S. Dist. N. Y., Brown, J., 91 Fed., 630; 1 A. B. R., 421; 1 N. B. N., 135. Act of bankruptcy not shown by appointment of receiver of a firm, although with the firm's consent it is not a general assignment in- solvency not shown where one partner's estate sufficient to pay firm debts semble such receivership might be merged in bankruptcy proceed- ings if other acts of bankruptcy were committed by the insolvent. Vac- caro v. Security Bank et al. (1900), C. C. A., 6th Cir., 103 Fed., 436; 4 A. B. R., 474; 2 N. B. N., 1,037. Admission by a corporation not shown by a resolution authorizing an officer to make such admission when the officer makes it in writing after the petition in bankruptcy has been filed. In re Baker- Rickertson Co. (1899), Dist. Mass., Lowell, J., 97 Fed., 489; 4 A. B. R., 605; 2 N. B. N., 133. Query: Can a wife make the admission? In re Peter Paul Book Co. (1900), W. Dist. N. Y., Hazel, J., 104 Fed., 786; 5 A. B. R., 105. Consent by corporation is an act of bankruptcy. In re Kelly Dry Goods Co. (1900), E. Dist. Wis., Seaman, J , 102 Fed., 747; 4 A. B R., 528. Admission by one partner of a firm of insolvency of firm is an act of bankruptcy. In re Kersten & Kersten (1901), E. Dist. Wis., 110 Fed., 929; 6 A. B. R., 516; 3 N. B. N., 913. Admission signed by the president of a corporation by order of board of directors, an act of bankruptcy. In re Mutual Mercantile Agency (1901), S. Dist. N. Y., Adams, J., Ill Fed., 152; 6 A. B. R., 607 Board of directors of a corporation may make the admission. In re Rollins Gold, etc., Min. Co. (1900), S. Dist. N. Y., Brown, J , 102 Fed. 982; 4 A. B. R., 327. The consent of a corporation to be adjudged bankrupt valid. In re Columbia Real Estate Co. (1900), Dist. of Ind., Baker, J., 101 Fed., 965; 4 A. B. R., 411. * b [Petition to be filed within four months.] A petition may be filed against a person who is insolvent and who has committed an act of bankruptcy within four months after 3b.] ACTS OF BANKRUPTCY. 43 the commission of such act. Such time shall not expire until four months after (1) the date of the recording or registering of the transfer or assignment when the act con- sists in having made a transfer of any of his property with intent to hinder, delay, or defraud his creditors or for the purpose of giving a preference as hereinbefore provided, or a general assignment for the benefit of his creditors, if by law such recording' or registering is required or permitted, or, if it is not, from the date when the beneficiary takes notorious, exclusive, or continuous possession of the property unless the petitioning creditors have received actual notice of such transfer or assignment. As to computation of time see Sec. 31a post and notes. "Transfer" denned Sec. 1 (25) ante. As to what are acts of bank- ruptcy, see ante (a). As to procedure in involuntary cases, see Sec. 59 post. For definition of insolvency Sec. 1 (15) ante and notes. Petition denned. Sec. 1 (20) ante. Person denned, Sec. 1 (19) ante. Petition should be verified by creditor, not by attorney unless the at- torney is better informed than the client. Specific facts must be alleged, not general allegations. In re Nelson (1899), W. Dist. Wis., Bunn, J., 98 Fed., 76; 1 A. B. R., 63; 1 N. B. N., 567. In the computation of time, exclude the day when the act of bank- ruptcy was committed 'and include the day when the petition was filed. In re Stevenson (1899), Dist. Del., Bradford, J., 94 Fed., 110; 2 A. B. R., 66; 1 N. B. N., 313. The notoriety of the possession depends on the character of the prop- erty. The statute only requires that there shall be no effort at conceal- ment. In re Woodward (1899), E. Dist. Tex., Dillard, R., 2 A. B. R., 233; 1 N. B. N., 252. Referee's finding as to the insolvency not disturbed, except on strong showing. In re Rome Planing Mills (1900), N. Dist. N. Y., Coxe, J., 96 Fed., 812; 3 A. B. R., 766; 2 N. B. N., 531. Wife as creditor not debarred from proceeding against her husband in bankruptcy. In re Novak (1900), N. Dist. la., Shiras, J., 101 Fed., 800; 4 A. B. R., 311. What constitutes insolvency determined. In re Rome Planing Mill Co. (1900), N. Dist. N. Y., Coxe, J., 99 Fed., 937; 3 A. B. R., 766; 2 N. B. N., 531. 44 ACTS OF BANKRUPTCY. [3c. Creditor of unliquidated claim for damages not entitled to file a peti- tion in involuntary bankruptcy. In re Morales (1901), S. Dist. Fla., Locke, J., 105 Fed., 761; 5 A. B. R., 425; 3 N. B. N., 432. In Illinois an infant may not be adjudged a bankrupt in involuntary- proceedings. In re Eidemiller (1900), N. Dist. 111., Kohlsaat, J., 195 Fed., 595; 5 A. B. R., 570; contra in re Brice (1899), S Dist. la., Woolson, J , 2 A. B. R., 197. Four full months after the act of bankruptcy allowed for filing the petition. In re Planing Mill Co. (1901), W. Dist. N. Y., Hotchkiss, R.; 6 A. B.R., 38; 3 N. B. N., 637. Bankrupt offering to testify to facts waives question of jurisdiction of court. In re Smith (1902), Dist. Conn., Platt, J., 117 Fed., 961; 9 A. B. R., 98. A surety who has not yet paid the debt is not a creditor and cannot file petition in involuntary bankruptcy. Phillips v. Dreher Shoe Co (1902), Middle Dist., Pa., Archbald, J., 112 Fed., 404; 7 A. B. R., 326. Adjudication of insolvency on ground of act of bankruptcy com- mitted while insolvent, is res adjudicata as to the insolvency as to credi- tors. In re American Brewing Co. (1902), C. C. A., 7th Cir., Bunn, J., 112 Fed., 752; 7 A B. R., 463. An assignment more than four months old will not be assailable. In re Carver & Co. (1902), E. Dist. N. C., Purnell, J., 113 Fed., 138; 7 A. B. R., 539. In computing the four months exclude the day on which the act of bankruptcy was committed. In re Dupree (1899), E. Dist. N. C., Pur- nell, J , 97 Fed., 28; 1 N. B. N., 513. In re Stevenson (1899), Dist. Del. Bradford, J., 94 Fed., 110; 2 A. B. R., 66. Preference not within four months. Murray v Beat (1901), Sup. Ct Utah, 65 Pac., 726. In re Lewis (1899), S. Dist. N. Y., Brown, J., 91 Fed., 632; 1 A. B. R., 458; 1 N. B. N., 556. Chattel mortgage an act of bankruptcy (1901), Mo. Ct. App., 88 Mo. App., 335. Four months period applies to duplicate petitions. In re Dupree (1899), E. Dist. N. C., Purnell, J., 97 Fed., 28; 1 N. B. N., 513. c [Defense of solvency.] It shall be a complete de- fense to any proceedings in bankruptcy instituted under the first subdivision of this section to allege and prove that the party proceeded against was not insolvent as denned in this Act at the time of the filing the petition against him, and if 3cd.] ACTS OF BANKRUPTCY. 45 solvency at such state is proved by the alleged bankrupt the proceedings shall be dismissed, and under said subdivision one the burden of proving solvency shall be on the alleged bankrupt. For definition of insolvency, see ante Sec, 1 Sub. (15). For proceed- ing in involuntary .cases, see Sec. 59 post. Alleged bankrupt entitled to costs on dismissal of petition, but no allowance for counsel fees or- damages. In re Morris (1902), E. Dist. Pa., McPherson, J., 115 Fed., 591; 7 A. B. R., 709. Burden of proof of solvency is on the alleged bankrupt where removal and concealment are charged. In re Schenkin (1902), 113 Fed., 421; 7 A. B. R., 162. Corporation solvent in fact does not become insolvent by appoint- ment of receiver complete defense that corporation is solvent even though receiver has been appointed. In re Henry Zeitner Brewing Co. (1902), S. Dist. N. Y., Adams, J., 117 Fed., 799; 9 A. B. R., 63. Solvency of partnership complete defense though partnership in the hands of a receiver. In re Burrell & Co. (1903), S. Dist. N. Y., Adams, J.,9 A. B. R., 178. d [Person denying insolvency.] Whenever a person against whom a petition has been filed as hereinbefore pro- vided under the second and third subdivisions of this section takes issue with and denies the allegation of his insolvency, it shall be his duty to appear in court on the hearing, with his books, papers, and accounts, and submit to an examination, and give testimony as to all matters tending to establish sol- vency or insolvency, and in case of his failure to so attend and submit to examination the burden of proving his sol- vency shall rest upon him. For proceedings in involuntary cases, see Sec. 59, post. For definition of "person against whom petition has been filed", see, ante, Sec. 1, sub. (1). A partner may oppose a petition the same as an involuntary bankrupt. Gen. Order VIII. Burden of proving solvency, when alleged, being on bankrupt on his failure to produce his books, adjudication may be made pro confesso. Bray v. Cobb (1898), E. Dist. N. C., Purnell, J., 91 Fed., 102; 1 A. B. R., 153; 1 N. B. N., 209. 46 ACTS OF BANKRUPTCY. [3e. Bankrupt must submit to cross-examination; and credits must be estimated at actual value. In re Coddington (1902), W. Dist. Pa., Archbald, J., 118 Fed., 281. e [Petitioner to give bond.] Whenever a petition is filed by any person for the purpose of having another adjudged a bankrupt, and an application is made to take charge of and hold the property of the alleged bankrupt, or any part of the same, prior to the adjudication and pending a hearing on the petition, the petitioner or applicant shall file in the same court a bond with at least two good and sufficient sureties who shall reside within the jurisdiction of said court, to be approved by the court or a judge thereof, in such sum as the court shall direct, conditioned for the payment, in case such petition is dismissed, to the respondent, his or her personal representatives, all costs, expenses, and damages occasioned by such seizure, taking, and detention of the property of the alleged bankrupt. As to seizure of bankrupts' property and bond to be given on such seizure, see post. Sec. 69a and notes. For form of bond of petitioning creditor, see Form No. 9, post. [Allowance of costs and damages.] If such petition be dis- missed by the court or withdrawn by the petitioner, the respondent or respondents shall be allowed all costs, counsel fees, expenses, and damages occasioned by such seizure, taking or detention of such property. Counsel fees, costs, expenses, and damages shall be fixed and allowed by the court, and paid by the obligors in such bond. As to costs and contested adjudications, see Gen. Ord. XXXIV. For proceedings in involuntary cases, see Sec. 59, post. Where bond not given no taxation of counsel fees against the petition- ing creditor; ordinary costs provided by Gen. Ord. XXXIV. In re Ghiglione (1899), S. Dist. N. Y., Brown, J., 93 Fed., 186; 1 A. B. R., 580; 1 N. B. N., 351. District Court will tax costs, disbursements and attorney's fees against petitioning creditors in favor of one sought to be made a bankrupt where proceedings are unsuccessful. In re Nixon, (1901) Dist. Mont., Knowles, J., 110 Fed., 633; 6 A. B. R., 693. 4 a.] WHO MAY BECOME BANKRUPTS. 47 SEC. 4. WHO MAY BECOME BANKRUPTS. a [Voluntary bankrupts.] Any person who owes debts, except a corporation, shall be entitled to the benefits of this Act as a voluntary bankrupt. Analogous provisions, act 1841, Sec. 7; act 1867, Sec. 11, post. For definitions of corporations, see Sec. 1, sub. (6), ante. Person in- cludes corporations, officers, partnerships and women, Sec. 1, sub. (19) ante, and notes. See as to persons by whom proceedings may be con- ducted general order IV and notes. "Debts" defined, Sec. 1 (11), ante, and notes. Where by state law an infant is liable for debts, such infant may be adjudged bankrupt. In re Brice (1899), S. Dist. of la., Woolson, J., 93 Fed., 942; 2 A. B. R., 197; 1 N. B. N., 310. The fact that distinction is made between natural and artificial persons and that there is a distinction made between classes of artificial persons, does not render the bankruptcy act unconstitutional. Lehigh Co. v. Stengel (1899), C. C. A., 6th Cir., Taft, J., 95 Fed., 637; 2 A. B. R., 383; 1 N. B. N., 387. Where a voluntary petition is filed subsequent to an involuntary pe- tition and the adjudication on the voluntary petition would injure the estate by securing preferences to creditors, the adjudication should be on the involuntary petition. In re Dwyer (1902), Dist. N. Dak., Ami- don, J., 112 Fed., 777; 7 A. B. R., 532. Infant may not be adjudged bankrupt. A firm of which he is a mem- ber may. In re Duguid (1899), E. Dist. N. C., Purnell, J., 100 Fed., 274; 3 A. B. R., 794; 2 N. B. N., 607. See notes under Sec. 3, clause 6, ante. An infant may be adjudged bankrupt when he owes debts which he may not disaffirm on his majority. In re Penzansky (1902), Dist. Mass., Far- mer, R., 8 A. B. R., 99. Insane person can not be adjudged a bankrupt. In re Funk (1900), N. Dist. la., Shiras, J., 101 Fed., 244; 4 A. B. R., 96. An officer of regular army may be adjudged bankrupt. Audubon v. Shufeldt (1901), 181 U. S., 575; 5 A.. B. R., 829. "Debts" as defined in Sec. 1 (11) must be strictly followed. In re Yates(1902), N. Dist. Col., De Haven, J., 114 Fed., 365; 8A. B.R., 69. There must be an existing provable debt to entitle one to take advan- tage of bankruptcy act. Judgment suspended on appeal not such debt. In re Yates (1902), N. Dist. Cal., De Haven, J., 114 Fed., 365; 8 A. B. R., 69. 48 WHO MAY BECOME BANKRUPTS. [4b. The bankruptcy act is not unconstitutional by reason of provisions for voluntary bankruptcy. Nat. Bank v. Moyses (1902), U. S. Sup. Ct., Chief Justice Fuller, 186 U. S., 181; 8 A. B. R., 1. One not insolvent may be a voluntary bankrupt. Wetmore v. Wet- more (1899), N. Y. Sup. Ct. O'Brien, J., 44 N. Y. App. Div., 220. b [Involuntary bankrupts.] Any natural person, ex- cept a wage earner or a person engaged chiefly in farming or the tillage of the soil, any unincorporated company, and any corporation engaged principally in manufacturing, trad- ing, printing, publishing, *mining*, or mercantile pursuits, owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt upon default or an impartial trial, and shall be subject to the provisions and entitled to the benefits of this Act. Private bankers, but not national banks or banks incorporated under State or Territorial laws, may be adjudged involuntary bank- rupts. *The bankruptcy of a corporation shall not release its officers, directors, or stockholders, as such, from any lia- bility under the laws of a State or Territory or of the United States.* "Person" defined Sec. 1 (19) and notes. "Wage-earner" defined- Sec. 1 (27) and notes. "Corporations" defined Sec. 1 (6) and notes. "Debts" defined Sec. 1 (11) and notes and 63a and notes. Person against whom an involuntary petition has been filed is entitled to jury trial on the question of his solvency Sec. 19 (a) and notes. "Adjudication" de- fined Sec. 1 (2) and notes. For form of involuntary petition, see Form No. 3. As to involuntary petitio ns, see Sec. 59 and notes. An admission by the officers of a corporation of Mass, not sufficient cause for involuntary bankruptcy. Stockholders vote necessary semble a corporation cannot make any such admission as an evasion of the act. In re Bates Machine Co. (1899), Dist. Mass., Lowell, J., 91 Fed., 625; 1 A. B. R., 129; I. N. B. N., 135. A fire insurance company may not be adjudged a bankrupt. In re Cameron", etc., Co. (1899), W. Dist. Mo., Phillips, J., 96 Fed., 756; 2 A. B. R., 372; 1 N. B. N., 383. The amount of one thousand dollars indebtedness necessary to give jurisdiction in involuntary bankruptcy may be estimated, when neces- sary, by including among the creditors, one who has received a preference 4b.] WHO MAY BECOME BANKRUPTS. 49 voidable by Sections 60 (a) and (b). In re Cain (1899), N. Dist., 111., Eastman, R.; 2 A. B. R., 378; 1 N. B. N., 389. To the same effect, in re Tirre (1899), S. Dist. N. Y., Brown, J., 95 Fed., 425; 2 A. B. R., 493; 1 N. B. N., 402. An incorporated private hospital, conducted for profit, is a mercan- tile company and liable to bankruptcy. In re San Gabriel San. Co. (1900). S. Dist. Cal., Wellborn, J., 95 Fed., 271; 2 A. B. R., 408; 1 N. B. N., 390. Debts preferentially paid are to be counted as existing in estimating the amount of liabilities to confer jurisdiction. In re Norcross (1899), W. Dist. Mo., Hall. R., 1 A. B. R., 644; 1 N. B. N., 528. Company engaged in furnishing water does not come under this classification, and is not subject to be adjudicated bankrupt. In re New York & Westchester Water Co. (1900), S. Dist. N. Y., Brown, J., 98 Fed., 711; 3 A. B. R., 508; 2 N. B. N., 414. A mining company not subject to bankruptcy [amendment of Feb. 5th, 1903, changes this]. In re Elk Park Mining & Milling Co. (1899), Dist. Colo., Hallett, J., 101 Fed., 422 ; 4 A. B. R., 131. Company engaged in theatrical performance not subject to bank- ruptcy. In re Oriental Society (1900), E. Dist. Pa., McPherson, J., 104 Fed., 975; 5 A. B. R., 219 Debtor changing his business to farming within four months cannot escape prosecution of involuntary bankruptcy. In re Luckhardt (1900), Dist. Kan., Hook, J., 101 Fed ., 807; 4 A. B. R., 307. A farmer may not be adjudged a bankrupt on involuntary petition, even on default. In re Taylor (1900), C. C. A., 7th Cir., Bunn, J., 102 Fed. , 728; 4 A. B. R., 515; 2 N. B. N., 92. Coal mining company, though operating a store, is not principally engaged in mercantile pursuits, and is not liable to bankruptcy proceed- ings. [Amendment Feb. 5th, 1903, changes this.] McNamara et al. v. Helena Coal Co. (1900), N. Dist. Ala., Brice, J.; 5 A. B. R., 48. Mining company not subject to proceedings in bankruptcy. In re Woodside Coal Co. (1900), E. Dist. Pa., McPherson, J., 105 Fed., 56; 5 A. B. R., 186; 3 N. B. N., 336. A coal company which buys coal in the ground, mines and markets it, is subject to bankruptcy, its principal business being trading. In re Keystone Coal Co. (1901), W. Dist. Pa., Van Wormer, R.; 5 A. B. R. 389; 3 N. B. N., 344. Reversed In re Keystone Coal Co. (1901), W. Dist. Pa., Buffington, J., 109 Fed., 872; 6 A. B. R., 377; 3 N. B. N., 938. Corporation engaged in smelting ore is a manufacturing corporation. 50 WHO MAY BECOME BANKRUPTS. [4b. In re Tecopa Mining & Smelting Co. (1901), S. Dist. Cal., Wellborn, J., 110 Fed., 120; 6 A. B. R., 250. Facts which tend to show whether an alleged bankrupt is engaged chiefly in farming, in re Mackey (1901), Dist. Del., Bradford, J., 110 Fed., 355; 6 A. B. R., 577. What constitutes being engaged chiefly in farming discussed. In re Drake (1902), Dist. S. C., Brawley, J., 114 Fed., 229; 8 A. B. R., 137. Pleading to merits waives the objection that an involuntary petition does not allege that defendant is not a farmer or wage-earner. Verifica- tion of petition which is defective, may be corrected on motion, juris- diction being acquired by the filing of the petition. Bank v. Craig Brothers (1901), W. Dist. Ky., Evans, J., 110 Fed., 137; 6 A. B. R., 381. A mercantile agency may be adjudged bankrupt. In re Mutual Mer- cantile Agency (1901), S. Dist. N. Y., Adams, J., Ill Fed., 152; 6 A. B. R., 607. A restaurant or hotel not a mercantile or trading business and not subiect to involuntary bankruptcy. In re Chesapeake Oyster & Fish Co., Dist. Colo., Hallett, J., 112 Fed., 960; 7 A. B. R., 173. After an involuntary petition filed and no adjudication, bankrupt may file his voluntary petition and hearing will be held on it. The involun- tary petition may be stayed to protect costs or other rights. In re Stegar (1902), N. Dist. Ala., Jones, J., 113 Fed., 978; 7 A. B. R., 665. An incorporated social club cannot be adjudged bankrupt. In re Fufton Club (1902), N. Dist. Ga., Newman, J., 113 Fed., 997; 7 A. B. R., 870. A corporation cannot for the sake of procuring adjudication in bank- ruptcy, collude with a creditor so that a claim is split up to make the necessary numbers. In re Independent Thread Co. (1902), Dist. N. J., Kirkpatrick, J., 113 Fed., 998; 7 A. B. R., 704. A corporation which never did in fact any trading or mercantile busi- ness cannot be adjudged a bankrupt. It does not matter what it is empowered to do. In re Tontine Surety Co. of New Jersey (1902), Dist. of N. J., Kirkpatrick, J., 116 Led., 401 ; 8 A. B. R., 421. A corporation engaged in the business of carriage by water of passen- gers and goods for hire may not be adjudged a bankrupt. In re Phila- delphia & Lewes Transportation Co. (1902), E. Dist. Pa., McPherson, J., 114 Fed., 403; 7 A. B. R., 707. Petitioners must allege and prove that the alleged bankrupt was en- gaged in one of the enumerated businesses. In re Chicago-Joplin Lead Co. (1900), W. Dist. Mo., Phillips, J., 104 Fed., 67; 4 A. B. R., 712. Must be engaged in enumerated pursuits at the time of filing the pe- tition. In re Minn., etc., Constr. Co. (1900), Sup. Ct. Ariz., 60 Pac., 881- 5 a.] WHO MAY BECOME BANKRUPTS. 51 SEC. 5. a [Partnership may be adjudged bankrupt.] A partner- ship, during the continuation of the partnership business, or after its dissolution and before the final settlement thereof, may be adjudged a bankrupt Analogous provisions act 1841, Sec. 14 post; act of 1867, Sec. post. As to proceedings in partnership cases, see Gen. Order VIII and notes. "Person" used in this act includes corporation, Sec. 1 (19) ante. For form of petition see Form No. 2. See b. c. d. e. f. g. and h., post, and notes. Individual partners can not be discharged without bringing in co- partners. In re Freund (1899), N. Dist. Pa., James, R., 1 A. B. R., 25; 1 N. B. N., 105. So long as any partnership assets or liabilities remain, the same may be adjudicated. In re Levy & Richman (1899), N. Dist. N. Y., Moss, R.; 2 A. B. R., 21; 1 N. B. 287. Where the property of a partner is used to pay the debt of a co-partner, his trustee is subrogated to the rights of the creditor whose debt is so paid. In re Mason & Son (1899), Dist. R. I., Littlefield, R.; 2 A. B. R., 60; 1 N. B. N., 331. In a petition to adjudicate a partnership a bankrupt notice to non- joining partners is essential. In re Altman, N. Dist. N. Y., Coxe, J., (1899) , 96 Fed., 263; 2 A. B. R., 407; 1 N. B. N., 358. Individual petitions are no notice to firm creditors and will not bar firm debts. In re Carmichael (1899), N. Dist. la., Shiras, J., 96 Fed., 594; 2 A. B. R., 815. An act of bankruptcy by a partner for the firm binds the firm; such as an assignment by one partner of the firm's assets. Chemical Nat. Bank v. Meyer, et al., (1899) E. Dist. N. Y., Thomas, J., 92 Fed., 896; 1 A. B. R., 565; 1 N. B. N., 304. An adjudication on the petition of two of four partners that the co- partnership be adjudged a bankrupt as a co-partnership and as individuals is erroneous and should be set aside. Neither the co-partnership nor the individual members are relieved from debts. In re Altman, (1899) N. Dist. N. Y., Hotchkiss, R., 1 A. B. R., 689; 1 N. B. N., 358. Existence of unpaid debts where there are no partnership assets, and the partnership has ceased to exist, not a sufficient ground to adjudge partnership a bankrupt, idem Partnership and individual petitions may be joined and one fee only 52 WHO MAY BECOME BANKRUPTS. [5a ; charged on filing. In re Gay (1899), Dist. N. H., Aldrich, J., 98 Fed., 870; 3 A. B. R., 529. Partnership may be adjudged a bankrupt irrespective of individuals who may be drawn in, if they have committed an act of bankruptcy. In re Meyer (1899), C. C. A., 2nd Cir., Wallace, J., 98 Fed., 976; 3 A. B. R., 559. Petition in involuntary bankruptcy against a co-partnership should show whether all members are insolvent or not. In re Blair, S. Dist. N. Y., Brown, J., 99 Fed., 76; 3 A. B. R., 588; 2 N. B. N., 890. Members of the partnership may not be adjudged bankrupts on in- voluntary petitions. Mahoney et al. v. Ward (1900), E. Dist. N. C., Pur- nell, J., 100 Fed., 278; 3 A. B. R., 770; 2 N. B. N., 538. Individual partner should file schedule both for himself and partner- ship. Notices to creditors should contain the statement showing desire to be released from partnership debts; otherwise such debts not barred. In re Laughlin (1899), N. Dist. la., Shiras, J., 96 Fed., 589; 3 A. B. R., 1. What constitutes a partnership. In re Kenney (1899), S. Dist. N. Y., Brown, J., 97 Fed., 554; 3 A. B. R., 353; 1 N. B. N., 401. Where one partner is dead, bankruptcy court will take jurisdiction of the estate, but not to dispossess the administrator without his consent. In re Pierce & Son (1900), Dist. Wash., Handford, J., 102 Fed., 977; 4 A. B. R., 489; 2 N. B. N., 977. Where it appears that all proceedings are partnership in character, individual discharge not given. In re Hale et al., (1901), E. Dist. N. C., Purnell, J., 107 Fed., 432; 6 A. B. R., 35. In bankruptcy, partners and the individual members are distinct en- tities bankruptcy of one does not necessarily involve them both.L~?/ re Sanderlin (1901), E. Dist. N. C., Purnell, J., 109 Fed., 857; 6 A. B. R., 384. What facts constitute a partnership for purposes of adjudication in bankruptcy. Lott v. Young (1901), C. C. A., 9th Cir., Hawley, J., 109 Fed., 798; 6 A. B. R., 436. Facts insufficient to show partnership. In re Clark (1901) , Dist.] Wash. Handford, J., Ill Fed., 893; 7 A. B. R., 96. Partner may not file petition as a creditor against his copartner. In re Shenkein & Coney (1902), W. Dist. N. Y., Hotchkiss, R., 7 A. B. R., 162. Failure more than eight years before too stale to order all partners to show cause why they should riot be adjudicated in the bankruptcy pro- ceedings of one of them. Royston v. Weis (1902), C. C. A., 5th Cir., 112 Fed., 962; 7 A. B. R., 584. 5 a.] WHO MAY BECOME BANKRUPTS. 53 Bankruptcy of one member of a partnership dissolved does not affect mortgage given by firm, where firm is not adjudicated. McNair v. Mc- Iniyre (1902), C. C. A., 4th Cir., Simonton, J., 113 Fed., 113; 7 A. B. R., 638. Intention of Congress that partnership should be an entity, like a corporation for purposes of the bankruptcy act. In re Meyer (1899), C. C. A., 2nd Cir., Wallace, J., 98 Fed., 976; 3 A. B. R., 559. Firm committing act of bankruptcy may be adjudged bankrupt, though the individual members not guilty of such acts. In re Sanderlin (1901), E. Dist. N. C., Purnell, J., 109 Fed., 857; 6 A. B. R., 384. Partnership petition is a separate proceeding each partner seeking discharge must file separate petition and pay fees accordingly. In re Farley & Co. (1902), W. Dist. Va., McDowell, J., 115 Fed., 359; 8 A. B R., 266. In case of a voluntary petition by a partner a firm creditor may not object to the adjudication on the ground of solvency even if the co- partner does come to object, it is an individual right as to him. Com- parison between acts of 1841, 1867 and 1898. History of Legislation. In reCarleton (1902), Dist. Mass., Lowell, J., 115 Fed., 246; 8 A. B. R., 270. Fact that one copartner is a minor will not prevent the adjudication of the firm if act of bankruptcy has been committed. In re Dunnigan Bros. (1899), Dist. Mass., Lowell, J., 95 Fed., 428; 2 A. B. R., 628. Procedure where partner seeks discharge from individual and firm debts. In re Hartman (1899), N. Dist. la., Shiras, J., 96 Fed., 593; 3 A. B. R.,65. Individuals having been adjudged bankrupts and discharged years afterwards, an amendment will not be entertained to declare a firm debt, where the effect will be to disturb transactions long since closed. In re Mercur (1902), E. Dist. Pa., Archbold, J., 116 Fed., 655; 8 A. B. R., 275. Creditors may petition against members as well as against the firm. idem. Partners may petition for adjudication though there are no assets of the firm. In re Hirsch (1899), W. Dist. Tenn., Hammond, J., 97 Fed., 571; 2 A. B. R., 715. Partnership continues if debts exist though the debts may be out- lawed. In re Levy (1899), N. Dist. N. Y., Coxe, J., 95 Fed., 812; 2 A. B. R., 21. Members of a firm unwilling to join in a petition by part of firm may be adjudged involuntary bankrupts. In re Murray (1899), S. Dist. la., Shiras, J., 96 Fed., 600; 3 A. B. R., 601. Acts of bankruptcy on part of firm discussed. Vaccaro v. Security Bank (1900), C. C. A., 6th Cir.,Lurton, J., 103 Fed., 436; 4 A. B. R., 474. 54 WHO MAY BECOME BANKRUPTS. [5bcd. Separate filing fees for the partner and each member thereof neces- sary. In re Harden (1900), E. Dist. N. C., Purnell, J., 101 Fed., 553; 4 A. B. R., 31. As to partnership exemptions, see notes to Sec. 6a. b [Administration of partnership estate.] The creditors of the partnership shall appoint the trustee; in other re- pects so far as possible the estate shall be administered as herein provided for other estates. As to administration of estates see Chap. VII, post. Creditors of the partnership appoint the trustee in the case of a joint petition; in case of a separate petition the separate creditors have the right to vote. In re Beck (1901), Dist. Mass., Lowell,; J., 110 Fed., 140; 6 A. B. R., 554. One not owner of claim against partnership cannot vote at election of partnership trustee. In re Eagles & Crisp (1900), E. Dist. N. C., Purnell, J., 99 Fed., 695; 3 A. B. R., 733. c [Jurisdiction over one partner sufficient.] The court of bankruptcy which has jurisdiction of one of the partners may have jurisdiction of all the partners and of the adminis- tration of the partnership and individual property. As to jurisdiction to adjudicate bankrupt, see Sec. 2 (1) and notes ante. See for proceedings in partnership cases Gen. Ord. VIII, post. The court acquires jurisdiction of the proceeding on the filing of the petition. If it is filed by all partners the adjudication is made at once; if by less than all, the partner who refuses to join in the petition, may oppose the adjudication as he might if the proceeding was involuntary, and he may make every defense open to a debtor upon such petition. In re Ives (1902), C. C. A., 8th Cir., Wantly, J., 113 Fed., 911; 7 A. B. R., 692. d [Trustee to keep separate accounts.] The trustee shall keep separate accounts of the partnership property and of the property belonging to the individual partners. : As to duties of trustees to prepare accounts, see Sec. 47a and notes; post; also Gen. Ord. XVII. 5ef.] WHO MAY BECOME BANKRUPTS. 55 c [Expenses apportioned.] The expenses shall be paid from the partnership property and the individual property in such proportions as the court shall determine. As to expenses of administration, see Sec. 62a and notes, post. f [Payment of debts surplus.] The net proceeds of the partnership property shall be appropriated to the payment of the partnership debts, and the net proceeds of the in- dividual estate of each partner to the payment of his in- dividual debts. Should any surplus remain of the property of any partner after paying his individual debts, such sur- plus shall be added to the partnership assets and be applied to the payment of the partnership debts. Should any sur- plus of the partnership property remain after paying the partnership debts, such surplus shall be added to the assets of the individual partners in the proportion of their re- spective interests in the partnership. Proceedings in partnership cases outlined. Gen. Ord. VIII. post See a. b. c. d. e. g. and h under this section and notes thereunder. Individual creditors shall be paid first out of individual assets and partnership creditors paid next out of individual assets the converse follows in partnership assets. In re Wilcox (1899), Dist. Mass., Lowell, J., 94 Fed., 84; 2 A. B. R., 117; 1 N. B. N., 494. A solvent partner is a creditor of the insolvent members. In re Ste- vens (1900), Dist. Vt., Wheeler, J., 104 Fed., 325; 5 A. B. R., 9. Partnership note endorsed by individual member remains a partnership liability and not a claim against the individual. Lamoille, etc. Bank v. Stevens Est., (1901), Wheeler, J., 107 Fed., 245; 6 A. B. R., 164. While a corporation was a de facto partner in a bankrupt firm and es- topped to claim money advanced under the partnership agreement, it is not so estopped as to money previously advanced. In re Ervin (1902), E. Dist. Pa., McPherson, J., 114 Fed., 596; 7 A. B. R., 480. In bankruptcy proceedings of a partner of a firm, costs of suit incurred by firm are not preferred claims, though State insolvency law makes it a preferred claim. In re Daniels (1901), Dist. R. I., Brown, J., 110 Fed., 745; 6. A. B. R., 699. A retiring partner, who sold his interest and took notes of continuing partner may not prove up so as to prejudice creditors of old firm. In re Denning (1902), Dist. Mass., Lowell, J., 114 Fed., 219; 8 A. B. R., 133. 56 WHO MAY BECOME BANKRUPTS. [5fg. Real estate standing in the name of one partner, but really the firm property, to be sold and applied to the payment of firm debts. In re Goetzinger (1901), W. Dist. Pa., Buffington, J., 110 Fed., 366; 6 A. B. R., 399. Court will ascertain the facts as to whether land is purchased with partnership funds, though in the individual names, and determine whether it is individual or firm assets. In re Mosier (1901), Dist. of Vt., Wheeler, J., 112 Fed., 138; 7 A. B. R., 268. Purpose of bankruptcy act to apply partnership assets to payment of partnership debts, no scheme permitted to charge partnership assets with individual debts. In re Jones (1900), E. Dist. Mo., Adams, J., 100 Fed., 781; 4 A. B. R., 141. Chattel mortgage executed by individual members of firm can not be proved as a claim against the partnership estate. In re Jones (1902), E. Dist., N. C., Purnell, J., 116 Fed., 431; 8 A. B. R., 626. What constitutes individual and partnership debts. In re Stevens, (1900). Dist. Vt., Wheeler, J., 104 Fed., 323; 5 A. B. R., 9. Discussion of partnership assets. In re Lehigh Lumber Co. (1900), W. Dist. Pa., Buffington, J., 101 Fed., 216; 4 A. B. R., 221. Surplus partnership assets applied to individual debts. In re Gillette & Prentice (1900), W. Dist. N. Y., Hazel, J., 104 Fed., 769; 5 A. B. R., 119. Individual and firm assets are to be marshalled where member and firm are both adjudicated bankrupt. In re Wilcox (1899), Dist. Mass., Lowell, J., 94 Fed., 84; 2 A. B. R., 117. Where partnership adjudged a bankrupt individual estates are drawn into bankruptcy court. In re Stokes (1901), E. Dist. Pa., McPherson, J., 106 Fed., 312; 6 A. B. R., 262. Distribution of estate should be on basis that the bankrupt was sole owner of the business even though there is secret partner. In re Harris (1899), N. Dist. O., Ricks, J., 108 Fed., 517. Firm debts not affected by the adjudication of a member of the firm on his voluntary petition. In re McFaun (1899), N. Dist. la., Shiras, J., 96 Fed., 592; 3 A. B. R., 66. Where only individual assets remain both partners being insolvent constitute an exception to the rule of distribution and partnership creditors may share equally with individual creditors. In re Conrader (1902), W. Dist. Pa., Buffington, J., 9 A. B. R., 85. g [Claims to be marshalled.] The court may permit the proof of the claim of the partnership estate against the individual estates, and vice versa, and may marshal the 5gll.] WHO MAY BECOME BANKRUPTS. 57 assets of the partnership estate and individual estates so as to prevent preferences and secure the equitable distribution of the property of the several estates. See a, b, c, d, e and /, ante and notes. As to proof of claims, see Sec.. 57a and notes, and Gen. Ord. XXI post. Form of proof of debt by part- nership, see Form No. 34 and notes. Attempting to charge partnership assets with an individual claim is a fraud. In re Jones & Cook (1900), E. Dist. Mo., Adams, J., 100 Fed. 781; 4 A. B. R., 141; 2 N. B. N., 193. Liability of firm not shown where notes are signed by the individuals not using firm names. Strause v. Hooper (1901), E. Dist. N. C., Purnell, J., 105 Fed., 590; 5 A. B. R., 225. Claims on notes signed by two members of a bankrupt firm allowed against the firm where the money was used by the firm. In re Shat- tuck & Bugh (1901), W. Dist. N. Y., McMaster, R., 6 A. B. R., 56. Both individual and partnership estates may be marshalled to se- cure an equitable distribution of the property. In re_Gillette & Prentice (1900), W. Dist. N. Y., Hazel, J., 104 Fed., 769; 5 A. B. R., 119. Firm and individual assets must be marshalled. In re Shapiro & Novick (1901), S. Dist. N. Y., Brown, J., 106 Fed., 495; 5 A. B. R., 839. h Administration where all partners are not bankrupt.] In the event of one or more but not all of the members of a partnership being adjudged bankrupt, the partnership property shall not be administered in bankruptcy, unless by consent of the partner or partners not adjudged bankrupt, but such partner or partners not adjudged bankrupt shall settle the partnership business as expeditiously as its nature will permit, and account for the interest of the partner or partners adjudged bankrupt. See a, b, c, d, e, f and g, under this section, and notes. See also pro- ceedings in partnership cases, Gen. Ord. VIII post. This section does not apply where the adjudication is refused because of the infancy of a partner. In re Dunnigan Bros. (1899), Dist. Mass., Lowell, J., 95 Fed., 428; 2 A. B. R., 628; 1 N. B. N., 528. Individual adjudication and administration of estate will continue after a secret partnership is discovered such secret partner is assumed to have assented. In re Harris (1899), N. Dist. O., Remington, R.; 4 A. B. R., 132; 2 N. B. N., 868. 58 EXEMPTIONS OF BANKRUPTS. [6a. Partners not adjudged bankrupt required to account for interest of the bankrupt partner in the firm business. In re Laughlin (1899), N. Dist. la., Shiras, J., 96 Fed., 589; 3 A. B. R., 1. Fact that two members of firm are adjudged bankrupt does not make the firm bankrupt, and a partnership not necessarily adjudged bank- rupt. In re Mercur (1902), E. Dist. Pa., Archbald, J., 116 Fed., 655; 8 A. B. R., 275. Discharge from partnership debts authorized on proper proof. Jan- ecki Mfg. Co. v. McElwaine (1901), Dist. Ind., Baker, J., 107 Fed., 249. Provisions of this section do not apply where one partner is infant. In re Dunnigan Bros. (1899), Dist. Mass., Lowell, J., 95 Fed., 428; 2 A. B. R., 628. Trustee of insolvent member no right to firm assets. Burke v. Rol- linson (1901), Sup. Ct., R. I., 49 Atl., 694. Mortgage by a firm not invalidated by bankruptcy proceedings against member of firm only. McNair v. Mclntyre (1902), C. C. A., 6th Cir., Simonton, J., 113, Fed., 113; 7 A. B. R., 638. SEC. 6. EXEMPTIONS OF BANKRUPTS. a [Exemption under State laws.] This act shall not effect the allowance to bankrupts of the exemptions which are prescribed by the State laws in force at the time of the filing of the petition in the State wherein they have had their domicile for the six months or the greater portion thereof immediately preceding the filing of the petition. Courts of bankruptcy to determine all claims of exemptions. Sec. 2, Sub. (11), ante, and trustee to set apart bankrupt's exemptions. Sec. 47, Sub. (11) post, and notes. See the exemption laws of each state in which district court is located. As to statement of claim to exempt property, see Form 1, Schedule B (5), Analogous provisions, Act of 1800, Sec. 18, 34, 35, 53; Act of 1841, Sec. 3; Act of 1867, Sec. 14 amended Act June 8th, 1872, Ch. 30; Act March 28, 1873, Ch. 235. Intention to use an unbroken colt for team work where the Vt. law allows team of horses is sufficient to exempt under the bankruptcy act. In re Alfred (1899), Dist. Vt., Mott, R.; 1 A. B. R., 243. Where each partner consents to the exemptions of the other, as re- quired by No. Carolina law, the exemptions may be allowed out of the partnership estate. In re Grimes (1899), W. Dist. N. C., Ewert, J., 94 6 a.] EXEMPTIONS OF BANKRUPTS. 59 Fed., 800; 2 A. B. R., 160; 1 N. B. N., 339. In re Stevenson & King (1899), E. Dist. N. C., Purnell, J., 93 Fed., 789; 2 A. B. R., 230; 1 N. B. N., 266. Under the Wis. Law exemptions may be claimed out of a partnership property. In re Nelson (1899), W. Dist. Wis., Bunn, J., 98 Fed., 76; 2 A. B. R., 556; 1 N. B. N., 567. Arkansas exemption law allows no exemption from partnership prop- erty. In re Meriwether (1901), W. Dist. Ark., Trieber, J., 107 Fed., 102; 5 A. B. R., 435. Exemptions allowed partner out of partnership assets, when joint interest is severed. In re Friedrich (1900), C. C. A., 7th Ci.,Renkins, J., 100 Fed., 284; 3 A. B. R., 801. Exemptions in New Jersey not allowed out of partnership assets. In re Demarest (1901), Dist. N. J., Kirkpatrick, J., 110 Fed., 638; 6 A. B. R., 232. In North Carolina exemptions allowed out of partnership assets by consent of other partners. In re Seabolt (1902), W. Dist. N. C., Boyd, J., 113 Fed., 766; 8 A. B. R., 57. Exemptions of one partner may attach to property of the partnership of which the bankrupt is a member, provided previously thereto the firm has transferred same to one member. In re Rudnick (1900), Dist. Wash., Hanaford, J., 102 Fed., 750; 4 A. B. R., 531; 2 N. B. N., 975. The rule of the state of which the bankrupt is a resident followed as to exemptions where allowed out of partnership assets the United States Court will follow. In re Camp (1899), N. Dist. Ga., Newman, J., 91 Fed., 745; 1 A. B. R., 165; 1 N. B. N., 142. Exemptions of forty acres as homestead on which bankrupt claims an intention to build and occupy, is not allowed under Michigan statute, as intention does not create homestead. In re Hatch (1899), E. Dist., Mich., Davock, R., 2 A. B. R., 36; 1 N. B. N., 293. Homestead exemptions pass to the bankrupt. The reversionary inter- est should be sold by the trustee. In re Woodward, E. Dist. N. C., Pur- nell, J., 95 Fed., 260; 2 A. B. R., 339; 1 N. B. N., 352. Exemptions are to be passed on by the District Court. Arkansas Homestead Law construed. In re Overstreet (1899), E. Dist. Ark., Dool- ey, R.; 2 A. B. R., 486; 1 N. B. N., 408. Under the Alabama exemption law a gold watch worth fifty dollars comes under necessary and proper wearing apparel. Sellers v. Bell (1899), C. C. A., 5th Cir., McCormick, J., 94 Fed., 801; 2 A. B. R., 529. Exemptions of tools and implements under the California law con- 60 EXEMPTIONS OF BANKRUPTS. [6a. sidered. In re Peterson (1899), N. Dist. Cal., DeHaven, J., 95 Fed. ,417; 2 A. B. R., 630; 1 N. B. N., 430. Exemption lost by failure to claim the same in the schedule can not be claimed by amendment. In re Nunn (1899), S. Dist. Ga., Proudfit, R.; 2 A. B. R., 664; 1 N. B. N., 427. Exemption not allowed by way of amendment to schedule out of prop- erty which had already passed to trustee. Distinction between property which law makes exempt and that which the bankrupt claims to be ex- empt. Moran v. King (1901), C. C. A., 4th Cir., Ill Fed., 730; 7 A. B. R., 176. Exemptions where state law does not allow cash exemptions con- strued. In re Woodward (1899), E. Dist. N.C., Purnell, J., 95 Fed., 955; 2 A. B. R., 692; 1 N. B. N., 430. Exemptions must be set aside by the trustee and no one can act in his place. In re Grimes (1899), W. Dist. N. C., Ewart, J., 96 Fed., 529; 2 A. B. R., 730; 1 N. B. N., 516. Jurisdiction of bankrupt court limited to setting the exempt property aside. Disputes concerning title to be left to other courts. In re Hill (1899), N. Dist. Ga., Newman, J., 96 Fed., 185; 2 A. B. R., 798; 2 N. B. N., 180. In re Little (1901), N. Dist. la., Shiras, J., 110 Fed., 621; 6 A. B. R. 681. Title to crops growing on exempt land of a voluntary bankrupt vest in trustee. In re Coffman, N. Dist. Tex., Meek, J., 93 Fed., 422; 1 A. B. R., 530; 1 N. B. N., 402. Construction of the New York law, as regards money of pensioner of the United States invested in real estate. In re Ellithorpe (1901), W. Dist. N. Y., Hotchkiss, R., Ill Fed., 163; 5 A. B. R., 681. Pension money exempt but subject to costs of filing petition. In re, Bean (1900), Dist. Vt., Wheeler, J., 100 Fed., 262; 4 A. B. R., 53. Under Georgia law exemption only allowed where the claimant comes with clean hands. In re Williamson (1901), N. Dist. Ga., Newman, J., 114 Fed., 190; 8 A. B. R., 42. The right to exemption is not lost by bankrupt withholding assets orhaving made fraudulent transfer. In re Park (1900) , Dist. Ark., Rogers, J., 102 Fed., 602; 4 A. B. R., 432; 2 N. B. N., 981. Fraudulent concealment of property by the bankrupt does not deprive him of right to exemption. In re Rothschild (1901), S. Dist. Ga., Cravatt, R.; 6 A. B. R., 43. Exemptions under Georgia law forfeited for fraud in concealing as- sets. In re Waxelbaum (1900), N. Dist. Ga., 101 Fed., 228; 4 A. B. R., 120; 2 N. B. N., 228. 6a.J EXEMPTIONS OF BANKRUPTS. 61 Exemption law of Georgia~requires debtor to make full and fair dis- closure of all his personal property. Omission to do so in bankruptcy will forfeit his claim to exemptions. In re Boorstin (1902), N. Dist. Ga., Newman, J., 114 Fed., 696; 8 A. B. R., 89. Property which had been preferentially transferred and afterwards surrendered to the trustee, becomes subject to the bankrupt's claim for exemption. In re Falconer (1901) , C. C. A., 8th Cir., Thayer, J., 110 Fed., Ill; 6 A. B. R., 557. 7?tn?Talbott (1902), Dist. Mass., Lowell, J., 116 Fed., 417; 8 A. B. R., 427. The statute of Georgia forfeits exemption in property conveyed in fraud of creditors. Where the property was reconveyed to the grantor, who afterwards became bankrupt, the old fraudulent transfer is no longer involved and exemption may be claimed. In re Thompson (1902) , S. Dist. Ga., Spear, J., 115 Fed., 924; 8 A. B. R., 283. Exemptions in Missouri cannot be allowed out of property recovered by a trustee from preferred creditors. In re White (1900), W. Dist. Mo., Phillips, J., 103 Fed., 774; 6 A. B. R., 45. Conveyance of homestead under Tenn. law which is fraudulent in law but not in fact, will not bar homestead. In re Tollett (1900), C. C. A., 6th Circt., Lurton, J., 105 Fed., 425; 5 A. B. R., 404. In Tennessee a fraudulent conveyance bars the debtor's claim for home- stead. In re Tollett (1900), E. Dist. Tenn., Grayson, R.; 5 A. B. R, 305. Exemptions of bankrupt should be allowed if practicable by partition If not, then property should be sold and exemptions allowed out of pro- ceeds. In re Dillon (1900), N. Dist. Cal., DeHaven, J., 100 Fed., 627; 4 A. B. R., 45. When exemptions must be taken from property incapable of division without injury, the court should order the sale of the property and pay him his exemptions out of the proceeds. In re Grimes (1899), W. Dist. N. C., Alexander, R., 2 A. B. R., 610; 1 N. B. N., 426. State law of exemptions prevails. Where it allows a waiver, waiver sustained in bankruptcy. In re Garden (1899), N. Dist. Ala., Bruce, J., 93 Fed., 423; 1 A. B. R., 582; 1 N. B. N., 169. Exemptions where creditors have waiver of the same - it is duty of bankruptcy court to protect the creditor in collecting his claim out of ex- empt property. In re Woodruff, et al. (1899), S. Dist. Ga., Spear, J., 96 Fed. 317; 2 A. B. R., 678; 1 N. B. N., 423. Although under Pennsylvania statute an exemption may be waived in favor of the payee of a note, yet a judgment on such note avoided as preferential under the act, destroys the benefit of the waiver of the ex- emption. The creditor having proved claim as a general creditor is 62 EXEMPTIONS OF BANKRUPTS. [6a. estopped to claim waiver of exemptions. In re Bolinger (1901), W. Dist. Pa., Buffington, J., 108 Fed., 374; 6 A. B. R., 171. Holder of judgment note containing waiver of exemptions cannot take advantage of waiver in bankruptcy unless note reduced to judgment and execution issued. In re Brown (1899), W. Dist. Pa., Ransom, R.; 1 A. B. Ri, 256; 1 N. B. N., 230. Exemption may be waived by bankrupt, but is not forfeitable. In re Brown (1899), W. Dist. Pa., Buffington, J., 100 Fed., 441; 4 A. B. R., 46; 2 N. B. N., 590. Under Alabama law waiver of exemptions in note will not bar the claim for the same. In re Moore (1901), Mid. Dist. Ala., Jones, J., 112 Fed., 289; 7 A. B. R., 285. Where bankrupt has waived his exemptions in lease and landlord has destrained, no exemptions can be claimed against landlord out of the de- strained property. In re Hover (1902), Dist. Pa., Buffington, J., 113 Fed., 134; 7 A. B. R., 330. Under Virginia statutes exemption will not be allowed where it will go not to the bankrupt's family, but to those creditors who hold waivers of the exemption. In re Garner (1902), W. Dist. Va., McDowell, J., 115 Fed., 200; 8 A. B. R., 263. Bankrupt does not lose right to exemptions by failiug to claim on an execution the property afterwards being returned to the estate in bankruptcy he may waive exemptions as to one creditor but does not thereby as to all. In re Osborn (1900), W. Dist. N. Y., Hazel, J., 104 Fed., 782; 5 A. B. R., 111. Waiver of exemptions discussed in re Becker (1899), E. Dist. Pa., Dunn, R.; 2 A. B. N., 202. Where bankrupt has waived his exemptions in lease and landlord has destrained no exemption can be claimed against landlord out of the de- strained property. In re Hoover (1902), E. Dist. Pa., Buffington, J., 113 Fed., 136; 7 A, B. R., 330. Waiver of exemptions does not create a lien on exempt property. In re Hopkins (1899), N. Dist. Ala., Turner, R.; 1 A. B. R., 209; 1 N. B. N., 171. Amendment allowed of claim for exemption when made to help the bankrupt's family, but not when it would merely enure to benefit of se- cured creditor. In re Moran (1900), W. Dist. Pa., Paul, J., 105 Fed., 901; 5 A. B. R., 472. Under Mass, law watch not an article of necessary wearing apparel. In re Turnbull (1901), Dist. Mass., Lowell, J., 106 Fed., 667; 5 A. B, R., 549. 6 a.] EXEMPTIONS OF BANKRUPTS. 63 Adjudication by state court before bankruptcy allowing homestead ex- emption is res adjudicata. In re Rhodes (1901), N. Dist. O., Wing, J., 109 Fed., 117; 5 A. B. R., 197. Under the Kansas exemption law a plat of ground con taining less than an acre and having on it several buildings not used for dwellings ex- clusvely, allowed the bankrupt's family as exemptions on his decease. In re Parker (1899), Dist. Kan., White, R.; 1 A. B. R., 708; 1 N. B. N., 261. Sec. 6 is controlled by Section 70. In re Steele & Co. (1899), S. Dist. la., Shiras, J., 98 Fed., 78; 3 A. B. R., 549; 2 N. B. N., 281. Exemptions under Texas law what constitutes abandonment of business homestead. In re Harrington (1900), N. Dist. Tex., Meek, J., 99 Fed., 390; 3 A. B. R., 639; 1 N. B. N., 513. Taxes on exempt property to be paid out of general fund in hands of trustee. In re Tilden (1899), S. Dist. la., Woolson, J., 91 Fed., 500; 1 A. B. R., 300; 1 N. B. N., 134. Exemption laws to be liberally construed. Idem. Court to aid bankrupt to obtain his homestead may order a sale of part of his several pieces of property, which are all mortgaged, free of iens. In re Thomas, Dist, Wash., Handford, J. (1899), 96 Fed., 828; 3 A. B. R., 99; 1 N. B. N., 551. A diamond stud worth $250 held to be wearing apparel. In re Smith, , (1899), W. Dist. Tex., Maxey, J., 93 Fed., 791; 3 A. B. R., 140; 1 N. B. N., 532. Exemptions in Wisconsin allow bankrupt gold watch as wearing ap- parel. In re Jones (1899), S. Dist. Wis., Seaman, J., 97 Fed., 773; 3 A. B. R., 259; 2 N. B. N., 296. Construction of Wisconsin statute covering exemptions. In re Hoag (1899), W. Dist. Wis., Bunn, J., 97 Fed., 543; 3 A. B. R., 290. Application by bankrupt of money in payment of claims on exempt property shortly before bankruptcy trustee will be subrogated to claim. In re Boston (1899), Dist. Neb., Hunger, J., 98 Fed., 587; 3 A. B. R., 38S; 2N. B.N.,19 Exemptions under law of State of Washington allowed and discussed. In re Buelow (1899), Dist. Wash., Handford, J., 98 Fed., 86; 3 A. B. R. 389; 2 N. B. N., 26. Exemption under S. Carolina law discussed. In re McCutchen (1900) , E. Dist. So.Car.,Brawley, J., 100 Fed., 779; 4 A. B. R., 81; 2 N. B. N., 636. A watch not a necessary article of wearing apparel. In re Turnbull (1901), Dist. Mass., Olmstead, R.; 5 A. B. R., 231; 3 N. B. N., 294. 64 EXEMPTIONS OF BANKRUPTS. [6a. Gold watch and chain necessary wearing apparel in Rhode Island. /nreCaswell (1901), Dist. R. I., Barrows, R.; 6 A. B. R., 718. Bankruptcy act provides time and manner of claiming exempt prop- erty and must be followed. Exempt property must be described in schedules and descriptions must be specific and definite. In re Groves (1901), N. Dist. O., Remington. R.; 6 A. B. R., 728. Exemptions allowed under state process followed shortly by bank- ruptcy. Under Virginia law bankrupt's wife may claim homestead as head of a family, although living with her husband. Richardson v. Wood- ward (1900), C. C. A., 4th Cir., Purnell, J., 104 Fed., 689; 5 A. B. R., 94. Exemptions allowed under state process, followed shortly by bank- ruptcy, cannot be claimed a second time. In re Miller (1899), W. Dis. Mo., Crittenden, R.; 1 A. B. R., 647; 1 N. B. N., 263. Exemptions of bankrupt should be allowed if practicable by parti- tion, if not, then property should be sold and exemptions allowed out of proceeds. In re Diller (1900). N. Dist. Cal., DeHaven, J., 100 Fed., 931; 4 A. B. R., 45. Exemption being indivisible property should be sold and exemption attach to proceeds. In re Oderkirk (1900), Dist. Vt., Wheeler, J., 103 Fed., 779; 4 A. B. R., 617. Expenses of the sale of indivisible homestead are not chargeable to the bankrupt. In re Hopkins (1900), Dist. Vt., Wheeler, J., 103 Fed., 781; 4 A. B. R., 619. Before question of exemption can come before the court, trustee must be appointed and set aside the exempt property. In re Smith (1899), W. Dist. Tex., Maxey, J., 93 Fed., 791; 2 A. B. R., 190. Homestead acquired while insolvent from proceeds of property un- paid for not allowable. Burden of proving solvency on bankrupt. Mc- Gahan v. Anderson (1902), C. C. A., 4th Cir., Johnson, J., 113 Fed., 115; 7 A. B. R., 641. The bankruptcy act is not unconstitutional by reason of the exemp- tions in this section. Hanover National Bank v. Moyses (1902), U. S. Sup. Ct., Chief Justice Fuller, 186 U. S., 181, 8 A. B. R., 1. Exemption laws of Maryland considered and discussed. In re Beau- champ (1900), Dist. Md., Morris, J., 101 Fed., 106; 4 A. B. R., 151. Exemptions under North Carolina considered and construed. In re Wilson (1900), Dist. N. C., Purnell, J., 101 Fed., 571; 4 A. B. R., 260. District Court has no jurisdiction over exemptions after allowance. In re Hatch (1900), S. Dist. la., Shiras, J., 102 Fed., 280; 4 A. B. R., 349; 1 N. B. N., 293. 6 a.] EXEMPTIONS OF BANKRUPTS. 65 Status of property at time of adjudication will determine whether it is a business homestead or not. In re Harrington (1900), E. Dist. Tex., Dillard, R., 3 A. B. R., 639; 1 N. B. N., 513. Under Pennsylvania statute bankrupt can not claim his exemptions out of the proceeds of a liquor license. In re Myers (1900), E. Dist. Pa., Mason, R., 4 A. B. R., 536; 2 N. B. N. 860. Exemptions under the Virginia law not allowed unless a showing is made by claimant that he has a clean title. In re Tobias (1900), W. Dist. Va., Paul, J., 103 Fed., 68; 4 A. B. R., 555. Under the New York statute a single woman allowed her necessary wearing apparel as exempt, and what constitutes same. In re Stokes (1900), S. Dist. N. Y., Wise R., 4 A. B. R., 560; 3 N. B. N., 443. Homestead law of the United States (U. S. Rev. St., Sec. 2296), giv- ing one hundred and sixty acres of land free of prior debts, not dis- turbed by bankruptcy growing crops thereon not exempt. In re Daubner (1899), Dist. Ore., Bellinger, J., 96 Fed., 805; 3 A. B. R., 368; 1 N. B. N., 520. Under the Vermont law a race horse not exempt. In re Libby (1900), Dist. Vt. f Wheeler, J., 103 Fed., 776; 4 A. B. R., 615. The rentals of exempt land of the bankrupt contracted for and accru- ing after adjudication, do not constitute assets of his estate in bankruptcy. In re Oleson (1901), N. Dist. la., Shiras, J., 110 Fed., 796; 7 A. B. R., 22. A watch is a "tool" or "implement of trade" if value- suitable for pur- poses and is exempt under Mass. law. In re Coller (1901), Dist. Mass., Lowell, J., Ill Fed., 503; 7 A. B. R., 131. Temporary absence from homestead exempt under Missouri law is no abandonment. In re Lynch (1899), W. Dist. Mo., Crittenden, R., 1 A. B. R., 245; 1 N. B. N., 182. Facts under Kentucky law not showing abandoning of homestead. In re Carmichael (1901), Dist. Ky., Evans, J., 108 Fed., 789; 5 A. B. R.,551. Temporary leaving of homestead not an abandonment. In re Pope, S. Dist. la., Shiras, J., (1900), 98 Fed., 722; 3 A. B. R., 525; 2 N. B. N., 427. Under the Vermont law one who reserved a room in a tenement house owned by himself, but boarded and roomed elsewhere, can not claim a homestead. In re Dawley (1899), Dist. Vt., Wheeler, J., 94 Fed., 795; 2 A. B. R., 496; 1 N. B. N., 528. Homestead exemption abandoned by bankrupt absconding. In re Mayer (1901), C. C. A., 7th Cir., Woods, J., 108 Fed., 599; 6 A. B. R., 117. 06 EXEMPTIONS OF BANKRUPTS. [6a. Under the California statute a farmer, who temporarily changes his occupation with no intention of a permanent abandonment of it, can claim his exemptions after his adjudication. In re Fly (1901), S. Dist. Cal., Wellborn, J., 110 Fed., 141; 6 A. B. R., 550. A lien on exempt property is subject to the jurisdiction of the state court solely. Powers Dry Goods Co. v. Nelson (1901), Sup. Ct. N. Dak., 7 A. B. R., 506 Exemption law of Pennsylvania construed. In re Manning [(1902), E. Dist. Pa., McPherson, J., 112 Fed., 948; 7 A. B. R., 571. Where the value of the homestead does not appear to be more than the exemption then the whole should be set over to the bankrupt. In re Gibbs (1900), Dist. Vt., Wheeler, J., 109 Fed., 627; 4 A. B. R., 619. Exemption allowed in Vermont out of an estate of tenancy by courtesy. In re Marquette (1900), Dist. Vt., Wheeler, J., 103 Fed., 777; 4 A. B. R., 623. Where dispute between bankrupt and trustee as to the value of prop- erty claimed as exempt under the Georgia law, property should be offered at public sale. In re Lynch (1900), S. Dist. Ga., Speer, J., 101 Fed., 579; 4 A. B. R., 262. In California, horse and wagon used by painter in carrying his material is exempt such painter to be considered a laborer. In re Hindman (1900), C. C. A., 9th Cir., Hawley, J., 104 Fed., 331; 5 A. B. R., 20. Exemption of policy of insurance by state law prevails in bankruptcy Steele v. Buell et al. (1900), C. C. A., 8th Cir., Caldwell, J., 104 Fed., 968; 5 A. B. R., 165. In Vermont a homestead exemption which is subject to claims prior to the exemptions will be sold by the bankruptcy court in such parts as will pay the claims free of the homestead. In re Gordon (1902), Dist. Vt., Wheeler, J., 115 Fed., 445; 8 A. B. R., 255. Duty of court of bankruptcy to protect exempt property from attach- ment of liens, which would nullify the policy of the law. In re Tune (1902), N. Dist. Ala., Jones, J., 115 Fed., 906; 8 A. B. R., 285. A preferential mortgage covering property which might have been claimed as exempt, cannot be sustained as to such property, as the right of exemption is personal to the bankrupt and cannot pass to another. In re Schuller (1901), E. Dist. Wis., Seaman, J., 108 Fed., 591; 6 A. B. R., 278. Under the Virginia law the bankrupt must designate the particular claims claimed as exempt. In re Wilson (1901), W. Dist. Va., Paul, J., 108 Fed., 197; 6 A. B. R., 287. Under Florida statute a bankrupt who has carried on business under 6a] EXEMPTIONS OF BANKRUPTS. 67 a corporate name may claim exemptions out of the assets. In re Car- penter (1901), C. C. A., 5th Cir., McCormick, J., 109 Fed., 558; 6 A. B. R., 465. Under Pennsylvania statute no exemption allowed in cash. In re Haskin (1901), E. Dist. Pa., McPherson, J., 109 Fed., 789; 6 A. B. R., 485. What constitutes "head of family" under Arkansas statute, discussed. In re Morrison (1901), E. Dist. Ark., Trieber, J., 110 Fed., 734; 6 A. B. R., 488. Under Missouri lawclaims existing prior to acquisition of homestead are superior to exemption. In re Stout (1900), W. Dist. M. Phillips, J., 109 Fed., 794; 6 A. B. R., 505. Exemptions under Mass, insolvency law favorable to bankrupt not allowed under bankruptcy law, as insolvency law suspended in its opera- tion. In re Anderson (1901), Dist. Mass., Lowell, J., 110 Fed., 141; 6 A. B. R., 555. No jurisdiction in plenary suits to adjust liens on exempt property by creditors trustee has no title to exempt property. Woodruff v. Chesere (1901), C. C. A., 5th Cir McCormick, J., 105 Fed., 601; 5 A. B. R., 296. Title to exempt property does not pass to trustee bankruptcy court cannot pass on exempt property. In re Wells (1900), W. Dist. Ark., Rogers, J., 105 Fed., 762; 5 A. B. R., 308. Exemptions must be carried out as provided by state law the bank- ruptcy court will not settle claims adverse to the exemption, but will relegate the party to the state court. In re Ogilvie, S. Dist. Ga., Mac- donell, R. (1900); 5 A. B. R., 374. Exemption laws must be liberally construed. In re Tilden (1899), S. Dist. la., Woolson, J., 91 Fed., 500; 1 A. B. R., 300; 1 N. B. N., 134. Construction of exemption laws of State Court will be followed. In re Stone (1902) E. Dist. Ark. Trieber J. 116 Fed. 35; 8 A. B. R. 416: Established rules of construction prevail where State Courts have not passed on exemption laws. Richardson vs. Woodward (1900) ; C. C. A. 4th Purnell J. 104 Fed. 878; 5 A. B. R. 94; In re Beauchamp (1900) Dist. Md. Morris J. 101 Fred. 106; 4 A.B. R. 151. Bankrupt acting in good faith may change his homestead within four months under Kansas law. Huenergardt v. Brittain Dry Goods Co. (1902) , C. C. A., 8th Cir., Thayer, J., 116 Fed., 31; 8 A. B. R., 341. In allowing exemptions out of a stock of merchandise the prevailing cost to trade should be adopted by appraisers. In re Prager (1902), Dist. Colo., Harrison, R., 8 A. B. R., 356. Creditor Vv'ho has had notice cannot contest claim for exemption af- 68 EXEMPTIONS OF BANKRUPTS. [6a. ter discharge. In re Ruse (1902), N. Dist. Ala., Jones, J., 115 Fed., 993; 8 A. B. R., 411. Arkansas law construed construction of State law by highest court of state binding on bankuptcy court. In re Stone (1902), E. Dist. Ark., Trieber, J. ( 116 Fed., 35; 8 A. B. R., 416. Exemptions claimed from property recovered by trustee from assign- ee under general assignment. In re Talbot (1902), W. Dist. Ga., Speer, J., 116 Fed., 417; 8 A. B. R., 427. "Perfect good faith" defined as relating to homestead exemptions under Georgia law. In re West (1902), N. Dist. Ga., Newman, J., 116 Fed., 767; 8 A. B. R., 564. Bankruptcy court no further jurisdiction over exempt property than necessary to set aside and dispose of questions incident thereto. In re Jackson (1902), E. Dist. Pa., McPherson, J., 116 Fed., 46; 8 A. B. R., 594. Duty of bankrupt under Indiana law to disclose exemptions in gar- nishment proceedings. In re Beak (1902), Dist. Ind., Baker, J., 116 Fed., 530; 8 A. B. R., 639. Bankrupt denied his exemptions out of recovered preference. In re Evans (1902), E. Dist. N. C., Purnell, J., 116 Fed., 909; 8 A. B. R., 730. Costs of the proceedings should be deducted from exemptions. In re Hines (1902), S. Dist. W. Va., Keller, J., 117 Fed., 790; 7 A. B. R., 27. Bankrupt may not be allowed his exemption, or any part out of a fund produced by a sale of personal property by his assignee. In re Staunton (1902), E. Dist. Pa., McPherson, J., 117 Fed., 507; 9 A. B. R.,79. Business nomestead which has been abandoned may not be claimed as exempt under Texas law. In re Flannagan (1902), W. Dist. Texas, Maxey, J., 117 Fed., 695; 9 A. B. R., 140. A fraudulent assignment under the law of Pennsylvania bars exemp- tions. In re Yost (1902), Middle Dist. Pa., Archbald, J., 117 Fed., 792; 9 A. B. R., 153. Exempt property not subjected to lien of purchase price under Iowa law. In re Seydel (1902), N. Dist. la., Shiras, J., 118 Fed., 207. Under Iowa law one homestead allowed to be exchanged for another exemption will attach to the proceeds of sale of the old before the new was acquired. In re Johnson (1902), N. Dist. la., Shiras, J., 118 Fed., 312. Under Pennsylvania law exemptions must be claimed out of specific property not generally as to amount. In re Duffy (1902), Middle Dist. Pa., Archbald, J., 118 Fed., 926. 7 a.] DUTIES OF BANKRUPTS. 69 Exemptions not lost by the bankrupt's assignment for the benefit of creditors which was surrendered to the trustee, the assignment not being fraudulent. Bashinski v. Talbot (1902), C. C. A., 5th Cir., Shelby, J., 119 Fed. ,337. Improvement on Indian lands allowed bankrupt Indian. In re Gray- son (1901), Sup. Ct., Ind. Ter., 61 S. W., 984. This section controlled by Sec. 70a (5). In re Scheld (1900), C. C. A., 9th, Ross, J., 104 Fed., 870; 5 A. B. R., 102. In re Holden (1902) , C. C. A., 9th Cir., McKenna, J., 113 Fed., 141; 7 A. B. R., 615; contra Steele v. Buel (1900), C. C. A., 8th Cir., Caldwell, J., 104 Fed., 968; 5 A. B. R., 165. Exemption laws of Georgia construed. In re Swords (1901), N Dist. Ga., Newman, J., 112 Fed., 661; 7 A. B. R., 436. Pennsylvania statute construed as to exemption note. Miller v. Black (1901), 10 Pa. Dist., 255. As to amendments of schedules claiming exemptions, see notes to Sec. 7 (8), post. SEC. 7. DUTIES OF BANKRUPTS. a [Attend meetings and hearing.] The bankrupt shall (1) attend the first meeting of his creditors, if directed by the court or a judge thereof to do so, and the hearing upon his application for a discharge, if filed ; For definition of bankrupt see Sec. 1 (4) and notes, ante. As to meetings of creditors, see Sec. 55, post, and notes. As to discharge, see Sec. 14, post. As to hearings on application for discharges see Sec. 14b, and notes, post. (2) [Comply with orders.] Comply with all lawful orders of the court ; Court may include the referee. Sec. 1, sub. (7), ante, and notes. As to duties of persons in proceedings before referees, see Sec. 41, post, and notes. As to how contempts before referees are punished, see Sec. 41b and notes. Contempt in refusing to obey orders to surrender assets Sec. 2 (13) and notes, ante. (3) [Examine proofs of claims.] Examine the correct- ness of all proofs of claims filed against his estate ; As to proof of claims see Sec. 57 and notes. Also Gen. Ord. XXI, post. 70 DUTIES OF BANKRUPTS. [7a. (4) Execute and deliver papers.] Execute and deliver such papers as shall be ordered by the court; "Court" may include the referee Sec. 1 (7) and notes, ante. (5) Execute transfers.] Execute to his trustee transfers of all his property in foreign countries ; As to title to property vesting in the trustee see Sec. 70a and notes. post. (6) [Inform trustee of evasions of law.] Immediately inform his trustee of any attempt, by his creditors or other persons, to evade the provisions of this Act, coming to his knowledge ; As to offences under this act, see Sec. 29 and notes, post. (7) [Disclose false claim.] In case of any person having to his knowledge proved a false claim against his estate, disclose that fact immediately to his trustee; Duty of bankrupts to assist in contesting spurious claims sufficiency of objection practice. In re Ankeny (1900), N. Dist. la., Shiras, J., 100 Fed., 614; 4 A. B. R., 72; 2 N. B. N., 349. As to punishment for presenting false claim see Sec. 29b (3) , and notes. (8) [Prepare and file schedules.] Prepare, make oath to, and file in court within ten days, unless further time is granted, after the adjudication, if an involuntary bank- rupt, and with the^petition) if a voluntary bankrupt, a ^schedule of his property, showing the amount and kind of property, the location thereof, its money value in detail) and allist of his creditors, showing their residences, if known, if unknown, the fact to be stated, the amounts due each of them, the consideration thereof ,*the security held by them if any, and a claim for such excretions as he may be en- titled to, all in triplicate, one copy of each for the clerk, one for the referee, and one for the trustee ; and Amendment of schedules, Gen. Ord. XI. As to Schedules in involun- tary bankruptcy, see Gen. Ord. IX and notes. As to frame of Schedules 7 a.] DUTIES OF BANKRUPTS. 71 see Gen. Ord. V. As to form of Schedules, see Form No. 1 and Schedules. As to exemptions see Sec. 6 and notes ante. Bankrupt in involuntary cases may be attached for failure to furnish schedules. Gen. Order VIII, post. Scheduling debts barred by the statute of limitations does not revive them and make them provable against the estate. In re Resler (1899), Dist. Minn., Marriman, R., 95 Fed., 804; 2 A. B. R., 166; 1 N. B. N., 280. Property acquired by the bankrupt since the filing of the original pe- tition and prior to adjudication is not such property as is required to be scheduled. In re Harris (1899), N. Dist. 111., Wean, R., 2 A. B. R., 359; l.N. B. N., 384. Quaere: Can corporation in which bankrupt is a stockholder be com- pelled to furnish lists of stockholders with date of becoming stockholders. In re Post (1899), N. Dist. 0., Fisher, R.; 1 N. B. N., 294. A vested remainder by will should be scheduled. In reShenberger (1900), N. Dist. O., Ricks, J., 102 Fed., 978; 4 A. B. R., 487; 2 N.B. N. 783. Schedules should state the street and number, addresses of creditors, else they will be defective. In re Brumelkamp (1899), N. Dist. N. Y., Stone, R., 2 A. B. R., 318; 1 N. B. N., 360. Printed forms must be used. Mahoney v. Ward (1900), E. Dist. N. C., Purnell, J., 100 Fed., 278; 3 A. B. R., 770. Bankrupt must schedule all his property. In re Becker (1901), N. Dist. N. Y., Coxe, J., 106 Fed., 54; 5 A. B. R., 438. Exempt property should be scheduled and claimed as exempt. In re Bean (1900), Dist. Vt., Wheeler, J., 100 Fed., 262; 4 A.B. R., 53. In re Todd (1901), S. Dist. N. Y., Brown, J., 112 Fed., 315; 6 A. B. R., 88. j Scheduling a claim barred by the statute of limitations does not revive it. In re Resler (1899), Dist. Minn., Lochren, J., 95 Fed., 804; 2 A. B. R., 602; 1 N. B. N., 280. Where schedule named certain parties as creditors the defense of statute of limitations against such creditors was thereby waived so far as the bankrupt personally was concerned. In re Gibson (1902), Indian Ter., Clayton, J., 69 S. W., 974. Debts not scheduled not discharged. In re Monroe (1902) , Dist. Wash. , Handford, J., 114 Fed., 398; 7 A. B. R., 706. Schedules must show the amounts due creditors. In re Schiller (1899) , W. Dist. Va., Paul, J., 96 Fed., 400; 2 A. B. R., 704. Verification must be by the bankrupt and clearly show that fact. In re Blankfein (1899), S. Dist. N. Y., Brown, J., 97 Fed., 191; 3 A. B. R., 72 DUTIES OF BANKRUPTS. [7a. 165. In re Brumelkamp (1899), N. Dist. N. Y. ( Coxe, J., 95 Fed., 814; 2 A. B. R., 318. Amendment of schedules allowed. In re Royal (1901), E. Dist. N. C., Purnell, J., 112 Fed., 135; 7 A. B. R., 106. In re Slingluff (1900), Dist Md., Morris, J., 105 Fed., 502; 5 A. B. R., 76. In re Beerman (1901), N! Dist. Ga., Newman, J., 112 Fed., 662; 7 A. B. R., 431. In re Falconer (1901), C. C. A., 8th Cir., Thayer, J., 110 Fed., Ill; 6 A. B. R., 557. In re Bean (1900), Dist. Vt., Wheeler, J., 110 Fed., 262; 4 A. B. R., 53. In re Laughl'in (1899), N. D5st. la., Shiras, J., 96 Fed., 589; 3 A. B. R., 1 7nr N., 695. This section and Sec. 68 must be interpreted as applicable to incidental proceedings in bankruptcy and does not change the principles of set-off in actions. Pearsall v. Nassau Nat. Bank (1902), Sup. Ct. N. Y., Jenks, J., 74 N. Y., App., Div., 89. Where the dealings between the bankrupt and the creditor during the four months' time has enhanced the value of the estate there is no room for preference. Peterson v. Nash Bros. (1901), C. C. A., 8th Cir., Adams, 202 PREFERRED CREDITORS. [60d. J., 112 Fed., 311; 7 A. B. R., 181. In re Jordan (Dickson v. Wyman) (1901), C. C. A., 1st Cir., Putnam, J., Ill Fed., 726; 7 A. B. R., 186. Morey v. Schiffer (1902), C. C. A., 8th Cir., Sanborn, J., 114 Fed., 447; 7 A. B. R., 670. Kimball v. Rosenbeam (1902), C. C. A., Sanborn, J., 114 Fed., 85; 7 A. B. R., 718. Cans v. Ellison (1902) , C. C. A., 3 Cir., Acheson, J., 114 Fed., 734; 8 A. B. R., 153. In re Topliff (1902), Dist. of Mass., Lowell, J., 114 Fed., 323; 8 A. B. R., 141. Jacquith v. Alden (1902), C. C. A., 1st Cir., Lowell, J., 9 A. B. R., 165. d [Payment to attorney Examination.] If a debtor shall, directly or indirectly, in contemplation of the filing of a petition by or against him, pay money or transfer prop- erty to an attorney and counselor at law, solicitor in equity, or proctor in admiralty for services to be rendered, the transaction shall be re-examined by the court on petition of the trustee or any creditor and shall only be held valid to the extent of a reasonable amount to be determined by the court, and the excess may be recovered by the trustee for the benefit of the estate. CHAPTER VII. ESTATES. SEC. 61. DEPOSITORIES FOR MONEY a. Courts to designate. SEC. 62. EXPENSES OF ADMINIS- TRATION. a. Expenses reported under oath. SEC. 63. DEBTS WHICH MAY BE PROVED. a. Provable debts. (1) Fixed liability. (2) Costs of suit. (3) Claim for taxable costs. (4) Open account or contract. (5) Judgment after filing petition. b. Unliquidated claims. SEC. 64. DEBTS WHICH HAVE PRIORITY. a. Taxes. b. Order of payment. (1) Costs of preserving estate. (2) Filing fees expense of credi- tor. (3) Costs of administration. (4) Employe's wages. (5) Debts to persons entitled to priority. c. After composition set aside or discharge revoked. SEC. 65. DECLARATION AND PAY- MENT OF DIVIDENDS. a. On allowed claims. 6. First and subsequent divi- dends. c. Claims subsequent to pay- ment of dividends. d. When person adjudged bank- rupt outside the United States. e. Limit to amount collectable by claimant. SEC. 66. UNCLAIMED DIVIDENDS. a. Payment into court. b. Distribution after one year. SEC. 67. LIENS. a. Claims which are not valid liens. b. Trustee subrogated to rights of creditors. c. Certain liens dissolved. (1) Defendant insolvent. (2) Knowledge of insolvency. (3) Fraud-trustee subrogated. 203 d. Liens given in good faith. e. Conveyances within four months when void. /. Liens created through legal proceedings. SEC. 68. SET-OFFS AND COUNTER- CLAIMS. a. Mutual debts and credits. b. When not allowed. (1) Not provable. (2) Purchased with knowledge of bankrupt's insolvency. SEC. 69. POSSESSION OF PROP- ERTY. a. Warrant may issue to mar- shal to seize and hold prop- erty. SEC. 70. TITLE TO PROPERTY. a. Title vested in trustee. (1) Documents. (2) Patents, copyrights and trade-marks. (3) Powers. (4) Property transferred in fraud. (5) Property which might have been transferred or levied on. Policy of insurance. (6) Rights of Action. b. Appraisal and sale of prop- erties. c. Trustee to convey title. d. Composition set aside vest- ing title in trustee. e. Avoiding certain transfers recovery of property. /. Revestment of title on con- firmation of composition. SEC. 71. CLERKS TO KEEP INDEXES AND ISSUE CERTIFICATES OF SEARCH. SEC. 72. REFEREE AND TRUSTEE NOT TO RECEIVE EXTRA COM- PENSATION. TIME WHEN THIS ACT SHALL GO INTO EFFECT. a. Force and effect. b. Cases pending under State laws. ACT OF FFB. STH, 1903,, NOT TO EFFFCT PENDING CASES. 204 EXPENSES OF ADMINISTERING ESTATES. [ 61 a, 62a. SEC. 61. DEPOSITORIES FOR MONEY. a [Courts to designate.] Courts of bankruptcy shall designate, by order, banking institutions as depositories for the money of bankrupt estates, as convenient as may be to the residences of trustees, and shall require bonds to the United States, subject to their approval, to be given by such banking institutions, and may from time to time as occasion may require, by like order increase the number of depositories or the amount of any bond or change such depositories. Trustees must deposit money in depositories. Sec. 47a (3) ante. As to payment of money deposited, see Gen. Order XXIX. SEC. 62. EXPENSES OF ADMINISTERING ESTATES. a [Expenses reported under oath.] The actual and necessary expenses incurred by officers in the adminis- tration of estates shall, except where other provisions are made for their payment, be reported in detail, under oath, and examined and approved or disapproved by the court. If approved, they shall be paid or allowed out of the estates in which they were incurred. As to what are expenses of estates, see Gen. Ord. XXXV. As to in- demnity for expense to be deposited by the bankrupt, see Gen. Order X As to indemnity for expenses of traveling by referee, see Gen. Ord. XXVI. See Sec. 5e as to payment of expenses from individual and firm estates. Trustee refused allowance of attorney's fee for preparation of account this is among the ordinary duties which he should perform. In re Averill (1899), N. Dist. Ohio, Remington, R., 1 N. B. N., 544. Assignee in insolvency proceedings not entitled to allowance as cus- todian in preserving the estate prior to filing petition in bankruptcy, In re Peter Paul Book Co. (1900), W. Dist. N. Y., Hazel, J., 104 Fed., 786; 5 A. B. R., 105. 63a.] DEBTS WHICH MAY BE PROVED. 205 SEC. 63. DEBTS WHICH MAY BE PROVED. a [Provable debts.] Debts of the bankrupt may be proved and allowed against his estate which are For analogous provisions of act of 1800 see Sec. 39 of that act; of act of 1841 see Sec. 5 of that act; also Sec. 19 of act of 1867. See notes tinder Sec. 17, "debts not barred a discharge." (1) [Fixed liability.] A fixed liability, as evidenced by a judgment or an instrument in writing, absolutely owing at the time of the filing of the petition against him, whether then payable or not, with any interest thereon which would have been recoverable at that date or with a rebate of interest upon such as were not then payable and did not bear interest ; See notes under Sec. 17. Bankrupt not liable on notes where protest and notice not given. Such contingent liability not provable. In re Edson (1902) , Dist. Vt., Wheeler, J., 119 Fed., 487. Alimony over-due is provable debt in bankruptcy and a court of bank- ruptcy may release the bankrupt from arrest under state authority for non-payment. In re Houston (1899), Dist. Ky., Evans, J., 94 Fed., 119. 12 A. B. R., 107; 1 N. B. N., 205. Alimony due not a provable debt and not barred. In re Smith (1899) , N. Dist. N. Y., Hotchkiss, R., 3 A. B. R., 67; 1 N. B. N., 471. Alimony over-due is a provable debt. File v. File (1901), Ct. of App. Ky., Guffy, J., 5 A. B. R., 461. Rent accruing after adjudication is not a claim against the estate. Bankruptcy bars future liability on a lease. Lien of landlord under state law not recognized in bankruptcy. In re Jefferson (1899), Dist. Ky. Evans, J., 93 Fed., 948; 2 A. B. R., 206; 1 N. B. N., 288. Judgment more than ten years old not a provable debt in North Caro- lina. In re Farmer (1902), E. Dist. N. C., Purnell, J., 9 A. B. R., 19. Judgment for fine in criminal prosecution is a provable debt. In re Alderson (1900), Dist. W. Va., Jackson, J., 98 Fed., 588 3 A. B. R., 544. Landlord's claim for future rent not a provable debt. In re Ells (1900), Dist. Mass., Lowell, J., 98 Fed., 967; 3 A. B. R., 564; 2 N. B. N., 357. 206 DEBTS WHICH MAY BE PROVED. [63 a. Contract of endorsement is aprovable claim In re Schaeffer (1900), E. Dist. Pa., McPherson, J., 104Fed.973; 5A. B. R., 248; reversed In re Gerson (1901), E. Dist. Pa.,McPherson, J., 107 Fed., 897; 5 A. B. R., 89. Rent accruing after bankruptcy not a provable claim. In re Mahler. (1900), E. Dist. Mich., Swan, J., 105 Fed., 428; 5 A. B. R., 453. Contingent liability of bankrupt as endorser cannot be changed to ab- solute liability shortly before bankruptcy without adequate consideration, In re Marks & Garson(1901), W. Dist. N. Y., Van Vooris, R., 6 A. B. R., 641. Claim of surety of debt of bankrupt is dischargeable where principal is provable. Hoyer v. Comstock (1901), Sup. Ct. la., Given, J., 7 A. B. R., 493. Alimony is a provable debt and proceedings therefor in state court may be joined. In re Van Orden (1899), Dist. N. J., Kirkpatrick J., 96 Fed., 86; 2 A. B. R., 801 ; 1 N. B. N., 475. Deficiency must appear on face of deficiency decree in order to be recognized in a court of bankruptcy. In re Huber et al. (1899), N. Dist, N. Y., Judson, R., 1 N. B. N., 512. Rent accruing after bankruptcy not a provable debt. In re Colling- non (1900), N. Dist. N. Y., Hotchkiss, R., 4 A. B. R., 250; 2 N. B.N., 660 Rent of premises due prior to the filing of the petition in bankruptcy is a preferred claim. In re Shilliday (1899), W. Dist. Pa., Blair, R., 1 N. B. N., 475. See the case of Sinsheimer v. Simonson (1900), C. C. A., 6th Cir., Taft, J., 92 Fed., 904; 3 A. B. R., 824. Debt barred by statute of limitations revived by bond and mortgage, even though mortgage void. In re Stendts (1899), N. Dist. N. Y., Hotch- kiss, R., 1 N. B. N., 509. After divorce in Arkansas a wife has one-third of her husband's person- alty. Before such decree she has no claim provable in bankruptcy against her estate. Hawk v. Hawk (1900), W. Dist. Ark., Rogers, J., 102 Fed., 679; 4 A. B. R., 463; 2 N. B. N., 940. A bond given by bankrupt to secure payment of annuity is a provable debt. Cobb v. Overman (1901), C. C. A., 4th Cir., Waddill, J., 109 Fed., 65; 6 A. B. R., 324. (2) [Costs of suit.] Due as costs taxable against an involuntary bankrupt who was at the time of the filing of the petition against hjm plaintiff in a cause of action which would pass to the trustee and which the trustee declines to prosecute after notice; 63a.] DEBTS WHICH MAY BE PROVED. 207 See Sec. 11 as to suits by and against trustees. Costs taxed against bankrupt in suit pending at time of filing the petition are not provable. In re Marcus et al. (1900), Dist. Mass., Lowell, J., 104 Fed., S31; 5 A. B. R., 19. (3) [Claim for taxable costs.] Founded upon a claim for taxable costs incurred in good faith by a creditor before the filing of the petition in an action to recover a provable debt; Where petition filed before judgment for costs rendered, costs are not provable or dischargeable in bankruptcy. In re Marcus et al. (1901), C. C. A., 1st Cir., Putnam, J., 105 Fed., 909; 5 A. B. R., 365. Costs incurred in case under lien. In re Allen (1899), N. Dist. Cal., DeHaven, J., 96 Fed., 512; 3 A. B. R., 38. An assignee under voluntary assignment by reason whereof an adjudica- tion in bankruptcy followed is entitled to no compensation for services nor for disbursements for rent, etc., prior to the bankruptcy. After bankruptcy he may be allowed for as a receiver until trustee takes pos- session. In re B. H. Gladding Co. (1902), Dist. R. I., Barrows, R., 9 A. B. R., 117. (4) [Open account or contract.] Founded upon an open account, or upon a contract express or implied ; and See Sec. 17 and notes. Costs of attachment incurred before bankruptcy allowed as a prior claim. In re Lewis (1900), Dist. Mass., 91 Fed., 632; 4 A. B. R., 51; 1 N. B. N.. 556. A stockholder's liability under state statutes is a provable claim in bankruptcy, as it is founded on implied contract. Bankruptcy court may direct payment to liquidate claim or make the computation itself. In re Rouse (1899), N. Dist. Ohio, Remington, R., 1 A. B. R., 393; 1 N. B. N., 48. A liability of bankrupt as endorser accruing after petition is provable claim. In re Gerson (1901), C. C. A., 3rd Cir., Acheson, J., 107 Fed., 897; 6 A. B. R., 11. Money in hands of trustee which but for the finding bankruptcy would have been taxable under state law is still taxable. In re Sims (1902), W. Dist. Ga., Speer, J., 9 A. B. R., 162. Lien of landlord for rent under Delaware law is entitled to priority In re Mitchell (1902), Dist. of Del., Bradford, J., 116 Fed., 87. 208 DEBTS WHICH MAYBE PROVED. [63a. Landlord given prior claim for rent tinder Pennsylvania lav.-. In re Duble (1902), Middle Dist. Pa., Archbald, J., 117 Fed., 794; 9 A. B. R., 121. Claim for trust fund not entitled to priority unless the fund can be traced to the estate of the bankrupt in the hands of the trustee. In re Marsh (1902), Dist. of Conn., Platt, J., 116 Fed., 396; 8 A. B. R., 576. Claim for rent accruing after bankruptcy not a provable claim notes given therefor invalid for lack of consideration. In re Hays, Foster & Ward (1902), W. Dist. Ky., Evans, J., 117 Fed., 879; 9 A. B. R., 144. Labor claims allowed priority by state statute protected by this clause and not limited by b (4.) In re Slomka (1902), S. Dist. N. Y., Adams, J., 117 Fed., 688; 9 A. B. R., 124. Contingent claim agreement by divorced man to pay his wife for her and the children's support until certain events or her remarriage or until the children arrive at maturity is not provable. Dunbar v. Dunbar (1901), Sup. Ct. Mass., Barber, J., 180 Mass., 170. Claims for damages for failure to deliver ice according to contract are provable. In re Stern (1902), C. C. A., 2nd Cir., Townsend, J., 116 Fed., 604; 8 A. B. R., 569. An attorney's fee stipulated for in an unmatured note is not a provable claim. In re Gaslington (1902), N. Dist. Texas, Meek, J., 115 Fed., 999; 8 A. B. R., 602. Judgment more than ten years old not a provable claim in North Caro- lina. In re Farmer (1902), E. Dist. N. C., Purnell, J.. 116 Fed., 763; G A. B. R., 19. Demand for conversion of property not a provable debt. Specifica- tions in this section not extended except by necessary construction. Watertown Carriage Co. v. Hall (1902), Sup. Ct. N. Y., Smith, J., 75 N. Y., App. Div., 201. Right of landlord to proceed with a dispossessing warrant and as an incident thereto to obtain a judgment for double rent is not affected by a discharge of the tenant in bankruptcy obtained during pendency of the dispensary proceedings as such a claim is not provable debt. Hamilton v. McCrosky (1900), Sup. Ct. Ga., Lewis, J., 112 Ga., 651. A sublessee of the bankrupt has no claim provable babed on an action or breach of covenant for quiet enjoyment having been evicted by the landlord after bankruptcy. In re Pennewell (1902), C. C. A., 6th Cr., Severens, J., 119 Fed., 139. Liability of bankrupt as endorser of a note not provable unless notice of protest duly given. In re Edson (1902), Dist. W. V., Wheeler, J.,.119 Fed., 487. 63b.] DEBTS WHICH MAY BE PROVED. 209 Wife's contract with bankrupt husband for her services not basis for claim. In re Kaufmann (1900), E. Dist. N. Y., Thomas, J., 104 Fed., 768; 5 A. B. R., 104. (5) [Judgment after filing petition.] Founded upon provable debts reduced to judgments after the filing of the petition and before the consideration of the bankrupt's application for a discharge, less costs incurred and interests accrued after the filing of the petition and up to the time of the entry of such judgments. Judgment pending bankruptcy is provable debt less costs In re McBryde (1899), E. Dist. N. C., Purnell, J., 99 Fed., 686; 3 A. B. R., 729 ; 2 N. B. N., 345. Entry of judgment between adjudication and discharge for less amount that the debt does not forfeit the difference; full claim allowed in bank, ruptcy. In re Pinkell (1899), N. Dist. N. Y., Hotchkiss, R., 1 N. B. N., 138; 1 A. B. R., 333. b [Unliquidated claims.] Unliquidated claims against the bankrupt may, pursuant to application to the court, be liquidated in such manner as it shall direct, and may thereafter be proved and allowed against his estate. Unliquidated claim not provable until it is first liquidated under directions. In re Cushing( 1901) , W. Dist. N. Y., Moss, R., 6 A. B. R., 22. Claim for wages on contract for future employment basis of computa- tion. In re Silverman Bros. (1899), W. Dist. Mo., Phillips, J., 97 Fed., 325; 4 A. B. R., 83; 2 N. B. N., 760. Claim for taxes has priority and should be paid as claim prior to se- cured creditors. In re Hilberg (1901), W. Dist. Pa., Mears, R..6A. B. R., 714. An action for damages by father for seduction of daughter is provable debt and barred by discharge. In re Sullivan (1899), N. Dist. N. Y., Hotchkiss, R., 2 A. B. R., 30; 1 N. B. N., 380. A claim not due or owing at the filing of the petition not provable. In re Burka (1900), E. Dist Mo., Adams, J., 104 Fed., 326; 5 A. B. R., 12. Breach of contract to marry is a provable debt. In re Fife (1901), W. Dist. Pa., Buffington, J., 109 Fed., 880; 6 A. B. R., 258. An undischarged bankrupt can prove claim arising since his adjudica- 210 DEBTS WHICH HAVE PRIORITY. [64a. tion against another bankrupt's estate. In re Smith (1899), Hotchkiss; R., N. Dist. N. Y., 1 A. B. R., 37. Claim by wife is provable in state court where disability of married woman to own property separately has been removed. In re Neiman (1901), E. Dist. Wis., Seaman, J., 109 Fed., 113; 6 A. B. R., 329. A creditor is one who owns a demand or claim provable in bankruptcy; claims for tort not liquidated not provable and owner not creditor. Beers v. Hamlin, (1900) Dist. Ore., Bellinger, J., 99 Fed., 695; 3 A. B. R., 745. Whether a debt is provable or not turns on its status at the time of filing the petition. In re Bingham (1899), Dist. Vt., Wheeler, J., 94 Fed., 796; 2 A. B. R., 223; 1 N. B. N., 351. An unliquidated claim for tort for injuries to a person not provable under section 63. In re Yates (1902), N. Dist. Cal., DeHaven, J., 114 Fed., 365; 8 A. B. R., 69. SEC. 64. DEBTS WHICH HAVE PRIORITY. a [Taxes.] The court shall order the trustee to pay all taxes legally due and owing by the bankrupt to the United States, State, county, district, or municipality in advance of the payment of dividends to creditors, and upon riling the receipts of the proper public officers for such payment he shall be credited with the amount thereof, and in case any question arises as to the amount or legality of any such tax the same shall be heard and determined by the court. For analogous provisions, see Sec. 62, Act of 1800; Sec. 5, Act of 1841, and Sec. 28, Act of 1867. Taxes on exempt property payable by trustee out of general fund. JnreTilden (1899), S. Dist. la., Woolson, J., 91 Fed., 500; 1A. B. R., 300. A judgment not a lien held not a prior claim. In re Wood (1899), E. Dist. N. C., Purnell, J., 95 Fed., 946; 2 A. B. R., 695; 1 N. B. N., 430. Taxes on exempt property to be paid out of assets. In re Baker (1899) , E. Dist. Texas, Hurley, R., 1 A. B. R, 526; 1 N. B. N., 202. Taxes which are a prior secured lien on real estate will not be paid out of the general fund, so as to benefit the mortgagee. In re Veitch (1900), Dist. Conn., Townsend, J., 101 Fed., 251; 4 A. B. R., 112. Taxes chargeable on life estate of bankrupt advanced by remainder- 64b.] DEBTS WHICH HAVE PRIORITY. 211 man should be refunded by trustee. In re Force (1900), Dist. Mass., Farmer, R., 4 A. B. R., 114. Iowa "Mulct" is not a tax but a license, and not a preferred claim. In re Ott (1899), S. Dist. la., Woolson, J., 95 Fed., 274; 2 A. B. R., 637; 1 N. B. N., 294. b [Order of payment.] The debts to have priority, except as herein provided, and to be paid in full out of bankrupt estates, and the order of payment shall be (1) [Costs of preserving estates.] The actual and nec- essary cost of preserving the estate subsequent to filing the petition ; As to costs in involuntary cases, see Gen. Ord. XXXIV. Attorneys' fees for bankrupt's lawyer allowed only for actual services. In re Terrill (1900), Dist. Vt., Wheeler, J., 100 Fed., 778; 4 A. B. R., 625. Attorney's fee not allowed bankrupt out of assets collected by trustee, which had been fraudulently transferred. In re O'Connell (1899), S. Dist. N. Y., Brown, J., 98 Fed., 83; 3 A. B. R., 422; 2 N. B. N., 237. Clerk in store has priority of payment for his claim for wages, but not where he loaned his full wages to the bankrupt. In re Flick (1900), S. Dist. Ohio, Thompson, J., 105 Fed., 503; 5 A. B. R., 465. This section is a rule of priority and does not over-ride the provisions of sections 5 (f) and (h). In re Daniels (1901), Dist. R. I., Brown, J., 110 Fed., 745; 6 A. B. R., 699. (2) [Filing fees Expense of creditors.] The filing fees paid by creditors in involuntary cases, *and, where property of the bankrupt, transferred or concealed by him either before or after the filing of the petition, shall have been recovered for the benefit of the estate of the bankrupt by the efforts and at the expense of one or more creditors, the reasonable expenses of such recovery ;* As amended by Act of 1903. See Amendment, page , post. New matter between stars. As to filing fees, see Sec. 5 la. (3) [Costs of administration.] The cost of administra- tion, including the fees and mileage payable to witnesses 212 DEBTS WHICH HAVE PRIORITY. [64b. as now or hereafter provided by the laws of the United States, and one reasonable attorney's fee, for the profes- sional services actually rendered, irrespective of the number of attorneys employed, to the petitioning creditors in involuntary cases, to the bankrupt in involuntary cases while performing the duties herein prescribed, and to the bankrupt in volutary cases, as the court may allow ; Fee of bankrupt's attorney of $25 allowed for preparing schedules. In re Carolina Cooperage Co. (1899), E. Dist. N. C., Purnell, J., 96 Fed., 950; 3 A. B. R., 154; 2 N. B. N., 23. The services of the bankrupt attorney for which allowance should be made, are not necessarily of direct benefit to the estate. In re Kross (1899), S. Dist. N. Y., Brown, J., 96 Fed., 816; 3 A. B. R., 187; 1 N. B. N., 566. Fees allowed attorney of creditors who opposed claims of other credi- tors, trustee refusing to act. In re Little River Lumber Co, (1900), W Dist. Ark. Rogers, J., 101 Fed., 558; 3 A. B. R., 682; 1 N. B. N., 306. Notice to creditors not essential before allowing fees to counsel for bankrupt or trustee. In re Stotts (1899), S. Dist. la., Woolson, J., 93 Fed., 438; 1 A. B. R., 641; 1 N. B. N., 326. The bankrupt's attorney may be allowed fees in involuntary cases for services for drawing schedules, making copies of the same and expenses of attending before referee, etc. In re Michel (1899), E. Dist. Wis., Jones, R., 1 A. B. R., 665; 1 N. B. N., 265. Where mortgaged chattels are sold by trustee free from liens and amount realized not enough to satisfy mortgage debt, the fees of bank- rupt's attorney cannot be allowed. In re Frick (1899), N. Dist. Ohio, Fay, R., 1 A. B. R., 719; 1 N. B. N., 214. Seventy- five dollars a reasonable fee for bankrupt's attorney; no special benefit accruing to the trustee after trustee appointed creditors, attorney not allowed fees. In re Silberman & Schoor (1899), S. Dist. N. Y., Brown J., 97 Fed., 325; 3 A. B. R., 227; 2 N. B. N., 18. Allowance of fee for bankrupt's attorney not forfeited by subsequent misconduct of the bankrupt. In re Mayer (1900), E. Dist. Wis., Seaman, J., 101 Fed., 227; 4 A. B. R., 238; 2 N. B. N., 257. Services of attorney must be such as inure to the benefit of the estate and not personally to the bankrupt. In re Mayer (1900), E. Dist. Wis., Seaman, J., 101 Fed., 227; 4 A. B. R., 238; 2 N. B. N., 257. Twenty- five dollars per day for examination and fifty dollars for pre- 64b.] DEBTS WHICH HAVE PRIORITY. 213 paring schedules allowed attorney for bankrupt. In re Mayer (1900), E. Dist. Wis., Seaman, J., 101 Fed., 227; 4 A. B. R., 238; 2 N. B. N., 257. Attorney for receiver who is also attorney for creditors of bankrupt cannot be allowed for services. In re Kelly Dry Goods Co. (1900), E. Dist. Wis., Seaman, J., 102 Fed., 747; 4 A. B. R., 528. Rent incurred by the trustee is an expense of administration and entitled to priority. In re Grimes (1899), W. Dist. N. C., Ewart, J., 96 Fed., 529; 2 A. B. R., 730; 1 N. B. N., 426. In involuntary cases attorneys' fees may be allowed the bankrupt's attorney for services rendered the bankrupt while performing statutory duties no allowance for preparing schedules and petition allowance entirely within the jurisdiction of the court. In re Averill (1899), N. Dist. Ohio, Remington, R., 1 N. B. N., 544. On sale of mortgaged property by a trustee on request of mortgagee, attorney fee not allowed as on foreclosure. In re Roche (1900), C. C. A., 5th Cir., 101 Fed., 956; 4 A. B. R., 369. Attorney's fee allowed for filing petition for an injunction but not for sending notices, attending meetings and contesting claims, nor for pro- curing bids. In re Harrison Mer. Co. (1899), Dist. Mo., Phillips, J., 95 Fed., 123; 2 A. B. R., 419; 1 N. B. N., 382. In a voluntary proceeding attorney's services are a general debt to be proved as other debts, but where services preserve the estate they are a prior claim. In re Beck (1899), S. Dist. la., Woolson, J., 92 Fed., 889; 1 A. B. R., 535; 1 N. B. N., 338. The fee allowed classed b-3 is prior lien of landlord for rent. In re Duncan (1899), N. Dist. Tex., Meek, J., 2 A. B. R., 321; 1 N. B. N., 339 In general in assignment preceding bankruptcy no allowance made assignee for services custodian's fee allowable. In re Peter Paul Book Co. (1900) , W. Dist. N. Y., Hazel, J., 104 Fed., 786; 5 A. B. R., 105. No fee allowed attorney for creditor in a voluntary case. The fee for attorney of bankrupt must be determined by the size of the estate. In re Smith (1901), W. Dist. N. C., Purnell, J., 108 Fed., 39; 5 A. B. R., 559. Order of priority in distribution is to be governed by equity rules in contest between claimants. In re Burke (1901), N. Dist. Ohio, Remington, ington, R., 6 A. B. R., 502. Fees for bankrupt's attorney for services in procuring discharge not allowable. In re Brundin (1901), Dist. Minn., Lochren, J., 112 Fed., 306; 7 A. B. R., 296. Expenses of referee including clerk hire, fall within this section. In re Tebo (1900), Dist. W. Va., Jackson J., 101 Fed., 419; 4 A. B. R., 235. 214 DEBTS WHICH HAVE PRIORITY. [64b. Allowance of counsel fees rests largley within the discretion of referee, Idem. Costs of administration take precedence of specific liens. Idem. Only one fee allowed for bankrupt's attorney, although individual partners are represented by separate counsel. In re Eschwege & Cohn (1902), S. Dist. N. Y., Willis, R., 8 A. B. R., 282. Attorney's fee for bankrupt discretionary to delay allowance of, await- ing evidence as to value of. In re Dreebin (1900), Dist. Tex., Meek., J., 101 Fed., 110; 4 A. B. R., 146. Costs of attachment incurred before bankruptcy allowed as a prior claim. In re Lewis (1900), Dist. Mass., Lowell., J. 99 Fed., 935; 4 A. B. R., 51; 1 N. B. N., 556. Allowance of attorney's fees for petitioning creditor reduced from $12,500 to $2,000. In re Curtis (1900), C. C. A., 7th Cir., Jenkins, J., 100 Fed., 784; 4 A. B. R., 17. Reasonableness of attorney's fees in the discretion of the court gov- erned by the circumstances of the case. In re Burrus (1899) , Dist. W. Va. Jackson J., 97 Fed., 926; 3 A. B. R., 296. (4) [Employes' wages.] Wages due to workmen, clerks, or servants which have been earned within three months before the date of the commencement of proceedings, not to exceed three hundred dollars to each claimant ; and Salary of a managing director is not a preferred claim. In re Grubbs- Wiley Grocery Co. (1899), Dist. Mo., Rathbun, R., 2 A. B. R., 442; 1 N. B. N., 381. Creditors must prove their claims before they can petition for prefer- ence. In re Ogles, W. Dist. Tenn., Walker, R., 2 A. B. R., 514; 1 N. B. N., 400. Wages blended with contract emp loying capital and machinery not a prior claim. In re Rose (1899), N. Dist. Ohio, Hunter, R., 1 A. B. R. 68; 1 N. B. N., 212. Wages earned after filing the petition in bankruptcy entitled to prior- ity under clause B(4). In re Gerson (1899), E. Dist. Penn., Mason, R., 1 A. B. R., 251; 1 N. B. N., 190. The limitation as to time and amount must prevail. B (5) held to re- late to other and different debts. In re Rouse Hazard & Co. (1899), C. C. A., 7th Circuit, 91 Fed., 96; 1 A, B. R., 234; 1. B. N., 75. traveling salesman does not come under this clause. In re Scaniaa 64b.] DEBTS WHICH HAVE PRIORITY. 215 Co. (1899), Dist. Ky., Evans, J., 97 Fed., 547; 3 A. B. R., 202; 2 N. B. N., 58. Traveling salesman's wage not entitled to priority. In re Greenewald & Co. (1900), E. Dist. Penn., McPherson, J., 99 Fed., 705; 3 A. B. R., 696; 2 N. B. N., 791. Assignee of wage claim not entitled to priority. In re Westlund, 1899) Dist. Minn., Lochren, J., 99 Fed., 399; 3 A. B. R., 646. Where mortgaged chattels are ordered sold free from lien of mort- gagee and amount realized is not enough to satisfy the mortgage debt, wages will not be paid out of proceeds. In re Frick (1899), N. Dist. O. Fay, R., 1 A. B. R., 719; 1 N. B. N., 214. Priority of a wage claim not lost by merging it in a judgment. In re Anson (1900), N. Dist. Cal., DeHaven, J., 101 Fed., 698; 4 A. B. R., 231; 2 N. B. N., 567. Labor claims prior to specific liens. In re Tebo, (1900) , Dist. W. Va., Jackson, J., 101 Fed., 419; 4 A. B R., 235. Wage claims assigned after bankruptcy have priority in assignee's hands. In re Campbell (1900), E. Dist. Wis., Seaman, J., 102 Fed., 686; 4 A. B. R., 535. Commissions due as wages not entitled to priority. In re Mayer (1900), Dist. Wis., Seaman, J., 101 Fed., 227; 4 A. B. R., 119; 2 N. B. N., 257. President of bankrupt corporation cannot claim salary as prior claim. In re Carolina Cooperage Co. (1899), E. Dist. N. Car., Purnell, J., 96 Fed. 950; 3 A. B. R., 154; 2 N. B. N., 23. Wage claims assigned after bankruptcy have priority in assignee's hands. In re Campbell (1900), E. Dist. Wis., Seaman, J., 102 Fed., 686; 4 A. B. R., 535. Priority given to traveling salesman in Washington under provision of state law. In re Lawlor (1901), Dist. Wash., Hanford, J., 110 Fed., 135; 6 A. B. R., 184. Sale by trustee free and clear of liens will require the trustee to pay tax liens. In re Keller (1901), N. Dist. la., Shiras, J., 110 Fed., 348; 6 A. B. R., 351. Wage claim comes under clause b. 4, not under clause b. 5. In re Shaw (1901), E. Dist. Penn. McPherson, J., 109 Fed., 780; 6 A. B. R., 501. Contract of employment for a term unexpired at the time of bank- ruptcy does not entitle employe to prove claim for the balance of the unexpired term. In re Silver-man Bros, (1899), West Dist. Mo., Critten- den, R., 2 A. B. R., 15; 1 N. B. N., 286. 216 DEBTS WHICH HAVE PRIORITY. [64b. (5) [Debts to persons entitled to priority.] Debts owing to any person who by the laws of the States or the United States is entitled to priority. Debts due the United States prior, Sec. 3,466 Rev. St. of U. S. Debts created by misappropriation not entitled to priority. Credi- tors who are entitled to priority lose their privilege by suffering the es- tate to be distributed without protest. Claflin, etc. Co. v. Eason, Trus- tee, (1899), E. Dist. Tex., White, R., 2 A. B. R., 263; 1 N. B. N., 360. A claim due a county for wages of its convicts is provable and being a preferred claim under the State Law, is so in bankruptcy. In re Wright, et al. (1899), Dist. Mass., Lowell, J., 95 Fed., 807; 2 A. B. R., 592; 1 N. B. N., 428. By Penn. law landlord's lien is a prior claim even for future rent. In re Goldstein (1899), W. Dist. Penn., Van Wormer, R.; 2 A. B. R., 603; 1 N. B. N., 422. Judgments for fines on criminal proceedings recovered by the State are not preferred claims. In re Alderson (1900), Dist. W. Va., Jackson, J., 98 Fed., 588; 3 A. B. R., 544. Bankrupt act recognizes liens as fixed by state law limitation of time for filing such claims governed by the U. S. law. In re Fall City Shirt Mfg. Co. (1899), Dist. Ky., Evans, J., 98 Fed., 592; 3 A. B. R., 437; 1 N. B. N., 565. Commissions are payable on claims having priority. In re Gerson (1900), E. Dist. Penn., Mason, R.; 4 A. B. R., 480; 2 N. B. N., 860. No priority of claim allowed where trust funds were commingled by bankrupt so as identity is lost. idem. A broker borrowed money on collateral left with him, which was sold by his creditor becoming bankrupt. No priority of claim allowed the depositor. In re Swift (1901), Dist. Mass., Olmstead, R.; 5 A. B. R., 232. Claim for rent given priority under Penn. statutes. Applies only to rent accruing prior to date of adjudication. Reasonable rent during trustee's occupancy allowed. In re Cronson (1899), W. Dist. Penn., 1 N. B. N., 474. Debt due a county for convict labor a preferred claim. In re Wor- cester County (1900), C. C. A., First Cir., Putnam, J., 102 Fed., 808; 4 A. B. R., 496. Lien for laborer's wages secured by Ohio statute preserved in bank- ruptcy. In re Coe-Powers & Co. et al. (1901), C. C. A., 6th Cir., Day J., 109 Fed., 550; 6 A. B. R., 1. 65 a.] DECLARATION AND PAYMENT OF DIVIDENDS. 217 Wage claims may be given preference tinder this clause or State law may give and control. In re Lawlor (1901), Dist. Wash., Hanford, J., 6, 110 Fed., 135; 6 A. B. R., 184. Where the state law gives debt due by guardian a priority it will be respected as such in bankruptcy. In re Crow (1902), W. Dist. Ky., Dean, R.; 7 A. B. R., 545. Insolvency law in State in force for purpose of determining priority. In re Daniels (1901), Dist. R. I., Brown, J., 110 Fed., 745; 6 A. B. R., 699. Lien claims under Va. law for supplies discussed. Insurance by mortgagor does not inure to benefit mortgagee or lienor unless by contract. In re West Norfolk Lumber Co. (1902), East Dist. Va., Waddill, J., 112 Fed., 759; 7 A. B. R., 648. (c) [After composition set aside or discharge revoked.] In the event of the confirmation of a composition being set aside, or a discharge revoked, the property acquired by the bankrupt in addition to his estate at the time the compo- sition was confirmed or the adjudication was made shall be applied to the payment in full of the claims of creditors for property sold to him on credit, in good faith, while such composition or discharge was in force, and the residue if any, shall be applied to the payment of the debts which were owing at the time of the adjudication. As to revocation of discharge see ante Sec. 15; as to setting aside a com- position see ante Sec. 13, also Sec. 12. As to when compositions may be offered. For analogous provisions of Act of 1800, see 29 and 30 of that act; of Act of 1841, see Sec. 10 of that act; also Sees. 27 and 28 of Act of 1867. SEC. 65. DECLARATION AND PAYMENT OF DIVIDENDS. a [On allowed claims.] Dividends of an equal per cen- tum shall be declared and paid on all allowed claims, ex- cept such as have priority or are secured. See Sec. 64 and note as to debts which have priority. Discussion of word "dividend" in re Fielding (1899), W. Dist. Mo., Phillips, J., 96 Fed., 800; 3 A. B. R., 135; 2 N. B. N., 735. 218 DECLARATION AND PAYMENT OF DIVIDENDS. [65bc. b [First and subsequent dividends.] The first dividend shall be declared within thirty days after the adjudication, if the money of the estate in excess of the amount neces- sary to pay the debts which have priority and such claims as have not been, but probably will be, allowed equals five per centum or more of such allowed claims. Dividends subsequent to the first shall be declared upon like terms as the first and as often as the amount shall equal ten per centum or more and upon closing the estate. Dividends may be declared oftener and in smaller proportions if the judge shall so order : ^Provided, That the first dividend shall not include more than fifty per centum of the money of the estate in excess of the amount necessary to pay the debts which have priority and such claims as probably will be al- lowed: And provided further, That the final dividend shall not be declared within three months after the first dividend shall be declared.* As amended by act of 1903. See amendment page Post. New matter found between stars. Commissions may be paid referees and trustees on money paid out on, first, unsecured debts; second, on commissions; third, on the surplus to the bankrupt after all creditors are paid in full, but not on payments on claims entitled to priority ; if secured creditor submits his security to the bankruptcy court and receives his due, commission should be allowed en amount paid. In re Sabine (1899), N. Dist. N. Y., Hotchkiss, R..1A. B. R., 322; 1 N. B. N., 312. The referee should hold back from the amount of the first dividend enough to cover expenses of administration and to cover such claims as he has intimation will probably be presented and allowed. Attorneys have a right to priority out of any funds that may be in the hands of trustee at the time claim is allowed. In re Scott (1899), E. Dist. Tex., Meek, J., 96 Fed., 607; 2 A. B. R., 324; 1 N. B. N., 353. Dividend defined. In re Barber (1899), Dist. Minn., Lochren, J., 97 Fed., 517; 3 A. B. R.. 306; 1 N. B. N., 559. c [Claims filed subsequent to payment of dividends.] The rights of creditors who have received dividends, or in whose favor final dividends have been declared, shall not be 66ab.] UNCLAIMED DIVIDENDS. 219 affected by the proof and allowance of claims subsequent to the date of such payment or declarations of dividends ; but the creditors proving and securing the allowance of such claims shall be paid dividends equal in amount to those already received by the other creditors if the estate equals so much before such other creditors are paid any further dividends. Money ready for distribution should be paid to creditors who have filed their claims. No money should be retained for schedule creditors who have not filed their claims. In re Stein (1899), Dist. Ind., Baker, J., 94 Fed., 124; 1 A. B. R., 662; 1 N. B. N., 339. d [When person adjudged bankrupt without the United States.] Whenever a person shall have been adjudged a bankrupt by a court without the United States and also by a court of bankruptcy, creditors residing within the United States shall first be paid a dividend equal to that received in the court without the United States by other creditors before creditors who have received a dividend in such courts shall be paid any amounts. e [Limit to amount collectable by claimant.] A claimant shall not be entitled to collect from a bankrupt estate any greater amount than shall accrue pursuant to the provis- ions of this Act. SEC. 66. UNCLAIMED DIVIDENDS. a [Payment into court.] Dividends which remain un- claimed for six months after the final dividend has been declared shall be paid by the trustee into court. b [Distribution after one year.] Dividends remaining unclaimed for one year shall, under the direction of the court, be distributed to the creditors whose claims have been allowed but not paid in full, and after such claims have been paid in full the balance shall be paid to the bank- 220 LIENS. [67 a. rupt: Provided, That in case unclaimed dividends belong to minors such minors may have one year after arriving at majority to claim such dividends. SEC. 67. LIENS. a [Claims which are not valid liens.] Claims which for want of record or for other reasons would not have been valid liens as against the claims of the creditors of the bankrupt shall not be liens against his estate. State law giving vendor of property the right to subject the same tu levy for purchase money gives no lien superior to the trustee. In re Wilkes, E. Dist. Ark., Trieber, J., 7 A. B. R., 574. No lien where purchase price of goods not secured by chattel mortgage. In re Tatem, Mann & Co., E. Dist. N. C., Purnell, J., 6 A. B. R., 426. Unrecorded chattel mcrtgage avoided as to trustee. In re Leigh Bros. Dist. Colo., Harrison, R., 2 A. B. R., 606; 1 N. B. N., 425. An unrecorded chattel mortgage is void as to creditors who became such between making and the filing of the same. In re Loud (1899), E. Dist. Mich., Davock, R., 1 N. B. N., 502. A mortgage executed more than four months prior to bankruptcy proceedings, but recorded in less than four months, is nevertheless a valid lien. In re Wright (1899) , N. Dist. Ga., Newman, J., 96 Fed., 187; 2 A. B. R., 364; 1 N. B. N., 381. Lien of a mechanic enforced provided he has complied with the statu- tory conditions. In re Kirby-Dennis Co., (1899), C. C. A., 7th Cir., Jenkins, J., 95 Fed., 116; 2 A. B. R., 402; 1 N. B. N., 399. A lien not perfected at the time of proceedings in bankruptcy is lost a trustee does not represent lien claimants as against unsecured creditors. Goldman, Beckman & Co. v. Smith (1899), Dist. of Ky., Durett, R., 2 A. B. R., 104; 1 N. B. N., 291. An unrecorded chattel mortgage avoided as to trustee. In re Leigh Bros. (1899), Dist. Colo., Harrison, R., 96 Fed., 806, 2 A. B. R., 606; 1 N. B. N., 526. This section and subdivisions c and f refers to existing liens, not those merged in judgment. Property sold and proceeds distributed before power of bankruptcy court invoked. Botts v. Hammond (1900), C. C. A., 4th Cir., Simonton, J., 99 Fed., 916; 3 A. B. R., 775. Mortgage liens facts establishing fraud. In re Steininger Mercan- tile Co. (1900), C. C. A.,5thCirct.,Pardee, J., 107 Fed., 669; 6 A. B. R., 68. 67 a.] LIENS. 22 J Purchaser having notice of insolvency of bankrupt not a bona fide purchaser within the meaning of the act. Brown v. Case, Sup. Jud. Ct., Mass., Lathrop, J., 61 N. E. t 279; 6 A. B. R., 744. Pledge without delivering or recording valid in Georgia and good against trustee trustee takes property as the innocent purchaser. Chattanooga Nat. Bank v. Rome Iron Co. (1900) Cir. Ct., Nor. Dist. Ga. Newman, J., 102 Fed., 755; 4 A. B. R., 441. A chattel mortgage which for want of re cording or refiling became invalid as to creditors is so invalid only as to judgment creditors, and good as against general creditors represented by the trustee. In re New York Economical Printing Co. (1901), C. C. A., 2nd Cir., Wallace, J., 110 Fed., 514; 6 A. B. R., 615. Trustee as against unrecorded conditional sale is in the position of a judgment creditor. Logan v. Nebraska Moline Plow Co (1902) , Sup. Ct. Neb., Day, J., 92 N. W., 129. Chattel mortgage given in good faith cannot be questioned by the trustee. In re Standard Laundry Co. (1902), C. C. A., 9th Cir., Hawley, J., 116 Fed., 476; 8 A. B. R., 538. Conditional sale void under state law as to creditors is void as to trustee all creditors of the bankrupt have the status through the trustee of attaching creditors, as well in voluntary as in involuntary cases. In re Fraizer (1902), W. Dist. Mo., Phillips, J., 9 A. B. R., 21. A conditional sale not allowed as a preferred claim where it appears that the claimant delivered goods to the bankrupt under contract for re- taining title, but the circumstances showed it to be a conditional sale. In re Robinson (1902), W. Dist. Mo., Phillips, J., 118 Fed., 471; 9 A. B. R., 180. Lien of chattel mortgage in Wisconsin which was not filed for record until after a general assignment is lost as to the trustee in bankruptcy subsequently appointed question of rights of trustee generally to assail mortgage defective as to creditors not determined. In re H. G. Andrae Co. (1902), E. Dist. Wis., Seaman, J., 9 A. B. R., 135. Unrecorded mechanic's lien not invalid where security given to secure former advances. Duplan Silk Co v. Spencer (1902), C. C. A., 3rd Cir., Gray, J., 115 Fed., 689; 8 A. B. R., 367. Trustee entitled to be substituted to rights of attachment creditors as party plaintiff. Patten v. Corley (1902), Sup. Ct. N. V., Bartlett, J., 8 A. B. R., 482. Trustee may be subrogated to rights of a creditor having judgment against bankrupt on note containing waiver of personal property exemp- tion. In re W. G. Jackson (1902), E. Dist. Pa., McPherson, J., 116 Fed , 46; 8 A. B. R., 594. 222 LIENS. [67 be. This section does not extend to a judgment or decree enforcing a pre* existing lien, but is confined to judgments creating liens. Metcalf v. Barker (1902), Sup. Ct. of U. S., Fuller, J., 9 A. B. R., 36. Sale on fraudulent representations as to solvency may be disaffirmed and goods recovered for trustee. In re Hamilton Furniture & Carpet Co. (1902), Dist. of Ind., Baker, J., 9 A. B. R., 65. A deed by a bankrupt to his mother who had no knowledge of his in- solvency is not affected by the bankruptcy act. Craft v. Morrow (1901) , Penn. County Court, Taylor, J., 25 Pa., Co., C. 487. A lien acquired by a creditor's bill on real estate allowed to stand- Arnold v. Trevianns (1903), Sup. Ct. N. Y., Jenks, J., 79 N. Y. Supp., 732. Trustee takes property subject to existing liens effect of mechanic's liens. South End Improvement Co. v. Harden (1902), Sup. Ct. N. J. (Eq.), Reed, J., 52 Atl., 1127. b [Trustee subrogated to rights of creditors.] When- ever a creditor is prevented from enforcing his rights as against a lien created, or attempted to be created, by his debtor, who afterwards becomes a bankrupt, the trustee of the estate of such bankrupt shall be subrogated to and may enforce such rights of such creditor for the benefit of the estate. Creditor's bill in state court long pending against bankrupt is not abated by bankruptcy. Trustee may intervene and pursue the remedy for benefit of general or secured creditors. Taylor v. Taylor et al (1900) , N. J. Chancery, Reed, J., 45 Atl., 440; 4 A. B. R., 211. Section 67 f applies to both voluntary and involuntary cases. In re; Vaughan (1899), S. Dist. N. Y., Brown, J., 97 Fed., 560; 3 A. B. R., 362. 2 N. B. N., 101. This section covers voluntary as well involuntary bankruptcies In re Richards (1899), C. C. A., 7th Cir., Jenkins, J., 96 Fed., 935; 3 A. B. R., 145; 2 N. B. N., 38. In conditional sale title goes to the trustee contract of sale that title remain in the vendor till paid is conditional. In re Rowland (1901) , N. Dist. N. Y., Coxe, J., 109 Fed., 869; 6 A. B. R., 495. c [Certain liens dissolved.] A lien created by or ob- tained in or pursuant to any suit or proceeding at law or in equity, including an attachment upon mesne process 67c.] LIENS. 223 or a judgment by confession, which was begun against a .person within four months before the filing of a petition in bankruptcy by or against such person shall be dissolved by the adjudication of such person to be a bankrupt if (1) [Defendant insolvent.] It appears that said lien was obtained and permitted while the defendant was insolvent and that its existence and enforcement will work a preference, or "Insolvency" defined. Sec. 1 (15). Preference defined Sec. 60 a. Knowledge of insolvency not necessary to be shown. In re Burrus (1899), W. Dist. Va., Jackson, J., 97 Fed., 926; 3 A. B. R., 296. Proceeds of execution in the hands of the sheriff for levy inside of four months goes to the trustee. In re Tenney, S. Dist. N. Y., Brown, J., 97 Fed., 554; 3 A. B. R., 353; 2 N. B. N., 140. Lien acquired more than four months prior not affected by bank- ruptcy proceedings. In re Dunavant (1899), E. Dist. N. C., 96 Fed., 542; 3 A. B. R., 41; 1 N. B. N., 542. Mechanic's lien in N. Y. obtained for antecedent debt is dissolved by petition filed within four months after notice of lien filed. In re Emslie & Son (1900), S. Dist. N. Y., Brown, J., 102 Fed., 291; 3 A. B. R., 516; 2 N. B. N., 324. The time of the entry of the judgment, not the time of giving the note counted as to the validity of the lien. In re Richards] (1890), C. C. A., 7th Cir., Jenkins, J., 96 Fed., 935; 3 A. B. R., 145; 2 |N. B. N., 38. Mortgage of property shortly before bankruptcy avoided. In re McLam (1899), Dist. Vt., Wheeler, J., 97 Fed., 922; 3 A. B. R., 245. (2) [Knowledge of Insolvency.] The party or parties to be benefited thereby had reasonable cause to believe the defendant was insolvent and in contemplation of bankruptcy, or Costs and disbursements of an attachment suit pending against the bankrupt are not collectable out of the bankrupt's estate. In re Young (1899), E. Dist. N. Y., Thomas, J., 96 Fed., 606; 2 A . B. R., 673; 1 N. B. N. 428. (3) [Fraud trustee subrogated.] That such lien was sought and permitted in fraud of the provisions of this 224 LIENS. [67d. Act ; or if the dissolution of such lien would militate against the best interests of the estate of such person the same shall not be dissolved, but the trustee of the estate of such person, for the benefit of the estate, shall be subrogated to the rights of the holder of such lien and empowered to perfect and enforce the same in his name as trustee with like force and effect as such holder might have done had not bankruptcy proceedings intervened. Judgments obtained preferentially will be set aside and the sheriff be required to turn over to trustee all the proceeds of execution thereunder. Such creditors may, however, prove their claims as general creditors. In re Richard (1899), E. Dist. N. C., Purnell, J., 94 Fed., 633; 2 A. B. R., 506; 1 N. B. N., 487. Trustee subrogated to lien of a tt aching creditors and District Court held jurisdiction. In re Hammond (1899) , Dist. Mass., Lowell, J., 98 Fed.. 845; 3 A. B. R., 466. d [Liens given in good faith.] Liens given or accepted in good faith and not in contemplation of or in fraud upon this Act, and for a present consideration, which have been recorded according to law, if record thereof was necessary in order to impart notice, shall not be affected by this Act. See notes to e and f , post. Lien of mortgage creditor after foreclosure does not attach to the rents received by the trustee pending redemption, nor should the trustee be required to pay the taxes. In re Hollenfeltz (1899), N. Dist. la., Shiras, J., 94 Fed., 629; 2 A. B. R., 499; 1 N. B. N., 503. Statutory liens of landlord may be lost by mixing the claim -therefor, with other claims for which no lien is given. In re Wolf (1899), N Dist. la., Shiras, J., 98 Fed., 74; 3 A. B. R., 558; 2 N. B. N., 908. Chattel mortgage under Ohio law unrecorded becomes valid by re- cording against creditors who have not acquired liens in the interval. In re Schmitt, Dist. Ohio, Wing, J., 6 A. B. R., 150. Burden of proof of showing lien is on the creditor making the claim. In re Wood (1899), E. Dist. N. C., Purnell, J., 95 Fed., 946; 2 A. B. R., 695; 1 N. B. N., 430. Bankruptcy court has no power to issue injunction restraining mortga- 67d.J LIENS. 225 gees from foreclosing liens the liens to attach to the proceeds of the property sold in bankruptcy. In re Pittlekow (1899), E. Dist. Wis., Seaman, J., 92 Fed., 901; 1 A. B. R., 472; 1 N. B. N., 234. Court of bankruptcy may order property sold divested of all liens, the liens to be transferred to the proceeds. In re Worland (1899), N. Dist. la., Shiras, J., 92 Fed., 893; 1 A. B. R., 450; 1 N. B. N., 316. Lien of attachment obtained within four months of filing a petition is annulled by proceedings in bankruptcy even if suit was begun more than four months prior to proceedings. In re Friedman (1899), S. Dist. N. Y., Holt, R.; 1 A. B. R., 510; 1 N. B. N., 208. District court will extend equity powers to enforce state liens wages preferred by state law superior to landlord's lien. In re Byrne & Co. (1899), S. Dist. la., Shiras, J., 97 Fed., 762; 3 A. B. R., 268; 2 N. B. N., 246. Landlord has no lien for overdue rent under Penn. statute. In re Rupple (1899), W. Dist. Penn., Buffington, J., 97 Fed., 778; 3 A. B. R., 233 ; 2 N. B. N., 88. Fictitious sales for increasing the business of a corporation are con- trary to public policy and parties thereto cannot irlaintain liens thereon in bankruptcy. In re Fort Wayne Electric Corp. (1899), Dist. Ind., Baker, J., 95 Fed., 264; 2 A. B. R., 503; 1 N. B. N., 356. Bankruptcy does not affect liens given by local law. In re Oconee Milling Co. (1901), C. C. A., 5th Cir., 109 Fed., 866; 6 A. B. R., 475., Where there is no value to the estate for creditors from the proceed- ings liens will not be adjudicated in bankruptcy. In re Gibbs (1901), Dist. Vt., Wheeler, J., 109 Fed., 627; 6 A. B. R., 485. Withholding chattel mortgage from record is not per se proof of fraud and mortgage is good from date of record. In re Shirley (1901), C. C. A., 6th Cir., Day, J., 112 Fed., 801; 7 A. B. R., 299. If a transferee has reasonable cause to believe that a preference was intended by making the transfer it will be void. In re Jacobs (1899). W. Dist. La., Jones, R., 99 Fed., 539; 1 A. B. R., 518; 1 N. B. N., 183. Idem. Section 60 and 67 e. of the Act construed and compared. Idem. Transferee has reasonable cause to suspect a preference when slight- est inquiry would inform him as to the facts. Idem. Tailor who has taken goods from the bankrupt to make up on the piece plan, held to have a lien on the goods as against the trustee. In re Lowensohn (1900), S. Dist. N. Y., Brown, J., 100 Fed., 776; 4 A. B. R., 79; 2 N. B. N., 71. 226 LIENS. [67(1: Chattel mortgage void for uncertainty which describes stock of mer- chandise merely as such. Stroudv. Me Daniel (1901), C. C. A., 4th Cir., Pumell, J., 106 Fed., 493; 5 A. B. R., 695. Costs of administration and wage claims prior to specific liens. In re Tebo (1900), Dist. W. Va., Jackson, J., 101 Fed., 419; 4 A. B. R., 235. Lien relinquished by creditor of a bankrupt under mistake of law or fact may be restored if without loss to the estate. In re Swift (1900) , Dist. Mass., Lowell, J., 5 A. B. R, 232. The rights of a mortgagee to foreclose a chattel mortgage are not affected by bankruptcy of mortgagor. Harvey v. Smith (1901), Supreme Ct., Mass., Knowlton, J., 7 A. B. R., 497. Lien on property set aside as exempt must be adjudicated in other. courts. 7n re Little (1901), N. Dist. la., Shiras, J., HOFed., 621;6A.B. R., 681. Renewal of chattel mortgage within four months period is not for past consideration, and good in the absence of other intervening liens. In re Shepherd (1901), N. Dist. 111., Eastman, R., 6 A. B. R., 725. To rescind sale on ground of fraud there must be some known false misrepresentation on which seller of goods relied. In re Roalswick (1901) , Dist. Mont., Knowles, J., 110 Fed., 639; 6 A. B. R., 752. Lien given by state law on clothing sold by bankrupt is lost by neglect to have the same sold separately it is no lien on the general funds. In re Klopholtz & Brien (1902), E. Dist. Penn., McPherson, J., 113 Fed., 1002; 7 A. B. R., 703. Mortgage for present consideration is valid where mortgage was in good faith although the bankrupt used proceeds of loan to make prefer- ences. In re Soudans Mfg. Co. (1902), C. C. A., 7th Cir., Seaman, J., 113 Fed., 804; 8 A. B. R., 45. Discharge in bankruptcy does not affect liens on exempt property. Evans v. Rounsaville, Supreme Ct., Ga., Little, J., 8 A. B. R., 236; Smith v. Zachry (1902), Sup. Ct., Ga., Little, J., 8 A. B. R., 240. Lien of mortgage not affected by bankruptcy unless creditor proves his claim. Reed v. Equitable Trust Co. (1902), Sup. Ct., Ga., Lumpkin, J., Little, J., 8 A. B. R., 242. Pledge without delivery or recording valid in Georgia, good against trustee trustee takes property as the debtor had, subject to valid liens, not as an innocent purchaser. Bank v. Rome Iron Co. (1900), N. Dist. Ga., Newman, J., 4 A. B. R., 441. Mortgaged property may be sold free of liens and the mortgage tested as to its jurisdiction in bankruptcy to determine distinction between 67e.] LIENS. 227 Bardes v. Bank case. In re Kellogg (1902), W. Dist. N. Y., Hazel, J. f 112 Fed., 52; 7 A. B. R., 623. e [Conveyances within four months when void..] That all conveyances, transfers, assignments, or incumbrances of his property, or any part thereof, made or given by a person adjudged a bankrupt under the provisions of this Act subse- quent to the passage of this Act and within four months prior to the filing of the petition, with the intent and pur- pose on his part to hinder, delay, or defraud his creditors, or any of them, shall be null and void as against the creditors of such debtor, except as to purchasers in good faith and for a present fair consideration ; and all property of the debtor conveyed, transferred, assigned, orencumbered as aforesaid shall, if he be adjudged a bankrupt, and the same is not ex- empt from execution and liability for debts by the law of his domicile, be and remain a part of the assets and estate of the bankrupt and shall pass to his said trustee, whose duty it shall be to recover and reclaim the same by legal pro- ceedings or otherwise for the benefit of the creditors. And all conveyances, transfers, or incumbrances of his property made by a debtor at any time within four months prior to the filing of the petition against him, and while insolvent, which are held null and void as against the creditors of such debtor by the laws of the State, Territory, or District in which such property is situate, shall be deemed null and void under this Act against the creditors of such debtor if he be adjudged a bankrupt, and such property shall pass to the assignee (trustee) and be by him reclaimed and recovered for the benefit of the creditors of the bankrupt. *For the purpose of such recovery any court of bank- ruptcy as hereinbefore defined, and any state court which would have had jurisdiction if bankruptcy had not inter- vened shall have concurrent jurisdiction. As amended by Act of 1903, see amendment, page post. 228 LIENS. [67e. New and additional matter found between stars. As to jurisdiction of suits, see Sec. 11 and Sec. 23b ante. As to assignment, see Sec. 3 (4). General assignment is act of bankruptcy and voidable. In re Gray (1900), N. Y. Sup. Ct., Barrett, J., 3 A. B. R., 647. Section 67 e and Section 70 construed and compared. In re Gray (1900) , N. Y. Sup. Ct., Barrett, J., 3 A. B. R., 647. A preference is created by the pledge of property by the bankrupt shortly before bankruptcy, although the agreement therefor was more than four months antecedent to the filing of the petition. In re Sheridan (1899), E. Dist. Penn., McPherson, J., 98 Fed., 406; 3 A. B. R., 554. Sureties on appeal bond who receive mortgages to repay them for disbursements made on the defalcation of the bankrupt occupy no superior equitable position. In re Richards (1899), W. Dist. Wis., Bunn, J., 95 Fed., 258; 2 A. B. R., 518. Intent of the mortgagee immaterial, and if for post debt within the prohibited period, trustee may recover. Cullinane v. State Bank of Wa- verley (1902), Sup. Ct. Iowa, Bishop, J.; 91 N. W., 783. Claimants to property seized under an attachment within four months of the debtor's adjudication as a bankrupt, cannot, on mere motion to that end, secure the delivery of the property to them on the theory that the title was not in the debtor but in his trustee in bankruptcy. New Orleans Acid and Fertilizer Co. v. Grissom & Suggs (1901), Sup. Ct. Miss., Calhoun, J., 79 Miss., 662. Mortgage securing present advancements as well as antecedent debts creates a preference only as to the latter. In re Wolf (1899) , N. Dist. la., Shiras, J., 98 Fed., 84; 3 A. B. R., 555; 2 N. B. N., 908. Replevin by creditor for goods bought at a fraudulent sale discussed and the question of unliquidated damages and proceedingsto ascertain the same in bankruptcy outlined. In re Heinsfurter (1899), S. Dist. la., Woolson J., 97 Fed., 198; 3 A. B. R., 113; 1 N. B. N., 504. Bankruptcy court has jurisdiction of property pledged by the bank- rupt and will dispose of same subject to right of lienors. In re Cobb (1899), E. Dist. N. C., Purnell, J., 96 Fed., 821; 3 A. B. R., 129; 1 N. B. N., 557. Creditors receiving collateral within the four months must surrender the same as preferential. In re Cobb (1899), E. Dist. N. C., Purnell, J., 96 Fed., 821; 3 A. B. R., 129; 1 N. B. N., 557. Chattel mortgage given within the four months allowing the mort- gagor to retain possession and sell the goods mortgaged is void under the 67f.] LIENS. 229 bankruptcy law. In re Platts (1901), Dist. S. D., Garland, J., 110 Fed., 126; 6 A. B. R., 568. Chattel mortgage in part for antecedent debt void pro tanto. In re Ronk (1901), Dist. Ind., Baker, J., Ill Fed., 154; 7 A. B. R., 31. Conditional sale upheld in Kentucky. Title of trustee in bankruptcy same as that of the bankrupt. In re Sewell, E. Dist. Ky., Cochran, J., Ill Fed., 791; 7 A. B. R., 133. Where members of insolvent partnership divide the partnership assets between the members the agreement will be treated as void, and the assets held as firm assets. In re Head & Smith (1902) , W. Dist. Ark., Rogers, J., 114 Fed., 489; 7 A. B. R., 556. Bankruptcy court may enjoin assignee under general assignment from interfering with property assigned and may direct the marshal to take charge and hold such property pending adjudication. Davis v. Bohle et al. (1899), C. C. A., 8th Cir., Thayer, J., 92 Fed., 325; 1 A. B. R., 412; 1 N. B. N., 216. Bankruptcy court acquires jurisdiction the moment petition is filed and failure to issue the subpcEna within four months does not affect right to have preferential confessions of judgment set aside. In re Lewis & Bro. (1899), S. Dist. N. Y., Brown, J., 91 Fed., 632; 1 A. B. R., 458; 1 N. B. N., 556. Bankrupt court may order sale of bankrupt's property free of liens, Southern Loan & Trust v. Benbow (1899), W. Dist. N. C., Ewart, J., 96 Fed., 514, 3 A. B. R., 9; 1 N. B. N., 499. Wife's equitable interest in lands of the bankrupt husband which he conveyed to her before bankruptcy not fraud on creditors. In re Garner, N. Dist. Ga., Newman, J., 110 Fed., 123; 6 A. B. R., 596. This section applies to transfers, etc., other than money which were not made in good faith for present, fair consideration. Blakely v. Boonville Nat. Bank (1899), Dist. Ind., Baker, J., 95 Fed., 267; 2 A. B. R., 459; 1 N. B. N.,411. Judgment within the four months void aad trustee may recover of the plaintiff proof of insolvency at time of recovery necessary allegations in petition on which adjudication was had of such fact of insolvency is sufficient. Levor v. Seiter (1901), Sup. Ct. N. Y., Leventritt, J., 34 N. Y. Misc., 382. / [Liens created through legal proceedings.] That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, 230 LIENS. [67f. at any time within four months prior to the filing of a peti- tion in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt, and the property affected by the levy, judgment, attachment, or other lien shall be deemed wholly discharged and released from the same, and shall pass to the trustee as a part of the estate of the bankrupt, unless the court shall, on due notice, order that the right under such levy, judgment, attachment, or other lien shall be preserved for the benefit of the estate; and thereupon the same may pass to and shall be preserved by the trustee for the benefit of the estate as aforesaid. And the court may order such conveyance as shall be necessary to carry the purposes of this section into effect : Provided, That nothing herein contained shall have the effect to destroy or impair the title obtained by such levy, judgment, attachment, or other lien, of a bona fide pur- chaser for value who shall have acquired the same without notice or reasonable cause for inquiry. For method of computing time under this act, see Sec. 31 a and notes ante. Judgment within four months not void but merely the lien is annulled by the bankruptcy proceedings. In re Pease (1900), N. Dist. N. Y., Hotchkiss, R., 4 A. B. R., 547; 2 N. B. N., 1108. The trustee has only the rights of the bankrupt's creditors to all acts and transfers; such rights do not enable the trustee to defeat a prior attachment of creditors of transferee. In re Mullen (1900), Dist. Mass., 101 Fed., 413; 4 A. B. R., 224; 2 N. B. N., 701. Trustee may maintain action to set aside transfer made by a firm and its members of which he is trustee. Barber v. Franklin (1902), Sup. Ct. N. Y., Gildersleeve, J., 37 Misc., 292; 75 N. Y., Supp., 305; 8 A. B. R., 468. A chattel mortgage with permission for mortgagee to make sales of the property is void in South Dakota as to creditors and is void in bank- ruptcy. Elgin State Bank v. Rice (1902), C. C. A., 8th Cir., Lochren, J., 119 Fed., 107. Preferential conveyance six months old but recorded within four months is valid and not affected by the bankruptcy act. Miller v. Shiver (1900), Sup. Ct. Pa., Fell, J., 197 Pa. St., 191. 67f.] LIENS. Injunction to restrain attaching creditor and sheriff preliminary to ap- pointment of trustee is proper. In re Goldberg (1902), N. Dist. N. Y., Ray, J., 117 Fed., 692; 9 A. B. R., 156. This section applies to voluntary cases. Judgment transferred by a testatum fi fa to another county within the four months period comes under the statute so far as that new county is concerned. Mencke v. Rosen- berg (1902), Sup. Ct. Pa., Mestrezot, J., 202 Pa. St. Rep., 131; 9 A. B. R., 323. Execution on old judgment issued within the four months cannot be enjoined by bankruptcy court. White v. Thompson et al. (1903) , C. C. A., 5th Cir., 119 Fed., 868. Lien on seat in stock exchange held good though acquired within the four months no knowledge of insolvency being shown on part of claimant. Hutchinson v. Otis (1902), C. C. A., 1st Cir., Putnam, J., 115 Fed., 937; 8 A. B. R., 382. Claims for sheriff's fees for attachment within the four months period rendered void by bankruptcy. In re Jennings (1902), W. Dist. N. Y., Hotchkiss, R., 8 A. B. R., 358. Money paid to execution creditors before filing of petition within the four months does not come within this section. Levor v. Setter (1902) , Sup. Ct. N. Y., Patterson, J., 8 A. B. R., 459. Trustee should apply to the court granting the attachment for dissolu- tion of the attachment rendered void under this section. Hardt v. Schuylkill Plush & Silk Co. (1902), Sup. Ct. N. Y., Ingraham, J., 69 App. Div., 90; 74 N. Y. Supp., 549; 8 A. B. R., 479. Garnishment judgment void where made within the four months and garnishee ordered to pay into court the amount owing the bankrupt. In re Beals (1902), Dist. Ind., Baker, J., 116 Fed., 530; 8 A. B. R., 639. Levy made within the four months void, though judgment on which the execution issued more than six years old. In re Darwin (1902), C. C. A., 6th Cir., Day, J., 117 Fed., 407; 8 A. B. R., 703. Mechanic's lien sub-contractors held to have no right to. Ludowice Rooffing Tile Co. v. Penn. Inst. for the Blind (1902), C. C. E., Dist. Pa., Archbald, J., 116 Fed., 661; 8 A. B. R., 739. Lien of chattel mortgage inside of four months good only for that part of the consideration that was present. Stedman v. Bank of Monroe (1902) , C. C. A., 8th Cir., Lochren, J., 117 Fed., 237; 9 A. B. R., 4. The lien given by attachment or judgment on creditors' bill which is merged in the judgment is the lien here indicated by the statute and the four months commences with the date of the attachment and not of the judgment. Metcalf v. Barker (1902) , Sup. Ct. U. E., Fuller J., 9 A. B. R., 36. 232 LIENS. [67f. Lien filed after debtor is adjudged a bankrupt is void. Loggori v. Haven (1902), Sup. Ct. N. Y., Gildersleeve, J., 79 N. Y., Sttpp., 395. Loan given under a promise of a mortgage which was not delivered until subsequent and within four months is not a preference. Murray v. Beal (1901), Sup. Ct. Utah, Miner, J., 23 Utah, 548. Banker has no lien on deposits before maturity of notes. Pearsoll v. Nassau Nat. Bank (1902), Sup. Ct. N. Y., Jenks, J., 74 N. Y. App., Div., 89. Lien of execution on exempt property not divested by bankruptcy pro- ceedings where exemption law requires debtor to file schedule with officer within ten days ; he must do so irrespective of his filing petition in bank- ruptcy. Doyle v. Hall (1899), App. Ct. 111., 1st Dist., Horton, J., 86 111. App., 163. The effect of this clause is not felt where a lien by attachment was acquired more than four months before proceedings although the judg- ment was within the four months. Wakeman v. Throckmorton (1902), Sup. Ct. Conn., Baldwin, J., 51 Atl., 554. Trustee may bring trespass against constable who sold property after adjudication of bankruptcy of owner where the property had been seized on attachment within the four months. Wallal v. Camp (1901), Sup. Ct. Pa., Beaver, J., 200 Pa. St., 220. Judgment obtained within four months is void. Clause c does not limit f. National Bank and Loan Co. v. Spencer (1900), Sup. Ct. N. Y., Spring, J., 53 N. Y. App., Div., 547. Attachments within four months are good (1) where attachment action was brought without knowledge of the debtor; (2) the creditor had no knowledge of the insolvency of his debtor; (3) attachment is not predi- cated upon insolvency or attempts of the debtor to conceal and dispose of his property, and (4) the creditor no reason to believe his debtor con- templated bankruptcy. Ex parte Chase (1900), Sup. Ct., S. C. ; Pope, J.; 62 S. C., 353. Mortgagor who receives a discharge in bankruptcy pending foreclosure proceedings is not liable to a decree for deficiency. Prcntis v. RicJtard- son's estate (1898), Sup. Ct. Mich., Moore, J., 118 Mich., 259. Lien dissolved by bankruptcy proceeding stay of judgment. Pink- hard v. Willis & Bra. (1900), Sup. Ct. Tex., Gill, J., 24 Tex., Civ. App., 69. A foreign attachment dissolved by bankruptcy proceedings. Keeler v. Ft. Wayne Electric Co. (1899), Cir. Ct. la., Craig, J., 23 Pa. C. C., 637. Bankrupt may testify on behalf of his estate that conveyance made by 67f.] LIENS. 233 him was made when he knew himself to be in failing circumstances. Supple v. Hall (1902), Sup. Ct. Conn., Hamersby, J., 52 Atl., 407. Attachment lien levied more than four months before proceedings up- held. Stickney and Babcock Coal Co. v. Goodwin (1901), Sup. Ct. Me., Wiswell, J., 75 Me., 246. This section only affects liens against the trustee as to the rest of the world thus involved. Frazee et al. v. Nelson (1901), Sup. Ct. Mass., Mor- ton, J., 179 Mass., 456. Attachment within four months dissolved by bankruptcy proceedings. In re Kemp (1900), Dist. Colo., Hallet, J., 101 Fed., 689; 4 A. B. R., 242; 2 N. B. N., 565. The preferential giving of a mortgage within the four months with knowledge on the part of the mortgagee of the intent will be declared void and set aside by decree of the district court. In re Teague (1899), Dist. Ind., Baker, J., 2 A. B. R., 168; 1 N. B. N., 310. Lien by attachment within four months of adjudication vacated word "permitted" synonomous with "suffered," or "allowed." In re Arnold (1899), Dist. Ky., Evans, J., 94 Fed., 1001; 2 A. B. R., 180; 1 N. B. N., 334. Judgment levy in four months nullified and creditor compelled to return money in plenary suit. Levor v. Setter et al. (1901), N. Y. Sup. Ct., Leventritt, J., 5 A. B. R., 576. This section does not relate to judgments after petition but a stay of proceedings will be ordered. Kinmouth v. Brarutigan (1900) , N. Y. Sup. Ct., 46 Atlantic, 769; 4 A. B. R., 344. Suits under 67e may be brought in the Supreme Court of N. Y. Jones v. Schermerhorn (1900), Sup. Ct., N. Y., Adams, J., 53 N. Y. App. Div., 494. Where evidence does not show gross inadequacy of consideration by the purchaser, nor knowledge of insolvency, the purchaser is not open to attack. Dunlap v. Thomas (1902), Sup. Ct. Wash., White, J., 68 Pac., 909. Agreement to make payment out of a particular fund or to give a lien if done within the four months, is void. Torrence v. Winfield Nat. Bank (1903), Sup. Ct. Kans., Greene, J., 71 Pac., 235. Nothing need be shown except the fact of insolvency and subsequent adjudication. Severin v. Robinson (1901), App. Ct. of Ind., Wiley, J., 27 Ind. App., 55. Judgment procured after adjudication will not be vacated on motion in state court quaere. The bankrupt may deem the judgment void. Kin- mouth v. Braentigam (1900), Sup. Ct. N. J., Collins, J., 65 N. J. L., 165. 234 LIENS. [67f. Lien of workingmen on goods in their hands recognized. In re Lowen* sohn (1900), S. Dist. N. Y., Brown, J., 100 Fed., 776; 4 A. B. R., 79; 2 N. B. N., 871. This section does not include mechanic's liens. In re Emslie & Co. (1900), C. C. A., 2nd Cir., Wallace J., 98 Fed., 716; 4 A. B. R., 126; 2 N. B. N., 324. This clause (f) controls clause C lien obtained by legal proceedings within four months void. In re Rhoads 1899), W. Dist. Penn., Buffing- ton, J., 98 Fed., 399; 3 A. B. R., 380; 2 N. B. N., 301. This section applies only to involuntary cases. In re Easley, (1898) W. Dist. Va., Paul, J., 93 Fed., 419; 1 A. B. R., 715; 1 N. B. N., 230. Section f includes both voluntary and involuntary petitions. In re Dobson (1899), N. Dist. 111., Kohlsaat, J., 98 Fed., 86; 3 A. B. R., 420; 2N. B. N., 514. Mortgaged property should not be sold free of liens unless it appears that the sale will be for the benefit of the estate. In re Styer (1899), E. Dist. Penn., McPherson, J., 98 Fed., 290; 3 A. B. R., 424; 2 N. B. N., 205. A garnishee who has paid before bankruptcy proceedings is not to be disturbed. In re Sharp (1899), Dist. of Ky., Durett, R., 1 A. B. R., 379. Attachment issued in pending case within the four months rendered void by bankruptcy act. In re Higgins (1899), Dist. Ky., Evans, J., 97 Fed., 775; 3 A. B. R., 364; 1 N. B. N., 992. A mechanic's lien which is created by notice and which is given within the four months is avoided. In re Emslie & Sons, S. Dist., Brown, J., 98 Fed., 716; 3 A. B. R., 282; 2 N. B. N., 992. Lien of creditor disallowed, being part of a fraudulent transaction. In re Hugill (1899), N. Dist. O., 100 Fed., 616; 3 A. B. R., 686; 2 N. B. N., 433. Attachments levied within the four months and prosecuted to judg- ment set aside by bankruptcy court and proceeds taken by trustee; sum- mary proceedings and rule to show cause appropriate. Such creditors are not third parties claiming estate adversely. Bear & Co. v. Chase (1899), C. C. A., Waddill, J., 3 A. B. R., 746. General assignment held void as against trustee in bankruptcy pro- ceedings. In re Gutwillig (1899), C. C. A., Wallace, J., 92 Fed., 337; 1 A. B. R., 388; 1 N. B. N., 554. Lien of attachment within four months will not be destroyed by the adjudication of the defendant in bankruptcy where the action was begun 67f.] LIENS. 235 more than four months prior to the filing of the petition. The act looks to the beginning of the suit, hi re De Lue (1899), Dist. Mass., Lowell, J., 91 Fed., 510; 1 A. B. R., 387; 1 N. B. N., 555. The lien of an unrecorded chattel mortgage is good even as to creditors who gave credit after execution and before recording. In re Adams (1899) E. Dist. Mich., Swan, J., 97 Fed., 188; 2 A. B. R., 415; 1 JN. B. N., 530. Judgment as used in this section is sufficiently broad to include judg- ment of state court appointing a receiver and adjudication of bankruptcy nullifies such judgment. Mauran v. Crown Carpet Lining Co. (1901) , Sup. Ct. R. I., Rogers, J., 6 A. B. R., 734. Receiver holding property under appointment from state court en- titled to expenses and fees incurred before adjudication. Idem. This clause applies to voluntary and involuntary petitions. Brown v. Case, Sup. Jud. Ct., Mass., Lathrop, J., 61 N. E., 279; 6 A. B. R., 744. Adjudication defined, Sec. 1, Sub. (2). When a person is deemed to be insolvent, Sec. 1 (15). "f " of this section destroys and supersedes "c." In re Tune (1902), N. Dist. Ala., Jones, J., 115 Fed., 906; 8 A. B. R., 285. Adjudication in bankruptcy annuls a levy on attachment in state court on property claimed as exempt, even though there is waiver of ex- emption in judgment notes. In re Tune, N. Dist. Ala., Jones, J., 115 Fed., 906; 8 A. B. R., 285. Preferential payment is not shown where it was necessary to procure consent of landlord to effect a sale of the property and if sale was not made so much less would have been realized. In re Pearson (1899), S. Dist. N. Y., Brown, J., 95 Fed., 425; 2 A. B. R., 482; 1 N. B. N., 474. "f" applies only to involuntary petitions. " c " applies to either. If suit was commenced more than four months prior to the filing of the peti- tion the judgment will be a prior claim. In re Collins (1899), S. Dist. la., Sawyer, R., 2 A. B. R., 1 ; 1 N. B. N., 290. Title to property levied on by the sheriff on execution obtained within four months is rendered void by the adjudication, and the sheriff may by summary process be ordered to surrender the same. In re Francis Valen- tine (1899), N. Dist. Cal., Haven, J., 93 Fed., 953; 2 A. B. R., 188; 1 N, B. N., 532. "c" and "f " do not remove a mechanic's lien given by statute, but statutory provisions must be strictly complied with. In re Kerby-Denis Co. (1899), E. Dist. Wis., Seaman, J., 94 Fed., 818; 2 A. B. R., 218; 1 N. B. N., 399. Levy after passage of act on judgment recovered prior to the enact- 236 LIENS. [67f. ment vacated by the adjudication. In re Adams (1899), Moss, R., N. Dist. N. Y., 1 A. B. R., 94; 1 N. B. N., 167. Judgment obtained within the three months; lien thereof avoided by the act. In re Hopkins (1899), N. Dist. Ala., Turner, R., 1 A. B. R., 209; IN. B. N.,71. This section applies to both voluntary and involuntary bankrupts. In re Richards (1899), W. Dist. Wis., Bunn, J., 95 Fed., 258; 2 A. B. R., 518. Variations of the terms of promissory notes by agreement between parties without consideration void as against existing creditors. In re Powers (1899), Dist. Vt., Mott, R., 1 A. B. R., 432. Preferences within four months preceding adjudication are void and the plaintiff treated as an unsecured creditor. In re Huffman (1899), W. Dist. Penn., Myers, R., 1 A. B. R., 587; 1 N. B. N., 215. An attachment execution issued within four months prior to adjudica- tion is void. Peck Lumber Mfg. Co. v. Mitchell, Lackawanna Co. Ct., Common Pleas, Edwards, J., 1 A. B. R., 701; 1 N. B. N., 262. This section relates to voluntary as well as involuntary proceedings. Idem. Right to join under Section 59 exists only during pendency of case. Neustadter v. Chicago Dry Goods Co. (1899), Dist. Wash., 96 Fed., 830; 3 A. B. R., 96; 1 N. B. N., 552. To the same effect see Warden v. Columbus Electric Co. (1899), Dist. Ind., Baker, J., 96 Fed., 803; 3 A. B. R., 186. An attachment on mesne process in Vermont constitutes only an in- choate lien which is merged in the subsequent judgment, and if within four months of bankruptcy the lien is cut off. In re Johnson (1901). Dist. Vt., Wheeler, J., 108 Fed., 373; 6 A. B. R., 202. To avoid such liens it must appear the bankrupt was insolvent. Simp- son v. Van Etten, C. Ct., E. Dist. Penn., Dallas, J., 108 Fed., 199; 6 A. B. R., 204. Lien created by attachment more than four months old is not avoided. In re Blair (1901), Dist. Mass., Lowell, J., 108 Fed., 529; 6 A. B. R., 206. Referee has jurisdiction to order sale of property free and clear of liens. Construction of mechanic's lien law of Ark. In re Matthews (1901), W. Dist. Ark., Rogers, J., 109 Fed., 603; 6 A. B. R., 96. On sale of property free and clear of liens the order of distribution should be first costs of sale, then the liens according to priority. In re Sanderlin, E. Dist. N. C., Purnell, J., 109 Fed., 857; 6 A. B. R., 384. Validity of liens may be inquired into by bankruptcy court and the 67f.] LIENS. 237 property sold free and clear. In re Kellogg, McMasters, R., W. Dist. N. Y., 6 A. B. R., 389. Lien of attachment more than four months old remains although judg- ment thereunder is within the five months period. Sheriff allowed his fee although case commenced more than four monthsjbefore. In re Beaver Coal Co. (1901), Dist. Or., Bellinger, J., 110 Fed., 630; 6 A. B. R., 404. Lien of creditor's bill in state court filed more than four months does not come under this clause and the proceedings may not be interrupted by the district court. Metcalf Bros. v. Barker (Dec., 1902), U. S. Sup. Ct., Fuller, C. J., 6 A. B. R.,36, Sheriff required to turn over to trustee proceeds of execution made within four months. In re Kenney (1900), C. C. A., 2nd Cir., Lacombe, J., 105 Fed., 897; 5 A. B. R., 355. Contra the doctrine of last case. In re Seebold (1901), C. C. A., 5th Cir., McCormick, J., 105 Fed., 910; 5 A. B. R., 358. This section does not apply to judgments entered after date of adjudica- tion no lien can be acquired after adjudication by a judgment. In re Engle (1901), E. Dist. Penn., McPherson, J., 105 Fed., 893; 5 A. B. R., 372. Liens by distraint dissolved by bankruptcy proceedings. In re Doughtery & Co. (1901), N. Dist. Ga., Newman, J., 109 Fed., 480; 6 A. B. R., 457. Trustee must obtain an order to restrain the attachment of property belonging to the bankrupt. Watschke v. Thompson (1901), Sup. Ct. Minn., Lewis, J., 7 A. B. R., 504. Lien of attachment may continue to exist after the debt is barred by bankruptcy. Powers Dry Goods v. Nelson (1901), Sup. Ct. N. D., Young J., 7 A. B. R., 506. A lien on exempt property is subject to the jurisdiction of the State court solely. Idem. A lien on exempt property is subject to the jurisdiction of the State court solely Attachment lien more than four months old not merged in the judgment and remains a valid lien. In re Beaver Coal Co. (1902) , C. C. A., 9th Cir., Gilbert, J., 113 Fed., 889; 7 A. B. R., 542. See contra to this doctrine in re Lesser, C. C. A., 2nd Cir., Shipman, J., 5 A. B. R., 326. 238 SET-OFFS AND COUNTERCLAIMS. [68ab. SEC. 68. SET-OFFS AND COUNTERCLAIMS. a [Mutual debts and credits.] In all cases of mutual debts or mutual credits between the estate of a bankrupt and a creditor the account shall be stated and one debt shall be set off against the other, and the balance only shall be allowed or paid. As to cases of mutual credit after preference, see Section 60c ante. See also notes under Sec. 57g. Unpaid subscription to stock of a bankrupt corporation due from payee of bankrupt's note will bar proof of claim either in his hands or in the hands of assignee, same being non-negotiable. In re Albert Goodman Shoe Co. (1899), E. Dist. Penn., McPherson, J., 3 A. B. R., 200. Separate debt due trustee cannot be set off against a liability due creditors jointly with others. In re Chrystal Spring Bottling Co. (1900) , Dist. Va., Wheeler, J., 96 Fed., 945; 4 A. B. R., 55; 3 N. B. N., 179. b [When not allowed.] A set-off or counterclaim shall not be allowed in favor of any debtor of the bankrupt which (1) [Not provable.] is not provable against the estate; or As to provable debts see Sec. 63 and notes, and Sec. 17. (2) [Purchased after petition.] was purchased by or transferred to him after the filing of the petition, or within four months before such filing, with a view to such use and with knowledge or notice that such bankrupt was insolvent, or had committed an act of bankruptcy. Payment on money accounts not allowed as set-off. In re Christen- sen, N. Dist. la., James, R., 4 A. B. R., 202; 2 N. B. N., 695. Set off allowed in bankruptcy though not under State law. In re Meyer & Dickinson (1901), E. Dist. N. Y., Thomas, J., 107 Fed., 86; 5 A. B. R., 593. Set-off denied in favor of maker of notes endorsed by bankrupt for his accommodation unmatured and held by a bank as against claim due the bankrupt on advances made by him to such maker. Idem. Set-off by defendant in suit by trustee of claim arising by payment of 69 a.] POSSESSION OF PROPERTY. 239 debt which bankrupt had covenanted to pay, allowed as a mutual credit, although not provable in bankruptcy by reason of preferences received by the original creditor. Morgan v. Wordell (1901), Sup. Ct. Mass., Holmes, J., 59 N. E., 1,037; 6 A. B. R., 167. SEC. 69. POSSESSION OF PROPERTY. a [Warrant may issue to seize and hold property.] A judge may, upon satisfactory proof, by affidavit, that a bankrupt against whom an involuntary petition has been filed and is pending has committed an act of bankruptcy, or has neglected or is neglecting, or is about to so neglect his property that it has thereby deteriorated or is thereby deteriorating or is about thereby to deteriorate in value, issue a warrant to the marshal to seize and hold it subject to further orders. Before such warrant is issued the peti- tioners applying therefor shall enter into a bond in such an amount as the judge shall fix, with such sureties as he shall approve, conditioned to indemnify such bankrupt for such damages as he shall sustain in the event such seizure shall prove to have been wrongfully obtained. Such property shall be released, if such bankrupt shall give bond in a sum which shall be fixed by the judge, with such sureties as he shall approve, conditioned to turn over such property, or pay the value thereof in money to the trustee, in the event he is adjudged a bankrupt pursuant to such petition. For form of warrant to seize goods and return thereon, see form No. 8 post. Affidavits under this section should be as specific as possible in the statement of all essential facts. In re Kelley (1899), W. Dist. Tenn., Hammond, J., 91 Fed., 504; 1 A. B. R., 306; 1 N. B. N., 240. The marshal may not seize property in hands of third person claim- ing adversely on the claim that it was fraudulently conveyed by the bankrupt. In re Kelley (1899), W. Dist. Tenn., Hammond, J., 91 Fed., 504; 1 A. B. R., 306; 1 A. B. N., 240. Summary process to compel bankrupt to surrender property in an in- voluntary case is not favored. In re Ogles (1899) , W. Dist. Tenn., Walk- t-r, R., 2 A. B. R., 514; 1 N. B. N., 326. 240 POSSESSION OF PROPERTY. [69 a. A sheriff who has seized property under writs of attachment within the four months may not retain custody to secure his fees. The court will give them in due season. In re Francis Valentine Co. (1899), C. C. A., 9th Cir., Gilbert, J., 93 Fed., 953; 2 A. B. R., 522; 1 N. B. N., 529. Proceedings to compel bankrupt to pay over money to trustee must be in name of trustee. In re Rothschild (1901), S. Dist. Ga., Crovatt, R., 5 A. B. R., 587; Injunction will issue to stay sale under foreclosure where it appears there is margin over the mortgage debt. In re Sabine (1899), N. Dist. N. Y., Hotchkiss, J., 1 A. B. R., 315; 1 N. B. N., 45. This section does not authorize the marshal to seize property not in the bankrupt's possession. In re Rockwood (1899), N. Dist. la., Shiras, J., 91 Fed., 363; 1 A. B. R., 272; 1 N. B. N., 134. The trustee in bankruptcy may appear in County Court and contest the account of the bankrupt who is administrator of his father's estate. In re Clute (1899), Superior Ct., SanFrancisco, Coffey, J.; 2 A. B. R., 376; 1 N. B. N., 386. It is contempt for bankrupt to refuse to turn over property to trustee on the order of the referee practice therein. In re Pearson (1899) E. Dist. Penn., Coffin, R.; 2 A. B. R., 819; 1 N. B. N., 475. Bankruptcy court may order its Marshal to take possession of prop- erty in the hands of assignee under general assignment pending appoint- ment of trustee, and may restrain assignee from disposing of or interfering with the property. Davis v. Bohle (1899), C. C. A., 8th Cir., Thayer, J., 92 Fed., 325; 1 A. B. R., 412; 1 N. B. N., 216. A creditor who subsequent to petition levies replevin writ is liable to injunction and order to return property. In re Huddleston (1899), N. Dist. Ala., Turner, R.; 1 A. B. R., 572; 1 N. B. N., 214. Where property is in hands of agent of bankrupt, summary process appropriate. Mutter v. Nugent, supra. Section 69 does not authorize the seizure of property which is in the hands of third person. In re Rockwood (1899), N. Dist. la., Shiras, J., 91 Fed., 363; 1 A. B. R., 272; 1 N. B. N., 134. Trustee may take possession by summary process of property in bankrupt's possession but claimed by the wife, where claim proves fraudu- lent. In re Smith (1899), S. Dist. Ga., Speer, J., 100 Fed., 795; 3 A. B. R., 95; 1 N. B. N., 533. Parties holding property of estate not under adverse title may be compelled to surrender to trustee on summary order. In re Moore, Dist W. Va., Jackson, J., 104 Fed., 869; 5 A. B. R., 151. 70a.] TITLE TO PROPERTY. 241 Property transferred after filing of involuntary petition must be re- stored to trustee. In re Corbett (1900), E. Dist. Wis., Seaman, J., 104 Fed., 872; 5 A. B. R., 224. Improper meddling with assets by either bankrupt or creditor after petition filed is contempt of court. In re Arnett (1901), W. Dist. Tenn. Hammond, J., 112 Fed., 770; 7 A. B. R., 522. Property secured by the bankrupt under fraudulent representations can be reclaimed by the vendor. Bloomingdale v. Empire Rubber Mfg. Co. (1902), E. Dist. N. Y., Thomas, J., 114 Fed., 1016; 8 A. B. R., 74. Jurisdiction of the property of the bankrupt is not obtained by the filing of the petition alone. A replevin suit brought after the filing and prior to adjudication in the State court will give priority of jurisdiction to the latter court. In re Wells (1902), W. Dist. Mo., McPherson, J., 114 Fed., 222; 8 A. B. R., 75. Mortgagee took possession after petition in involuntary bankruptcy was filed against the mortgagor. The receiver in bankruptcy ousted him and he brought suit in the State court held he should be enjoined. In re Gutman & Wenk (1902), S. Dist. N. Y., Adams, J., 114 Fed., 1009; 8 A. B. R., 252. SEC. 70. TITLE TO PROPERTY. a [Title vested in trustee.] The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt, as of the date he was adjudged a bankrupt, except in so far as it is to property which is exempt, to all (1) [Documents.] Documents relating to his prop- erty; The bankrupt may be compelled to deliver to the trustee his books of account although they contain incriminating evidence. In re Sapiro (1899), E. Dist. Wis., Seaman, J., 92 Fed., 340; 1 A. B. R., 296; 1 N. B. N., 137. (2) [Patents, copyrights and trademarks.] Interest in patents, patent rights, copyrights, and trademarks ; 242 TITLE TO PROPERTY. [70a. Application for letters patent does not pass to trustee. In re Mc- Donnell (1900), N. Dist. la., Shiras, J., 101 Fed., 239; 4 A. B. R., 92. (3) [Powers.] Powers which he might have exercised for his own benefit, but not those which he might have ex- ercised for some other person ; Tenancy by courtesy in the husband after issue born does not pass to trustee is it not an asset. Hessletine v. Prince, Dist. Mass., Lowell, J., 95 Fed., 802; 2 A. B. R., 600, 1 N. B. N., 528. A liquor license is an asset and bankrupt compelled to surrender the same to be sold by the .trustee. In re Fisher (1899), Dist. Mass., Olm- stead, R.; 1 A. B. R., 557; 1 N. B. N., 209. Right to apply for liquor license passes from the bankrupt to the trus- tee summary process to compel nominal co-owner to surrender same not proper, but equitable petition may preserve it. In re Brodbine, Dist. Mass., Lowell, J., 93 Fed., 643; 2 A. B. R., 53; 1 N. B. N., 279. Under Penn. laws a liquor license is not distrainable for rent, nor can a landlord claim a prior lien on the proceeds, nor can bankrupt claim ex- emption therein. In re Myers (1900), E. Dist. Pa., McPherson, J., 102 Fed., 869; 4 A. B. R., 536. License to occupy stall in city market is property of trustee. In re Emerich, W. Dist. Penn., Buffington, J., 101 Fed., 231; 4 A. B. R., 89; 2 N. B. N., 656. Liquor license an asset which trustee takes. In re Fisher (1899), Dist. Mass., Lowell, J., 98 Fed., 89; 3 A. B. R., 406; 2 N. B. N., 221. Right of action for tort committed against the bankrupt does not pass to the trustee. In re Haensel (1899), Dist. Col., DeHaven, J., 91 Fed., 355; 1 A. B. R., 286; 1 N. B. N., 240. Unpaid balance of legacy goes to trustee also liquor license. In re May, Dist. Minn., Merriman, R.; 5 A. B. R., 1. Seat in stock exchange is an asset. In re Page (1901), C. C. A., 3rd Cir., Bradford, J., 107 Fed., 89; 5 A. B. R., 707. Also Page v. Edmunds (Oct., 1902), U. S. Sup. Ct., McKenna, J. Membership in stock exchange is property subject to constitution of the exchange and passes to trustee. In re Gaylord (1901), E. Dist. Mo., Shiras, J., Ill Fed., 717; 7 A. B. R., 195. Membership in stock exchange is asset which passes to trustee. In re Page, E. Dist. Penn., McPherson, J., 102 Fed., 746; 4 A. B. R., 467; 2. N. B. N., 1,069 Transfer of certificate of membership of Chamber of Commerce after 70a.] TITLE TO PROPERTY. 243 discharge of holder in bankruptcy by the trustee cannot be blocked by objection of fellow-member creditor whose claims are barred, there being no lien on the membership conferred by the laws by. State ex rel Crane et al. v. Chamber of Commerce of Minneapolis (1899), Sup. Ct. Minn., Canty, J., 77 Minn., 308. (4.) [Property] transferred in fraud.] Property trans- ferred by him in fraud of his creditors; (5) [Property which might have been transferred or levied on.] Property which prior to the filing of the peti- tion he could by any means have transferred or which might have been levied upon and sold under judicial process against him: Fraudulent transfer avoided by trustee third persons innocent of the fraud not proper parties. North v. Taylor et al., Sup. Ct. N. Y., Parker J.; 6 A. B. R., 233. State insolvency laws suspended by the operation of the bankrupt act and no title remains in a trustee in insolvency to avoid preferential conveyance made by the debtor while in failing circumstances with in- tent to defraud his creditors. Ketcham v. McNamara, Sup. Ct. Conn., Baldwin, J.; 6 A. B. R., 160. Partnership assignment by one member of firm followed by adjudica- tion in bankruptcy of the firm court will issue summary order com- pelling assignee to surrender assets to trustee. In re Stokes et al. (1901) , E. Dist. Penn., McPherson, J., 106 Fed., 312; 6 A. B. R., 262. Wife under no estoppel to claim furniture which was appraised in her presence as that of her husband. In re Jamieson (1901), Dist. R. I., Littlefield, R.; 6 A. B. R., 601. Trustee of bankrupt contractor receiving satisfaction of mechanic's lien must pay out of amount received a sub-contractor who had perfected his lien. In re Huston (1901), S. Dist. N. Y., Holt, R.; 7 A. B. R., 92- Law of the United States and not of State prevails as to validity of chattel mortgage. In re Hull (1902), Dist. Vt., Wheeler, J., 115 Fed., 858; 8 A. B. R., 302. Trustee takes no title to policy of insurance which has no cash sur- render value cannot maintain action to set aside transfer of same. Morris et al. v. Dodd (1900), Sup. Ct. Ga., Fish, J., 110 Ga., 606. The surplus income of a trust fund beyond the amount necessary to support the beneficiary is an asset of the bankrupt's estate, which passes 244 TITLE TO PROPERTY. [70a. to the trustee. Brown v. Barker (1902), Sup. Ct. N. Y., Hiscock, J., 68 App. Div., 594; 74 N. Y. Supp., 43; 8 A. B. R., 450. Property of a corporation for which bankrupt works cannot be reached by trustee even where all the stock is owned by his wife. Campbell v. Thompson (1902), Sup. Ct. Colo., Thompson, J., 70 Pac., 161. Money deposited in bank by insolvent partnership to be pro rated among the creditors of the firm as their interests appear is on bank- ruptcy proceedings a trust fund that passes to the trustee. In reDavis (1903), W. Dist. Texas, Moxey, J., 119 Fed., 950. The holder of an unrecorded bill of sale of chattels given for security for loan has title against the trustee. Haskell v. Merrill et al. (1900), Sup. Ct. Mass., Holmes, J., 179 Mass., 120. Growing crops are assets which pass to trustee. In re Barrows, W. Dist. Va., Paul, J., 98 Fed., 582; 3 A. B. R., 414. An inalienable contingent remainder does not vest in the trustee. In re Hoadley & Munroe (1900), S. Dist. N. Y., Brown, J., 97 Fed., 765; 3 A. B. R., 780; 2 N. B. N., 704. The prohibition by Congress on conveyance by certain Indians of lands for a term of years will preclude creditors claiming such land in volun- tary proceedings by such Indian. In re Russie (1899), Dist. Or., Bell- inger, J., 96 Fed., 609; 3 A. B. R., 6. All the assets of the bankrupt pass to the trustee whether named in this section or not surplus of life income by will under N. Y. law is available to creditors and can in bankruptcy proceedings be reached by summary process. In re Baudoine (1899), S. Dist. N. Y., Brown, J. 96 Fed., 536; 3 A. B. R., 55; 1 N. B. N., 506. Liability of stockholders to bankrupt corporation is an asset trustee should make the call. In re Chrystal Springs Bottling Co. (1899) , Dist. Vt., Wheeler, J., 96 Fed., 945; 3 A. B. R., 194. Income of bankrupt under will providing it should not be alienable or subject to claim of creditors, does not pass to trustee. Munroe v. Dewey (1900), Sup. Ct. Mass., Holmes, J., 4 A. B. R., 264; 2 N. B. N., 840. Trustee no interest in estate created by will where estate has not vested In re Wetmore, E. Dist. Penn., McPherson, J., 99 Fed., 703; 4 A. B. R. 335; 3 N. B. N., 143. Bankrupt ordered to turn over money to trustee. In re Kuntz (1899) , Dist. Minn., Dovan, R., 1 N. B. N., 256. Money in hands of sheriff arising from execution sale ordered paid to trustee. Rose v. Vinton (1900), Penn., Court Com. Pleas, Wallace, J., 1 N. B. N., 514 70a.] TITLE TO PROPERTY. 245 Contingent remainder not a vested estate and does not pass to trustee In re Ehle (1901), Dist. Vt., Wheeler, J., 6 A. B. R., 476. Where husband has possession of wife's lands by courtesy the pro- ducts of that land pass to trustee as part of husband's estate in bank- ruptcy. In re Ehle (1901), Dist. Vt., Wheeler, J., 109 Fed., 625; 6 A. B. R., 476. Rent accruing after bankruptcy part of estate going to trustee In re Case (1901), N. Dist. Ohio, Remington, R., 6 A. B. R., 721. Trustee's title is no better than the bankrupt a defective mortgage good as to the creditors is good as to the trustee. In re Ohio Co-operative Shear Co. (1899), N. Dist. O., Fay, R., 2 A. B. R., 775; 1 N. B. N., 477. In conditional sales title to property passes to the trustee. In re Yukon Woolen Co. et al. (1899), Dist. Conn., Thompson, J., 2 A. B. R., 805; 1 N. B. N., 420. Where property held by bankrupt under contract of conditional sale bankrupt's title vests in the trustee subject to all equities. In re Boze- man (1899), S. Dist. Ga., Myrick, R., 2 A. B. R., 809; 1 N. B. N., 479. Title to property passes to trustee whether or not lien on same is affected by bankruptcy proceedings. In re Benedict (1902), Sup. Ct. N. Y., Houghton, J., 8 A. B. R., 463. Building materials belonging to a contractor on the ground for con- struction of building for bankrupt, whose contract provided that in case of default by the contractor bankrupt might go on and furnish building materials are not subject to a lien, and trustee takes no title to the same. Duplan Silk Co. v. Spencer (1902), C. C. A., 3rd Cir., Gray, J., 115 Fed., 689; 8 A. B. R., 367. Bankrupt may give a title by transfer after the day of filing the pe- tition (involuntary) before the date of adjudication. Bankrupt owns all he may acquire after the date of filing the petition. In re Gany, W. Dist. N. Y., Brown, J., 103 Fed., 930; 4 A. B. R., 576; 2 N. B. N., 1,082. Section 70 construed in re Burka, E. Dist. Mo., Adams, J., 104 Fed., 326; 5 A. B. R., 12. Trustee takes no title to exempt property. In re Wells (1900), W. Dist. Ark., Rogers, J., 105 Fed., 762; 5 A. B. R., 308. Mortgaged property should not be brought into bankruptcy proceed- ings unless there is an equity of value. In re Utt, C. C. A., 7th Cir., Woods, J., 105 Fed., 754; 5 A. B. R., 383. Trustee takes same title as bankrupt to assets subject to equitable liens. In re Klingeman (1899), S. Dist. la., Galer, R., 2 A. B. R., 44; 1 N. B. N., 294. 246 TITLE TO PROPERTY. [70a. The trustee gets no title to property held by the bankrupt under con- ditional sales not completed. In re McKay (1899), N. Dist. O., Wheeler, R.; 1 A. B. R., 292; 1 N. B. N., 133. Title of trustee surrendered to creditor where goods were obtained by false representations of the bankrupt, which constituted the material consideration for the credit. In re Gany (1900), S. Dist. N. Y., Brown, J., 133 Fed., 930; 4 A. B. R., 576; 2 N. B. N., 1,082. Title held by receiver under State proceedings to property fraudu- lently conveyed more than four months before does not vest in the trustee. In re Meyers & Co. (1899), N. Dist. N. Y., Hotchkiss, R., 1 A. B. R.,347; 1 N. B. N., 293. Where the unsupported evidence of the bankrupt as to his disposi- tion of large sums of money is improbable he may be ordered to turn the money over to a trustee. In re Friedman (1899), S. Dist. N. Y., Holt, R., 2 A. B. R., 201; 1 N. B. N., 332. Trustee occupies the position of purchase- for value without notice unrecorded lien void as to him. In re Booth (1899), Dist. Or., Bel- linger, J., 96 Fed., 942; 3 A. B. R., 574; 2 N. B. N., 377. A conditional sale where vendee is expected to consume or sell the property is fraudulent and void title of trustee is same as bankrupt except in cases tainted with fraud. In re Gracewich (1902), C. C. A., 2nd Cir., Wallace, J., 8 A. B. R., 149. Mortgage covering part of goods not sold at time by mortgagee to mort- gagor such goods pass to trustee. In re Hull (1902) , Dist. Vt., Wheeler, J., 115 Fed., 858; 8 A. B. R., 302. Title of trustee to property purchased by bankrupt subject to a chattel mortgage which he assumes to pay is the same as that of bankrupt and under the same estoppel. In re Standard Laundry Co., (1901), N. Dist. Cal., DeHaven, J., 112 Fed., 126; 7 A. B. R., 254. Trustee of bankrupt grantee of deed of trust who received same without beneficial interest gets no title. In re Davis (1901), Dist. Mass., Lowell J., 112 Fed., 129; 7 A. B. R., 258. Wife of bankrupt may not redeem from sale by trustee under order of referee. In re Novak, N. Dist. la., Shiras, J., Ill Fed., 161; 7 A. B. R., 267. Trustee has no better title to property than the bankrupt, and in case of conditional sale title remaining in vendor, trustee of bankrupt vendee gets title. In re Kellogg (1901), W. Dist. N. Y., Hazel, J., 112 Fed., 52; 7 A. B. R., 270. Equitable replevin by creditors claiming fraudulent representation pass title, facts not justifying restoration. In re Davis (1901), S. Dist. N. Y., Adams, J., 112 Fed., 294; 7 A. B. N., 276. 70a.] TITLE TO PROPERTY. 247 Improper meddling with assets by either bankrupt or creditor after petition filed is contempt of court. In re Arnett (1901), W. Dist. Tenn., Hammond, J., 112 Fed., 770; 7 A. B. R., 522. Equity of redemption of bankrupt not enlarged by bankruptcy pro- ceeding. In re Goldman (1900), S. Dist. N. Y., Brown, J., 102 Fed., 122; 4 A. B. R., 100; 2 N. B. N., 818. Trustee does not take title to contingent remainder. In re Wetmore (1900), S. Dist. Penn., McPherson, J., 102 Fed., 290; 4 A. B. R., 335; 3 N. B. N., 443. Title of trustee in vested remainder statement of under New York Statute. In re St. John, N. Dist. N.. Y., Coxe, J., 105 Fed., 234; 5 A. B. R., 190. Where the property is in the possession of the trustee the court will enjoin an interference by an adverse claimant. In re Whitener (1900), C. C. A., 5th Cir., Pardee, J., 105 Fed., 180; 5 A. B. R., 198. Proceeds of property levied on under State proceedings within four months prior to the bankruptcy vest in the trustee. Schmilovitz v. Bernstein (1901), Sup. Ct. R. I., Douglass, J., 5 A. B. R., 265. Contingent remainder does not vest title in trustee. In re Gardiner (1901), S. Dist. N. Y., Brown, J., 106 Fed., 670; 5 A. B. R., 432. No claim against the estate by wife where gift has not been delivered. In re Chapman (1900), N. Dist. 111., Kohlsaat, J., 105 Fed., 901; 5 A. B. R., 570. Contingent estate not vested in trustee. In re Wetmore, C. C. A., 4th Cir., Bradford, J., 108 Fed., 991; 6 A. B. R., 210. Trustee holding property where facts show it to be in custodia legis and subject to intervening claims. McFarland Carriage Co. v. Solanas et a/., (1901), E. Dist. La., Boarman, J., 108 Fed., 532; 6 A. B. R., 221. Rescission of contract on ground of fraudulent representation vendor may avoid the sale irrespective of contract of vendee not to pay for them. In re Epstein (1901), E. Dist. Ark., Trieber, J., 109 Fed., 874; 6 A. B. R., 60. Trustee's title to contingent interest to estate under clause of contin- gency where contingency relates to an event and not to person taken by devisee as vested interest and passes to trustee in bankruptcy. In re Twaddell (1901), Dist. Del., Bradford, J., 110 Fed., 145; 6 A. B. R., 539. Mere agreement by mortgagee to collect rent for mortgagee not suffi- cient to vest title. In re Dole (1901), Dist. Vt., Wheeler, J., 110 Fed., 926; 7 A. B. R., 21. Trustee succeeds to the interest of the bankrupt in the equity of re- demption. In re Novak (1901), N. Dist. la., Shiras, J., Ill Fed., 161, 7 A. B. R.. 27. 248 TITLE TO PROPERTY. t?0a. State law prevails as to assignment of dower. Expenses must be first paid where land is sold free of dower with wife's consent. In re Forbes (1901), N. Dist. O., Doyle, R.; 7 A. B. R., 42. Vested remainder passes to trustee. (ILL. law) as to what is a vested remainder. In re McHarry (1901), C. C. A., 7th Cir., Grosscup, J., Ill Fed., 498; 7 A. B. R., 83. Property held under conditional sale does not pass to trustee. In re Hinsdale (1901), Dist. Vt., Wheeler, J. ( llTFed., 502; 7 A. B. R., 85. Trustee's title not that of attaching creditor, idem . [Policy of Insurance.] Provided, That when any bank- rupt shall have any insurance policy which has a cash sur- render value payable to himself, his estate, or personal rep- resentatives, he may, within thirty days after the cash surrender value has been ascertained and stated to the trustee by the company issuing the same, pay or secure to the trustee the sum so ascertained and stated, and continue to hold, own, and carry such policy free from the claims of the creditors participating in the distribution of his estate under the bankruptcy proceedings, otherwise the policy shall pass to the trustee as assets ; and Where bankrupt conveys an insurance policy which has a cash sur- render value to his wife more than four months prior to filing of petition the trustee must first institute proceedings to set aside conveyance of the policy. In re Graks (1899), S. Dist. O., Geiger, R., 1 A. B. R., 465; 1 N. B. N., 164. This provision applies only to insurance policy that has a cash surrender value to the bankrupt. A policy the value of which is dependent on the release by the bankrupt's wife of her interest does not come within this section. In re Henrich (1899), Dist. Md., Hisky, R., 1 A. B. R., 713. Policies of insurance having a surrender value payable to the bank- rupt's estate are assets in spite of the State law declaring them exempt. In re Steel & Co. (1899), S. Dist. la., Shiras, J., 98 Fed., 78; 3 A. B. R., 549; 2 N. B. N., 281. Tontine insurance policy payable to bankrupt on a date named, and if he die before, payable to his wife, has a cash surrender value and belongs to the trustee. In re Boardman, Dist. Mass.. Lowell, J., 103 Fed., 783; 4 A. B. R., 620; 2 N. B. N., 821. Advance for premiums made by wife of bankrupt on endowment 70 a.] TITLE TO PROPERTY. 249 policy protected. In re Diack (1899) , S. Dist. N. Y., Brown, J., 100 Fed., 770; 3 A. B. R., 723; 2 N. B. N., 664. It is proper to require the bankrupt to execute an assignment of his insurance policies. In re Madden, (1901), C. C. A., 2nd Cir., 110 Fed., 348; 6 A. B. R., 614. A policy of insurance which is transferable and has a market value passes to the trustee, although it has no surrender value. In re Sling- luff (1900), Dist. Md., Morris, J., 105 Fed., 502; 5 A. B. R., 76. Although State law permits exemption of life insurance policy, one that has a cash surrender value is controlled by Section 70 and passes to the trustee. In re Scheld (1900), C. C. A., 9th Cir., Ross, J., 104 Fed., 870; 5 A. B. R., 102. A policy of insurance which has a cash surrender value does not pass as exempt although State law may so provide. In re Holden (1902) , C. C. A. 9th Cir., McKenna, J., 113 Fed., 141; 7 A. B. R., 615. Policy of insurance to benefit of assured goes to the trustee. In re Lange, N. Dist. la., Shiras, J., 91 Fed., 631; 1 A. B. R., 189; 1 N. B. N., 44. (6) [Rights of action] rights of action arising upon contracts or from the unlawful taking or detention of, or injury to, his property. Bankrupt is guilty of contempt for failing to turn over property to the trustee on the order the referee. In re Tudor (1899), Dist. Colo., Hallett, J., 96 Fed., 361; 2 A. B. R., 808; 1 N. B. N., 339. Trover against a trustee may be maintained in state court for invading the possession of chattels purchased from the bankrupt a short time prior to the bankruptcy. Weeks v. Fowler (1902), Sup. Ct. N. H., Chase, J., 51 Atl., 543. A cause of action which would survive and pass to the personal repre- sentative of the plaintiff will pass to the trustee. So does a claim for damages against a lumber dealer's association for unlawful conversion. Cleland v. Anderson (1902), Sup. Ct. Neb., Pound, J., 92 N. W., 306. Bankrupt cannot after discharge prosecute a claim which he failed to schedule as an asset as the trustee took title to all his property and title did not invest in him after discharge. Scruby v. Norman (1901), Ct. of App., of Mo., Smith, J., 91 Mo. App., 517. Trustee has no title to property acquired after the filing of the petition. In re Harris (1899), N. Dist. 111., Wean, R., 2 A. B. R., 359; 1 N. B. N., 384. Section 70 is controlled by Section 6 in the matter of exemptions. 250 TITLE TO PROPERTY. (70bcde. In re Steel & Co. (1899), S. Dist. Iowa, Shiras, J., 98 Fed., 78; 3 A. B. R., 549; 2 N. B. N., 281. b [Approval and sale of property.] All real and per- sonal property belonging to bankrupt estates shall be appraised by three disinterested appraisers; they shall be appointed by, and report to, the court. Real and personal property shall, when practicable, be sold subject to the ap- proval of the court ; it shall not be sold otherwise than sub- ject to the approval of the court for less than seventy -five per centum of its appraised value. As to sales of property see general order XVIII. As to appointment of appraisers, oath, see form No. 13 post. Sale by trustee does not carry wife's inchoate right of dower a sale of realty will not be ordered unless it appears that it will produce re- sults to the estate. In re Shaeffer (1900), E. Dist. Perm., McPherson, J. f 104 Fed., 973; 5 A. B. R., 248. Title to real estate vests in trustee after appointment. In re Stoner, (1901), E. Dist. Penn., McPherson, J., 105 Fed., 752; 5 A. B. R., 402. c [Trustee to convey title.] The title to property of a bankrupt estate which has been sold, as herein provided, shall be conveyed to the purchaser by the trustee. d [Composition set aside vesting title in trustee.] Whenever a composition shall be set aside, or discharge re- voked, the trustee shall, upon his appointment and quali- fication, be vested as herein provided with the title to all of the property of the bankrupt as of the date of the final de- cree setting aside the composition or revoking the dis- charge. e [Avoiding certain transfers recovery of property.] The trustee may avoid any transfer by the bankrupt of his property which any creditor of such bankrupt might have avoided, and may recover the property so transferred, or its value, from the person to whom it was transferred, unless he was a bona fide holder for value prior to the data 70f.] TITLE TO PROPERTY. 251 of the adjudication. Such property may be recovered or its value collected from whoever may have received it, ex- cept a bona fide holder for value. *For the purpose of such recovery any court of bank- ruptcy as hereinbefore defined, and any state court which would have had jurisdiction if bankruptcy had not inter- vened, shall have concurrent jurisdiction.* As amended by Act of 1903. See Amendment page , post, new additional matter found between stars. As to suits by trustee see Sec. 11 and Sec. 23. As to title which trustee takes see in re Gray, N. Y. Sup. Ct., Barrett, J.; 3 A. B. R., 647. Also in re Adams, N. Dist. N. Y. f Moss. R.; 1 A. B. R., 94. Trustee has only the rights of bankrupt's creditors. In re Miller (1900) Dist. Mass., Lowell, J., 101 Fed., 413; 4 A. B. R., 224; 2 N. B. N., 701. A trustee has no better title than the bankrupt of his creditors have. In re New York Economical Printing Co. (1901), C. C. A., 2nd Cir., Wal- lace, J., 110 Fed., 514; 6 A. B. R., 615. / [Rcvostmeiit of title on confirmation of composition.] Upon the confirmation of a composition offered by a bankrupt, the title to his property shall thereupon revest in him. As to compositions see Sec. 12 and 13 ante. An involuntary petition filed November 1st, 1899, was not premature, Leidigh Carriage Co. v. Stengel (1899), C. C. A., 6th Cir., Taft, J., 95 Fed., 637; 2 A. B. R., 383; 1 N. B. N., 296. An act of bankruptcy committed before November 1st, 1898, when involuntary petitions could be filed may be the basis for petition. Idem. Between July 1st, 1898, and November 1st, 1898, while no involuntary petition could be filed no equity for injunction to restrain disposal of goods by mortgagee under mortgage which was assailable under the bankruptcy act. Ellis v. L. Hayes Saddlery & Leather Co. (1902) , Sup. Ct. Kas., Smith, J.; 8 A. B. R., 110. 252 TIME ACT IN EFFECT. THE TIME WHEN THIS ACT SHALL GO INTO EFFECT. a [Force and effect.] This Act shall go into full force and effect upon its passage: Provided, however, That no petition for voluntary bankruptcy shall be filed within one month of the passage thereof, and no petition for involuntary bankruptcy shall be filed within four months of the passage thereof. Act became operative July 1, 1898, and deprived the state courts of all apwer and jurisdiction except to wind up the estate in its hands. First "'Nat. Bank of Grilford v. Ware (1901), Sup. Ct. Me., Emery, J., 388. Bankruptcy law did not suspend state insolvency laws in respect to j/roceedings already commenced subsequent filing of petition in bank- ruptcy, the administration of the estate in that court and the insolvent's discharge does not deprive the state court of jurisdiction to entertain suit by assignee to recover property fraudulently conveyed. Osbornv. Tender (1903), Sup. Ct. Minn., Lewis, J., 92 N. W., 1114. Bankruptcy act does not affect proceedings begun under state in- solvency law before its passage. Hood v. Blair State Bank (1902), Sup. Ct. Neb., Barnes, J., 91 N. W., 701. Creditor's bill filed prior to passage of the act does not abate by pro- ceedings in bankruptcy subsequently instituted by judgment creditors proceedings to recover assets fraudulently conveyed permitted to be carried on. National Bank of the Republic v. Hobbs (1901), C. C. S., Dist. Ga., Speer, J., 9 A. B. R., 190. To the same effect Metcalf v. Barker (1902) Sup. Ct. of U. S., Fuller, J., 9 A. B. R., 34. State insolvency law abrogated by the act. Parmentier Mfg. Co. v. Hamilton (1899), Sup. Ct. Mass., Knowlton, J.; 1 A. B. R., 39; 1 N. B. N., 8. State insolvency law suspended by act act operates from July 1st. The dates for filing petitions in voluntary and individual cases merely matter of procedure. In re Bruss-Ritter Co. (1899), Seaman, J., E. Dist. Wis., 90 Fed., 651; 1 A. B. R., 58; 1 N. B. N., 39. Jurisdiction of State courts ousted immediately on commencement of proceedings in bankruptcy. In re McKee (1899), Jefferson Co. Ct., Gregory, J., Ky.; 1 A. B. R., 311; 1 N. B. N., 139. General assignment under State law act of bankruptcy and voidable. Lea Bros. v. West (1899), E. Dist. Va., Wad dill, J., 91 Fed., 237; 1 A. B. R., 261; 1 N. B. N., 79. Jurisdiction of bankruptcy court exclusive, not concurrent with State TIME ACT IN EFFECT. 253 courts receiver will be appointed to take property from assignee im- mediately and before adjudication. In re John A. Etheridge Furniture Co. (1899), Barr, J., Dist. Ky., 92 Fed., 329; 1 A. B. R., 112; 1 N. B. N., 139. Distinction between general insolvency and general assignment stat- utes; former derives its potency from the law, latter from deed of deb- tor former and not latter procedure is superseded by the act. The general assignment is voidable on the adjudication only. In re Sievers (1899), Adams, J., E. Dist. Mo., 91 Fed., 366; 1 A. B. R., 117; 1 N. B. N., 69. Indiana law for general assignments declared in effect an insolvency statute and made void by the act, and assignee by summary process ordered to surrender assets to the bankruptcy court. In re Smith & Dodson (1899), Dist. Ind., Baker, J.; 2 A. B. R., 9; 1 N. B. N., 356. Assignee under general assignment allowed no compensation or at- torney's fees. In re Kingman (1899), Dist. Mass., Farmer, R. ; 5 A. B. R., 251. b [Cases pending under state laws.] Proceedings com- menced under State insolvency laws before the passage of this Act shall not be affected by it. Prior to the commencement of bankruptcy proceedings the State law for winding up corporations is not suspended. State v. Sup. Ct. of King Co. (1899), Sup. Ct. of Wash., Beavis, J.; 2 A. B. R., 92; 1 N. B. N., 309. Bankruptcy act suspends general insolvency law and proceedings thereunder are void. In re Curtis (1899), S. Dist. 111., Allen, J., 91 Fed., 737; 1 A. B. R., 440; 1 N. B. N., 163. Before the expiration of the four months when involuntary petitions could be filed injunction may issue to restrain attaching creditors. Blake el al. v. Francis Valentine Co. (1898) , N. Dist. Cal., Hawlet, J., 89 Fed., 691 ; 1 A. B. R., 372; 1 N. B. N., 47. A general insolvency law is suspended by the bankruptcy act and proceedings under it are void, not merely voidable law of 111. governs general assignment-, held to be a general insolvency law. In re Curtis, (1899), S. Dist. 111., Allen, J.,91 Fed., 737; 1 A. B. R., 440; 1 N. B. N., 163. Court of bankruptcy may restrain the further administration of the estate assignee under State law and complete administration of the es- tate through its own officers. Lea Bros. v. West (1899), E. Dist. Va., Waddill, J., 91 Fed., 237; 1 A. B. R., 261; 1 N. B. N., 79. Trustee may sue either in law or equity to set aside fraudulent con- veyance. Four months time does not affect. Andrews v. Mathes (1902) , Sup. Ct. Ala., Harolson, J., 32 So., 738. 254 TIME ACT IN EFFECT. Trustee may set aside sale of mortgaged chattels with the consent of the mortgagee as mortgagee not a bona fide holder. Skillum v. Edelman (1902), Sup. Ct. N. Y., Gilderslieve, J., 79 N. Y., Supp., 413. See 70e. Trustee not a purchaser for value without notice has no better right to property thaa bankrupt. Goodyear Rubber Co. v. Schreiber (1902), Sup. Ct. Wash., Fullerton, J., 69 Pac., 648. Action sustained by trustee in bankruptcy to set aside conveyance of real estate made by the bankrupt in fraud of creditors six months before the filing of the petition in bankruptcy. Mueller v. Bruss (1901), Sup. Ct. Wis., Bardun, J., 8 A. B. R., 442. Where chattel mortgage and bill of sale were fraudulent and void, trustee may bring action in state court to set the same aside. Small v. Mueller (1901), Sup. Ct. N. Y., Bartlett, J., 67 App. Div., 143; 8 A. B. R., 448. Trustee un*der this section must give security for costs. Joseph v. Raff (1902), Sup. Ct. N. Y., O'Brien, J., 9 A. B. R., 227; Barber v. Frank- fin (1902), Sup. Ct. N. Y., Gilderslieve, J., 37 Misc., 292; 75 N. Y. Sup., 305; 8 A. B. R., 468. State insolvency laws suspended by the passage of the bankruptcy act and proceedings thereunder staid. In re McKee (1899), Jefferson Co., Ky., Ct., Gregory, J.; 1 A. B. R., 311; 1 N. B. N., 139. Bankruptcy court has jurisdiction to preserve assets of estate from seizure on attachment proceedings pending filing of petition. Blake et al. v. Valentine & Co. (1899), N. Dist. Cal., Hawley, J., 89 Fed., 691; 1 A. B. R., 372; 1 N. B. N., 47. An action by receiver under State proceedings to set aside a convey- ance is not a proceeding under State insolvency law. In re Meyers & Co. (1899), N. Dist. N. Y., Hotchkiss, R.; 1 A. B. R., 347; 1 N. B. N., 293. An assignee under general assignment is not entitled to fee as such, nor is he entitled to fee for his attorney, but he should be paid for his services as custodian and should be allowed his expenses in preserving the estate. In re Pauley (1899), N. Dist. N. Y., Hotchkiss, R.; 2 A. B. R., 333; 1 N. B. N., 405. The Pennsylvania statute as to domestic attachments is not suspended by the bankruptcy act. McCollough & Linn v. Goodheart, Cumberland Co. (1899), Com. Pleas Ct., Biddle, J.;3 A. B. R., 85; 1 N. B. N., 512. State insolvency proceedings commenced before bankruptcy not affected, nevertheless claims provable in bankruptcy irrespective of such proceedings. In re Bates, Dist. Vt., Wheeler, J., 100 Fed., 263; 4 A. B. R., 56; 2 N. B. N., 208. 71.] TIME ACT IN EFFECT. 255 State insolvency proceedings commenced after July 1, 1898, are void. Westcott Co. v. Berry et al. (1899), Sup. Ct., N. H. Young, J., 45 Atl., 352; 4 A. B. R., 264. To entitle assignee under general assignment to compensation for services rendered they must have been beneficial to the estate no dupli- cation of charges permitted. In re Kingman (1899), Dist. Mass., Far- mer, R.; 1 N. B. N., 518. When goods are stored under general assignments landlord is entitled to full rent for a reasonable period during assignment. In re Kingman, Dist. Mass., Farmer, R.; 1 N. B. N., 518. A fraudulent assignment of a claim long prior to passage of bankruptcy act held void. Scot v. Devlin et dl. (1898), S. Dist. N. Y., Brown, J., 89 Fed., 970; 1 N. B. N., 561. The statute of fraud of California not abrogated by bankruptcy act. In re Taylor, N. Dist. CaL, Holland, R.; 1 N. B. N., 412. Assignee of creditors under voluntary assignment allowed no fees for services but is allowed his disbursements and fees as custodian, but no attorney's fees. In re Bussey (1901), W. Dist. Mo., Crittenden, R. ; 6 A. B. R., 603. Assignment for creditors does not warrant paying assignee compensa- tion for services. In re Tatem, Mann & Co. (1901), E. Dist. N. C., Pur- nell, J., 110 Fed., 519; 7 A. B. R., 52; Wilbur v. Watson (1901), Dist. R. I., Brown, J., Ill Fed., 493; 7 A. B. R., 54. State insolvency laws suspended by the bankruptcy act neverthe- less proceedings in State Court to foreclose a mortgage combined with allegations in petitions which would have invoked the State insolvency law does not vitiate that part which covers the foreclosure. Carling v. Seymour Lumber Co. (1902), C. C. A., 5th Cir., Shelby, J., 113 Fed., 483; 8 A. B. R., 29. The bankruptcy receiver wi!l take possession of all property not covered by the foreclosure. Comity requires that bankruptcy receiver first apply to State court. Idem. Proceedings for winding up a corporation under State insolvency law does not deprive the bankruptcy court of jurisdiction. In re Storck Lum- ber Co. (1902), Dist. Md., Morris, J., 114 Fed., 360; 8 A. B. R., 86. *Sec. 71. [Clerks to keep indexes and issue certificates of search.] That the clerks of the several district courts of the United States shall prepare and keep in their respective offices complete and convenient indexes of all petitions and discharges in bankruptcy heretofore or hereafter 256 COMPENSATION OF REFEREE AND TRUSTEE. [72. filed in said courts, and shall when requested so to do, issue certificates of search certifying as to whether or not any such petitions or discharges have been filed; and said clerks shall be entitled to receive for such certificates the same fees as now allowed by law for certificates as to judgments in said courts; Provided, that said bankruptcy indexes and dockets shall at all times be open to inspection and examination by all persons or corporations without any fee or charge therefor.* As amended by Act of Feb. 5, 1903. Amendment inserts entire new section. *Sec. 72. [Referee and trustee not to receive extra com- pensation.] That neither the referee nor the trustee shall in any form or guise receive, nor shall the court allow them, any other or further compensation for their services than that expressly authorized and prescribed in this act.* As amended by Act of Feb. 5,1903. Amendment inserts new section. [Time amendment of Feb. 5, 1903, goes into effect.] *That the provisions of this amendatory act shall not apply to bankruptcy cases pending when this act takes effect but such cases shall be adjudicated and disposed of con- formably to the provisions of the said Act of July first, eighteen hundred and ninety-eight.* As amended by Sec. 19 of act of Feb. 5, 1903. [This act was signed by the President at 4:30 p. m., of Feb. 5th, 1903.] GENERAL ORDERS IN BANKRUPTCY. SUPREME COURT OF UNITED STATES. October Term, 1898. I. DOCKET. Clerk to keep Docket. Memo- randum of Proceedings. II. FILING OF PAPERS. Time of filing noted. III. PROCESS. Process to issue out of Court tested by clerk. IV. CONDUCT OF PROCEEDINGS. May be in person or by attorney. V. FRAME OF PETITION. Petition to be without abbre- viations. VI. PETITIONS IN DIFFERENT DISTRICTS. Hearing in district of debtor's domicile. VII. PRIORITY OF PETITIONS. Petition alleging earliest act of bankruptcy to be heard first. VIII. PROCEEDINGS IN PARTNER- SHIP CASES. Partner may contest notice of filing. IX. SCHEDULE IN INVOLUNTARY CASES. When creditors to file. X. INDEMNITY FOR EXPENSES. Officers may require advance fayment. AMENDMENTS. Court may allow practice. XII. DUTIES OF REFEREE. (1) Bankrupt subject to orders of referee after reference. (2) Time and place where refer- ee acts. (3) What matters heard by judge reference on facts. XIII. APPOINTMENT AND REMO- VAL OF TRUSTEES. Appointed by creditors removal by judge. XIV. No OFFICIAL OR GENERAL TRUSTEE. Court not to appoint. XV. TRUSTEES NOT APPOINTED IN CERTAIN CASES. No assets and no creditors, no trustee. 257 XVI. NOTICE TO TRUSTEE OF HIS APPOINTMENT. Referee to notify trustee of appointment; acceptance. XVII. DUTIES OF TRUSTEE. Prepare inventory make report duty of referee to compel. XVIII. SALES OF PROPERTY. (1) To be at public auction. (2) When trustee authorized to sell. (3) Sale of perishable property. XIX. ACCOUNTS OF MARSHAL. Accounts under oath. XX. PAPERS FILED AFTER REF- ERENCE. Filed either with referee or clerk. XXI. PROOF OF DEBTS. (1) Depositions what to show. (2) Creditor may have notices snt to his address. (3) Assigned claims notice to claimant. (4) Contingent claims. (5) Acknowledgment of letters of attorney. (6) Re-examination of claims practice. XXII. TAKING OF TESTIMONY. Examinations how conducted. XXIII. ORDERS OF REFEREE. What order to recite. XXIV. TRANSMISSION OF PROVED CLAIMS TO CLERK. Referee to transmit list to clerk. XXV. SPECIAL MEETING OF CRED- ITORS. Court may call when necessary. XXVI. ACCOUNTS OF REFEREE. Referee to keep account of ex- penses. XXVII. REVIEW BY JUDGE. Petition for review to be filed with the referee. XXVIII. REDEMPTION OF PROP- ERTY AND COMPOUNDING OF CLAIMS. Trustee or creditor may file petition for. XXIX. PAYMENT OF MONEYS DE- POSITED. 258 GENERAL ORDERS IN BANKRUPTCY. Money drawn on check; counter- signed by the judge or referee. XXX. IMPRISONED DEBTOR. Court may issue writ of habeas corpus for imprisoned debtor practice. XXXI. PETITION FOR DISCHARGE What to state. XXXII. OPPOSITION TO DIS- CHARGE OR COMPOSITION. Creditor must enter appearance must file specifications of ground. XXXIII. ARBITRATION. What application for authority to shall state. XXXIV. COSTS IN CONTESTED ADJUDICATIONS. Successful petitioning creditor to recover costs debtor to re- cover when. XXXV. COMPENSATION OF CLERK REFEREES AND TRUSTEES. (1) What clerk's fees to cover copies and notices. (2) What referee's fees to cover not expenses. (3) What compensation of trus- tee to cover; not expenses. (4) Fees in pauper cases how collected. XXXVI. APPEALS. (1) Appeals to Circuit Court of Appeals equity practice governs. () Appeals to Supreme Court of United States thirty day limit. (3) Record on appeal to Su- preme Court of United States. XXXVII. GENERAL PROVISIONS. Equity rules to control in equity cases law rules in law cases time for process, etc. XXXVIII. FORMS. Official forms to be used in pro- ceedings. In pursuance of the powers conferred by the Constitution and laws upon the Supreme Court of the United States, and particularly by the act of Congress approved July 1, 1898, entitled "An act to establish a uniform system of bankruptcy throughout the United States," it is ordered, on this 28th day of November, 1898, that the following rules be adoped and established as general orders in bankruptcy, to take effect on the first Monday, being the second day, of January, 1899. And it is further ordered that all proceedings in bankruptcy had before that day, in accordance with the act last aforesaid, and being in substantial conformity either with the provisions of these general orders, or else with the general orders established by this court under the bankrupt act of 1867 and with any general rules or special orders of the courts in bankruptcy, stand good, subject, however, to such further regulation by rule or order of those courts as may be necessary or proper to carry into force and effect the bankrupt act of 1898 and the general orders of this court. Section 30 provides that all rules, forms and orders prescribed by the Supreme Court govern as to procedure. Where rules differ from statutes, statute controls. In re Soper & Slada (1899), N. Dist. N. Y., Hotchkiss, R.; 1 A. B. R., 193; 1 N. B. N., 182. GENERAL ORDERS IN BANKRUPTCY. 259 I. DOCKET. [Clerk to keep docket Memorandum of proceedings.] The clerk shall keep a docket, in which the cases shall be entered and numbered in the order in which they are commenced. It shall contain a memorandum of the filing of the petition and of the action of the court thereon, of the reference of the case to the referee, and of the transmission by him to the clerk of his certified record of the proceedings, with the dates thereof, and a memorandum of all proceedings in the case except those duly entered on the referee's certified record aforesaid. The docket shall be arranged in a man- ner convenient for reference, and shall at all times be open to public inspection. As to duties of clerks see ante Section 51. See Gen. Ord. II as to filing of papers. As to reference, see Sec. 22a, also Form No. 14 for order of reference. As to referee's records, see Sec. 42a and b. II. FILING OF PAPERS. [Time of filing noted.] The clerk or the referee shall in- dorse on each paper filed with him the day and hour of filing, and a brief statement of its character. See ante as to duties of clerk, Section 51. As to filing of papers after reference see Gen. Ord. XX. Petition delivered to the clerk and endorsed filed, after office hours and not in his office, is filed according to law. In re Wolf (1899) , Dist. N. J., Kirkpatrick, J., 98 Fed., 84; 2 A. B. R., 322; 1 N. B. N., 505. III. PROCESS. [Process to issue out of court tested by clerk.] All process, summons and subpoenas shall issue out of the court, under the seal thereof, and be tested by the clerk; and blanks, 260 GENERAL ORDERS IN BANKRUPTCY. with the signature of the clerk and seal of the court, may, upon application, be furnished to the referees. As to process see United States equity rules 7 to 16 inclusive. IV. CONDUCT OF PROCEEDINGS. [May be in person or by attorney.] Proceedings in bank- ruptcy may be conducted by the bankrupt in person in his own behalf or by a petitioning or opposing creditor ; but a creditor will only be allowed to manage before the court his individual interest. Every party may appear and conduct the proceedings by attorney, who shall be an attorney or counselor authorized to practice in the circuit court or district court. The name of the attorney or counselor, with his place of business, shall be entered upon the docket,- with the date of the entry. All papers or proceedings offered by an attorney to be filed shall be indorsed as above required, and orders granted on motion shall contain the name of the party or attorney making the motion. Notices and orders which are not, by the act or by these general orders, required to be served on the party personally may be served upon his attorney. Appearance of attorney for the bankrupt who has not been admitted to district court will not vitiate petition. In re Kindt (1900), S. Dist. la., Shiras, J., 101 Fed., 107; 3 A. B. R., 546; 2 N. B. N., 306. Attorney for the bankrupt should not be the attorney for claimant. In re Kimball (1899), Dist. Mass., Lowell, J., 97 Fed., 29; 4 A. B. R., 144; 2 N. B. N., 46. V. FRAME OF PETITIONS. [Petition to be without abbreviations.] All petitions and the schedules filed therewith shall be printed or written out plainly, without abbreviation or interlineation, except GENERAL ORDERS IN BANKRUPTCY. 261 where such abbreviation and interlineation may be for the purpose of reference. As to form of petitions and schedules see Form No. 1. A petition praying adjudication, seizure by the Marshal of goods of bankrupt, and injunction is multifarious and should be dismissed official form No. 3 must be followed. In re Ogles (1899), W. Dist.Tenn. Hammond, J., 93 Fed., 426; 1 A. B. R., 672; 1 N. B. N., 400. The only prayer that should be contained in a petition in bankruptcy is that the insolvent debtor be adjudged a bankrupt. A petition con- taining more than this is multifarious. Mather v. Coe, Powers & Coe (1899), N. Dist. Ohio, Rick, J., 92 Fed., 133; 1 A. B. R., 504; 1 N. B., N., 554. VI. PETITIONS IN DIFFERENT DISTRICTS. [Hearing to be in district of debtor's domicile.] In case two or more petitions shall be filed against the same in- dividual in different districts, the first hearing shall be had in the district in which the debtor has his domicil, and the petition may be amended by inserting an allegation of an act of bankruptcy committed at an earlier date than that first alleged, if such earlier act is charged in either of the other petitions ; and in case of two or more petitions against the same partnership in different courts, each having jur- isdiction over the case, the petition first filed shall be first heard, and may be amended by an insertion of an allegation of an earlier act of bankruptcy than that first alleged, if such earlier act is charged in either of the other petitions ; and, in either case, the proceedings upon the other petitions may be stayed until an adjudication is made upon the petition first heard; and the court which makes the first adjudication of bankruptcy shall retain jurisdiction over all proceedings therein until the same shall be closed. In case two or more petitions shall be filed in different districts by different members of the same partnership for an ad- judication of the bankruptcy of said partnership, the court 262 GENERAL ORDERS IN BANKRUPTCY. in which the petition is first filed having jurisdiction shall take and retain jurisdiction over all proceedings in such bankruptcy, until the same shall be closed ; and if such peti- tions shall be filed in the same district, action shall be first had upon the one first filed. But the court so retaining jurisdiction shall, if satisfied that it is for the greatest convenience of parties in interest, that another of said courts should proceed with the cases, order them to be transferred to that court. Petitions may be amended on leave granted. Gen. Ord. XI. Petitions in different districts practice concerning. In re Waxel- baum (1899)), S. Dist. N. Y., Brown, J., 98 Fed., 589; 3 A. B. R., 392; 2 N. B. N., 103. VII. PRIORITY OF PETITIONS . [Petition alleging earliest act of bankruptcy to be first heard.] Whenever two or more petitions shall be filed by creditors against a common debtor, alleging separate acts of bankruptcy committed by said debtor on different days within four months prior to the filing of said petitions, and the debtor shall appear and show cause against an adjudica- tion of bankruptcy against him on the petitions, that petition shall be first heard and tried which alleges the com- mission of the earliest act of bankruptcy; and in case the several acts of bankruptcy are alleged in the different petitions to have been committed on the same day, the court before which the same are pending may order them to be consoldiated, and proceed to a hearing as upon one petition; and if an adjudication of bankruptcy be made upon either petition, or for the commission of a single act of bankruptcy, it shall not be necessary to proceed to a hearing upon the remaining petitions, unless proceedings be taken by the debtor for the purpose of causing such ad- judication to be annulled or vacated. GENERAL ORDERS IN BANKRUPTCY. 263 VIII. PROCEEDINGS' IN PARTNERSHIP CASES. [Partner may contest notice of filing.] Any member of a partnership, who refuses to join in a petition to have the partnership declared bankrupt, shall be entitled to resist the prayer of the petition in the same manner as if the petition had been filed by a creditor of the partnership and notice of the filing of the petition shall be given to him in the same manner as provided by law and by these rules in the case of a debtor petitioned against ; and he shall have the right to appear at the time fixed by the court for the hearing of the petition and to make proof, if he can, that the partnership is not insolvent or has not committed an act of bankuptcy, and to make all defenses which any debtor proceeded against is entitled to take by the provisions of the act ; and in case an adjudication of bankruptcy is made upon the petition, such partner shall be required to file a schedule of his debts and an inventory of his property in the same manner as is required by the act in cases of debtors against whom adjudication of bankruptcy shall be made. See Sec. 5 as to partners ante. Prayer of partnership petition should be to have firm adjudicated bankrupt. Defective petition may be amended. In re Meyers (1899), S. Dist. N. Y., Brown, J., 96 Fed., 408; 2 A. B. R., 770; 2 N. B. N., 111. Notice must be given to all members of a partnership before firm ad- judication. In re Murray, et al. (1899), N. Dist. la., Shiras, J., 96 Fed., 600; 3 A. B R., 601; 1 N. B. N., 532. All partners must be notified. In re Russell (1899), N. Dist. la., Shiras, J., 101 Fed., 248; 3 A. B. R., 91; 1 N. B. N., 532. IX. SCHEDULE IN INVOLUNTARY BANKRUPTCY. [When creditor to file.] In all cases of involuntary bank- ruptcy in which the bankrupt is absent or cannot be found, 264 GENERAL ORDERS IN BANKRUPTCY. 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 attach- ment against the debtor, or may himself furnish such schedule as aforesaid. Addresses of creditors should state street and number or schedules will be defective. If street and number not given it must be shown that a diligent effort was made to obtain them. In re Brumelkamp (1899), N. Dist. N. Y., Stone, R., 95 Fed., 814; 2 A. B. R., 318; 1 N. B. N., 360. X. INDEMNITY FOR EXPENSES. [Officers may require advance payment.] Before incurring any expense in publishing or mailing notices or in traveling or in procuring the attendance of witnesses, or in perpetuat- ing testimony, the clerk, marshal or referee may require, from the bankrupt or other person in whose behalf the duty is to be performed, indemnity for such expense. Money advanced for this purpose by the bankrupt or other person shall be repaid him out of the estate as part of the cost of administering the same. As to expenses of administration see Section 62. XL AMENDMENTS. [Court may allow practice.] The court may allow amend- ments to the petition and schedule on application of the petitioner. Amendments shall be printed or written, signed and verified, like .original petitions and schedules. If amendments are made to separate schedules, the same GENERAL ORDERS IN BANKRUPTCY. 265 must be made separately, with proper references. In the application for leave to amend, the petitioner shall state the cause of the error in the paper originally filed. No summons, writ, declaration, return, process, judgment, or other proceedings in civil causes, in any court of the United States shall be abated, arrested, quashed or reversed for any defect or want of form; but such court shall proceed and give judgment according as the right of the cause and matter in law shall appear to it, without regarding any such defect, or want of form, except those which, in cases of de- murer, the party demurringspeciallysetsdown.togetherwithhisdemurrer, as the cause thereot; and such court shall amend every such defect and want of form, other than those which the party demurring so expresses; and may at any time permit either of the parties to amend any defect in the process or pleadings, upon such conditions as it shall, in its dis- cretion and by its rules, prescribe. Rev. Stat. U. S. sec. 954. Amendments to specifications of objection to discharge allowed liberal- ly; even new grounds of objection may come in by amendment. In re Glass (1902), W. D. Tenn., Hammond, J., 119 Fed., 509. Amendments to a petition of involuntary bankruptcy alleging causes arising more than four months prior to the petition allowed. The bank- rupt's attorney's fees were, however, assessed against the petitioners. In re Strait (1899), N. Dist. N. Y., King, R.; 2 A. B. R., 308; 1 N. B. N., 354. An amended schedule should be filed as of the date of filing the origi ; nal petition. In re Harris (1899) , N. Dist. Ills., Wean, R. ; 1 N. B. N., 384. XII. DUTIES OF REFEREE. 1. [Bankrupt subject to orders of referee after reference.] The order referring a case to a referee shall name a day upon which the bankrupt shall attend before the referee; and from that day the bankrupt shall be subject to the orders of the court in all matters relating to his bankruptcy, and may receive from the referee a protection against arrest, to continue until the final adjudication on his application for a discharge, unless suspended or vacated by order of the court. A copy of the order shall forthwith be sent by mail to the referee, or be delivered to him personally by the 266 GENERAL ORDERS IN BANKRUPTCY. clerk or other officer of the court. And thereafter all the proceedings, except such as are required by the act or by these general orders to be had before the judge, shall be had before the referee. As to form of order of reference see form No. 14. 2. [Time and place when referee acts.] The time when and the place where the referees shall act upon the matters arising under the several cases referred to them shall be fixed by special order of the judge, or by the referee; and at such times and places the referees may perform the duties which they are empowered by the act to perform. Referee's finding as to fact will not be disturbed unless manifestly wrong. In re Waxelbaum (1900), N. Dist. Ga., Newman, J., 101 Fed., 228. 3. [What matters heard by judge reference on facts.] Applications for a discharge, or for the approval of a com- position, or for an injunction to stay proceedings of a court or officer of the United States or of a State, shall be heard and decided by the judge. But he may refer such an ap- plication, or any specified issue arising thereon, to the referee to ascertain and report the facts. This rule must be followed in involuntary cases. In re Humbert Co. (1900), N. Dist. la., Shiras, J., 100 Fed., 439; 4 A. B. R. ( 76. Questions arising on discharge may be referred to referee by the judge. In re McDuff (1900), C. C. A., 5th Cir., Pardee, J., 101 Fed., 241; 4 A. B. R., 110. Sufficiency of answer to an involuntary petition can not be raised by demurrer. Case should be set for hearing on bill and answer. Goldman, Beck & Co. v. Smith (1899), Dist. Ky., Barr., J., 93 Fed., 682; 1 A. B. R., 266; 1 N. B. N., 160. A creditor may be allowed to oppose an adjudication by intervening petition. Goldman, Beck & Co. v. Smith (1899), Dist. Ky., Barr., J., 93 Fed., 682; 1 A. B. R., 266; 1 N. B. N., 160. Petition for review of proceedings before the referee on a certificate by the referee to the judge is the only mode of bringing the ruling of th.e referee before the court. In re Kelley Dry Goods Co. (1900), E. Dist. Wis., Seaman, J., 102 Fed., 747; 4 A. B. R., 528. GENERAL ORDERS IN BANKRUPTCY. 267 XIII. APPOINTMENT AND REMOVAL OF TRUSTEE. [Appointed by creditors removed by judge.] The ap- pointment of a trustee by the creditors shall be subject to be approved or disapproved by the referee or by the judge ; and he shall be removable by the judge only. XIV. NO OFFICIAL OR GENERAL TRUSTEE. [Court not to appoint.] No official trustee shall be ap- pointed by the court, nor any general trustee to act in classes of cases. As to appointment of trustee see Section 2, sub. 17. XV. TRUSTEE NOT APPOINTED IN CERTAIN CASES. [No assets and no creditors no trustee.] If the schedule of a voluntary bankrupt discloses no assets, and if no creditor appears at the first meeting, the court may, by order setting out the facts, direct that no trustee be ap- pointed; but at any time thereafter a trustee may be ap- pointed, if the court shall deem it desirable. If no trustee is appointed as aforesaid, the court may order that no meeting of the creditors other than the first meeting shall be called. Estate will not be opened except for good cause. In re Soper & Slade (1899), N. Dist. N. Y., Hotchkiss, R.; 1 A. B. R., 193; 1 N. B. N., 182. On the discovery of assets after the first meeting of creditors at which no trustee was appointed, a trustee should be appointed. In re Smith (1899), W. Dist. Tex., Maxey, J., 93 Fed., 791; 2 A. B. R., 190; 1 N. B. N., 532. GENERAL ORDERS IN BANKRUPTCY. XVI. NOTICE TO TRUSTEE OP HIS APPOINTMENT. [Referee to notify trustee of appointment acceptance.] It shall be the duty of the referee, immediately upon the appointment and approval of the trustee, to notify him in person or by mail of his appointment ; and the notice shall require the trustee forthwith to notify the referee of his acceptance or rejection of the trust, and shall contain a statement of the penal sum of the trustee's bond. For form of notice, see form No. 24. XVII. DUTIES OP TRUSTEE. [Prepare inventory make report duty of referee to compel.] The trustee shall, immediately upon entering upon his duties, prepare a complete inventory of all the property of the bankrupt that comes into his possession. The trustee shall make report in the court, within twenty days after receiving the notice of his appointment, of the articles set off to the bankrupt by him, according to the provisions of the forty-seventh section of the act, with the estimated value of each article, and any creditor may take exceptions to the determination of the trustee within twenty days after the filing of the report The referee may re- quire the exceptions to be argued before him, and shall certify them to the court for final determination at the request of either party; In case the trustee shall neglect to file any report or statement which it is made his duty to file or make by the act, or by any general order in bankruptcy within five days after the same shall be due, it shall be the duty of the referee to make an order requiring the trustee to show cause before the judge, at a time specified in the order, why he should not be removed from office. The GENERAL ORDERS IN BANKRUPTCY. 269 referee shall cause a copy of the order to be served upon the trustee at least seven days before the time fixed for the hearing, and proof of the service thereof to be delivered to the clerk. All accounts of trustees shall be referred as of course to the referee for audit, unless otherwise specially ordered by the court. This rule must be observed as to appointment of trustee, etc., before the court can test the question of exemptions. In re Smith (1899), W. Dist. Tex., Maxey, J., 93 Fed., 791; 2 A. B. R., 190; 1 N. B. N., 532. The 20 day limitation to contest exemptions does not apply to the bankrupt but only to creditors. In re White (1900), Dist. Vt., Wheeler, J., 103 Fed., 774; 4 A. B. R., 613; 3 N. B. N., 27. Trustee must specify and separately appraise articles set off as ex. empt. In re Manning (1902), E. Dist. Penn., McPherson, J., 112 Fed., 948; 7 A. B. R., 571. XVIII. SALE OF PROPERTY. 1. [To be at public auction.] All sales shall be by public auction unless ordered otherwise by the court. 2. [When trustee authority to sell.] Upon application to the court, and for good cause shown, the trustee may be authorized to sell any specified portion of the bankrupt's estate at private sale ; in which case he shall keep an accurate account of each article sold, and the price received therefors and to whom sold ; which account he shall file at once with the referee. 3. [Sale of perishable property.] Upon petition by a bankrupt, creditor, receiver or trustee, setting forth that a part or the whole of the bankrupt's estate is perishable, the nature and location of such perishable estate, and that there will be loss if the same is not sold immediately, the court, if satisfied of the facts stated and that the sale is required in the interest of the estate, may order the same to 270 GENERAL ORDERS IN BANKRUPTCY. be sold, with or without notice to the creditors, and the proceeds to be deposited in court. XIX. ACCOUNTS OF MARSHAL. [Accounts to be under oath.] The marshal shall make return, under oath of his actual and necessary expenses in the service of every warrant addressed to him, and for custody of property, and other services, and other actual and necessary expenses paid by him, with vouchers therefor whenever practicable, and also with a statement that the amounts charged by him are just and reasonable. XX. PAPERS FILED AFTER REFERENCE. [Filed either with the referee or clerk.] Proofs of claims and other papers filed subsequently to the reference, ex- cept such as call for action by the judge, may be filed either with the referee or with the clerk. See general order II as to filing of petition. XXI. PROOF OF DEBTS. 1. [Depositions what to show.] Depositions to prove claims against a bankrupt's estate shall be correctly en- titled in the court and in the cause. When made to prove a debt due to a partnership, it must appear on oath that the deponent is a member of the partnership ; when made by an agent, the reason the deposition is not made by the claimant in person must be stated ; and when made to prove a debt due to a corporation, the deposition shall be made by the treasurer, or, if the corporation has no treasurer by the officer whose duties most nearly correspond to those of treasurer. Depositions to proved debts existing in open account shall state when the debt became or will become due; and if it consists of items maturing at different dates the average due date shall be stated, in default of which it GENERAL ORDERS IN BANKRUPTCY. 271 shall not be necessary to compute interest upon it. All such depositions shall contain an averment that no note has been received for such account, nor any judgment rendered thereon. Proofs of debt received by any trustee shall be delivered to the referee to whom the cause is re- ferred. As to proof of claims see Section 67. Proof of claim should state consideration and defective claims may be expunged when so defective. In re Scott (1899), N. Dist. Tex., Meek, J.; 1 A. B. R., 553; 1 N. B. N., 226. Creditors whose claims are disallowed should file petition for review of order of referee. Claims not reexamined after a year. In re Chambers, Calder & Co., Dist. R. I., Littlefield, R.; 6 A. B. R., 707. Proof of claim good although acknowledgment contains no venue, if it was on the form prescribed by the Supreme Court. In re Henschel, (1901) C. C. A., 2nd Cir., Wallace, J., 109 Fed., 861; 7 A. B. R., 305. This rule refers only to claims arising before the petition was filed, not to expenses of administration practice for creditors objecting to expenses of administration. In re Reliance Co. (1900), E. Dist. ?enn., McPherson, J., 100 Fed., 619; 4 A. B. R., 49. Notices of special meetings to reexamine claims should be sent by referee. In re Stoever, E. Dist. Perm., McPherson, J., 105 Fed., 355; 5 A. B. R., 250. Bankrupt may not ask for examination of claims under this clause, nor will the trustee be required so to do when the result would be to bar all claims against the estate. In re Lyon (1901), S. Dist. N. Y., Wise, R.; 7 A. B. R., 61. Petition for review to revive claim should be filed. Jury trial should be allowed creditor on question of solvency when their claims are at- tacked for preferences. In re Linton (1902), E. Dist. Penn., Hoffman, R.; 7 A. B. R., 676. 2. [Creditor may have notices sent to his address.] Any creditor may file with the referee a request that all notices to which he may be entitled shall be addressed to him at any place, to be designated by the postoffice box or street number, as he may appoint; and thereafter, and until some other designation shall be made by such creditor, all notices shall be so addressed; and in other cases notices shall be addressed as specified to the proof of debt. As to notices to creditors see Section 58. 272 GENERAL ORDERS IN BANKRUPTCY. 3. [Assigned claims notice to claimant.] Claims which have been assigned before proof shall be supported by a deposition of the owner at the time of the commencement of proceedings, setting forth the true consideration of the debt and that it is entirely unsecured, or if secured, the security, as is required in proving accrued claims. Upon the filing of satisfactory proof of the assignment of a claim proved and entered on the referee's docket, the referee shall immediately give notice by mail to the original claimant of the filing of such proof of assignment ; and, if no objection be entered within ten days, or within further time allowed by the referee, he shall make an order subrogating the as- signee to the original claimant. If objection be made, he shall proceed to hear and determine the matter. 4. [Contingent claims.] The claims of persons contin- gently liable for the bankrupt may be proved in the name of the creditor when known by the party contingently liable. When the name of the creditor is unknown, such claim may be proved in the name of the party contingently liable; but no dividend shall be paid upon such claim, ex- cept upon satisfactory proof that it will dimmish pro tanto the original debt. 5. [Acknowledgment of letter of attorney.] The execu- tion of any letter of attorney to represent a creditor, or of an assignment of claim after proof, may be proved or ac- knowledged before a referee, or a United States commis- sioner, or a notary public. When executed on behalf of a partnership or of a corporation, the person executing the instrument shall make oath that he is a member of the partnership, or a duly authorized officer of the corporation on whose behalf he acts. When the person executing is not personally known to the officer taking the proof or acknowl- edgment, his identity shall be established by satisfactory proof. GENERAL ORDERS IN BANKRUPTCY. 273 Power of attorney to vote by a partnership must be supported by oath that he is a member of the firm. In re Finley (1900), S. Dist. N. Y., Coxe, J.; 3 A. B. R., 738. Wide discretion is left with referee over allowance of claims his decisions on questions of fact have great weight with the court. In re Rider (1899), N. Dist. N. Y., Cox, J., 96 Fed., 811; 3 A. B. R., 192; 1 N. B. N., 483. Proof of claims of foreign creditors not within this rule. In re Suggen- heimer (1899), S. Dist. N. Y., Brown, J.; 1 A. B. R., 425; 1 N. B. N., 59 6. [Re-examination of claims practice.] When the trustee or any creditor shall desire the re-examination of any claim filed against the bankrupt's estate, he may apply by petition to the referee to whom the case is referred for an order for such re-examination, and thereupon the referee shall make an order fixing a time for hearing the petition, of which due notice shall be given by mail addressed to the creditor. At the time appointed the referee shall take the examination of the creditor, and of any witnesses that may be called by either party, and if it shall appear from such examination that the claim ought to be expunged or dimin- ished, the referee may order accordingly. XXII. TAKING OF TESTIMONY. [Examinations how conducted.] The examination of witnesses before the referee may be conducted by the party in person or by his counsel or attorney, and the witnesses shall be subject to examination and cross-examination, 274 GENERAL ORDERS IN BANKRUPTCY. which shall be had in conformity with the mode now adopted in courts of law. A deposition taken upon an examination before a referee shall be taken down in writing by him, or under his direction, in the form of narrative, unless he determines that the examination shall be by question and answer. When completed it shall be read over to the witness and signed by him in the presence of the referee. The referee shall note upon the deposition any question objected to, with his decision thereon; and the court shall have power to deal with the costs of incompetent, immaterial, or irrelevant depositions, or parts of them, as may be just. See as to evidence Section 21. Also Section 39. As to examination of witnesses see Section 55. Transactions prior to the passage of the act if tending to show fraud occurring subsequent may be inquired into. In re Headley, W. Dist. Mo., Phillips, J., 97 Fed., 765; 5 A. B. R., 272; 2 N. B. N., 250. XXIII. - ORDERS OF REFEREE. [What order to recite.] In all orders made by a referee, it shall be recited, according as the fact may be, that notice was given and the manner thereof; or that the order was made by consent; or that no adverse interest was repre- sented at the hearing; or that the order was made after hearing adverse interests. XXIV. TRANSMISSION OF PROVED CLAIMS TO CLERK. [Referee to transmit list to the clerk.] The referee shall forthwith transmit to the clerk a list of the claims proved against an estate, with the names and addresses of the prov- ing creditors. For form of list of claims see Form No. 19. GENERAL ORDERS IN BANKRUPTCY. 275 XXV. SPECIAL MEETINGS OF CREDITORS. [Court may call when necessary.] Whenever, by reason of a vacancy in the office of trustee, or for any other cause, it becomes necessary to call a special meeting of the creditors in order to carry out the purposes of the act, the court may call such a meeting, specifying in the notice the purpose for which it is called. As to meetings of creditors see Section 55. It is not the proper practice~to except to referee's decision there must be a petition for review. In re Russell (1900),N.Dist.Cal., DeHaven, J., 105 Fed., 501; 5 A. B. R., 566. Referee's findings are conclusive on review where no exceptions are filed to the report. In re Carver & Co. (1902), E. Dist. N. C., Purnell. J., 113 Fed., 113; 7 A. B. R., 539. XXVI. ACCOUNTS OF REFEREE. [Referee to keep account of expenses.] Every referee shall keep an accurate account of his traveling and inci- dental expenses, and of those of any clerk or other officer attending him in the performance of his duties in any case which may be referred to him ; and shall make return of the same under oath to the judge, with proper vouchers when vouchers can be procured, on the first Tuesday in each month Referee's expenses may include clerk hire. In re Tebo (1900) , Dist. West. Va., Jackson, J., 101 Fed., 419; 4 A. B. R., 235. XXVII. REVIEW BY JUDGE. [Petition for review to be filed with the referee.] When a bankrupt, creditor, trustee, or other person, shall desire a review by the judge of any order made by the referee, he shall file with the referee his petition therefor, setting 276' GENERAL ORDERS IN BANKRUPTCY. out the error complained of ; and the referee shall forthwith certify to the judge the question presented, a summary of the evidence relating thereto, and the rinding and order of the referee thereon. Ruling of the referee to which an exception is desired to be made to the judge should be followed by an order petition for review should also be filed. In re Smith (1899), W. Dist. Tex., Maxey, J., 93 Fed., 791; 2 A. B. R., 190. This rule must be followed before a referee's decision can be re- viewed. In're Schiller, W. Dist. Va., Paul, J., 96 Fed., 400; 2 A. B. R.; 704. This rule must be followed in reviewing referee's findings. In re Scott, E Dist N. C., Purnell, J., 93 Fed., 418; 3 A. B. R., 625; 2 N. B. N., 440. On appeal to court of appeals complaint of incomplete record not sus- tained, when shown that case proceeded from referee on his certificate and summary of the evidence. Cunningham v. Bank (1900), 101 Fed., 977; C. C. A., 6th Cir.; 4 A. B. R., 192; 2 N. B. N., 689. Petition for review of proceedings before the referee fora certificate by the referee to the judge are the only modes of bringing his proceedings before the judge. No general assignment of errors permissible. In re Kelly Dry Goods Co. (1900), E. Dist. Wis., Seaman, J., 102 Fed., 747; 4 A. B. R., 528. XXVIII. REDEMPTION OF PROPERTY AND COMPOUNDING OF CLAIMS. [Trustee or creditors may file petition for.] Whenever it may be deemed for the benefit of the estate of a bankrupt to redeem and discharge any mortgage or other pledge, or deposit or lien, upon any property, real or personal, or to relieve said property from any conditional contract, and to tender performance of the conditions thereof, or to com- pound and settle any debts or other claims due or belong- ing to the estate of the bankrupt, the trustee, or the bank- nipt, or any creditor who has proved his debt, may file his petition therefor; and thereupon the court shall appoint a suitable time and place for the hearing thereof, notice of which shall be given as the court shall direct, so that all GENERAL ORDERS IN BANKRUPTCY. 277 creditors and other persons interested may appear and show cause, if any they have, why an order should not be passed by the court upon the petition authorizing such act on the part of the trustee. XXIX. PAYMENT OF MONEYS DEPOSITED. [Money drawn on check countersigned by judge or ref- eree.] No moneys deposited as required by the act shall be drawn from the depository unless by check or warrant, signed by the clerk of the court, or by a trustee, and counter- signed by the judge of the court, or by a referee designated for that purpose, or by the clerk or his assistant under an order made by the judge, stating the date, the sum, and the account for which it is drawn ; and an entry of the substance of such check or warrant, with the date thereof, the sum drawn for, and the account for which it is drawn, shall be forthwith made in a book kept for that purpose by the trustee or his clerk; and all checks and drafts shall be en- tered in the order of time in which they are drawn, and shall be numbered in the case of each estate. A copy of this general order shall be furnished to the depository, and also the name of any referee or clerk authorized to countersign said checks. As to deposits and depositories for money see Section 61. Referee must not order payment of fund without authority from the judge. In re Cobb (1901), E. Dist. N. C., Purnell, J., 112 Fed., 655; 7 A. B. R., 202. XXX. IMPRISONED DEBTOR. [Court may issue writ of habeas corpus for imprisoned debtor.] If, at the time of preferring his petition, the debtor shall be imprisoned, the court, upon application, may order him to be produced upon habeas corpus, by the jailer or GENERAL ORDERS IN BANKRUPTCY. any officer in whose custody he may be, before the referee, for the purpose of testifying in any matter relating to his bankruptcy ; and, if committed after the filing of his petition upon process in any civil action founded upon a claim prov- able in bankruptcy, the court may, upon like application, discharge him from such imprisonment. If the petitioner, during the pendency of the proceedings in bankruptcy, be arrested or imprisoned upon process in any civil action, the district court, upon his application, may issue a writ of habeas corpus to bring him before the court to ascertain whether such process has been issued for the collection of any claim provable in bankruptcy, and if so provable he shall be discharged ; if not, he shall be remanded to the cus- tody in which he may lawfully be. Before granting the order for discharge the court shall cause notice to be served upon the creditor or his attorney, so as to give him an opportunity of appearing and being heard before the granting of the order. XXXI. PETITION FOR DISCHARGE. [What to state.] The petition of a bankrupt, for a dis- charge shall state concisely, in accordance with the provis- ions of the act and the orders of the court, the proceedings in the case and the acts of the bankrupt. For forms of petitions for discharge see Form 57. XXXII. OPPOSITION TO DISCHARGE OR COMPOSITION. [Creditor must enter appearance, must file specifications of grounds.] A creditor opposing the application of a bank- rupt for his discharge, or for the confirmation of a composi- tion, shall enter his appearance in opposition thereto on the GENERAL ORDERS IN BANKRUPTCY. 279 day when the creditors are required to show cause, and shall file a specification in writing of the grounds of his opposition within ten days thereafter, unless the time shall be enlarged by special order of the judge. See as to discharge Section 14b. Objections to discharge may be signed by attorneys at law authorized to practice in the United States District Court without showing written authorization. In re Gasser (1900), C. C. A., 8th Cir., Sanborn, J.,104 Fed., 537; 5 A. B. R., 32. Contra in re Glass (1902), N. D. ( Dis. Tenn., Hammond, J., 119 Fed., 501 (excepting under special order showing rea- sons) . Specifications of objections to discharge must be filed in due season. In re Albrecht (1900), E. Dist. Penn., McPherson, J., 104 Fed., 974; 5 A. B. R. ( 223. Objection to discharge must de specific, not general. In re Hixon (1899), S. Dist. la., Woolson, J., 93 Fed., 440; 1 A. B. R., 610; 1 N. B. N., 326. Specifications on objections to discharge must contain a scienter, but need not be with the certainty of an indictment. In re Kaiser (1900) , Dist. Minn., Lochren, J., 99 Fed., 689; 3 A. B. R., 767; 2 N. B. N., 123. Costs may be awarded against creditors who file objections to dis- charge. In re Wolpert (1899), N. Dist. N. Y., Hotchkiss, R.; 1 A. B. R., 436; 1 N. B. N., 238. Specifications of objections to discharge must be statements of is- suable facts, not mere conclusions of law. In re Holman, S. Dist. la., Woolson, J., 92 Fed., 512; 1 A. B. R., 600; 1 N. B. N., 553. Specifications on objections to discharge may in the discretion of the court be filed nunc pro tune. In re Frice (1899), S. Dist. la., Woolson, J., 96 Fed., 611; 2 A. B. R., 674; 1 N. B. N., 432. Specifications of objections to discharge must be definite and certain and allege statutory grounds. In re Peacock (1900), E. Dist. N. C., Purnell, J., 101 Fed., 560; 4 A. B. R., 136; 2 N. B. N., 758. For form of specifications on objection see form 58. Specifications may be verified nunc pro tune. In re Wolfstein (1899), N. Dist., N. Y., Brown, J.; 1 N. B. N., 202. Specifications on opposition to discharge must be clear, positive and direct. In re McGurn (1900), Dist. Nev., Hawley, J., 102 Fed., 743; 4 A. B. R., 459; 2 N. B. N., 877. Failure to file supplemental specifications with the time limit will en- 280 GENERAL ORDERS IN BANKRUPTCY. title to dismissal. In re Clothier (1901), E. Dist. Penn., McPherson, J., 108 Fed., 199; 6 A. B. R., 203. Specifications on objections to discharge in nature of pleadings. In re Wetmore, W. Dist. N. Y., Knight, R.; 6 A. B. R., 703. Specifications on objections to discharge may be made after the ten days for filing objections, provided they do not allege new matter omitting to allege the facts complained of were done knowingly and fraudulently if not raised by the bankrupt on the hearing is waived if hearing is had on the merits. In re Osborne, C. C. A., 1st Circt., Putnam, J.; 8 A. B. R., 165. Amendments liberally allowed even to introducing new grounds of objections in the specifications. In re Glass (1902), W. Dist. Tenn., Hammond, J., 119 Fed., 509. XXXIII. ARBITRATION. [What application for authority to shall state.] When- ever a trustee shall make application to the court for au- thority to submit a controversy arising in the settlement of a demand against a bankrupt's estate, or for a debt due to it, to the determination of arbitrators, or for authority to compound and settle such controversy by agreement with the other party, the application shall clearly and distinctly set forth the subject-matter of the controversy, and the reasons why the trustee thinks it proper and most for the interest of the estate that the controversy should be settled by arbitration or otherwise. XXXIV. COSTS IN CONTESTED ADJUDICATIONS. [Successful petitioning creditor to recover costs debtor to recover when.] In cases of voluntary bankruptcy, when the debtor resists an adjudication, and the court, after hearing, adjudges the debtor a bankrupt, the petitioning creditor shall recover, and, be paid out of the estate, the same costs that are allowed to a party recovering in a suit GENERAL ORDERS IN BANKRUPTCY. 281 in equity; and if the petition is dismissed, the debtor shall recover like costs against the petitioner. Attorney fee of bankrupt not allowed when he has opposed proceedings. In re Woodard, E. Dist. N. Carolina, Purnell, J.; 2 A. B. R., 692; 1 N. B. N., 385. XXXV. COMPENSATION OF CLERKS, REFEREES AND TRUSTEES. 1. [What clerk's fees to cover copies and notices.] The fees allowed by the act to clerks shall be in full compensa- tion for all services performed by them in regard to filing petitions or other papers required by the act to be filed with them, or certifying or delivering papers or copies of records to referees or other officers, or in receiving or pay- ing out money; but shall not include copies furnished to other persons, or expenses necessarily incurred in publish- ing or mailing notices or other papers. As to compensation of clerks see Section 52a. See Sec. 72 of bank- ruptcy act. 2. [What referees' fees to cover expenses.] The com- pensation of referees, prescribed by the act, shall be in full compensation for all services performed by them under the act, or under these general orders, but shall not include ex- penses necessarily incurred by them in publishing or mailing notices, in traveling, or in perpetuating testimony, or other expenses necessarily incurred in the performance of their duties under the act and allowed by special order of the judge. As to referees' expenses see general order 26; also Section 62. As to compensation of referees, see Section 40. Compensation not allowed referees for clerk hire. In re Carolina Cop- perage Co. (1899), E. Dist. N. C., Purnell, J., 96 Fed., 950; 3 A. B. R., 154; 1 N. B. N., 534. 3. [What compensation of trustees to cover not ex- penses.] The compensation allowed to trustees by the act GENERAL ORDERS IN BANKRUPTCY. shall be in full compensation for the services performed by them ; but shall not include expenses necessarily incurred in the performance of their duties and allowed upon the settlement of their accounts. As to compensation of trustees, see Section 48. See as to trustee compensation rate Sec. 72. 4. [Fees in pauper cases how collected.] In any case in which the fees of the clerk, referee and trustee are not required by the act to be paid by a debtor before filing his petition to be adjudged a bankrupt, the judge, at any time during the pendency of the proceedings in bankruptcy, may order those fees, to be paid out of the estate ; or may, after notice to the bankrupt, and satisfactory proof that he then has or can obtain the money with which to pay those fees, order him to pay them within a time specified, and, if he fails to do so, may order his petition to be dismissed. Petitioner can not pay his lawyer and then make the affidavit in forma pauperis. In re Collier (1899) , W. Dist. Tenn., Hammond, J. ( 93 Fed., 191 1 A. B. R., 182; 1 N. B. N., 257. As to filing petitions in forma pauperis see Section 51, sub. (2). In pauper cases the costs of the bankrupt are not a charge on his ex- emption he can not be expected to borrow the costs. Sellers v. Bell, C. C. A., 5th Cir., McCormick, J., 94 Fed., 801; 2 A. B. R., 529. XXXVI. APPEALS. [Appeals to Circuit Court of Appeals equity practice governs.] Appeals from a court of bankruptcy to a circuit court of appeals, or to the supreme court of a Territory, shall be allowed by a judge of the court appealed from or of the court appealed to, and shall be regulated, except as otherwise provided in the act, by the rules governing ap- peals in equity in the courts of the United States. GENERAL ORDERS IN BANKRUPTCY. 283 As to appeals see Section 25. As to methods of perfecting appeals see supplement to Revised Statutes of United States, page 902, 903. See also U. S. Eq. Rules post. 2. [Appeals to Supreme Court of U. S. thirty day limit.] Appeals under the act to the Supreme Court of the United States from a circuit court of appeals, or from the supreme court of a Territory, or from the supreme court of the District of Columbia, or from any court of bankruptcy whatever, shall be taken within thirty days after the judgment or de- cree, and shall be allowed by a judge of the court appealed from, or by a justice of the Supreme Court of the United States. 3. [Record on appeal to Supreme Court of U. S.] In every case in which either party is entitled by the act to take an appeal to the Supreme Court of the United States, the court from which the appeal lies shall, at or before the time of entering its judgment or decree, make and file a finding of the facts, and its conclusions of law thereon, stated separately; and the record transmitted to the Sup- preme Court of the United States on such an appeal shall consist only of the pleadings, the judgment or decree, the finding of facts, and the conclusions, of law. XXXVII. GENERAL PROVISIONS. [Equity rules govern in equity cases law rules in law cases time for process.] In proceedings in equity, instituted for the purpose of carrying into effect the provisions of the act, or for enforcing the rights and remedies given by it, the rules of equity practice established by the Supreme Court of the United States shall be followed as nearly as may be. In proceedings at law, instituted for the same purpose, the practice and procedure in cases at law shall be followed as 284 GENERAL ORDERS IN BANKRUPTCY. nearly as may be. But the judge may, by special order in any case, vary the time allowed for return of process, for appearance and pleading, and for taking testimony and publication, and may otherwise modify the rules for the preparation of any particular case so as to facilitate a speedy hearing. As to forms see Section 30 and title Forms in bankruptcy. XXXVIII. FORMS. [Official forms to be used.] The several forms annexed to these general orders shall be observed and used, with such alterations as may be necessary to suit the circumstances of any particular case. As amended by Act of 1903. See 4 of amendment, page , post. OFFICIAL FORMS IN BANKRUPTCY. [N. B. Oaths required by the act, except upon hearings in court, may be administered by referees and by officers authorized to administer oaths in proceedings before the courts of the United States, or under the laws of the State where the same are to be taken. Bankrupt Act of 1898, c. 4, Sec. 20.] These forms to be followed. Gen. Ord. XXXVIII. Sec., 30. [FORM No. 1.] DEBTOR'S PETITION. To the Honorable , Judge of the District Court of the United States for the District of : The petition of , of , in the county of and district and State of , [state occupation], respectfully represents: That he has had his principal place of business [or has resided, or has had his domicil] for the greater portion of six months next immediately preceding the filing of this petition at , within said judicial dis- trict; that he owes debts which he is unable to pay in full; that he is willing to surrender all his property for the benefit of his creditors except such as is exempt by law, and desires to obtain the benefit of the acts of Congress relating to bankruptcy. That the schedule hereto annexed, marked A, and verified by your petitioner's oath, contains a full and true statement of all his debts, and (so far as it is possible to ascertain) the names and places of residence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts: That the schedule hereto annexed, marked B, and verified by your petitioner's oath, contains an accurate inventory of all his property, both real and personal, and such further statements concerning said property as are required by the provisions of said acts : Wherefore your petitioner prays that he may be adjudged by the court to be a bankrupt within the purview of said acts. -, Attorney. United States of America, District of 285 286 OFFICIAL FORMS IN BANKRUPTCY. I, , the petitioning debtor mentioned and described in the foregoing petition, do hereby make solemn oath that the statements contained therein are^true according to the best of my knowledge, in- formation, and belief. , Petitioner. Subscribed and sworn to before me this day of , A. D 19. (Official character.) NOTES. Petition defined Sec. 1 (20). As to petitions see Sec. 59, ante, and notes. Petitions and schedules to be printed or written out plainly without abbreviation or interlineation. Gen. Ord. V. Addresses of creditors should state street and number or schedules will be defective. If street and number not given it must be shown that a diligent effort was made to obtain them. Re Brumelkamp, (1899) Nor. Dist. N. Y., Coxe, J. ( 95 Fed., 814; 2 A. B. R., 318; 1 N. B. N., 360. As to who may become bankrupts see Sec. 4. When petitions are filed against the same person in different districts Gen. Ord. VI. As to Residence of Petitioner within the District see Sec. 2 (1) ante. As to bankrupt's duty to file schedules see Sec. 7 (8). As to verification of petition see Sec. 18c and notes. OFFICIAL FORMS IN BANKRUPTCY. 287 H . 0. 3 Si* lii CdS H^.S iS 3 03 a o r2 o ence (if wn, that t be sta whi o (l.J Taxes and d and owing United Stat (2.) axes due and to the State o or to any count trict, or munici thereof. . Wages due workmen, clerks or servants, to an amount not exceed ing $300 each, earned within three months before filing the pe- Other debt ority by .S rt ^J cva 288 OFFICIAL FORMS IN BANKRUPTCY. || 1| ' 1 t3-a | e^J rs o8<*j O || s! 1 . O c'C cj P 3 -1 11 w "'17 01 o c a |8 |J IL ' | OJ g H |J o o a o OJ 5 P c'a 3 - a J c7 I o >> s n -f o *c < ? 3 , flj 3 1 W "^ .^ -^ ^ "3 HEDU *C 05 8 l^ 3 o > 5 3 *~ J .5 m* M M 03 - 11 Q 0) ^ ^r] "gS -J *S Sj| || 111 , It |^a 2 - *3 w *.a '3 8 IS S 111 0) hi gj-.a *S ^1^ a O o" o) fl m fe 111 S a rt fe o - ?- all * 2 .S i> ai ij fe T _^ *^ J3 I a o M p CO OFFICIAL FORMS IN BANKRUPTCY. 289 Sfc a 3 jj ix I s e ^ K. I o J ,2 < "O ' ^ JS i o u ^ Si _C ."t- Q 5 * o5 ^3 > *< V it" "*** o*S 9 i *i si ll - eS ~ 1 i i B.S G c^ * *M O -*J ** 1 : i ote, etc., a be stated Qj3 ft? C Q Jo IsffJ u:jl 1 1 H*i ,; 3 o i a a '"'Jag fl -J||; | 1 l S"l| H "Sja |J a > fe g ^^S 8 2o Sg O ** ll eo 1 d 5 gJ "o S 1^ ' o - C i^ si 8 s -S ^ CO i fe c h M ** F* 3 3 S'o I ^ > u*" "X e ' fc_ c o 5 g* l| > - o o-g 5 i>S *a^ 3 io si S " fc || *-! O C2 Sjj a fix r2 O ^1 1 ** 3 T V3 hi Q s rs 8 5 5 ^ S a 1 ' |1J o "3 < T3 3 m fH -= C^ r A U "** O) *^ o CO = - IM o *J ^ i ^ h CO 1 * * "o-S a> 4J ~* S r ' *" 3 O *'o O a e O a ^ SS a> 1 290 OFFICIAL FORMS IN BANKRUPTCY. sfe- s J=3 E !H I. 3 pQ at 50 o . c ^TJ 5.2 S I 3 2 . c o 1JI OFFICIAL FORMS IN BANKRUPTCY. 291 Ill b*> o I ^ w w i| *. a I " O *t\ J *> fl fl, d 3 O 1 - r5 , | "80 .Seo e 1 * 8 ^5 2 5*JS ? ^'S "2 Hi O ^ ' -5J SJ83 5-3 ^ i * " o M*p*p s a i"o *o2 5 h . 85 ' ' o"H ' J -^o i X^si ** bOw if* t) !' ' oT.S d ifi |..2 5.2 i .S.2 tt C3 o-g 8*3 ""a - -,- IIS ^1+3 nn I* 1 11 o_. "to 03 tf* a*3 S 1=3 i S fe o fl - 3 0*0 B* ~o Kl J3 03 H-g H a fe *'3 pE mS !] *l 8Ja A S Jd t. ^ a JJ C? "3 O o a 3 Ij 1 O S ""-> J3 o T3 H P. C fe.2 - 0) t> 2 j a> 1 1 w I &2 K 3 -3 S S M "O o 3 o E S2 nn c* 3 "^ R Q o 1 8 1J5 i "S S eg 2 t; O gg o3 .3 ^ &J:~3 3"" .. ^ " |g| 8*t| [ .1 ^J ' a 2 -S 5J^ tf^ a l o S B S fl BdB K ^4* P cd O *o S e) m rfh ; 3 a o j a I 5 f! ti OFFICIAL FORMS IN BANKRUPTCY. 293 s w IJ *i X 1 a l I "53 o o.a iHi J= x d L " * w ?? Bl rt|l|K| I^jti^Ili^i iitfSlllii 5 !! ESgo-uEgoss-oaS |l.!111=!1J-H liflalmli ila||S||if|l o - .* M x ^ u HsVili^iPi 32g-E*-blSfe1 ,'o'=o- u Sbcs - S^ ,.-6fff 1 2 1 294 OFFICIAL FORMS IN BANKRUPTCY. 115 II 1 si *1 fl 1*8 S.-*- C3 I s P CO o OFFICIAL FORMS IN BANKRUPTCY. 295 c a> 1 'S'Sa flE S -S J2 O s^ " - u fe &a 3 S 2- O ^, If ^ a"b^ ~*o ^ " '" c e a ^o !>. gi a> 3 ** < i xl CO 1 S-C ? i | Ill o fc.S.2 H | 5 a _ P^S i 1 ; *^ > * H "* 8 Sl|S | Jg'S'o a _a iif * q 'C S Ilia o Sj5a* 1 w'g.O'S'f o ^ wl^-jf* tj g**-> -2 oT s! O. C 1 fffl J 111 I ^' 2 o > 5 -2 ~ - f fc ". ^S3 "3 Jr*.lx .5 1 8o 6 t- -S o 1 I 111" ^ stsja jeraton, remainder, or ex particular description of r the benefit of creditors, Jized from the proceeds t General interest. 111 f^JI 15 4 | -s fjll., a s S TJ ^ ag^^o g-o cS 3 "Q - r r, i "^ _; -~ jg -. v D,* N ~ CJ "2 mS~ *" "Si y "o'e-gc o 2 g - i; T3GJaj3a t S s 1 si-sin s E<8| S Lf S K rt 0> O ^ ? bC_c CS ^ l* * 9 a a o s C'So u o >. 5 o a a .5 og--a bo a SL -9 -g l*^"?! || B^S S^ ' oj | o e S3 8 a fe 5 ^~ S * c" r o"! 1 c. o o 3 o o a 2 a go.' 5 "ug.2 3lfcS o > - 0. 6 W 0) o. X! O 01 O -s w o-f o *- .,<-< ' *- Cu 3 D " * S sss III 111 OFFICIAL FORMS IN BANKRUPTCY. 297 SCHEDULE B. (6) BOOKS, PAPERS, DEEDS, AND WRITINGS RELATING TO BANKRUPTS BUSINESS AND ESTATE. The following is a true list of all books, papers, deeds, and writings relating to my trade, business, dealings, estate, and effects, or any part thereof, which, at the date of this pe- tition, are in my possession or under my custody and control, or which are in the possession or custody of any person in trust for me, or for my use, benefit, or advantage; and also of all others which have been heretofore, at any time, in my possession, or under my custody or control, and which are now held by the parties whose names are hereinafter set forth, with the reason for their custody of the same. Books. Deeds. Papers. -, Petitioner. OATH TO SCHEDULE B. United States of America, District of , ss. On this day of , A. D. 19 , before me personally came , the person mentioned in and who was subscribed to the foregoing schedule, and who, being by me first duly sworn, did de- clare the said schedule to be a statement of all his estate, both real and personal, in accordance with the acts of Congress relating to bankruptcy. NOTE. See notes to schedule A. As to title to property see Sec. 70. [Official character.] 298 OFFICIAL FORMS IN BANKRUPTCY. i SUMMARY OF DEBTS AND ASSETS. [From the statements of the bankrupt in Schedules A and B.J Schedule A... Schedule A.. Schedule A... Schedule A... Schedule A... Schedule B... Schedule B... Schedule B.. 1 (1) Taxes and debts due United States 1 (2) Taxes due States, counties, districts, and municipalities 1 (3) Wages 1(4) Other debts preferred by law 2 Secured claims , 3 Unsecured claims 4 Notes and bills which ought to be paid by other parties thereto 5 Accommodation paper Schedule A, total 1 Real estate 2-a Cash on hand 2-b Bills promissory notes, and securities 2-c Stock in trade 2-d Household goods, &c 2-e Books, prints, and pictures 2-f Horses, cows, and other animals 2-g Carriages and other vehicles 2-h Farming stock and implements 2-i Shipping and shares in vessels 2-k Machinery, tools, &c 2-1 Patents, copywrights, and trade-marks 2-m Other personal property 3-a Debts due on open accounts 3-b Stocks, negotiable bonds, &c 3-c Policies of insurance 3-d Unliquidated claims 3-e Deposits of money in banks and elsewhere Property in reversion, remainder, trust, &c... Property claimed to be excepted 6 Books, deeds, and papers Schedule B, total.... OFFICIAL FORMS IN BANKRUPTCY. 299 [FORM No. 2.] PARTNERSHIP PETITION. To the Honorable , Judge of the District Court of the United States for the District of : The petition of respectfully represents: That your petitioners and have been partners under the firm name of , having their principal place of business at , in the county of , and district and State of , for the greater portion of the six months next immediately preceding the filing of this petition ; that the said partners owe debts which they are un- able to pay in full ; that your petitioners are willing to surrender all their property for the benefit of their creditors, except such as is exempt by law, and desire to obtain the benefit of the acts of Congress relating to bankruptcy. That the schedule hereto annexed, marked A, and verified by oath contains a full and true statement of all the debts of said partners, and, as far as possible, the names and places of residence of their creditors, and such further statements concerning said debts as are required by the provisions of said acts. That the schedule hereto annexed, marked B, verified by oath , contains an accurate inventory of all the property, real and personal, of said partners, and such further statements concerning said property as are required by the provisions of said acts. And said further states that the schedule hereto annexed, marked C, verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible, the names and places of residence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts; and that the schedule hereto annexed, marked D, verified by his oath, contains an accurate inventory of all his individual property, real and personal, and such fur- ther statements concerning said property as are required by the provisions of said acts. And said further states that the schedule hereto annexed marked E, verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible, the names and places of residence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts; and that the schedule hereto annexed, marked F, verified by his oath, contains an accurate inventory of all his individual property, real and personal, and such fur- ther statements concerning said property as are required by the provisions of said acts. And said further states that the schedule hereto an- 300 OFFICIAL FORMS IN BANKRUPTCY. nexed, marked G, verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible, the names and places of residence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts; and that the schedule hereto annexed, marked H, verified by his oath, contains an accurate inventory of all his individual property, real and personal, and such fur- ther statements concerning said property as are required by the provisions of said acts. And said further states that the schedule hereto an- nexed, marked J, verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible, the names and places of residence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts, and that the schedule hereto annexed, marked K, verified by his oath, contains an accurate inventory of all his individual property, real and personal, and such fur- ther statements concerning said property as are required by the provisions of said acts. Wherefore your petitioners pray that said firm may be adjudged by a decree of the court to be bankrupts within the purview of said acts. Petitioners. , Attorney . , the petitioning debtors mentioned and described in the foregoing petition, do hereby make solemn oath that the statements contained therein are true according to the best of their knowledge, in- formation, and belief. Petitioners. Subscribed and sworn to before me this day of , A. D. 19. [Official character.} [Schedules to be annexed corresponding with schedules under Form No. 1.] NOTES. As to partnership petitions see ante Sec. 5. As to priority of petitions see Gen. Ord. VII. For proceedings in partnership cases Gen. Ord. VIII. For involuntary petitions in different districts, Gen. Ord. VI. As to domicile and residence and court's jurisdiction to adjudicate in bank- ruptcy, Sec. 2 (1). See notes to Form No. 1, ante. OFFICIAL FORMS IN BANKRUPTCY. 301 [FORM No. 3.] CREDITOR'S PETITION. To the Honorable , judge of the District Court of the United States for the District of : The petition of , of , and , of , and , of , respectfully shows: That , of , has for the greater portion of six months next preceding the date of filing this petition, had his principal place of business, [or resided, or had his domicil] at , in the county of and State and district aforesaid, and owes debts to the amount of $1,000. That your petitioners are creditors of said , having provable claims amounting in the aggregate, in excess of securities held by them, to the sum of $500. That the nature and amount of your pe- titioners' claims are as follows: And your petitioners further represent that said solvent, and that within four months next preceding the date of this petition the said committed an act of bankruptcy, in that he did heretofore, to wit, on the day of Wherefore your petitioners pray that service of this petition, with a subpoena, may be made upon , as provided in the acts of Congress relating to bankruptcy, and that he may be adjudged by the court to be a bankrupt within the purview of said acts. Petitioners. -. Attorney. United States of America, District of , , , being three of the pe- titioners above named, do hereby make solemn oath that the statements contained in the foregoing petition, subscribed by them, are true. Before me, , this day of , 19 . (Official character.) [Schedules to be annexed corresponding with schedules under Form No. 1.] 302 OFFICIAL FORMS IN BANKRUPTCY. NOTES. As to creditors in involuntary petitions see ante Sec. 59. Duty to file schedules Gen. Ord. XI. As to schedules in involuntary cases, see Gen. Ord. IX and notes. See notes to Form No. 1. As to insolvency and acts of bankruptcy, see sec. 3. As to issuance and return of the subpoena, see Sec. 18 (a) and notes. The schedules may be annexed to the petition when it is filed, but the petition and schedules may be filed separately, the latter written four days after the date of adjudication, Gen. Ord. XI. This form must be strictly followed. The petition is bad if it asks for more than to have the insolvent debtor declared bankrupt. Mather v. Coe, Powers & Co. (1899), N. Dist. Ohio, Ricks, I., 90 Fed., 333; 1 A. B. R., 504; 1 A. B. N., 554. Where rules of court prescribe printed form it must be used. Mahoney v. Ward (1900), E. Dist. N. C., Purnell, J., 100 Fed., 278; 3 A. B. R., 770; 2. N. B. N., 538. Unless duplicate copy required by 59c filed within four months of acts of bankruptcy proceeding of no force even if original was filed in time. In re Stevenson (1899), Dist. Del., Bradford, J., 94 Fed., 110; 2 A. B. R. 66; 1 N. B. N., 313. Alleging more than found in this petition is multifariousness. Mather v. Coe (1899), Nor. Dist. O., Richs, J., 92 Fed., 333; 1 A. B. R., 504; 1 N. B. N., 294; In re Ogles (1899), W. Dist. Tenn., Hammond, J., 93 Fed., 426; 1 A. B. R., 671; 1 N. B. N., 326. Where creditor answers involuntary petition and alleges that defendant is not insolvent, the allegations of the answer must be taken as true if the case is submitted on pleadings. In re Taylor (1900), C. C. A., 7th Cir., Bunn, J., 102 Fed., 728; 4 A. B. R., 415. Form 3 was clearly intended for a creditor's petition against a partner- ship, Mather v. Coe, Powers & Co. (1899), N. Dist. Ohio, Ricks, J., 92 Fed., 333; 1 A. B. R., 504; 1 N. B. N., 554. OFFICIAL FORMS IN BANKRUPTCY. 303 [FORM No. 4.] ORDER TO SHOW CAUSE UPON CREDITOR'S PETITION. In the District Court of the United States for the District of In the matter of In Bankruptcy. Upon consideration of the petition of that be declared a bankrupt, it is ordered that the said do appear at this court, as a court of bankruptcy, to be holden at , in the district aforesaid, on the day of , at o'clock in the noon, and show cause, if any there be, why the prayer of said petition should not be granted; and It is further ordered that a copy of said petition, together with a writ of subpoena, be served on said , by delivering the same to him personally or by leaving the same at his last usual place of abode in said district, at least five days before the day aforesaid. Witness the Honorable , judge of the said court, and the seal thereof, at , in said district on the day of , A. D. 19. SEAL OP ,1 } THE COURT. ) Clerk. NOTE. As to pleadings and process see ante Sec. 18 and notes, Gen. Ord. Ill and XXXVII, and Equity Rules 13-16. 304 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 5.] SUBPOENA TO ALLEGED BANKRUPT. United States of America, District of . To , in said district, greeting: For certain causes offered before the District Court of the United States of America within and for the district of , as a court of bank- ruptcy, we command and strictly enjoin you, laying all other matters aside and notwithstanding any excuse, that you personally appear before our said District Court to be holden at , in said district, on the day of , A. D. 19 , to answer to a petition filed by in our said court, praying that you may be ad- judged a bankrupt; and to do further and receive that which our said District Court shall consider in this behalf. And this you are in no wise to omit, under the pains and penalties of what may befall thereon. Witness the Honorable , judge of said court, and the seal thereof, at , this day of A. D. 19 . f SEAL OF THE ) Clerk. \ COUET. j NOTE. See Sec. 18a and notes thereto, together with Gen. Ord. XXXVII and Equity rules 12-21. relative to the issuance of, service of and seal on process. OFFICIAL FORMS IN BANKRUPTCY. 305 [FORM No. 6.] DENIAL OF BANKRUPTCY. In the District Court of the United States for the District of In the matter of In Bankruptcy. At , in said district, on the day of , A. D. 19 . And now the said appears, and denies that he has com- mitted the act of bankruptcy set forth in said petition, or that he is in- solvent, and avers that he should not be declared bankrupt for any cause in said petition alleged ; and this he prays may be inquired of by the court [or, he demands that the same may be inquired of by a jury]. Subscribed and sworn to before me this day of , A. D. 19. [Official character.] NOTE. As to denial of bankruptcy see Sec. 18b ante. Trials by jury See Sec. 19. 306 OFFICIAL FORMS IN BANKRUPTCY. [FORM No 7.] ORDER FOR JURY TRIAL. In the District Court of the United States for the District of In the matter of In Bankruptcy. -, in said district, on the day of At Upon the demand in writing filed by ,19. -, alleged to be a bankrupt, that the fact of the commission by him of an act of bankruptcy and the fact of his insolvency may be inquired of by a jury, it is ordered that said issue be submitted to a jury. I SEAL OF THE 1 ( COURT. f Clerk. NOTE. As to when a jury trial may be demanded see Sec. 19 post and notes. See Gen. Ord. Ill as to seal of court on process. OFFICIAL FORMS IN BANKRUPTCY. 307 [FORM No. 8.) SPECIAL WARRANT TO MARSHAL. In the District Court of the United States for the District of- In the matter of In Bankruptcy. To the marshal of said district or to either of his deputies, greeting: Whereas a petition for adjudication of bankruptcy was, on the day of , A. D. 19 , filed against , of the County of and State of , in said district, and said petition is still pending; and whereas it satisfactorily appears that said has committed an act of bankruptcy [or has neglected or is neglecting, or is about to so neglect his property that it has thereby deteriorated or is thereby deteriorating or is about thereby to deteriorate in value], you are therefore authorized and required to seize and take possession of all the estate, real and personal, of said , and of all his deeds, books of account, and papers, and to hold and keep the same safely sub- ject to the further order of the court. Witness the Honorable , judge of the said court, and the seal thereof, at , in said district, on the of , A. D. ( SEAL or THE I 1 COUBT. f Clerk. RETURN BY MARSHAL THEREON. By virtue of the within warrant, I have taken possession of the estate of the within-named , and of all his deeds, books of account, and papers which have come to my knowledge. Marshal [or Deputy Marshal.] 308 OFFICIAL FORMS IN BANKRUPTCY. Fees and expenses. 1. Service of warrant 2. Necesaary travel, at the rate of six cents a mile each way 3. Actual expenses in custody of property and other services as fol- Here state the particulars.) Marshal or Deputy Marshal}. District of A. D. 19. Personally appeared before me the said and made oath that the above expenses returned by him have been actually incurred and paid by him, and are just and reasonable. Referee in Bankruptcy. NOTE. Sec. 2, (3) , (5) , gives authority to bankruptcy courts to appoint mar- shals. As to seizure of bankrupt's property prior to adjudication Sec. 3e and Sec. 69. See also Sec. 18a, Gen. Ord. Ill, and Equity Rule XV as to issuance and service of process. Before the issuing of the warrant the petitioners must file affidavits showing that property is deteriorating in value and file a bond to in- demnify the bankrupt for any loss he may suffer. Sec. 69 ante. See also notes to above. Gen. Ord. XIX covers return of marshal under oath as to his actual and necessary expenses. Oath may be administered by persons specified in Sec, 20. OFFICIAL FORMS IN BANKRUPTCY. 309 [FORM No. 9.] BOND OP PETITIONING CREDITOR. Know all men by these presents; That we , , as principal, and , as sureties, are held and firmly bound unto , in full and just sum of dollars, to be paid to the said , executors, administrators, or assigns, to which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, by these presents. Signed and sealed this day of A. D., 19 . The condition of this obligation is such that whereas a petition in bank- ruptcy has been filed in the district court of the United States for the district of against the said , and the said has applied to that court for a warrant to the marshal of said district directing him to seize and hold the property of said , subject to the further orders of said district court. Now, therefore, if such a warrant shall issue for the seizure of said prop- erty, and if the said shall indemnify the said for such damages as he shall sustain in the event such seizure shall prove to have been wrongfluly obtained, then the above obligation to bejvoid; otherwise to remain in full force and virtue. Sealed and delivered in presence of [SEAL.] [SEAL.] [SEAL.] Approved this day of , A. D. 19 . District Judge. NOTE. See Sec. 69 as to bond given on seizure of bankrupts property prior to adjudication. See also Sec. 3e as to sureties on bonds see Sec. 50. 310 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 10.] BOND TO MARSHAL. Know all men by these presents: That we, , as principal, and , as sureties, are held and firmly bound unto , marshal of the United States for the district of , in the full and just sum of dollars, to be paid to the said , his executors, administrators, or assigns, to which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, by these presents. Signed and sealed this day of A. D. 19 . The condition of this obligation is such that whereas a petition in bank- ruptcy has been filed in the district court of the United States for the district of , against the said , and the said court has issued a warrant to the marshal of the United States for said district, directing him to seize and hold property of the said , subject to the further order of the court, and the said property has been seized by said marshal as directed, and the said district court upon a petition of said has ordered the said property to be re- leased to him. Now, therefore, if the said property shall be released accordingly to the said , and the said , being adjudged a bankrupt, shall turn over said property or pay the value thereof in money to the trustee, then the above obligation to be void; otherwise to remain in full force and virtue. Sealed and delivered in the presence of [SEAL]. [SEAL]. [SEAL.] Approved this day of , A. D. 19 . District Judge, NOTE. As to release of seizure of the bankrupt's property prior to adjudica- tion see Sec. 69 relative to the bond required to be given by him. OFFICIAL FORMS IN BANKRUPTCY. 3ll [FORM No. 11.] ADJUDICATION THAT DEBTOR is NOT BANKRUPT. In the District Court of the United States for the District of 1 In the matter of In Bankruptcy. At , in said district, on day of , A. D. 19 , before the Honorable , judge of the district of . This cause came on to be heard at , in said court, upon the petition of that be adjudged a bankrupt within the true intent and meaning of the acts of congress relating to bankruptcy, and [Here state the proceedings, whether there was no opposition, or, if opposed, state what proceedings were had.] And thereupon, and upon consideration of the proofs in said cause [and the arguments of counsel thereon, if any], it was found that the facts set forth in said petition were not proved; and it is therefore adjudged that said was not a bankrupt, and that said petition be dismissed, with costs. Witness the Honorable , judge of said court, and the seal thereof, at , in said district, on the day of , A. D. 19. Clerk. j SEAL OF THE I I COXJHT. } NOTE. For definition of adjudication see Sec. 1, (2). As to acts of bankruptcy see Sec. 3; as to who may become bankrupts Sec. 4; as to adjudications in bankruptcy Sec. 2 (1), and Sec. 18. See Gen. Ord. XXXIV as to costs in contested cases. 312 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 12.] ADJUDICATION OF BANKRUPTCY. In the District Court of the United States for the District of in the matter of In Bankruptcy. Bankrupt. At , in said district, on the day of , A. D. 19 , before the Honorable , judge of said court in bankruptcy, the petition of that be adjudged a bankrupt, within the true intent and meaning of the acts of Congress relating to bankruptcy, having been heard and duly considered, the said is hereby declared and adjudged bankrupt accordingly. "^Witness the Honorable , judge of said court, and the seal thereof, at , in_said district, on the day of , A. D. 19. Clerk. ( SEAL OF THE \ 1 COUBT. j NOTE. See notes to Form No. 11. OFFICIAL FORMS IN BANKRUPTCY. 313 [FORM No. 13.] APPOINTMENT, OATH, AND REPORT OF APPRAISERS. In the District court of the United States for the district of . In the matter of In Bankruptcy. Bankrupt. It is ordered that , of , of and , of , three disinterested persons, be, and they are hereby, appointed appraisers to appraise the real and personal prop- erty belonging to the estate of the said bankrupt set out in the schedules now on file in this court, and report their appraisal to the court, said appraisal to be made as soon as may be, and the appraisers to be duly sworn. Witness my hand this day of , A. D. 19 . Referee in Bankruptcy. District of , ss: Personally appeared the within named and severally made oath that they will fully and fairly appraise the aforesaid real and per- sonal property according to their best skill and judgment. Subscribed and sworn to before me this day of , A. D. 19. [Official character.} We, the undersigned, having been notified that we were appointed to estimate and appraise the real and personal property aforesaid, have attended to the duties assigned us, and after a strict examination and careful inquiry, we do estimate and appraise the same as follows: 314 OFFICIAL FORMS IN BANKRUPTCY. Dollars. Cents In witness whereof we hereunto set our hands, at , this day of , A. D. 19. NOTE. As to appointment of appraisers see Sec. 70b; as to oaths see Sec. 20. OFFICIAL FORMS IN BANKRUPTCY. 315 [FORM No. 14.] ORDER OF REFERENCE. In the District Court of the United States for the District of In the matter of In Bankruptcy. Bankrupt Whereas , of , in the county of and district aforesaid, on the day of , A. D. 19 . was duly adjudged a bankrupt upon a petition filed in this court by [or, against] him on the day of , A. D. 19 , according to the provisions of the acts of Congress relating to bankruptcy, It is thereupon ordered, that said matter be referred to , one of the referees in bankruptcy of this court, to take such further pro- ceedings therein as are required by said acts ; and that said shall attend before said referee on the day of at , and thenceforth shall submit to such orders as may be made by said referee or by this court relating to said bankruptcy. Witness the Honorable , judge of the said court, and the seal thereof, at , in said district, on the day of , A. D. 19. Clerk. 1 SEAL OP THE > I COURT. f NOTE. As to reference of cases after adjudication see Sec. 22, and notes. See also Gen. Ord. XII. As to order of reference in the judges absence see Form 15. 316 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 15.] % ORDER OF REFERENCE IN JUDGE'S ABSENCE. In the District Court of the United States for the District of 1 In the matter of In Bankruptcy. Whereas on the day of , A. D. 19 , a petition was filed to have , of , in the county of and district aforesaid, adjudged a bankrupt according to the provisions of the acts of Congress relating to bankruptcy ; and whereas the judge of said court was absent from said district at the time of filing said petition [or, in case of involuntary bankruptcy, on the next day after the last day on which plead- ings might have been filed, and none have been filed by the bankrupt or any of his creditors], it is thereupon ordered that said matter be referred to , one of the referees in bankruptcy of this court, to con- sider said petition and take such proceedings therein as are required by said acts ; and that the said shall attend before said referee on the day of , A. D. 19 , at . Witness my hand and the seal of the said court, at , in said district, on the day of , A. D. 19 . Clerk. \ SEAL OP THE 1 I - COUBT. ) NOTE. As to reference in the judge's absence see Sec. 18f, g. See Form 14. Use of this form considered. In Re Munny, (1899) N. Dist. la., Shiras, J., 96 Fed., 600. 3 A. B. R., 601; 2 N. B. N., 164. OFFICIAL FORMS IN BANKRUPTCY. 317 [FORM No. 16.] REFEREE'S OATH OP OFFICE. I, , do solemnly swear that I will administer justice with- out respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as referee in bankruptcy, according to the best of my abilities and understanding, agreeably to the Constitution and laws of the United States. So help me God. Subscribed and sworn to before me this day of , A. D. 19 . District Judge. NOTE. As to oaths of office of referees see Sec. 36. As to Duties of Referee see Sees. 33 to 50, inclusive. 318 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 17.] BOND OF REFEREE. Know all men by these presents: That we of as principal, and of and of ,as sureties are held and firmly bound to the United States of America in the sum of dollars, lawful money of the United States, to be paid to the said United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, ex- ecutors, and administrators, jointly and severally, by these presents. Signed and sealed this day of A. D. 19 . The condition of this obligation is such that whereas the said , has been on the day of , A. D. 19 , appointed by the Honorable , judge of the district court of the United States for the district of , a referee in bankruptcy, in and for the county of , in said district, under the acts of Congress relating to bankruptcy. Now, therefore, if the said shall well and faithfully discharge and perform all the duties pertaining to the said office of referee in bankruptcy, then this obligation to be void; otherwise to remain in full force and virtue. Signed and sealed in the presence of .[L.B.] .[L.S.] .[L.8.] Approved this day of , A. D. 19 . District Judge. NOTE. As to bonds of referees and trustees see Sec. 50. OFFICIAL FORMS IN BANKRUPTCY. 319 [FORM No. 18.] NOTICE OP FIRST MEETING OF CREDITORS. In the District Court of the United States for the District of In Bankruptcy. In the matter of S-In|Bankruptcy. Bankrupt. To the creditors of , of , in the county of ," and district aforesaid, a bankrupt. Notice is hereby given that on the day of , A. D. 19 , the said was duly adjudicated bankrupt; and that the first meeting of his creditors will be held at in , on the day of , A. D. 19 , at o'clock in the noon, at which time the said creditors may attend, prove their claims, appoint a trustee, ex- amine the bankrupt, and transact such other business as may properly come before said meeting. Referee in Bankruptcy. -, 19 NOTE. As to meetings of creditors see Sec. 58 and Gen. Ord. XXI (a). As to proof and allowance of claims see Sec. 55, 57. As to appointment of trustees see Sec. 2 (17) 44, and general Ord. XIII. As to examinations of bankrupts see Sec. 7a (1,9), 320 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 19.] LISTS OF DEBTS PROVED AT FIRST MEETING. In the District Court of the United States for the District of In the matter of In Bankruptcy. Bankrupt. I At fore - -, in said district, on the day of -, A. D. 19, be- -, referee in bankruptcy. The following is a list of creditors who have this day proved their debts: Names of creditors. Residenc3. Debts, proved. Dolls. Cts. Referee in Bankruptcy. NOTE. Referee to keep record of all proceedings in each case before him, see Sec. 42. Referee's duty to transmit list of proved claims to Clerk. Gen. Ord. XXIV. OFFICIAL FORMS IN BANKRUPTCY. 321 [FORM No. 20.] GENERAL LETTER OF ATTORNEY IN FACT WHEN CREDITOR is NOT REPRE- SENTED BY ATTORNEY AT LAW. In the District Court of the United States for the District of In the matter of Bankruptcy. Bankrupt. To I, -- , of - , in the county of - and State of - do hereby authorize you, or any one of you, to attend the meeting or meetings of creditors of the bankrupt aforesaid at a court of bankruptcy, wherever advertised or directed to be holden, on the day and at the hour appointed and notified by said court in said matter, or at such other place and time as may be appointed by the court for holding such meeting or meetings, or at which such meeting or meetings, or any adjournment or adjournments thereof may be held, and then and there from time to time, and as often as there may be occasion, for me and in my name to vote for or against any proposal or resolution that may be then sub- mitted under the acts of Congress relating to bankruptcy; and in the choice of trustee or trustees of the estate of the said bankrupt, and for me to assent to such appointment of trutsee; and with like powers to attend and vote at any other meeting or meetings of creditors, or sitting or sittings of the court, which may be held therein for any of the purposes aforesaid; also to accept any composition proposed by said bankrupt in satisfaction of his debts, and to receive payment of dividends and Of money due me under any composition, and for any other purpose in my interest whatsoever, with full power of substitution. In witness whereof I have hereunto signed my name and affixed my seal the -- day of - , A. D. 19. Signed, sealed, and delivered in the presence of Acknowledged before me this day of , A. D. 19 . [Official character.] NOTE. As to definition of "creditor" see Sec. 1 (19). As to who may conduct proceedings Gen. Ord. IV. 322 OFFICIAL FORMS IN BANKRUPTCY. For execution of Letters of Attorney to represent creditors see Gen Ord. XXI (5). As to persons who may take acknowledgments see Sec. 20 and notes. [FORM No. 21.] SPECIAL LETTER OF ATTORNEY IN FACT. In the matter of In Bankruptcy. Bankrupt. To I hereby authorize you, or any one of you, to attend the meeting of cred- itors in this matter, advertised or directed to be holden at , on the day of , before , or any adjournment thereof, and then and there for and in name to vote for or against any proposal or resolution that may be lawfully made or passed at such meeting or adjourned meeting, and in the choice of trustee or trustees of the estate of the said bankrupt. . [L.S.] In witness whereof I have hereunto signed my name and affixed my seal the day of , A. D. 19. Signed, sealed, and delivered in presence of Acknowledged before me this day of , A. D. 19 . (Official character.) See notes to Form 20. OFFICIAL FORMS IN BANKRUPTCY. 323 [FORM No. 22.] APPOINTMENT OF TRUSTEE BY CREDITORS. In the District Court of the United States for the District of In the matter of Bankrupt. Bankruptcy. At fore - -, in said district, on the day of -, A. D. 19, be- referee in bankruptcy. This being the day appointed by the court for the first meeting of creditors in the above bankruptcy, and of which due notice has been given in the [here insert the names of the newspapers in which notice was pub- lished], we, whose names are hereunder written, being the majority in num- ber and in amount of claims of the creditors of the said bankrupt, whose claims have been allowed, and who are present at this meeting, do hereby appoint , of , in the county of and State of -, to be the trustee of the said bankrupt's estate and effects. Signatures of creditors. Residences of the same. Amount of debt. Dolls. Cta. Ordered that the above appointment of trustee be, and the same is hereby approved. Referee in Bankruptcy. NOTES. Definition of trustee Sec. 1 (26). As to appointment of trustees see Sec. 2 (17), 44, Gen. Ord. XIII, XIV, XV. As to their qualifications see Sec. 44. As to meetings of creditors see Sec. 55. As to voters at creditors' meetings see Sec. 56. As to notices to which creditors entitled see Sec. 58, Gen. Ord. XXI (2) . 324 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 23.] APPOINTMENT OF TRUSTEE BY REFEREE. In the District Court of the United States for the District of In the matter of In Bankruptcy. Bankrupt At , in said district, on the day of , A.[D. 19 ,|be- fore , referee in bankruptcy. This being the day appointed by the court for the first meeting of creditors under the said bankruptcy, and of which due notice has been given in the [here insert the names of the newspapers -in which notice was pub- lished] I, the undersigned referee of the said court in bankruptcy, sat at the time and place above mentioned, pursuant to such notice, to take the proof of debts and for the choice of trustee under the said bankruptcy; and I do hereby cretify that the creditors whose claims had been allowed and were present, or duly represented, failed to make choice of a trustee of said bankrupt's estate, and therefore I do hereby appoint of , in the county of and State of , as trustee of the same. Referee in Bankruptcy. NOTES. See notes to Form 22. See also Form 24. OFFICIAL FORMS IN BANKRUPTCY. 325 [PORM No. 24.] NOTICE TO TRUSTEE OP His APPOINTMENT. In the District Court of the United States for the District of In Bankruptcy. To , of , in the county of , and district afore- said: I hereby notify you that you were duly appointed trustee [or one of the trustees] of the estate of the above named bankrupt at the first meeting of the creditors, on the day of , A, D. 19 , and I have app- proved said appointment. The penal sum of your bond as such trustee has been fixed at dollars. You are required to notify me forth- with of your acceptance or rejection of the trust. Dated at the day of , A. D. 19. In the matter of Bankrupt. Referee in Bankruptcy. NOTE. Referee's duty to notify trustee of his appointment Gen. Ord. XVI. As to bond of trustee Sec. 50b and Form 25. 326 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 25.] BOND OF TRUSTEE. Know all men by these presents ; That we, , of , as principal, and , of , and , of , as sureties, are held and firmly bound unto the United States of America in the sum of dollars, in lawful money of the United States, to be paid to the said United States, for which payment, well and truly to be made, we bind ourselves and our heirs, executors and administrators, jointly and severally, by these presents. Signed and sealed this day of A. D. 19 . The condition of this obligation is such, that whereas the above-named was, on the day of , A. D. 19 , appointed trustee in the case pending in bankruptcy in said court, wherein is the bankrupt, and he, the said , has accepted said trust with all the duties and obligations pertaining thereunto: Now, therefore, if the said , trustee as aforesaid, shall obey such orders as said court may make in relation to said trust, and shall faithfully and truly account for all the moneys, assets, and effects of the estate of said bankrupt which shall come into his hands and pos- session, and shall in all respects faithfully perform all his official duties as said trustee, then this obligation to be void; otherwise, to remain in full force and virtue. Signed and sealed in presence of , [SEAL.] , [SEAL.] , [SEAL.] NOTE. See Sec. 50b and Form 26. OFFICIAL FORMS IN BANKRUPTCY. 327 [FORM No. 26.] ORDER APPROVING TRUSTEE'S BOND. At a court of bankruptcy, held in and for the District of , at , , this day of , 19 . Before , referee in bankruptcy, in the District Court of the United States for the District of . In the matter of >In Bankruptcy. Bankrupt. It appearing to the Court , of , and in said dis- trict, has been duly appointed trustee of the estate of the above-named bankrupt, and has given a bond with sureties for the faithful perform- ance of his official duties, in the amount fixed by the creditors [or by order of the court], to wit, in the sum of dollars, it is ordered that the said bond be, and the same is hereby approved. Referee in Bankruptcy. NOTE. As to trustee's bond see Sec. 50b and Form 25. [FORM No. 27.] ORDER THAT NO TRUSTEE BE APPOINTED. In the District Court of the United States for the District of- In the matter of In Bankruptcy, Bankrupt. It appearing that the schedule of the bankrupt discloses no assets, and that no creditor has appeared at the first meeting, and that the appoint- ment of a trustee of the bankrupt's estate is not now desirable, it is hereby ordered that, until further order of the court, no trustee be appointed and no other meeting of the creditors be called. Referee in Bankruptcy. NOTE. No trustee cases Gen. Ord. XV. 328 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 28.] ORDER FOR EXAMINATION OF BANKRUPT. In the District Court of the United States for the District of In the matter of Bankruptcy. Bankrupt. At , on the day of , A. D. 19 . Upon the application of , trustee of said bankrupt, it is ordered that said bankrupt, attend before , one of the referees in bankruptcy of this court, at on the day of , at o'clock in the noon, to submit to examination under the acts of Congress relating to bankruptcy, and that a copy of this order be delivered to him, the said bankrupt,, forthwith. , Referee in Bankruptcy. NOTES. Duty of bankrupt to attend meetings of creditors and submit to ex- amination Sec. 7a (1, 9). Duties to appear in court as witness Sec. 21a: Gen. Ord. XII (1). [FORM No. 29.] EXAMINATION OF BANKRUPT OR WITNESS. In the District Court of the United States for the District of . In the matter of In Bankruptcy. Bankrupt. At , in said district, on the day of , A. D. 19 , be- fore , one of the referees in bankruptcy of said court. , of , in the county of ,and State of , being duly sworn and examined at the time and place above mentioned, upon his oath says. [Here insert substance of examination of party.] , Referee in Bankruptcy. NOTES. Examination and testimony of bankrupts, Sec. 7a (1, 9), 21, Gen Ord. XXII and notes. For contempts before referees, Sec. 41. See also Forms 28, 30. OFFICIAL FORMS IN BANKRUPTCY. 329 [FORM No. 30.] SUMMONS TO WITNESS. To : Whereas , of , in the county of , and State of , has been duly adjudged bankrupt, and the proceeding in bankruptcy is pending in the District Court of the United States for the District of , These are to require you, to whom this summons is directed, personally to be and appear before , one of the referees in bankruptcy of the said court, at , on the day of , at o'clock in the noon, then and there to be examined in relation to said bank- ruptcy. Witness the Honorable Judge of said court and the seal thereof at , this day of , A. D. 19 . , Clerk. RETURN OF SUMMONS TO WITNESS. In the District Court of the United States for the District of . In the matter of J- In Bankruptcy. Bankrupt . On this day of , A. D. 19 , before me came- of , in the county of and State of , and makes oath, and says that he did, on , the day of , A. D. 19 , personally serve , of , in the county of and State of , with a true copy of the summons hereto annexed, by delivering the same to him; and he further makes oath, and says that he is not interested in the proceeding in bankruptcy named in said summons. Subscribed and sworn to before me this day of , A. D. 19 . NOTES. Orders to require attendance of witnesses, Sec. 21; test and process Gen. Ord. III. Oaths, Sec. 20. 330 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 31.] PROOF OP UNSECURED DEBT. In the District Court of the United States for the District of In the matter of In Bankruptcy. Bankrupt At , in said district of , on the day of , A. D. 19 , came ,of , in the county of , in said district of , and made oath, and says that , the person by [or against] whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of said petition, and still is, justly and truly indebted to said deponent in the sum of dollars; that the consideration of said debt is as follows: that no part of said debt has been paid [except- that there are no set-offs or counterclaims to the same [except- and that deponent has not, nor has any person by his order, or to his knowledge or belief, for his use, had or received any manner of security for said debt whatever. Creditor. Subscribed and sworn to before me this day of , A. D. 19 . [Official character.] NOTES. Proof and allowance of claims Sec. 57, Gen. Ord. XXI (1). If note given it should be filed with proof, Sec. 57b. If it is desired to compute interest on the claim, then a further allegation should be made setting out the time when debt became due, Gen. Ord, XXI (1). OFFICIAL FORMS IN BANKRUPTCY. 331 [FORM No. 32.] PROOF OF SECURED DEBT. In the District Court of the United States for the District of In the matter of S-In Bankruptcy. Bankrupt. At , in said district of , on the day of , A. D. 19 , came , of , in the county of , in said district of , and made oath, and says that , the person by [or against] whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of said petition, and still is, justly and truly indebted to said deponent, in the sum of dollars; that the consideration of said debt is as follows ; that no part of said debt has been paid [except ]; that there are no set-offs or counterclaims to the same [except ]; and that the only securities held by this deponent for said debt are the following : Creditor. Subscribed and sworn to before me this day of A. D. 19 . [Official character.] NOTES. As to secured debts see Sec. 57 and Gen. Ord. XXI. See notes to Form No. 31. 332 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 33.] PROOF OF DEBT DUE CORPORATION. In the District Court of the United States for the District of In the matter of >-In Bankruptcy. At , in said district of , on the day of , A. D. 19 , came , of , in the county of and State of , and made oath and says that he is of the , cor- poration incorporated by and under the laws of the State of , and carrying on business at , in the county of and State of , and that he is duly authorized to make this proof, and says that the said , the person by [or against] whom a petitioner for adjudication of bankruptcy has been filed, was at and before the filing of the said petition, and still is justly and truly indebted to said corpora- tion in the sum of dollars ; that the consideration of said debt is as follows: that no part of said debt has been paid [except ] ; that there are no set-offs or counter claims to the same [except- ]; and that said corporation has not, nor has any person by its order, or to the knowledge or belief of said deponent, for its use, had or received any manner of security for said debt whatever. of said corporation. Subscribed and sworn to before me this day of , A. D. 19 . [Official character.] NOTES. See notes to Forms 31, 32. As to proofs of claim by corporation, Gen. Ord. XXI (1). As to definition of corporation, Sec. l(b) and notes. OFFICIAL FORMS IN BANKRUPTCY. 333 [FORM No. 34.] PROOF OF DEBT BY PARTNERSHIP. In the District Court of the United States for the District of In the matter of >In Bankruptcy. Bankrupt. At , in said district of , on the day of , A. D 19 , came , of , in the county of , in sai^ district of , and made oath and says that he is one of the firm of , consisting of himself and , of , in the county of and State of ; that the said , the person by [or against] whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of said petition, and still is, justly and truly indebted to this deponent's said firm in the sum of dol- lars ; that the consideration of said debt is as follows : that no part of said debt has been paid [except ]; that there are no set-offs or counterclaims to the same [except ]; and this deponent has not, nor has his said firm, nor any person by their order, or to this deponent's knowledge or belief, for their use, had or re- ceived any manner of security for said debt whatever. Creditor. Subscribed and sworn to before me this day of , A. D. 19 . [Official character.] NOTES. See notes to forms 31, 32, 33. See Gen. Ord. XXI. 334 OFFICIAL FORMS IN BANKRUPTCY. fFoRM No. 35J PROOF OF DEBT BY AGENT OR ATTORNEY. In the District Court of the United States for the District of In the matter of > In Bankruptcy. Bankrupt. At in said district of on the day of , A. D. 19 , came , of , in the county of , and State of , attorney [or authorized agent] of , in the county of , and State of , and made oath and says that , the person by [or against] whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of said petition, and still is, justly and truly indebted to the said , in the sum of dollars; that the consideration of said debt is as follows: that no part of said debt has been paid [except and that this deponent has not, nor has any person by his order, or to this deponent's knowledge or belief, for his use had or received any manner of security for said debt whatever. And this deponent further says, that this deposition can not be made by the claimant in person because and that he is duly authorized by his principal to make this affidavit, and that it is within his knowledge that the aforesaid debt was incurred as and for the consideration above stated, and that such debt, to the best of his knowledge and belief, still remains unpaid and unsatisfied. Subscribed and sworn to before me this day of , A. D. 19 . [Official character.] NOTES. See notes to Forms No. 31, 32, 33, 34. OFFICIAL FORMS IN BANKRUPTCY. 335 [FORM No. 36.] PROOF OF SECURED DEBT BY AGENT. In the District Court of the United States for the District of . In the matter of >In Bankruptcy. Bankrupt. At , in said district of ,on the day of , A. D. 19 , came , of , in the county of , and State of , attorney [or authorized agent] of , in the county of , and State of , and made oath, and says that , tha person by [or against] whom a petition for adjudication of bankruptcy has been filed, was, at and before the filing of said petition, and still is, justly and truly indebted to the said in the sum of dollars; that the consideration of said debt is as follows: that no part of said debt has been paid [except- that there are no set-offs or counter claims to the same [except- and that the only securities held by said for said debt are the fol- lowing: and this deponent further says that this deposition can not be made by the claimant in person because and that he is duly authorized by his principal to make this deposition, and that it is within his knowledge that the aforesaid debt was incurred as and for the consideration above stated. Subscribed and sworn to before me this day of , A. D. 19 . [Official character.} NOTES. See notes to Forms 31, 32, 33, 34. \ 336 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 37.] AFFIDAVIT OF LOST BILL, OR NOTE. In the District Court of the United States for the District of In the matter of Bankrupt. >ln Bankruptcy. day of -, A. D. 19, at -, came -, and State of -, and makes oath On this of , in the county of and says that the bill of exchange [or note], the particulars whereof are underwritten, has been lost under the following circumstances, to wit, and that he, this deponent, has not been able to find the same; and this deponent further says that he has not, nor has the said , or any person or persons to their use, to this deponent's knowledge or belief, negotiated the said bill [or note], nor in any manner parted with or as- signed the legal or beneficial interest therein, or any . .,- it thereof ; and that he, this deponent, is the person now legally and beneficially interested in the same. BUI or note above referred to. Date. Drawer or maker. Acceptor. Sum. Subscribed and sworn to before me this day of -, A. D. 19. NOTES. See notes to Forms 31, 32, 33, 34. (Official character.) OFFICIAL FORMS IN BANKRUPTCY. 337 [FORM No. 38.] ORDER REDUCING CLAIM. In the District Court of the United States for the District of - <. In the matter of Vln Bankruptcy. Bankrupt. At , in said district, on the day of , A. D. 19 . Upon the evidence submitted to this court the claim of against said estate [and */ the fact be so, upon hearing counsel thereon], it is ordered, that the amount of said claim be reduced from the sum of as set forth in the affidavit in proof of claim filed by said creditor in said case, to the sum of , and that the latter-named sum be entered upon the books of the trustee as the true sum upon which a dividend shall be computed [if with interest, with interest thereon from the day of , A. D. 19]. Referee in Bankruptcy. NOTE. As to re-examination, reduction, or disallowance of claims, see Sec. 3 (2), 57d, f, k, 1, and Gen. Ord. XXI (6). [FORM No. 39.] ORDER EXPUNGING CLAIM. In the District Court of the United States for the District of "-. In the matter of Bankruptcy. Bankrupt . At , in said district, on the day of , A. D. 19 . Upon the evidence submitted to the court upon the claim of against said estate [and, */ the fact be so, upon hearing conusel thereon], it is ordered that said claim be disallowed and expunged from the list of claims upon the trustee's record in said case. Referee in Bankruptcy. NOTES. See notes to Form 38. 338 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 40.] LIST OF CLAIMS AND DIVIDENDS TO BE RECORDED BY REFEREE AND BY HIM DELIVERED TO TRUSTEE. In the District Court of the United States for the District of In the matter of Bankrupt . Bankruptcy. At , in said district, on the day of , A. D. 19. No. Creditors. To be placed alphabetically, and the names of all the parties to the proof to be care- fully set forth.] Sum proved. Dividend. Dollars. Cents. Dollars. Cents. Referee in Bankruptcy. NOTES. Duty of referee to declare dividends, Sec. 39a(l) . Declaration and payments of dividends, Sec. 47a, 55. As to notices to creditors of the declaration and time of payment, Sec. 58a(5). OFFICIAL FORMS IN BANKRUPTCY. 339 [FORM No. 41.] NOTICE OF DIVIDEND. In the District Court of the United States for the District of In the matter of Mn Bankruptcy. Bankrupt . At , on the day of , A. D. 19. To , Creditor of , bankrupt: I hereby inform you that you may, on application at my office, , on the day of , or on any day thereafter, between the hours of , receive a warrant for the dividend due to you out of the above estate. If you can not personally attend, the warrant will be de-. livered to your order on your filling up and signing the subjoined letter , Trustee. CREDITOR'S LETTER TO TRUSTEE. To , Trustee in bankruptcy of the estate of , bankrupt: Please deliver to the warrant for dividend payable out of the said estate to me. . Creditor. NOTES. Notices to be given by referee, 58. See as to notices, Gen. Ord. XXI. See notes to Form No. 40. 340 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 42.] PETITION AND ORDER FOR SALE BY AUCTION OF REAL ESTATE. In the District Court of the United States for the District of In the matter of > In Bankruptcy. Bankrupt . Respectfully represents , trustee of the estate of said bankrupt that it would be for the benefit of said estate that a certain portion of the real estate of said bankrupt, to wit; [here describe it and its estimated value] should be sold by auction, in lots or parcels, and upon terms and con- ditions as follows:- Wherefore he prays that he may be authorized to make sale by auction of said real estate as aforesaid. Dated this day of , A. D. 19. , Trustee. The foregoing petition having been duly filed, and having come on for hearing before me, of which hearing ten day's notice was given by mail to creditors of said bankrupt, now, after due hearing, no adverse interest being represented thereat [or after hearing in fa\ T or of said petition and in opposition thereto], it is ordered that the said trustee be authorized to sell the portion of the bankrupt's real estate specified in the foregoing petition, by auction, keeping an accurate account of each lot or parcel sold and the price received therefor and to whom sold; which said account he shall file at once with the referee. Witness my hand this day of , A. D. 19 . Referee in Bankruptcy. NOTES. As to sale of real and personal property, see Sec. 70b and Gen. Ord. XVIII. As to notices to creditors of sales of property, Sec. 58a(4), OFFICIAL FORMS IN BANKRUPTCY. 341 |FORM No. 43.] PETITION AND ORDER FOR REDEMPTION OF PROPERTY PROM LIEN. In the District Court of the United States for the District of In the matter of Bankruptcy. Bankrupt . Respectfully represents , trustee of the estate of said bankrupt, that a certain portion of said bankrupt's estate, to wit: [here describe the estate or property and its estimated value] is subject to a mort- gage [describe tlte mortgage], or to a conditional contract [describing it], or to a lien [describe the origin and nature of the lien], [or, if the property be personal property, has been pledged or deposited and is subject to a lien] for [describe the nature of the lien], and that it would be for the benefit of the estate that said property should be redeemed and discharged from the lien thereon. Wherefore he prays that he may be empowered to pay out of the assets of said estate in his hands the sum of , being the amount of said lien, in order to~redeem said property therefrom. Dated this day of , A. D. 19. , Trustee. The foregoing petition having been duly filed and having come on for a hearing before me, of which hearing ten days' notice was given by mail to creditors of said bankrupt, now, after due hearing, no adverse interest being represented thereat [or after hearing in favor of said petition and in opposition thereto], it is ordered that the said trustee be authorized to pay out of the assets of the bankrupt's estate specified in the foregoing petition the sum of , being the amount of the lien, in order to redeem the property therefrom. Witness my hand this day of , A. D. 19 . Referee in Bankruptcy. NOTES. Redemption of property and compounding of claims, Gen. Ord. XXVIII Notice to creditors, 58a(4), 342 OFFICIAL FORMS IN BANKRUPTCY. [FORM No 44.] PETITION AND ORDER FOR SALE SUBJECT TO LIEN. In the District Court of the United States for the District of In the matter of > In Bankruptcy. Bankrupt . Respectfully represents , trustee of the estate of said bankrupt, that a certain portion of said bankrupt's estate, to wit: [here describe the estate or property and its estimated value] is subject to a mort- gage [describe mortgage], or to a conditional contract [describe it], or to a lien [describe the origin and nature of the lien], or [if the property be personal property] has been pledged or deposited and is subject to a lien for [describe the nature of the lien], and that it would be for the benefit of the said estate that said property should be sold, subject to said mortgage, lien, or other incumbrance. Wherefore he prays that he may be authorized to make sale of said property, subject to the incumbrance thereon. Dated this day of , A. D. 19. , Trustee. The foregoing petition having been duly filed and having come on for a hearing before me, of which hearing ten days' notice was given by mail to creditors of said bankrupt, now, after due hearing no adverse interest being represented thereat [or after hearing in favor of said petition and in opposition thereto], it is ordered that the said trustee be authorized to sell the portion of the bankrupt's estate specified in the foregoing petition, by auction [or, at private sale], keeping an accurate account of the property sold and the price received therefor and to whom sold; which said account he shall file at once with the referee. Witness my hand this day of , A. D. 19 . Referee in Bankruptcy. NOTE. As to sale of property see Sec. 70b, Gen. Ord. XVIII. Notices to creditors, Sec. 58a(4). As to liens on property, see Sec. 67 and notes. OFFICIAL FORMS IN BANKRUPTCY. 343 [FORM No. 45.] PETITION AND ORDER FOR PRIVATE SALE. In the District Court of the United States for the District of In the matter of In Bankruptcy. Bankrupt . Respectfully represents , duly appointed trustee of the estate of the aforesaid bankrupt. That for the following reasons, to wit it is desirable and for the best interest of the estate to sell at private sale a certain portion of the said estate, to wit: Wherefore he prays that he may be authorized to sell the said property at private sale. Dated this day of , A. D. 19 . , Trustee. The foregoing petition having been duly filed and having come on for a hearing before me, of which hearing ten days' notice was given by mail to creditors of said bankrupt, now, after due 'hearing, no adverse interest being represented thereat [or after hearing in favor of said petition and in opposition thereto], it is ordered that the said trustee be authorized to sell the portion of the bankrupt's estate specified in the foregoing petition, at private sale, keeping an accurate account of each article sold and the price received therefor and to whom sold; which said account he shall file at once with the referee. Witness my hand this day of , A. D. 19 . Referee in Bankruptcy. NOTE. See notes to Form 44. 344 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 46.] PETITION AND ORDER FOR SALE OF PERISHABLE PROPERTY. In the District Court of the United States for the District of - In the matter of Vln Bankruptcy. Bankrupt . Respectfully represents the said bankrupt, [or, a creditor. or the receiver, or the trustee of the said bankrupt's estate.] That a part of the said estate, to wit, now in , is perishable, and that there will be a loss if the same is not sold immediately. Wherefore, he prays the court to order that the same be sold immedi- ately as aforesaid. Dated this day of , A. D. 19. The foregoing petition having been duly filed and having come on for a hearing before me, of which hearing ten days' notice was given by mail to the creditors of the said bankrupt, [or without notice to the creditors], now, after due hearing, no adverse interest being represented thereat, [jr after hearing in favor of said petition and in opposition thereto] I find that the facts are as above stated, and that the same is required in the interest of the estate, and it is therefore ordered that the same be sold forthwith and the proceeds thereof deposited in court. Witness my hand this day of , A. D. 19 . Referee in Bankruptcy. NOTE. See notes to Form 44. OFFICIAL FORMS IN BANKRUPTCY. 345 fjFoRM No. 47.] TRUSTEE'S REPORT OF EXEMPTED PROPERTY. In the District Court of the United States for the District of In the matter of Bankrupt. In Bankruptcy. At -, on the day of -, 19. The following is a schedule of property designated and set apart to be retained by the bankrupt aforesaid, as his own property, under the provisions of the acts of Congress relating to bankruptcy. General head. Particular description. Value. Military uniforms, arms, and. equipments. . Dolls. Cts. Property exempted by State laws. Trustee. NOTE. As to exemptions of bankrupts, see Sec. 6. Bankrupt's duty to claim exemptions, Sec. 7a(8.) Trustees' duty to set aside exemptions, Sec. 47a(ll), and Gen. Ord. XVII. 346 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 48.] TRUSTEE'S RETURN OP NO ASSETS. In the District Court of the United States for the District of In the matter of Vln Bankruptcy. Bankrupt At , in said district, on the day of , A. D. 19 . On the day aforesaid, before me comes , of , in the county of and State of , and makes oath, and says that he, as trustee of the estate and effects of the above-named bankrupt , neither received nor paid any moneys on account of the estate. Subscribed and sworn to before me at , this day of , A. D. 19. Referee in Bankruptcy. NOTE. Duties of trustees, Sec. 47 and Gen. Ord. XVII. OFFICIAL FORMS IN BANKRUPTCY. 347 w I .g H S5 1 O ? ll 1 t [FORM No. 49.] ACCOUNT OF TRUSTEE. 51 ^ 2 2* P ll II C'-a 348 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 50.] OATH TO FINAL ACCOUNT OF TRUSTEE. In the District Court of the United States for the District of In the matter of In Bankruptcy. Bankrupt. On this day of , A. D. 19 , before me comes of , in the county of and State of , and makes oath and says that he was, on the day of , A. D. 19 , appointed trustee of the estate and effects of the above named bankrupt, and that as such trustee he has conducted the settlement of the said estate. That the account hereto annexed containing sheets of paper, the first sheet whereof is marked with the letter [reference may here also be made to any prior account filed by said trustee] is true, and such account contains entries of every sum of money received by said trustee on account of the estate and effects of the above-named bankrupt , and that the payments purporting in such account to have been made by said trustee have been so made by him. And he asks to be allowed for said payments and for commissions and expenses as charged in said accounts. , Trustee. Subscribed and sworn to before me at in said district of , this day of , A. D. 19. [Official Character.] NOTE. See notes to Form 49; also Sec. 20 as to oaths. OFFICIAL FORMS IN BANKRUPTCY. 349 [FORM No. 51.] ORDER ALLOWING ACCOUNT AND DISCHARGING TRUSTEE. In the District Court of the United States for the District of , In the matter of >In Bankruptcy. Bankrupt. The foregoing account having been presented for allowance, and having been examined and found correct, it is ordered, that the same be allowed, and that the said trustee be discharged of his trust. Referee in Bankruptcy. NOTE. See notes to Form 49. [FORM No. 52.] PETITION FOR REMOVAL OF TRUSTEE. In the District Court of the United States for the District of In the matter of > In Bankruptcy. Bankrupt. To the Honorable , Judge of the District Court for the District of : The petition of , one of the creditors of said bankrupt, respectfully represents that it is for the interest of the estate, of said bankrupt that , heretofore appointed trustee of said bankrupt's estate, should be removed from his trust, for the causes following, to wit: [here set forth the particular cause or causes for which such removal is re- quested.] Wherefore pray that notice may be served upon said , trustee as aforesaid, to show cause, at such time as may be fixed by the court, why an order should not be made removing him from said trust. NOTE. Appointment and removal of trustees, Sec. 2(17), 44, 46, Gen. Ord. XIII. Notices to be given creditors, Sec. 58 and Gen. Ord. XXI (2). 350 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 53.] NOTICE OP PETITION FOR REMOVAL OF TRUSTEE. In the District Court of the United States for the District of In the matter of >In Bankruptcy. Bankrupt . At , on the day of , A. D. 19 . To , Trustee of the estate of , bankrupt: You are hereby notified to appear before this court, at , on the day of , A. D. 19 , at o'clock . m., to show cause (if any you have) why you should not be removed from your trust as trustee as aforesaid, according to the prayer of the petition of , one of the creditors of said bankrupt, filed in this court on the day of A. D. 19 , in which it is alleged [here insert the allegation of the petition]. , Clerk. NOTE. See notes to Form 52. OFFICIAL FORMS IN BANKRUPTCY. 351 [FORM No. 54.] ORDER FOR REMOVAL OF TRUSTEE. In the District Court of the United States for the District of In the matter of In Bankruptcy. Bankrupt Whereas , of , did, on the day of , A. D. 19 , present his petition to this court, praying that for the reasons therein set forth, , the trustee of the estate of said , bankrupt, might be removed: Now, therefore, upon reading the said petition of the said and the evidence submitted therewith, and upon hearing counsel on be- half of said petitioner and counsel for the trustee, and upon the evidence submitted on behalf of said trustee, It is ordered that the said be removed from the trust as trustee of the estate of said bankrupt, and that the costs of the said petitioner incidental to said petition be paid by said , trustee [or, out of the estate of the said , subject to prior charges]. Witness the Honorable , judge of the said court, and the seal thereof, at , in said district, on the day of , A. D. 19. j SEAL OF THE \ COURT. Clerk. NOTES. See notes to Form 52. 352 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 55.] ORDER FOR CHOICE OF NEW TRUSTEE. In the District Court of the United States for the District of In the matter of Bankruptcy. Bankrupt . At , on the day of , A. D. 19. Whereas by reason of the removal [or the death or resignation] of , heretofore appointed trustee of the estate of said bank- rupt, a vacancy exists in the office of said trustee, It is ordered that a meeting of the creditors of said bankrupt be held at , in , in said district, on the day of , A. D. 18 , for the choice of a new trustee of said estate. And it is further ordered that notice be given to said creditors of the time, place, and purpose of said meeting, by letter to each, to be deposited in the mail at least ten days before that day. , Referee in Bankruptcy. NOTES. See notes to Form 52 and see Form 54. OFFICIAL FORMS. IN BANKRUPTCY. 353 [FORM No. 56.] CERTIFICATE BY REFEREE TO JUDGE. In the District Court of the United States for the District of In the matter of In Bankruptcy. Bankrupt . I, , one of the referees of said court in bankruptcy, do hereby certify that in the course of the proceedings in said cause before me the following question arose pertinent to the said proceedings: [Here slate the question, a summary of tlie evidence relating thereto, and the finding and order of the referee tliereon.] And the said question is certified to the judge for his opinion thereon. Dated at , the day of , A. D. 19. Referee in bankruptcy. NOTES. See as to certificate Sec. 2(10) and notes. As to petition for review by judge, see Sec. 24f, 38a and Gen. Ord. XXVII. As to referee's return with certificate Sec. 39a(5). 354 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 57.] BANKRUPT'S PETITION FOR DISCHARGE. In the matter of Bankruptcy. Bankrupt . To the Honorable , Judge of the District Court of the United States for the District of . , of , in the county of and State of , in said district, respectfully represents that on the day of , last past, he was duly adjudged bankrupt under the acts of Congress relating to bankruptcy; that he has duly surrendered all his property and rights of property, and has fully complied with all the requirements of said acts and of the orders of the court touching his bankruptcy. Wherefore he prays that he may be decreed by the court to have a full discharge from all debts provable against his estate under said bank- rupt acts, except such debts as are excepted by law from such discharge. Dated this day of , A. D. 19. , Bankrupt. ORDER OF NOTICE THEREON. District of , ss. On this day of , A. D. 19 . on reading the foregoing petition, it is Ordered by the court, that a hearing be had upon the same on the day of , A. D. 19 , before said court, at , in said district, at o'clock in the noon ; and that notice thereof be published in , a newspaper printed in said district, and that all known creditors and other persons in interest may appear at the said time and place and show cause, if any they have, why the prayer of the said peti- tioner should not be granted. And it is further ordered by the court, that the clerk shall send by mail to all known creditors copies of said petition and this order, addressed to them at their places of residence as stated. Witness the Honorable , judge of the said court, and the seal thereof, at , in said district, on the day of , A. D. 19. Clerk. f SEAL OF THE \ \ COURT. / OFFICIAL FORMS IN BANKRUPTCY. 355 hereby depose, on oath, that the foregoing order was published in the on the following days, viz: On the day of and on the day of , in the year 19. District of . , 19. Personally appeared , and made oath that the foregoing statement by him subscribed is true. Before me. [Official character.] I hereby certify that I have on this day of , A. D. 19 , sent by mail copies of the above order, as therein directed. Clerk. NOTES. As to discharges in general, see Sec. 14 and notes. Revocation of discharges, see Sec. 16 and notes. Discharges granted by judge only, 38a(4). Notices to he given creditors, Sec. 58 and Gen. Ord. XXI (2). 356 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 58.] SPECIFICATION OF GROUNDS OF OPPOSITION TO BANKRUPT'S DISCHARGE. In the District Court of the United States for the District of . In the matter of >ln Bankruptcy. Bankrupt . -, of , in the county of and State of a party interested in the estate of said , bankrupt, do here- by oppose the granting to him of a discharge from his debts, and for the grounds of such opposition do file the following specification : [Here specify the grounds of opposition.] , Creditor. NOTES. Opposition to discharge or composition, see Sec. 14b and Gen. Ord. XXXII and notes. Specifications must be circumstantial and show statutory grounds of opposition, in re Price (1899), S. Dist. la., Woolson, J., 96 Fed., 611; 1 N. B. N., 18. Specification may be amended to show scienter. In re Pierce (1900), N. D. N. Y., Coxe, J., 103 Fed. 64; 4 A. B. R., 554; 2 N. B. N., 984. [FORM No. 59.] DISCHARGE OF BANKRUPT. District Court of the United States, Districtjof . Whereas, of in said district, has been duly ad- judged a bankrupt, under the acts of Congress relating to bankruptcy, and appears to have conformed to all the requirements of law in that behalf, it is therefore ordered by this court that said be discharged from all debts and claims which are made provable by said acts against his estate, and which existed on the day of , A. D. 19 , on which day the petition for adjudication was filed him; excepting such debts as are by law excepted from the operation of a dis- charge in bankruptcy. Witness the Honorable , judge of said district court, and the seal thereof this day of , A. D. 19 . Clerk. or THE J I CODRT. | NOTE. See references to Form 57. OFFICIAL FORMS IN BANKRUPTCY. 357 [FORM No. 60.] PETITION FOR MEETING TO CONSIDER COMPOSITION. District Court of the United States for the District of - Bankrupt . >ln Bankruptcy. To the Honorable , Judge of the District Court of the United States for the District of : The above-named bankrupt respectfully represent that a composition of per cent, upon all unsecured debts, not entitled to priority in satisfaction of debts has been proposed by to creditors as provided by the acts of Congress relating to bank- ruptcy, and verily believe that the said composition will be accepted by a majority in number and in value of creditors whose claims are allowed. Wherefore, he pray that a meeting of creditors may be duly called to act upon said proposal for a composition, according to the provisions of said acts and the rules of court. Bankrupt. 358 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 61.] APPLICATION FOR CONFIRMATION OF COMPOSITION. In the District Court of the United States for the District of In the matter of >In Bankruptcy. Bankrupt To the Honorable , Judge of the District Court of _ the United States for the District of . At , in said district, on the day of , A. D. 19 , now comes , the above-named bankrupt, and respectfully repre- sents to the court that, after he had been examined in open court [or at a meeting of his creditors] and had filed in court a schedule of his property and a list of his creditors, as required by law, he offered terms of composi- tion to his creditors, which terms have been accepted in writing by a majority in number of all creditors whose claims have been allowed, which number represents a majority in amount of such claims; that the con- sideration to be paid by the bankrupt to his creditors, the money neces- sary to pay all debts which have priority, and the costs of the proceedings amounting in all to the sum of dollars, has been deposited, subject to the order of the judge, in the National Bank, of , a designated depository of money in bankruptcy cases. Wherefore the said respectfully asks that the said com- position may be confirmed by the court. , Bankrupt. NOTE. As to compositions, see Sec. 12 and 13, and Gen. Ord. XII (3). See also notes to Form 58 as to opposition to confirmation. See notes to Form 62. OFFICIAL FORMS IN BANKRUPTCY. 359 [FORM No. 62.] ORDER CONFIRMING COMPOSITION. In the District Court of the United States for the District of In the matter of In Bankruptcy. Bankrupt. An application for the confirmation of the composition offered by the bankrupt having been filed in court, and it appearing that the composi- tion has been accepted by a majority in number of creditors whose claims have been allowed and of such allowed claims ; and the consideration and the money required by law to be deposited, having been deposited as ordered, in such place as was designated by the judge of said court, and subject to his order; and it also appearing that it is for the best interests of the creditors ; and that the bankrupt has not been guilty of any of the acts or failed to perform any of the duties which would be a bar to his discharge, and that the offer and its acceptance are in good faith and have not been made or procured by any means, promises, or acts contrary to the acts of Congress relating to bankruptcy: It is therefore hereby ordered that the said composition be, and it hereby is, confirmed. Witness the Honorable , judge of said court, and the seal thereof, this day of , A. D. 19. , Clerk. I SEAL OF THE ( ) COURT. j NOTES. As to confirmation of compositions, see Sec. 12 and 13. Debts released on confirmation of a composition, Sec. 14b. Opposition to composition, Gen. Ord. XXXII. Notices on composition, 58a(2) and Gen. Ord. XXI(2). 360 OFFICIAL FORMS IN BANKRUPTCY. [FORM No. 63.] ORDER OF DISTRIBUTION ON COMPOSITION. UNITED STATES OF AMERICA: In the District Court of the United States for the District of In the matter of In Bankruptcy. Bankrupt. The composition offered by the above named bankrupt in this case having been duly confirmed by the judge of said court, it is hereby ordered and decreed that the distribution of the deposit shall be made by the clerk of the court as follows, to wit: 1st, to pay the several claims which have priority; 2d, to pay the costs of proceedings; 3d, to pay, according to the terms of the composition, the several claims of general creditors which have been allowed, and appear upon a list of allowed claims, on the files in this case, which list is made a part of this order. Witness the Honorable , judge of said court, ahd the seal thereof, this day of , A. D. 19 . , Clerk. j SEAL OF THE ) ( COURT. f NOTE. See notes to Forms 60, 61, 62. EULES OF PRACTICE FOR THE COURTS OF EQUITY OF T HE UNITED STATES. [See Gen. Ord. XXVII.] PRELIMINARY REGULATIONS. Rule 1. [Courts always Open] The circuit courts, as court of equity, shall be deemed always open for the purpose of filing bills, answers, and other pleadings; for issuing and returning mesne and final process and com- missions; and for making and directing all interlocutory motions, orders, rules, and other proceedings, preparatory to hearing of all causes upon their merits. Rule 2. [Clerk] The clerk's office shall be open, and the clerk shall be in attendance therein, on the first Monday of every month, for the purpose of receiving, entering, en- tertaining, and disposing of all motions, rules, orders, and other proceedings, which are grantable of course and ap- plied for, or had by the parties or their solicitors, in all causes pending in equity, in pursuance of the rules hereby prescribed. Rule 3. [Judge may exercise powers of court.] Any judge of the circuit court, as well in vacation as in term, may, at chambers, or on the rule-days at the clerk's wffice, make and direct all such interlocutory orders, rules, 361 362 UNITED STATES EQUITY RULES. and other proceedings, preparatory to the hearing of all causes upon their merits in the same manner and with the same effect as the circuit court could make and direct the same in term, reasonable notice of the application therefor being first given to the adverse party, or his solicitor, to appear and show cause to the contrary, at the next rule-day thereafter, unless some other time is assigned by the judge for the hearing. Rule 4. [Entry of motions Notice to parties] All mo- tions, rules, orders, and other proceedings, made and directed at chambers, or on rule-days at the clerk's office, whether special or of course, shall be entered by the clerk in an order-book, to be kept at the clerk's office, on the day when they are made and directed ; which book shall be open at all office hours to the free inspection of the parties in any suit in equity, and their solicitors. And, except in cases where personal or other notice is specially required or directed, such entry in the order-book shall be deemed suffi- cient notice to the parties and their solicitors, without fur- ther service thereof, of all orders, rules, acts, notices, and other proceedings entered in such order book, touching any and all the matters in th^ suits to and in which they are parties and solicitors. And notice to the solicitors shall be deemed notice to the parties for whom they appear and whom they represent, in all cases where personal notice on the parties is not otherwise specially required. ^ Where the solicitors for all the parties in a suit reside in or near the same town or city, the judges of the circuit court may, by rule, abridge the time for notice of rules, orders, or other proceedings not requiring personal service on the parties, in their discretion. Rule 5 [Motions of course] All motions and appli- cations in the clerk's office for the issuing of mesne pro- cess and final process to enforce and execute decrees; for UNITED STATES EQUITY RULES. 363 filing bills, answers, pleas, demurrers, and other pleadings ; for making amendments to bills and answers, for taking bills pro confesso; for filing exceptions; and for other pro- ceedings in the clerk's office which do not, by the rules here- inafter prescribed, require any allowance or order of the court or of any judge thereof, shall be deemed motions and applications grantable of course by the clerk of the court. But the same may be suspended, or altered, or rescinded by any judge of the court, upon special cause shown. Rule 6. [Motions not of course] All motions for rules or orders and other proceedings, which are not grant- able of course or without notice, shall, unless a different time be assigned by a judge of the court, be made on a rule-day, and entered in the order-book, and shall be heard at the rule- day next after that on which the motion is made. And if the adverse party, or his solicitor, shall not then appear, or shall not show good cause against the same, the motion may be heard by any judge of the court ex parte, and granted, as if not objected to, or refused, in his discretion. PROCESS. Rule 7. [Subpoena] The process of subpoena shall constitute the proper mesne process in all suits in equity, in the first instance, to require the defendant to appear and answer the exigency of the bill; and, unless otherwise pro- vided in these rules, or specially ordered by the circuit court, a writ of attachment, and, if the defendant can not be found, a writ of sequestration, or a writ of assistance to enforce a delivery of possession, as the case may require, shall be the proper process to issue for the purpose of compelling obedience to any interlocutory or final order or decree of the court. Rule 8. [Final process] Final process to execute any decree may, if the decree be solely for the payment of 364 UNITED STATES EQUITY RULES. money, be by a writ of execution, in the form used in the cir- cuit court in suits at common law in actions of assumpsit. If the decree be for the performance of any specific act, as, for example, for the execution of a conveyance of land or the delivering up of deeds or other documents, the decree shall, in all cases, prescribe the time within which the act shall be done, of which the defendant shall be bound, with- out further service, to take notice ; and upon affidavit of the plaintiff, filed in the clerk's office, that the same has not been complied with within the prescribed time, the clerk shall issue a writ of attachment against the delinquent party, from which, if attached thereon, he shall not be dis- charged, unless upon a full compliance with the decree and the payment of all costs, or upon a special order of the court, or of a judge thereof, upon motion and affidavit, en- larging the time for the performance thereof. If the de- linquent party can not be found, a writ of sequestration shall issue against his estate upon the return of non est inventus, to compel obedience to the decree. Rule 9. [Writ of assistance] When any decree or order is for the delivery or possession, upon proof made by affidavit of a demand and refusal to obey the decree or order, the party prosecuting the same shall be entitled to a v/rit of assistance from the clerk of the court. Rule 10. [When person not a party is entitled to an order] Every person, not being a party in any cause, who has obtained an order, or in whose favor an order shall have been made, shall be enabled to enforce obedience to such order by the same process as if he were a party to the cause; and every person, not being a party in any cause, against whom obedience to any order of the court may be enforced, shall be liable to the same process for enforcing obedience to such orders as if he were a party in the cause. UNITED STATES EQUITY RULES. 365 SERVICE OF PROCESS. Rule 11. [Bill must be filed before process.] No process of subpoena shall issue from the clerk's office in any suit in equity until the bill is filed in the office. Rule 12. [What process to contain.] Whenever a bill is filed, the clerk shall issue the process of subpoena thereon, as of course, upon the application of the plaintiff, which shall contain the Christian names as well as the sur- names of the parties, and shall be returnable into the clerk's office the next rule day, or the next rule day but one at the election of the plaintiff, occurring after twenty days from the time of issuing thereof. At the bottom of the subpoena shall be placed a memorandum, that the defend- ant is to enter his appearance in the suit in the clerk's office on or before the day at which the writ is returnable ; other- wise the bill may be taken pro confesso. Where there are more than one defendant, a writ of subpoena may, at the election of the plaintiff, be sued out separately for each de- fendant, except in the case of husband and wife defendants, or a joint subpoena against all the defendants. Rule 13. [Service by copy.] The service of all sub pcenas shall be by a delivery of a copy thereof by the officei serving the same to the defendant personally, or by leaving a copy thereof at the dwelling-house or usual place of abode of each defendant, with some adult person who is a member or resident in the family. Rule 14. [Second subpoena.] Whenever any sub- poena shall be returned not executed as to any defendant, the plaintiff shall be entitled to another subpoena, toties quoties, against such defendant, if he shall require it, until due service is made. Rule 15. [Marshal to serve process return.] The service of all process, mesne and final, shall be by the 366 UNITED STATES EQUITY RULES. marshal of the district, or his deputy, or by some other person specially appointed by the court for that purpose, and not otherwise. In the latter case, the person serving the process shall make affidavit thereof. Rule 16. [Suit docketed on return of subpoena.] Upon the return of the subpoena as served and executed upon any defendant, the clerk shall enter the suit upon his docket as pending in the court, and shall state thejtime of the entry. APPEARANCE. Rule 17. Defendant to enter appearance when.] The appearance day of the defendant shall be the rule-day to which the subpoena is made returnable, provided he has been served with the process twenty days before that day; otherwise his appearance-day shall be the next rule- day succeeding the rule-day when the process is return- able. [Appearance entered on order book.] The appearance of the defendant, either personally or by his solicitor, shall be entered in the order book on the day thereof by the clerk. BILLS TAKEN PRO CONFESSO. Rule 18. [Defendant must answer default.] It shall be the duty of the defendant, unless the time shall be otherwise enlarged, for cause shown, by a judge of the court, upon motion for that purpose, to file his plea, demurrer, or answer to the bill, in the clerk's office, on the rule-day next succeeding that of entering his appear- ance. In default thereof, the plaintiff may, at his election, enter an order (as of course) in the order-book, that the bill be taken pro confesso; and thereupon the cause shall be pro- ceeded in ex parte, and the matter of the bill may be decreed by the court at any time after the expiration of thirty days UNITED STATES EQUITY RULES. 367 from and after the entry of said order, if the same can be done without an answer, and is proper to be decreed ; or the plaintiff, if he requires any discovery or answer to enable him to obtain a proper decree, shall be entitled to process of attachment against the defendant to compel an answer, and the defendant shall not, when arrested upon such process, be discharged therefrom, unless upon filing his answer, or otherwise complying with such order as the court or a judge thereof may direct as to pleading to or fully answering the bill, within a period to be fixed by the court or judge, and undertaking to speed the cause. Rule 19. [Decree on pro confesso setting order aside.] When the bill is taken pro confcsso the court may pro- ceed to a decree at any time after the expiration of thirty days from and after the entry of the order to take the bill pro confesso, and such decree rendered shall be deemed absolute, unless the court shall, at the same term, set aside the same, or enlarge the time for filing the answer, upon cause shown upon motion and affidavit of the defend- ant. And no such motion shall be granted, unless upon the payment of the cost of the plaintiff in the suit up to that time, or such part thereof as the court shall deem reasonable, and unless the defendant shall undertake to file his answer within such time as the court shall direct, and submit to such other terms as the court shall direct, for the purpose of speeding the same. FRAME OF BILLS. Rule 20. [What bill to contain.] Every bill, in the introductory part thereof, shall contain the names, places of abode, and citizenship of all parties, plaintiffs and defendants, by and against whom the bill is brought. The form, in substance, shall be as follows: "To the judges of the circuit court of the United States for the district of : A. B., of , and a citizen of the State of , brings this 368 UNITED STATES EQUITY RULES. his bill against C. D., of , and a citizen of the State of , and E. P., of , and a citizen of the State of . And thereupon your orator complains and says that," &c. Rule 21. [Charging confederating and jurisdiction clause may be omitted.] The plaintiff, in his bill, shall be at liberty to omit, at his option, the part which is usually called the common confederacy clause of the bill, averring a confederacy between the defendants to injure or defraud the plaintiff ; also what is commonly called the charging part of the bill, setting forth the matters or excuses which the defendant is supposed to intend to set up by way of defense to the bill ; also what is commonly called the jurisdiction clause of the bill, that the acts complained of are contrary to equity, and that the defendant is without any remedy at law; and the bill shall not be demurrable therefor. And the plaintiff may, in the narrative, or stating part of his bill, state and avoid, by counter-averments, at his option, any matter or thing which he supposes will be insisted upon by the defendant by way of defense or ex- cuse to the case made by the plaintiff for relief. The prayer of the bill shall ask the special relief to which the plaintiff supposes himself entitled, and also shall contain a prayer for general relief; and if an injunction, or a writ of ne exeat regno, or any other special order, pending the suit, is re- quired, it shall also be specially asked for. Rule 22. [Bill must show why necessary or proper parties, omitted.] If any persons, other than those named as defendants in the bill, shall appear to be necessary or proper parties thereto, the bill shall aver the reason why they are not made parties, by showing them to be without the jurisdiction of the court, or that they can not be joined without ousting the jurisdiction of the court as to the other parties. And as to persons who are without the juris- diction and may properly be made parties, the bill may UNITED STATES EQUITY RULES. 369 pray that process may issue to make them parties to the bill if they should come within the jurisdiction. Rule 23. [What prayer for process to contain.] The prayer for process of subpoena in the bill shall con- tain the names of all the defendants named in the intro- ductory part of the bill, and if any of them are known to be infants under age, or otherwise under guardianship, shall state the fact, so that the court may take order thereon, as justice may require upon the return of the process. If an injunction, or a writ of ne exeat regno, or any other special order, pending the suit, is asked for in the prayer for relief, that shall be sufficient, without repeating the same in the prayer for process. Rule 24. [Counsel must sign bill.] Every bill shall contain the signature of counsel annexed to it, which shall be considered as an affirmation on his part that, upon the instructions given to him and the case laid before him, there is good ground for the suit, in the manner in which it is framed. Rule 25. [State taxable costs to be followed.] In order to prevent unnecessary costs and expenses, and to promote brevity, succinctness, and directness in the allega- tions of bills and answers, the regular taxable costs, for every bill and answer shall in no case exceed the sum which is allowed in the State court of chancery in the district, if any there be ; but if there be none, then it shall not exceed the sum of three dollars for every bill or answer. SCANDAL AND IMPERTINENCE IN BILLS. Rule 26. [Scandal and impertinence to be expunged reference for.] Every bill shall be expressed in as brief and succinct terms as it reasonably can be, and shall contain no unnecessary recitals of deeds, documents, contracts, or other instruments, in hcsc verba, or any other impertinent 370 UNITED STATES EQUITY RULES. matter or any scandalous matter, not relevant to the suit. If it does, it may, on exceptions, be referred to a mas- ter, by any judge of the court, for impertinence or scan- dal ; and if so found by him, the matter shall be expunged at the expense of the plaintiff, and he shall pay to the de- fendant all his costs in the suit up to that time, unless the court or a judge thereof shall otherwise order. If the master shall report that the bill is not scandalous or im- pertinent, the plaintiff shall be entitled to all costs oc- casioned by the reference. Rule 27. [Exceptions for scandal and impertinence.] No order shall be made by any judge for referring any bill, answer, or pleading, or other matter or proceeding, depending before the court, for scandal or impertinence, unless exceptions are taken in writing and signed by counsel, describing the particular passages which are considered to be scandalous or impertinent; nor unless the exceptions shall be filed on or before the next rule-day after the process on the bill shall be returnable, or after the answer or pleading is filed. And such order, when obtained, shall be considered as abandoned, unless the party obtaining the order shall, without any unnecessary delay, procure the master to examine and report for the same on or before the next succeeding rule-day, or the master shall certify that further time is necessary for him to complete the examination. AMENDMENT OF BILLS. Rule 28. [Amendment when matter of course.] The plaintiff shall be at liberty, as a matter of course, and without payment of costs, to amend his bill, in any matters whatsoever, before any copy has been taken out of the clerk's office, and in any small matters afterwards such as filing blanks, correcting errors of dates, misnomer of parties, misdescription of premises, clerical errors, and gen- UNITED STATES EQUITY RULES. 371 erally in matters of form. But if he amend in a material point ( as he may do of course) after a copy has been so taken, before any answer or plea or demurrer to the bill, he shall pay to the defendant the costs occasioned thereby, and shall, without delay, furnish him a fair copy thereof, free of expense, with suitable references to the places where the same are to be inserted. And if the amendments are num- erous, he shall furnish, in like manner, to the defendant, a copy of the whole bill as amended ; and if there be more than one defendant, a copy shall be furnished to each defendant affected thereby. Rule 29. [Plaintiff may amend bill notice order.] After an answer, or plea, or demurrer is put in, and be- fore replication, the plaintiff may, upon motion or peti- tion, without notice, obtain an order from any judge of the court to amend his bill on or before the next succeeding rule-day, upon payment of costs or with- out payment of costs, as the court or a judge thereof may in his discretion direct. But after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice to the other party, and upon proof by affidavit that the same is not made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with rea- sonable diligence have been sooner introduced into the bill, and upon the plaintiff's submitting to such other terms as may be imposed by the judge for speeding the cause. Rule 30. [Amendment filed before next rule day.] If the plaintiff so obtaining any order to amend his bill after answer, or plea, or demurrer, or after replication, shall not file his amendments or amended bill, as the case may re- quire, in the clerk's office on or before the next succeeding rule-day, he shall be considered to have abandoned the 372 UNITED STATES EQUITY RULES. same, and the cause shall proceed as if no application for any amendment had been made. DEMURRERS AND PLEAS. Rule 31. [Certificate of council must accompany de- murrer.] No demurrer or plea shall be allowed to be filed to any bill, unless upon a certificate of counsel, that in his opinion it is well founded in point of law, and sup- ported by the affidavit of the defendant; that it is not interposed for delay; and, if a plea, that it is true in point of fact. Rule 32. [Fraud or combination charged must be an- swered.] The defendant may at any time before the bill is taken for confessed, or afterward with the leave of the court, demur or plead to the whole bill, or to part of it, and he may demur to part, plead to part, and answer as to the residue ; but in every case in which the bill specially charges fraud or combination, a plea to such part must be accompanied with an answer fortifying the plea and explicitly denying the fraud and combination, and the facts on which the charge is founded. Rule 33. [Setting down plea or demurrer for argument issue taken.] The plaintiff may set down the demurrer or plea to be argued, or he may take issue on the plea. If, upon an issue, the fact stated in the plea be determined for the defendant, they shall avail him as far as in law and equity they ought to avail him. Rule 34. [Costs on overruling plea.] If, upon the hearing, any demurrer or plea is overruled, the plaintiff shall be entitled to his costs in the cause up to that period unless the court shall be satisfied that the defendant has good ground, in point of law or fact, to interpose the same, and it was not interposed vexatiously or for delay. And, upon the overruling of any plea or demurrer, the defendant UNITED STATES EQUITY RULES. 373 shall be assigned to answer the bill, or so much thereof as is covered by the plea or demurrer, the next succeeding rule- day, or at such other period as, consistently with justice and the rights of the defendant, the same can, in the judgment of the court, be reasonably done ; in default whereof, the bill shall be taken against him pro confesso, and the matter thereof proceeded in and decreed accordingly. Rule 35. [Costs on allowance of plea.] If, upon the hearing, any demurrer or plea shall be allowed, the defend- ant shall be entitled to his costs. But the court may, in its discretion, upon motion of the plaintiff, allow him to amend his bill, upon such terms as it shall deem reasonable. Rule 36. [Demurrer or plea not overruled because too broad.] No demurrer or plea shall be held bad and over- ruled upon argument, only because such demurrer or plea shall not cover so much of the bill as it might by law have extended to. Rule 37. [Not overruled because answer covers same matter.] No demurrer or plea shall be held bad and over- ruled upon argument, only because the answer of the defend- ant may extend to some part of the same matter as may be covered by such demurrer or plea. Rule 38. [Bill dismissed unless plea set down or replied to.] If the plaintiff shall not reply to any plea, or set down any plea or demurrer for argument on the rule-day when the same is filed, or on the next succeeding rule-day, he shall be deemed to admit the truth and sufficiency thereof, and his bill shall be dismissed as of course, unless a judge of the court shall allow him further time for that purpose. ANSWERS. Rule 39. [Defendant may file plea and answer.] The rule, that if a defendant submits to answer he shall an- swer fully to all matters of the bill, shall no longer apply 374 UNITED STATES EQUITY RULES. in cases where he might by plea protect himself from such answer and discovery. And the defendant shall be entitled in all cases by answer to insist upon all matters of defense (not being matters of abatement, or to the character of the parties, or matters of form) in bar of or to the merits of the bill, of which he may be entitled to avail himself by a plea in bar; and in such answer he shall not be compellable to answer any other matters than he would be compellable to answer and discover upon filing a plea in bar and an answer in support of such plea, touching the matters set forth in the bill to avoid or repel the bar or defense. Thus, for example, a bona fide purchaser, for a valuable consideration without notice, may set up that defense by way of answer instead of plea, and shall be entitled to the same protection, and shall not be compellable to make any further answer or discovery of his title than he would be in any answer in support of such plea. Rule 40. [Answer required only to interrogatories.] A defendant shall not be bound to answer any statement or charge in the bill, unless specially and particularly interrogated thereto; and a defendant shall not be bound to answer any interrogatory in the bill, except those in- terrogatories which such defendant is required to an- swer; and where a defendant shall answer any statement or charge in the bill to which he is not interrogated, only by stating his ignorance of the matter so stated or charged, such answer shall be deemed impertinent. Ordered, (DECEMBER TERM, 1850). That the fortieth rule, heretofore adopted and promulgated by this court as one of the rules of practice in suits in equity in the circuit courts, be, and the same is hereby, repealed and annulled. And it shall not hereafter be necessary to interrogate a de- fendant specially and particularly upon any statement in the bill, unless the complainant desires to do so, to obtain a discovery. UNITED STATES EQUITY RULES. 375 Rule 41. [How interrogatories arranged.] The inter- rogatories contained in the interrogating part of the bill shall be divided as conveniently as may be from each other and numbered consecutively 1, 2, 3, etc. ; and the interro- gatories which each defendant is required to answer shall be specified in a note at the foot of the bill, in the form or to the effect following, that is to say: "The defendant (A. B.) is required to answer the interrogatories numb- ered respectively 1, 2, 3," etc. : and the office copy of the bill taken by each defendant shall not contain any in- terrogatories except those which such defendant is so re- quired to answer, unless such defendant shall require to be furnished with a copy of the whole bill. (Amendment to qist Equity Rule DECEMBER TERM, 1871.) [Answer evidence.] If the complainant, in his bill, shall waive an answer under oath, or shall only require an answer under oath with regard to certain speci- fied interrogatories, the answer of the defendant, though under oath, except such part thereof as shall be directly responsive to such interrogatories, shall not be evidence in his favor, unless the cause be set down for hearing on bill and answer only ; but may nevertheless be used as an affid- avit, with the same effect as heretofore, on a motion to grant or dissolve an injunction, or on any other incidental motion in the cause ; but this shall not prevent a defendant from becoming a witness in his own behalf under section 3 of the act of Congress of July 2, 1864. [Rev. Stat. U. S., Sec. 385.) Rule 42. [Note concerning interrogatories part of bill.] The note at the foot of the bill, specifying the interroga- tories which each defendant is required to answer, shall be considered and treated as part of the bill, and the ad- dition of any such note, after the bill is filed, shall be con- sidered and treated as an amendment of the bill. 376 UNITED STATES EQUITY RULES. Rule 43. [Frame of interrogating part.] Instead of the words of the bill now in use, preceding the interrogat- ing part thereof, and beginning with the words " To the end therefore," there shall hereafter be used words in the form or to the effect following: "To the end, therefore, that the said defendants may, if they can, show why your orator should not have the relief hereby prayed, and may, upon their several and respective corporal oaths, and according to the best and utmost of their several and respective knowl- edge, remembrance, information, and belief, full, true, direct, and perfect answers make to such of the several interroga- tories hereinafter numbered and set forth, as by the note hereunder written they are respectively required to answer ; that is to say : "1. Whether, &c. "2. Whether, &c." Rule 44. [Defendant may decline to answer interrogat- ory.] A defendant shall be at liberty, by answer, to de- cline answering any interrogatory, or part of an interrogat- ory, from answering which he might have protected him- self by demurrer ; and he shall be at liberty so to decline, notwithstanding he shall answer other parts of the bill from which he might have protected himself by demurrer. Rule 45. [Special replication not necessary.] No spe- cial replication to any answer shall be filed. But if any matter alleged in the answer shall make it necessary for the plaintiff to amend his bill, he may have leave to amend the same with or without the payment of costs, as the court, or a judge thereof, may in his discretion direct. Rule 46. [Supplemental answer.] In every case where an amendment shall be made after answer filed, the de- fendant shall put in a new or supplemental answer on or before the next succeeding rule-day after that on which the amendment or amended bill is filed, unless the time is en- UNITED STATES EQUITY RULES. 377 larged or otherwise ordered by a judge of the court ; and upon his default, the like proceedings may be had as in cases of an omission to put in an answer. PARTIES TO BILLS. Rule 47. [Proper parties may be omitted on cause shown.] In all cases where it shall appear to the court that persons, who might otherwise be deemed necessary or proper parties to the suit, can not be made parties by reason of their being out of the jurisdiction of the court, or incapable otherwise of being made parties or because their joinder would oust the jurisdiction of the court as to the parties before the court, the court may, in their discretion, proceed in the cause without making such persons parties ; and in such cases the decree shall be without prejudice to the rights of the absent parties. Rule 48. [Parties may be omitted.} Where the parties on either side are very numerous, and can not, with- out manifest inconvenience and oppressive delays in the suit, be all brought before it, the court in its discretion may dispense with making all of them parties, and may proceed in the suit, having sufficient parties before it to represent all the diverse interest of the plaintiffs and the defendants in the suit properly before it. But, in such cases, the decree shall be without prejudice to the rights and claims of all the absent parties. Rule 49. [Trustees parties when.] In all suits con- cerning real estate which is vested in trustees by devise, and such trustees are competent to sell and give discharges for the proceeds of the sale, and for the rents and profits of the estate, such trustees shall represent the persons bene- ficially interested in the estate, or the proceeds, or the rents and profits, in the same manner and to the same extent as the executors or administrators in suits concerning personal estate represent the persons beneficially interested in such 378 UNITED STATES EQUITY RULES. personal estate ; and in such cases it shall not be necessary to make the persons benefically interested in such real estates, or rents and profits, parties to the suit ; but the court may, upon consideration of the matter on the hearing, if it shall so think fit, order such persons to be made parties. Rule 50. [Parties in suits to execute trusts of a will.] In suits to execute the trusts of a will, it shall not be neces- sary to make the heir at law a party ; but the plain- tiffs shall be at liberty to make the heir at law a party where he desires to have the will established against him. Rule 51. [Defendants jointly and severally liable.] In all cases in which the plaintiff has a joint and several de- mand against several persons, either as principals co- sureties, it shall not be necessary to bring before the court as parties to a suit concerning such demand all the persons liable thereto ; but the plaintiff may proceed against one or more of the persons severally liable. Rule 52. [Setting down for argument on ground of de- fective parties.] Where the defendant shall, by his an- swer, suggest that the bill is defective for want of parties, the plaintiff shall be at liberty, within fourteen days after answer filed, to set down the cause for argu- ment upon that objection only; and the purpose for which the same is so set down shall be notified by an entry, to be made in the clerk's order-book, in the form or to the effect following, (that is to say) " Set down upon the defendant's objection for what of parties." And where the plaintiff shall not so set down his cause, but shall proceed therewith to a hearing, notwithstanding an objection for want of parties taken by the answer, he shall not, at the hearing of the cause, if the defendant's objection shall then be allowed be entitled as of course to an order for liberty to amend his bill by adding parties. But the court, if it thinks fit, shall be at liberty to dismiss the bill. UNITED STATES EQUITY RULES. 379 Rule 53. [Objection of want of proper parties.] If a defendant shall, at the hearing of a cause, object that a suit is defective for want of parties not having by plea or answer taken the objection, and therein specified by name or description of parties to whom the objection applies, the court (if it shall think fit) shall be at liberty to make a decree saving the rights of the absent parties. NOMINAL PARTIES TO THE BILLS. Rule 54. [When defendant need not answer.] Where no account, payment, conveyance, or other direct re- lief is sought against a party to a suit, not being an infant, the party, upon service of the subpoena upon him, need not appear and answer the bill, unless the plaintiff specially re- quires him so to do by the prayer of his bill ; but he may ap- pear and answer at his option ; and if he does not appear and answer he shall be bound by all the proceedings in the cause. If the plaintiff shall require him to appear and answer he shall be entitled to the costs of all the proceedings against him unless the court shall otherwise direct Rule 55. [Injunction to stay proceedings at law when granted as of course.] Whenever an injunction is asked for by the bill to stay proceedings at law, if the defendant do not enter his appearance and plead, demur, or answer to the same within the time prescribed therefor by these rules, the plaintiff shall be entitled as of course, upon motion, without notice, to such injunction. But special injunctions shall be grantable only upon due notice to the other party by the court in term, or by a judge thereof in vacation, after a hearing, which may be ex parte, if the adverse party does not appear at the time and place ordered. In every case where an injunction either the common injunction or a special injunction is awarded in vacation, it shall, unless previously dissolved by the judge 380 UNITED STATES EQUITY RULES. granting the same, continue until the next term of the court, or until it is dissolved by some other order of the court. BILLS OF REVIVOR AND SUPPLEMENTAL BILLS. Rule 56. [Bill of revivor on death of party.] When- ever a suit in equity shall become abated by the death of either party, or by any other event, the same may be re- vived by a bill of revivor or a bill in the nature of a bill of revivor, as the circumstances of the case may require, filed by the proper parties entitled to revive the same, which bill may be filed in the clerk's office at any time ; and, upon sug- gestion of the facts, the proper process of subpoena shall, as of course, be issued by the clerk, requiring the proper repre- sentatives of the other party to appear and show cause, if any they have, why the cause should not be revived. And if no cause shall be shown at the next rule-day which shall occur after fourteen days from the time of the service of the same process, the suit shall stand revived, as of course. Rule 57. [Supplemental bill may be filed.] Whenever any suit in equity shall become defective from any event happening after the filing of the bill (as, for example, by change of interest in the parties), or for any other reason a supplemental bill, or a bill in the nature of a supplemental bill, may be necessary to be filed in the cause, leave to file the same may be granted by any judge of the court on any rule-day upon proper cause shown and due notice to the other party. And if leave is granted to file such supple- mental bill, the defendant shall demur, plead, or answer thereto on the next succeeding rule-day after the supple- mental bill is filed in the clerk's office, unless some other time shall be assigned by a judge of the court. Rule 58. [What necessary to state in supplemental bill.] It shall not be necessary in any bill of revivor or supple- mental bill to set forth any of the statements in the original UNITED STATES EQUITY RULES. 381 suit, unless the special circumstances of the case may re- quire it. ANSWERS. Rule 59. [Verification of answer.] Every defendant may swear to his answer before any justice or judge of any court of the United States, or before any commissioner appointed by any circuit court to take testimony or depo- sitions, or before any master in chancery appointed by any circuit court, or before any judge of any court of a State or Territory, or before any notary public. AMENDMENT OF ANSWERS. Rule 60. [Answer how amended.] After an an- swer is put in, it may be amended, as of course, in any matter of form, or by filling up a blank, or correcting a date, or reference to a document, or other small matter, and be re- sworn, at any time before a replication is put in, or the cause is set down for a hearing upon bill and answer. But after replication, or such setting down for a hearing, it shall not be amended in any material matters, as by adding new facts or defenses, or qualifying or altering the original state- ments, except by special leave of the court, or of a judge thereof, upon motion and cause shown, after due notice to the adverse party, supported, if required, by affidavit ; and in every case where leave is so granted, the court or the judge granting the same may, in his discretion, require that the same be separately engrossed, and added as a distinct amendment to the original answer, so as to'be distinguish- able therefrom. EXCEPTIONS TO ANSWERS. Rule 61. [Time for exceptions to answers.] After an answer is filed on any rule-day, the plaintiff shall be allowed until the next succeeding rule-day to file in the clerk's office exceptions thereto for insufficiency, and no longer, unless a 382 UNITED STATES EQUITY RULES. longer time shall be allowed for the purpose, upon cause shown to the court, or a judge thereof ; and if no exception shall be filed thereto within that period, the answer shall be deemed and taken to be sufficient. Rule 62. [Same solicitor for different defendants.] When the same solicitor is employed for two or more defendants, and separate answers shall be filed, or other proceedings had, by two or more of the defendants separately, costs shall not be allowed for such separate answers, or other proceedings, unless a master, upon reference to him, shall certify that such separate answers and other proceedings were necessary or proper, and ought not to have been joined together. Rule 63. [Exceptions set down for hearing.] Where exceptions shall be filed to the answer for insufficiency, within the period prescribed by these rules, if the defendant shall not submit to the same and file an amended answer on the next succeeding rule-day, the plaintiff shall forthwith set them down for a hearing on the next succeeding rule- day thereafter, before a judge of the court, and shall enter, as of course, in the order-book, an order for that purpose; and if he shall not so set down the same for a hearing, the exceptions shall be deemed abandoned, and the answer shall be deemed sufficient; provided, however, that the court, or any judge thereof, may, for good cause shown enlarge the time for filing exceptions, or for answering the same, in his discretion, upon such terms as he may deem reasonable. Rule 64. [Answer after exceptions allowed.] If, at the hearing, the exceptions shall be allowed, the defendant shall be bound to put in a full and complete answer thereto on the next succeeding rule-day ; otherwise the plaintiff shall, as of course, be entitled to take the bill, so far as the matter of such exceptions is concerned, as confessed, or, at his UNITED STATES EQUITY RULES. '383 election, he may have a writ of attachment to compel the defendant to make a better answer to the matter of the exceptions ; and the defendant, when he is in custody upon such writ, shall not be discharged therefrom but by an order of the court, or of a judge thereof, upon his putting in such answer, and complying with such other terms as the court or judge may direct. Rule 65. [Costs on overruling answer.] If, upon argu- ment, the plaintiff's exceptions to the answer shall be over- ruled, or the answer shall be adjudged insufficient, the pre- vailing party shall be entitled to all the costs occasioned thereby, unless otherwise directed by the court, or the judge thereof, at the hearing upon the exceptions. REPLICATION AND ISSUE. Rule 66. [General replication when filed.] Whenever the answer of the defendant shall not be excepted to, or shall be adjudged or deemed sufficient, the plaintiff shall file the general replication thereto on or before the next succeeding rule-day thereafter; and in all cases where the general replication is filed, the cause shall be deemed, to all intents and purposes, at issue, without any rejoinder or other pleading on either side. If the plaintiff shall omit or refuse to file such replication within the prescribed period, the defendant shall be entitled to an order, as of course, for a dismissal of the suit; and the suit shall thereupon stand dismissed, unless the court, or a judge thereof, shall, upon motion, for cause shown, allow a replication to be filed nunc pro tune, the plaintiff submitting to speed the cause, and to such other terms as may be directed. TESTIMONY HOW TAKEN. Rule 67. [Commissions to take testimony.] After the cause is at issue, commissions to take testimony may be taken out in vacation as well as in term, jointly by both 384 UNITED STATES EQUITY RULES. parties, or severally by either party, upon interrogatories filed by the party taking out the same in the clerk's office, ten days' notice thereof being given to the adverse party to file cross-interrogatories before the issuing of the com- mission; and if no cross-interragatories are filed at the ex- piration of the time the commission may issue ex parte. In all cases the commissioner or commissioners may be named by the court or by a judge thereof; and the presiding judge of the court exercising jurisdiction may, either in term time or in vacation, vest in the clerk of the court general power to name commissioners to take testimony. [Testimony may be taken orally.] Either party may give notice to the other that he desires the evidence to be adduced in the cause to be taken orally, and thereupon all the witnesses to be examined shall be examined before one of the examiners of the court, or before an examiner to be specially appointed by the court. The examiner, if he so request, shall be furnished with a copy of the pleadings. [Cross-examination.] Such examination shall take place in the presence of the parties or their agents, by their counsel or solicitors, and the witnesses shall be subject to cross-ex- amination and re-examination, all of which shall be con- ducted as near as may be in the mode now used in common- law courts. [Depositions reduced to writing.] The depositions taken upon such oral examination shall be reduced to writing by the examiner, in the form of question put and answer given ; provided, that, by consent of parties, the examiner may take down the testimony of any witness in the form of narrative. [Stenographer may be employed.] At the request of either party, with reasonable notice, the deposition of any witness shall, under the direction of the examiner, be taken down either by a skillful stenographer or by a skillful type- writer, as the examiner may elect, and when taken steno- UNITED STATES EQUITY RULES. 385 graphically shall be put into typewriting or other writing ; provided, that such stenographer or typewriter has been appointed by the court, or is approved by both parties. [Testimony signed by witness.] The testimony of each witness, after such reduction to writing, shall be read over to him and signed by him in the presence of the examiner and of such of the parties or counsel as may attend ; provided that if the witness shall refuse to sign his deposition so taken, then the examiner shall sign the same, stating upon the record the reasons, if any, assigned by the witness for such refusal. [Competency of evidence not'passed/m by examiner.] The examiner may, upon all examinations, state any special mat- ters to the court as he shall think fit; and any question or questions which may be objected to shall be noted by the examiner upon the deposition, but he shall not have power to decide on the competency, materiality, or relevancy, of the questions ; and the court shall have power to deal with the costs of incompetent, immaterial, or irrelevant deposi- tions, or parts of them, as may be just. [Refusal of witnesses to attend.] In case of refusal of wit- nesses: to attend, to be sworn, or to answer any question put by the examiner, or by counsel or solicitor, the same practice shall be adopted is as now practiced with respect to witnesses to be produced on examination before an examiner of said court on written interrogatories. [Notice of examination.] Notice shall be given by the respective counsel or solicitors to the opposite counsel or solicitors, or parties, of the time and place of the examination for such reasonable time as the examiner may fix by order in each case. [Depositions transmitted to clerk.] When the examina- tion of witnesses before the examiner is concluded, the origi- nal depositions, authenticated by the signature of the ex- 386 UNITED STATES EQUITY RULES. aminer, shall be transmitted by him to the clerk of the court, to be there filed of record, in the same mode as prescribed in section 865 of the Revised Statutes. [Testimony by written interrogatories.] Testimony may be taken on commission in the usual way, by written in- terrogatories and cross-interrogatories, on motion to the court in term time, or to a judge in vacation, for special reasons, satisfactory to the court or judge. [Time for taking testimony assigned by court.] Where the evidence to be adduced in a cause is to be taken orally as before provided, the court may, on motion of either party, assign a time within which the complainant shall take his evidence in support of the bill, and a time thereafter within which the defendant shall take his evidence in de- fense, and a time thereafter within which the complainant shall take his evidence in reply; and no further evidence shall be taken in the cause, unless by agreement of the parties or by leave of court first obtained on motion for cause shown. [Expenses of depositions.] The expense of the taking down of depositions by a stenographer and of putting them into typewriting or other writing shall be paid in the first in- stance by the party calling the witness, and shall be imposed by the court, as part of the costs, upon such party as the court shall adjudge should ultimately bear them. [Evidence in open court.] Upon due notice given as pre- scribed by previous order, the court may, at its discretion permit the whole, or any specific part, of the evidence to be adduced orally in open court on final hearing. Rule 68. [Deposition according to Act of Congress.] Testimony may also be taken in the cause, after it is at issue, by deposition, according to the act of Congress. But in such case, if no notice is given to the adverse party of the time and place of taking the deposition, he shall, upon mo- UNITED STATES EQUITY RULES. 387 tion and affidavit of the fact, be entitled to a cross-examina- tion of the witness, either under a commission or by a new deposition taken under the acts of Congress, if a court or judge thereof shall, under all the circumstances, deem it reasonable. See Sec. 865-870 Revised S. of U. S. as to modes of taking deposi- tions. By act of March 9th, 1892, state law as to taking depositions may be followed. 2 Sinp. to R. S. of U. S., 4. Rule 69. [Time for taking testimony after cause at issue.] Three months, and no more, shall be allowed for the taking of testimony after the cause is at issue, unless the court, or a judge thereof, shall, upon special cause shown by either party, enlarge the time ; and no testimony taken after such period shall be allowed to be read in evidence at the hearing. Immediately upon the return of the commissions and deposi- tions containing the testimony into the clerk's office, publica- tion thereof may be ordered in the clerk's office, by any judge of the court, upon due notice to the parties, or it may be enlarged, as he may deem reasonable, under all the cir- cumstances; but, by consent of the parties, publication of the testimony may at any time pass into the clerk's, office such consent being in writing, and a copy thereof entered in the order-books, or indorsed upon the deposition or testimony. TESTIMONY DE BENE ESSE. Rule 70. [Commission to take testimony de bene esse may issue.] After any bill filed and before the defendant hath answered the same, upon affidavit made that any of the plaintiff's witnesses are aged and infirm, or going out of the country, or that any one of them is a single witness to a material fact, the clerk of the court shall, as of course, upon the application of the plaintiff, issue a commission to such commissioner or commissioners as a judge of the court may direct, to take the examination of such witness or witnesses 388 UNITED STATES EQUITY RULES. de bene esse, upon giving due notice to the adverse party of the time and place of taking his testimony. FORM OF THE LAST INTERROGATORY. Rule 71. [Form of written interrogatory.] The last interrogatory in the written interrogatories to take testimony now commonly in use shall in the future be altered and stated in substance thus: "Do you know, or^can you set forth, any other matter or thing which may be a benefit or advantage to the parties at issue in this cause, or either of them, or that may be material to the subject of this your examination, or the matters in question in this cause?" If yea, set forth the same fully and at large in your answer." CROSS-BILL. Rule 72. [Answer to original bill before answer to cross bill.] Where a defendant in equity files a cross-bill for dis- covery only against the plaintiff in the original bill, the de- fendant to the original bill shall first answer thereto before the original plaintiff shall be compellable to answer the cross- bill. The answer of the original plaintiff to such cross-bill may be read and used by the party filing the cross-bill at the hearing, in the same manner and under the same restrictions as the answer praying relief may now be read and used. REFERENCE TO AND PROCEEDINGS BEFORE MASTERS. Rule 73. [What decree for account to contain.] Every decree for an account of the personal estate of a testator or intestate shall contain a direction to the master to whom it is referred to take the same to inquire and state to the court what parts, if any, of such personal estate are outstanding or undisposed of, unless the court shall otherwise direct. Rule 74. [When matter presented to master.] Whenever any reference of any matter is made to a master to examine UNITED STATES EQUITY RULES. 389 and report thereon, the party at whose instance or for whose benefit the reference is made shall cause the same to be presented to the master for a hearing on or before the next rule-day succeeding the time when the reference was made ; if he shall omit to do so, the adverse party shall be at liberty forthwith to cause proceedings to he had before the master, at the costs of the party procuring the reference. Rule 75. [Duty of Master to hear expeditiously.] Upon every such reference, it shall be the duty of the master, as soon as he reasonably can after the same is brought before him, to assign a time and place for proceedings in the same, and to give due notice thereof to each of the parties, or their solicitors ; and if either party shall fail to appear at the time and place appointed, the master shall be at liberty to pro- ceed ex parte, or, in his discretion, to adjourn the examina- tion and proceedings to a future day, giving notice to the ab- sent party or his solicitor of such adjournment ; and it shall be the duty of the master to proceed with all reasonable diligence in every such reference, and with the least practi- cable delay, and either party shall be at liberty to apply to the court, or a judge thereof, for an order to the master to speed the proceedings and to make his report, and to certify to the court or judge the reason for any delay. Rule 76. [What Master's report to contain.] In the re- ports made by the master to the court, no part of any state of facts, charge, affidavit, deposition, examination or answer brought in or used before them shall be stated or recited. But such state of facts, charge, affidavit, deposition, ex- amination, or answer shall be identified, specified, and re- ferred to, so as to inform the court what state of facts, charge, affidavit, deposition, examination, or answer were so brought in or used. Rule 77. [Hearing before Master.] The master shall regulate all the proceedings in every hearing before him, 390 UNITED STATES EQUITY RULES. upon every such reference ; and he shall have full authority to examine the parties in the cause, upon oath, touching all matters contained in the reference; and also to require the production of all books, papers, writings, vouchers, and other documents, applicable thereto; and also to examine on oath, viva voce, all witnesses produced by the parties before him, and to order the examination of other witnesses to be taken, under a commission to be issued upon his cer- tificate from the clerk's office or by deposition, according to the act of Congress, or otherwise, as hereinafter provided; and also to direct the mode in which the matters requiring evidence shall be proved before him; and generally to do all other acts, and direct all other inquiries and proceedings in the matters before him, which he may_deem necessary and proper to the justice and merits thereof and the rights of the parties. Rule 78. [Witnesses before Master how summoned.] Witnesses who live within the district may, upon due notice to the opposite party, be summoned to appear before the commissioner appointed to take testimony, or before a mas- ter or examiner appointed in any cause, by subpoena in the usual form, which may be issued by the clerk in blank, and filled up by the party praying the same, or by the commis- sioner, master, or examiner, requiring the attendance of the witnesses at the time and place specified, who shall be allowed for attendance the same compensation as for attendance in court; and if any witness shall refuse to appear or give evidence it shall be deemed a contempt of the court, which being certified to the clerk's office by the commissioner, master, or examiner, an attachment may issue thereupon by order of the court or of any judge thereof, in the same manner as if the contempt were for not attending, or for re- fusing to give testimony in the court. But nothing herein contained shall prevent the examination of witnesses viva UNITED STATES EQUITY RULES. 391 voce when produced in open court, if the court shall, in it discretion, deem it advisable. Rule 79. [Account, how taken.] All parties accounting before a master shall bring in their respective accounts in the form of debtor and creditor ; and any of the other par- ties who shall not be satisfied with the account so brought in shall be at liberty to examine the accounting party viva voce, or upon interrogatories, in the master's office, or by deposition, as the master shall direct. Rule 80. [Evidence previously taken to be used before the Master.] All affidavits, depositions, and documents which have been previously made, read, or used in the court upon any proceeding in any cause or matter may be used before the master. Rule 81. [Evidence how taken.] The master shall be at liberty to examine any creditor or other person coming in to claim before him, either upon written interrogatories or viva voce, or in both modes, as the nature of the case may appear to him to require. The evidence upon such exami- nations shall be taken down by the master, or by some other person by his order and in his presence, if either party re- quires it, in order that the same may be used by the court if necessary. Rule 82. [Appointment of Masters in Chancery.] The Circuit Courts may appoint standing masters in chancery in their respective districts (a majority of all the judges thereof, including the justice of the Supreme Court, the cir cuit judges, and the district judge for the district, concur- ring in the appointment), and they may also appoint a mas- ter pro hac vice in any particular case. The compensation to be allowed to every master 4 n chancery for his services in any particular case shall be fixed by the circuit court, in its discretion, having regard to all the circumstances thereof, and the compensation shall be charged upon and 392 UNITED STATES EQUITY RULES. borne by such of the parties in the cause as the court shall direct. The master shall not retain his report as security for his compensation ; but when the compensation is allowed by the court, he shall be entitled to an attachment for the amount against the party who is ordered to pay the same, if, upon notice thereof, he does not pay it within the time pre- scribed by the court. EXCEPTIONS TO REPORT OF MASTER. Rule 83. [Return of Masters report exceptions.] The master, as soon as his report is ready, shall return the same into the clerk's office, and the day of the return shall be entered by the clerk in the order book. The parties shall have one month from the time of filing the report to file ex- ceptions thereto; and, if no exceptions are within that period filed by either party, the report shall stand confirmed on the next rule-day after the month is expired. If exceptions are filed, they shall stand for hearing before the court, if the court, is then in session ; or, if not, then at the next sitting of the court which shall be held thereafter, by adjournment or otherwise. Rule 84. [Costs on overruling exceptions.] And, in order to prevent exceptions to reports from being filed for frivolous causes, or for mere delay, the party w^hose excep- tions are overruled shall, for every exception overruled, pay costs to the other party, and for every exception allowed shall be entitled to costs; the cost to be fixed in each case by the court, by a standing rule of the Circuit Court. DECREES. Rule 85. [Correcting decrees.] Clerical mistakes in de- crees or decretal orders, or errors arising from any accidental slip or omission, may, at any time before an actual enroll- ment thereof, be corrected by order of the court or a judge UNITED STATES EQUITY RULES. 393 thereof, upon petition, without the form, or expense of a rehearing. Rule 86. [Form of decrees.] In drawing up decree and orders, neither the bill, nor answer, nor other pleadings nor any part thereof, nor the report of any master, nor any other prior proceeding, shall be recited or stated in the de- cree or order ; but the decree and order shall begin, in sub- stance, as follows: "This cause came on to be heard (or to be further heard, as the case may be) at this term, and was argued by counsel ; and thereupon, upon consideration there- of, it was ordered, adjudged, and decreed as follows, viz:" [Here insert the decree or order.] GUARDIANS AND PROCHEIN AMIS. Rule 87. [Appointment of guardians..] Guardians ad litcm to defend a suit may be appointed by the court, or by any judge thereof, for infants or other persons who are under guardianship, or otherwise incapable to sue for themselves. All infants and other persons so incapable may sue by their guardians, if any, or by their prochein ami ; subject, however, to such orders as the court may direct for the protection of infants and other persons. Rule 88. [Petition for rehearing verification.] Every petition for a rehearing shall contain the special matter or cause on which such rehearing is applied for, shall be signed by counsel, and the facts therein stated, if not appar- ent on the record, shall be verified by the oath of the party or by some other person. No hearing shall be granted after the term at which the final decree of the court shall have been entered and recorded, if an appeal lies to the Supreme Court. But if no appeal lies, the petition may be admitted at any time before the end of the next term of the court, in the discretion of the court. Rule 89. [Rules in several circuits.] The circuit courts 394 UNITED STATES EQUITY RULES. (a majority of all the judges thereof, including the justice of the Supreme Court, trie circuit judges, and the district judge for the district, concurring therein) may make any other and further rules and regulations for the practice, proceedings, and process, mesne and final, in their respect- ive districts, not inconsistent with the rules hereby pre- scribed, in their discretion, and from time to time alter and amend the same. Rule 90. [English chancery practice to govern.] In all cases where the rules prescribed by this court or by the cir- cuit court do not apply, the practice of the circuit court shall be regulated by the present practice of the high court of chancery in England, so far as the same may reasonably be applied consistently with the local circumstances and local conveniences of the district where the court is held, not as positive rules, but as furnishing just analogies to regulate the practice. Rule 91. [Oath or affirmation.] Whenever, under these rules, an oath is or may be required to be taken, the party may, if conscientiously scrupulous of taking an oath, in lieu thereof make solemn affirmation to the truth of the facts stated by him. Rule 92. [Deficiency decree.] Ordered, December term, 1863, That in suits in equity for the foreclosure of mort- gages in the Circuit Courts of the United States, or in any court of the Territories having jurisdiction of the same, a decree may be rendered for any balance that may be found due to the complainant over and above the proceeds of the sale or sales, and execution may issue for the collection of the same, as is provided, in the eight rule of this court regu- lating the equity practice where the decree is solely for the payment of money. UNITED STATES EQUITY RULES. 395 INJUNCTIONS. Rule 93. October Term, 1878. [Injunction pending appeal.] When an appeal from a final decree, in an equity suit, granting or dissolving an injunction, is allowed by a justice or judge who took part in the decision of the cause, he may, in his discretion, at the time of such allowance, make an order suspending or modifying the injunction dur- ing the pendency of the appeal, upon such terms, as to bond or otherwise, as he may consider proper for the security of the rights of the opposite party. Rule 94. October Term, 1881. [Bill by stockholder of corporation.] Every bill brought by one or more stock- holders in a corporation against the corporation and other parties, founded on rights which may properly be asserted by the corporation, must be verified by oath, and must contain an allegation that the plaintiff was a shareholder at the time of the transaction of which he complains, or that his share had devolved on him since by operation of law, and that the suit is not a collusive one to confer on a court of the United States jurisdiction of a case of which it would not otherwise have cognizance. It must also set forth with particularity the efforts of the plaintiff to secure such action as he desires on the part of the managing directors or trus- tees, and, if necessary, of the shareholders, and the causes of his failure to obtain such action. The following provisions relating to equity practice are to be found in the Act of ist of June, 1872: Sec. 7. [Granting injunction on motion.] That whenever notice is given of a motion for an injunction out of a Circuit or District Court of the United States, 'the court or judge thereof may, if there appear to be danger of irrep- arable injury from delay, grant an order restraining the act sought to be enjoined until the decision upon the motion. Such order may be granted with or without security, in 396 UNITED STATES EQUITY RULES. the discretion of the court or judge: Provided That no justice of the Supreme Court shall hear or allow any appli- cation for an injunction or restraining order except within the circuit to which he is allotted, and in causes pending in the circuit to which he is allotted, or in such causes at such place outside of the circuit as the parties may in writ- ing stipulate, except in causes where such application can not be heard by the circuit judge of the circuit, or the dis- trict judge of the district. Sec. 13. [Bringing in absent defendants.] That when in any suit in equity, commenced in any court in the United States, to enforce any legal or equitable lien or claim against real or personal property within the district where such suit is brought, one or more of the defendants therein shall not be an inhabitant of or found within the said district, or shall not voluntarily appear thereto, it shall be lawful for the court to make an order directing such absent defend- ant to appear, plead, answer, or demur to the complainant's bill at a certain day therein to be designated, which order shall be served on such absent defendant, if practicable, wherever found ; or where such personal service is not practi- cable, such order shall be published in such a manner as the court shall direct; and in case such absent defendant shall not appear, plead, answer, or demur within the time so limited, or within some further time to be allowed by the court, in its discretion, and upon proof of the service or publication of such order, and of the performance of the directions contained in the same, it shall be lawful, for the court to entertain jurisdiction, and proceed to the hearing and adjudication of such suit in the same manner as if such absent defendant had been served with process within the said district; but such adjudication shall, as regards such absent defendant without appearance, affect his property within such district only. AMENDMENT TO THE LAW OF JULY i, A. D. 1898 PASSED FEBRUARY 5, A. D. 1903. AN ACT to amend an Act entitled "An Act to establish a uniform system of bankruptcy throughout the United States," approved July first, eighteen hundred and ninety-eight. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That clause five of section two of said Act be, and the same is hereby, amended so as to read as follows : " (5) Authorize the business of bankrupts to be con- ducted for limited periods by receivers, the marshals, or trustees, if necessary in the best interests of the estates and allow such officers additional compensation for such serv- ices, but not at a greater rate than in this Act allowed trus- tees for similar services;" SEC. 2. That clause four, subdivision a, of section three of said Act, be, and the same is hereby, amended so as to read as follows : "or (4) made a general assignment for the benefit of his creditors, or, being insolvent, applied for a receiver or trustee for his property or because of insolvency a receiver or trustee has been put in charge of his property under the laws of a State, of a Territory, or of the United States." SEC. 3. That subdivision b of section four of said Act be, and the same is hereby, amended so as to read as follows : "b Any natural person, except a wage-earner, or a per- son engaged chiefly in farming or the tillage of the soil, any unincorporated company, and any corporation, engaged 397 398 AMENDMENTS OF 1903. principally in manufacturing, trading, printing, publishing, mining, or mercantile pursuits, owing debts to the amount of one thousand dollars or over, may be adjudged an in- voluntary bankrupt upon default or an impartial trial, and shall be subject to the provisions and entitled to the bene- fits of this Act. Private bankers, but not national banks or banks incorporated under State or Territorial laws, may be adjudged involuntary bankrupts. "The bankruptcy of a corporation shall not release its officers, directors, or stockholders, as such, from any lia- bility under the laws of a State or Territory or of the United States." SEC. 4. That subdivision b of section fourteen of said Act be, and the same is hereby, amended so as to read as follows : "b The judge shall hear the application for a discharge, and such proofs and pleas as may be made in opposition thereto by parties in interest, at such time as will give parties in interest a reasonable opportunity to be fully heard, and investigate the merits of the application and dis- charge the applicant unless he has (1) committed an offense punishable by imprisonment as herein provided ; or (2) with intent to conceal his financial condition, destroyed, con- cealed, or failed to keep books of account or records from which such condition might be ascertained ; or (3) obtained property on credit from any person upon a materially false statement in writing made to such person for the purpose of obtaining such property on credit ; or (4) at any time sub- sequent to the first day of the four months immediately preceding the filing of the petition transferred, removed, de- stroyed, or concealed, or permitted to be removed, de- stroyed, or concealed any of his property with intent to NOTE. See post the Report of the Judiciary Committee of the House concerning this amendment. AMENDMENTS OF 1903. 309 hinder, delay, or defraud his creditors; or (5) in voluntary proceedings been granted a discharge in bankruptcy within six years; or (6) in the course of the proceedings in bank- ruptcy refused to obey any lawful order of or to answer any material question approved by the court." SEC. 5. That section seventeen of said Act, be, and the same is hereby amended so as to read as follows : "SEC. 17. DEBTS NOT AFFECTED BY A DISCHARGE. a A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as (1) are due as a tax levied by the United States, the State, county, district, or municipality in which he resides; (2) are liabilities for ob- taining property by false pretenses or false representations, or for wilful and malicious injuries to the person or prop- erty of another, or for alimony due or to become due, or for maintenance or support of wife or child, or for seduction of an unmarried female, or for criminal conversation; (3) have no.t been duly scheduled in time for proof and allow- ance, with the name of the creditor if known to the bank- rupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (4) were created by his fraud, embezzlement, misappropriation, or defalcation while acting as an officer or in any fiduciary capacity." SEC. 6. That subdivisions a and b of section eighteen of said Act be, and the same are hereby, amended so as to read as follows : "a Upon the filing of a petition for involuntary bank- ruptcy, service thereof, with a writ of subpoena, shall be made upon the person therein named as defendant in the same manner that service of such process is now had upon the commencement of a suit in equity in the courts of the United States, except that it shall be returnable within fif- teen days, unless the judge shall for cause fix a longer time ; but in case personal service cannot be made, then notice 400 AMENDMENTS OF 1903. shall be given by publication in the same manner and for the same time as provided by law for notice by publication in suits to enforce a legal or equitable lien in courts of the United States, except that, unless the judge shall other- wise direct, the order shall be published not more than once a week for two consecutive weeks, and the return day shall be ten days after the last publication unless the judge shall for cause fix a longer time." "b The bankrupt, or any creditor, may appear and plead to the petition within five days after the return day, or within such further time as the court may allow." SEC. 7. That subdivision a of section twenty-one of said Act l^e, and the same is hereby, amended so as to read as follows : "a A court of bankruptcy may, upon application of any officer, bankrupt, or creditor, by order require any desig- nated person, including the bankrupt and his wife, to appear in court or before a referee or the judge of any State court, to be examined concerning the acts, conduct, or property of a bankrupt whose estate is in process of administration under this Act: Provided: That the wife may be examined only touching business transacted by her or to which she is a party, and to determine the fact whether she has transacted or been a party to any business of the bankrupt." SEC. 8. That subdivision b of section twenty-three of said Act be, and the same is hereby, amended so as to read as follows: "b Suits by the trustee shall only be brought or prose- cuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant, except suits for the recovery of property under section AMENDMENTS OF 1903. 401 sixty, subdivision b, and section sixty-seven, subdivision e." SEC. 9. That subdivision a of section forty of said Act be, and the same is hereby, amended so as to read as fol- lows : "a Referees shall receive as full compensation for their services, payable after they are rendered, a fee of fifteen dollars deposited with the clerk at the time the petition is filed in each case, except when a fee is not required from a voluntary bankrupt, and twenty-five cents for every proof of claim filed for allowance, to be paid from the estate, if any, as a part of the cost of administration, and from estates which have been administered before them one per centum commissions on all moneys disbursed to creditors by the trustee, or one-half of one per centum on the amount to be paid to creditors upon the confirmation of a composition." SEC. 10. That section forty-seven is hereby amended by adding thereto the following subdivision: "c The trustee shall, within thirty days after the ad- judication, file a certified copy of the decree of adjudication in the office where conveyances of real estate are recorded in every county where the bankrupt owns real estate not exempt from execution, and pay the fee for such filing, and he shall receive a compensation of fifty cents for each copy so filed, which, together with the filing fee, shall be paid out of the estate of the bankrupt as a part of the cost and dis- bursements of the proceedings." SEC. 11. That subdivision a of section forty-eight of said Act be, and the same is hereby, amended so as to read as follows : " a Trustees shall receive for their services, payable after they are rendered, a fee of five dollars deposited with the clerk at the time the petition is filed in each case, except 402 AMENDMENTS OF 1903. when a fee is not required from a voluntary bankrupt, and from estates which they have administered such com- missions on all moneys disbursed by them as may be allowed by the courts, not to exceed six per centum on the first five hundred dollars or less, four per centum on moneys in ex- cess of five hundred dollars and less than fifteen hundred dollars, two per centum on moneys in excess of fifteen hundred dollars and less than ten thousand dollars, and one per centum on moneys in excess of ten thousand dollars. And in case of the confirmation of a composition after the trustee has qualified the court may allow him, as compensa- tion, not to exceed one-half of one per centum of the amount to be paid the creditors on such composition." SEC. 12. That subdivision g of section fifty-seven of said Act be, and the same is hereby, amended so as to read as follows : "g The claims of creditors who have received preferences, voidable under section sixty, subdivision b, or to whom con- veyances, transfers, assignments, or incumbrances, void or voidable under section sixty-seven, subdivision e, have been made or given, shall not be allowed unless such creditors shall surrender such preferences, conveyances, transfers, assignments, or incumbrances." SEC. 13. That subdivisions a and b of section sixty of said Act be, and the same are hereby, amended so as to read as follows: "a A person shall be deemed to have given a preference if, being insolvent, he has, within four months before the filing of the petition, or after the filing of the petition and before the adjudication, procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the effect of the en- forcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his AMENDMENTS OF 1903. 403 debt than any other of such creditors of the same class. Where the preference consists in a transfer, such period of four months shall not expire until four months after the date of the recording or registering of the transfer, if by law such recording or registering is required." "b If a bankrupt shall have given a preference, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person. And, for the purpose of such recovery, any court of bankruptcy, as hereinbefore defined, and any State court which would have had jurisdiction if bankruptcy had not intervened, shall have concurrent jurisdiction." SEC. 14. That clause two of subdivision b of section sixty-four of said Act be, and the same is hereby, amended so as to read as follows : " (2) the filing fees paid by creditors in involuntary cases, and, where property of the bankrupt, transferred or con- cealed by him either before or after the filing of the petition, shall have been recovered for the benefit of the estate of the bankrupt by the efforts and at the expense of one or more creditors, the reasonable expenses of such recovery." SEC. 15. That subdivision b of section sixty-five be, and the same is hereby, amended so as to read as follows : "The first dividend shall be declared within thirty days after the adjudication, if the money of the estate in excess of the amount necessary to pay the debts which have priority and such claims as have not been, but probably will be, allowed equals five per centum or more of such allowed claims. Dividends subsequent to the first shall be de- clared upon like terms as the first and as often as the amount 404 AMENDMENTS OF 1903. shall equal ten per centum or more and upon closing the estate. Dividends may be declared oftener and in smaller proportions if the judge shall so order: Provided: That the first dividend shall not include more than fifty per centum of the money of the estate in excess of the amount necessary to pay the debts which have priority and such claims as probably will be allowed. And provided further: That the final dividend shall not be declared within three months after the first dividend shall be declared." SEC. 16. That subdivision e of section sixty-seven and subdivision e of section seventy of said Act be, and the same are hereby, amended by adding at the end of each such subdivision the words: "For the purpose of such recovery any court of bank- ruptcy as hereinbefore defined, and any State court which would have had jurisdiction if bankruptcy had not inter- vened, shall have concurrent jurisdiction." SEC. 17. That said Act is also amended by adding thereto a new section, section seventy-one, to read as follows : "SEC. 71. That the clerks of the several district courts of the United States shall prepare and keep in their re- spective offices complete and convenient indexes of all peti- tions and discharges in bankruptcy heretofore or hereafter filed in the said courts, and shall, when requested so to do, issue certificates of search certifying as to whether or not any such petitions or discharges have been filed; and said clerks shall be entitled to receive for such certificates the same fees as now allowed by law for certificates as to judg- ments in said courts: Provided: That said bankruptcy indexes and dockets shall at all times be open to inspection and examination by all persons or corporations without any fee or charge therefor." AMENDMENTS OF 1903. 405 SEC. 18. That said Act is also amended by adding thereto a new section as follows : "SEC. 72. That neither the referee nor the trustee shall in any form or guise receive, nor shall the court allow them, any other or further compensation for their services than that expressly authorized and prescribed in this Act." SEC. 19. That the provisions of this amendatory Act shall not apply to bankruptcy cases pending when this Act takes effect, but such cases shall be adjudicated and disposed of conformably to the provisions of the said Act of July first, eighteen hundred and ninety-eight. Approved, February 5, 1903. 406 AMENDMENTS OF 1903. REPORT OF THE JUDICIARY COMMITTEE ON THE AMENDMENT TO THE BANKRUPTCY ACT. 57 th Congress, ) Houge f Representatives . I Report ist Session. > ) Wo. 1698. AMENDING THE BANKRUPTCY LAW. MR. RAY, from the Committee on the Judiciary, submitted the following RKPORT. The Committee on the Judiciary, to which was referred the bill (H. R. 13,679) amending the bankruptcy law, has carefully considered the same and reports the bill back with the recommendation that it pass. There have been laid before the committee resolutions and communications from more than 20,000 manufactur- ing and producing industries, merchants, wholesale and re- tail ; credit men's and other business associations, lawyers, judges, and business men generally, representing whole- sale and retail dealers, emphatically approving the law, asking its retention, and approving the amendments sug- gested by this bill. Of all communications received on the subject less than 10 per cent, are opposed to the bankruptcy law, and these in the main place their opposition on the ground of the de- NOTE. Courts frequently in construing statutes refer to the speeches and reports of the legislators which accompany the passage of the act as a source of information. (Exparte Milligan, 4 Wall., 114.) It has been thought desirable to print the report of the Judiciary Committee and the Analysis of the Amendment accompanying the same when the bill was before the House. A foot note will call attention to the changes which the house bill received in its passage through the Senate. AMENDMENTS OF 1903. 407 fects in the law sought to be remedied and which will be remedied if these amendments are adopted. These communications are not the result of concerted action for the retention of the law, but are the result of a desire on the part of the Judiciary Committee to fully as- certain the sentiment of the country on the question of the retention or repeal of the law. Near the close of the Fifty- sixth Congress the chairman of the Committee on the Judiciary sent out something like 15,000 inquiries indis- criminately throughout the United States addressed to all business interests, wholesale and retail, merchants, lawyers judges, etc., asking their opinion of the law and the ad- visability of its retention and also asking their approval or disapproval of the amendments proposed, and which amendments are in substance those reported by the com- mittee. There was no selection except to direct inquiries to the leading business houses, wholesale and retail, and the leading lawyers and business men of the country. It is conclusively proved that the business interests jand the people of the United States approve and demand the re- tention of the bankruptcy law and also desire these amend- ments which are in the interest of honest dealing. The amendments proposed are not numerous, but are such as experience has demonstrated to be essential. The first amendment will make the law more uniform and equitable by providing that where insolvency is the ques- tion at issue assets claimed to be exempt shall not be counted in ascertaining the aggregate of the debtor's prop- erty 1 . The second amendment simply authorizes what is now done by the courts ; that is, it authorizes the court to allow additional compensation when the business of a bankrupt NOTE. 1 omitted by the Senate. 408 AMENDMENTS OF 1903. is conducted for a limited period by the receiver, marshal or trustee in the interest of the creditors. The next amendment makes the equivalent acts of a general assignment by an insolvent person, a voluntary accounting of an insolvent partnership by action brought by one of the partners, and an application for a receivership of an insolvent corporation each acts of bankruptcy. This makes the law more uniform and will reduce many of the inequities now practiced on creditors. The next amendment simply provides that those copor- rations which can now be adjudged involuntary bankrupts may become voluntary bankrupts on the petition of an officer or stockholder duly authorized at a meeting called for that purpose by a vote of the majority in amount of the total stock of the corporation, and adds mining corpora- tions to those now covered by the law 2 -. As a safeguard and to prevent injustice it is provided by a further amendment that the bankruptcy of a cor- poration shall not release its officers, directors, or stock- holders as such from any liability under the laws of a State or Territory or of the United States. That is, if these officers or any of them by wrongdoing or violating the law of the State have incurred any liability they are not to be discharged from such obligations or liabilities. The next amendment, section 5 of the bill, makes definite and certain the purpose of the law as it was framed, to wit : That the words "in contemplation of bankruptcy," mean a present or future state of insolvency and purpose to take advantage of the law. The amendment is necessary be- cause the courts have held that the words "in contemplation of bankruptcy" mean with a view to the actual filing of a petition, and therefore many men have been discharged who ought not to have been, because it was impossible to NOTE. 2 omitted by the Senate. AMENDMENTS OF 1903. 409 prove that they committed the fraudulent acts mentioned at a time when they had in mind the filing of a petition in bankruptcy, although they did have in mind a present or future state of insolvency and committed the acts for the purpose of defrauding their creditors. This amendment also provides four additional grounds for refusing a discharge in bankruptcy: (1) Obtaining prop- erty on credit on materially false statements; (2) making a fraudulent transfer of property ; 3 (3) having been granted or denied a discharge in bankruptcy within six years, and (4) having refused to obey the lawful orders of the court or having refused to answer material questions approved by the court. No person who has been guilty of any of these fraudulent acts should be discharged, and a person who has refused to obey the order of the court ought not to be dis- charged, and it is quite clear that no person should have the benefit of the act as a voluntary bankrupt oftener than once in six years. Some men in some of the large cities have made bankruptcy a profession, and it is proposed by the amendment to stamp out these practices. The next amendment provides that liabilities for frauds 4 , etc., as described in the act shall not be released by the discharge. As the law now is, these liabilities must have been reduced to judgment or else the bankrupt is discharged. This amendment is in the interest of justice and honest dealing and honest conduct. This amendment further provides that a discharge in bankruptcy shall not release the bankrupt from liability for alimony due or to become due the wife, or for maintenance or support of wife or child, or for seduction of an unmarried female, or for criminal conversation. It seems to the committee, and this is the universal sentiment,' that the bankrupt ought not to be discharged from liabilties of this description. NOTE. 3 Altered and amplified by the Senate. 4. Altered by Senate omitting word "fraud." 410 AMENDMENTS OF 1903. The next amendment shortens the time for joining issue in involuntary cases. The expeditious disposition of an estate in bankruptcy is what all creditors desire, and this amendment is in the interest of all parties and simply, prevents undue delay. The next amendment permits the wife to be examined as a witness as to business transactions to which she is or has been a party. In some of the States the wife may now be examined the same as any other witness. In other States she cannot be, and this amendment, carefully guarded by a proviso, simply allows her examinations as to business transactions to which she has been a party. To this there can be no reasonable objection. The next amendment is in the interest of the speedy settlement of bankrupt estates. It has been held that actions to recover property belonging to the estate and fraudulently withheld or disposed of must be brought in the local courts. In great cities this works a practical denial of justice, as the calendars of the State courts are many times years behind, and it is conceded that in the City of New York a case cannot be reached for trial in less than from two to three years after the action is brought unless for some reason it is preferred. The next amendment gives a larger fee to the clerk 5 . It is conceded on all hands that the present fee is so small that the clerk cannot afford to do the work required of him. The increase given by this amendment is very small, in- deed, and cannot be reasonably objected to. The same remarks apply to the next amendment. The next amendment, section 12 of the bill, is the most important of all. Under the holding of the Supreme Court of the United States in Pirie v. Chicago Title and Trust Company (182 U. S., 438), that section 60, subdivision 5. Presumably a misprint for "referee." AMENDMENTS OF 1903. 411 A, is a definition of a preference, it followed that payments made in good faith and other bona fide transactions after actual insolvency, though in due course of trade and busi- ness and without knowledge or reasonable cause to believe that a preference was intended, must be, under section 57g, surrendered before a creditor who received such a payment could prove the balance of his debt. This was never intended by the framers of the law, and it works obvious injustice and is the source of 99 per cent, of the objections to the law. The amendments proposed by section 12 of the bill and the other sections remedy all this. The next amendment puts the four months' clause in subdivision A instead of subdivision B, and where it ought to be. As the law now stands, a preferential mortgage may be given and the creditor preferred, by withholding it from record four months, be able to dismiss the trustees' suit to recover the same, although it was recorded within the four months' period. The next amendment simply provides that the trustee shall not be compelled to pay the accrued taxes on the home- stead set-off to the bankrupt from the balance of the estate 8 . The further amendment to Section 64 of the act simply provides that the creditor may be allowed the reasonable expense of reclaiming property illegally transferred or con- cealed. The next amendment is in line with the others, providing concurrent jurisdiction in the State and United States courts, and is in the interest of a speedy settlement of estates. The last amendment is one generally demanded, and is in the interest of all persons who deal with property. It requires the clerks to prepare and keep indexes of all petitions and discharges in bankruptcy and to issue certificates in re- lation thereto when required. It also requires that these 6. Omitted by the Senate. 412 AMENDMENTS OP 1903. be kept open to inspection and examination. It is frequently desirable to know whether a person [has filed a petition in bankruptcy, and also whether he has been discharged and it is many times impossible within a reasonable time to ascertain these facts in the absence of convenient indexes, Annexed hereto is a more complete analysis of these pro- posed amendments, useful and convenient to the lawyer, and in same attention is called to the decisions of the courts relating to the amended sections. In proper cases and under proper restrictions those who have been unfortunate in business should be released from their debts on surrendering all their property to their credi- tors. But the law should be so framed as to prevent in- justice and improper and indiscriminate discharges, and should also prevent its being availed of by the professional bankrupt or the dishonest debtor. The involuntary features are most commendable, for through their instrumentalities fraudulent and unjust pref- erences are prohibited and there is greater confidence in the business world. Much of the fault finding with the bankruptcy law has come from those who having claims against some insolvent person, have been unable to collect for years (and these persons knew that they could not collect), but they have seen the debtor discharged under the bankruptcy law and have seen him re-enter the business world, and by the exercise of his talent and industry become a valuable factor in the business world. These debtors could never have thus re-entered business had it not been for the bank- ruptcy law, and this fact the creditor overlooks. He seems to think that but for the bankruptcy law he would have been paid under this improved condition of the debtor. That dishonest men do avail themselves of the law and by fraud and perjury secure discharges can not be denied, but these instances are very rare, and when we contrast the AMENDMENTS OF 1903. 413 great army of honest and industrious men who have been put upon their feet through the instrumentalities of the bankruptcy law with the very few dishonest persons who have been discharged under it, we must all concede that the law is wise and productive of great good and ought to be retained, and amended when experience shows that amend- ments are necessary in the interest of the business world. ANALYSIS OF BILL TO AMEND THE BANKRUPTCY LAW. Section 1: Amends clause (15) of Section 1 of the laws so that where insolvency is' the question at issue assets claimed to be exempt shall not be counted in ascertaining the "aggregate of his (the debtor's) property," thus doing away with an injustice growing out of the new definition of insolvency in States that allow large exemptions. (See In re Baumann (Term.), 96 Fed., 946.) 1 Section 2: Designed to permit the allowance of extra compensation to trustees when they do more than merely collect and distribute (as, for instance, when they are ordered to continue a going business for a considerable period of time) their fees being now limited by Section 48 to commissions on dividends to unsecured creditors. (See In re Epstein (Ark.), 109 Fed., 879, and the cases cited.) 2 Section 3: Intended to bring about the result that the equivalent acts of (1) a general assignment by an insolvent person, (2) a voluntary accounting of an insolvent partner- ship by action brought by one of the partners, and (3) an application for a receivership of an insolvent corporation shall each be acts of bankruptcy, instead of the first (1) only, as now. Besides making the law more uniform, this change will reduce to a minimum present notorious inequities prac- ticed on creditors through in-the-family accountings and NOTE 1. Omitted by the Senate. 2. The Senate added a proviso that the compensation should not exceed the rate allowed trustees. 414 AMENDMENTS OF 1903. directorial receiverships under State laws. (See In re Em- pire Metallic Bedstead Co. (N. Y.), 95 Fed., 957; Id., on ap- peal, 98 Fed., 981, and subsequent cases uniformly holding the same doctrine.) Section 4: Amends Section 4 of the law by (1) providing that those corporations which can now be adjudged invol- untary bankrupts may, on a vote of stockholders represent- ing a majority of the stock, petition for voluntary bank- ruptcy, 3 (2) adding mining corporations to those that are affected by the law, and (3) affirmatively declaring that the bankruptcy of a corporation shall not release its officers, as such, from any liability created by law. The first (1) restores that portion of the first paragraph of Section 37 of the bankruptcy law of 1867 which permitted business corporations to file voluntary petitions, with, how- ever, some additional restrictions for the protection of stock- holders a change the necessity of which is emphasized by the prevailing tendency in important commercial States to supersede partnerships completely by small corporations. The second (2) is made necessary by the uniform holdings of the courts that mining corporations, which are of primary importance in some parts of the country, are not among those now enumerated in Section 4b. (See In re Chicago - Joplin Lead and Zinc Co. (Mo.), 104 Fed., 67; McNamara v. Helena Coal Co. (Ala.), 5 Am. B. R., 48; In re Keystone Coal Co. (Pa.), 6 Am. B. R., 377.) The third (3) is merely precautionary that there may be no doubt about the effect of the discharge of a corpora- tion. (See In re Marshall Paper Co., 102 Fed., 872.) Section 5: Modifies one of the present objections to a discharge and adds four new objections. It has been uniformly held under the present law that NOTE 3. Omitted by Senate. AMENDMENTS OF 1903: 415 "in contemplation of bankruptcy" (Sec. 14b, 2) means with a view to the actual filing of a petition, and not merely a present or future state of insolvency. (In re Holman (Iowa) . 92 Fed., 512; In re Carmichael (Iowa), 96 Fed., 594; In re Morgan (Ark.), 101 Fed., 982.) This has made this object- ion to a discharge practically valueless. The amendment drops this element of proof out, as well as two or three other words which are either tautological or unnecessary. The very general complaint that the present law lets too many rogues escape from their debts that it is weak in its discharge features is met by four additional objections, carefully selected from a multitude of suggestions made. The first (3) is almost identical with that proposed by S. 1035, Fifty-fifth Congress, first session (section 51 b (3), the Lindsay bill), and adopted by the House substitute. (See Congressional Record, Fifty-fifth Congress, vol. 31, p. 2039, sec. 13 b, 3.) * The second (4) is a rephrasing of an objection to discharge found in section 29 of the law of 1867, and "transfer," now including "conveyance," "mortgage," "payment," etc. means the same thing. In effect it is the same as section 51 b (4) of the Lindsay bill and as section 13 b (4) of the House substitute, above. 6 The third (5) will put an end to the possibility of debtors going through bankruptcy every month. The new period, six years, is an average arrived at from the suggestions re- ceived. (Compare Report of National Association of Ref- erees in Bankruptcy, published in March, 1900, for other ways of solving this problem.) The fourth (6) is intended to meet a defect which grows out of decisions that, following Counselman v. Hitchcock (142 U. S., 547), declare that the protection afforded a bankrupt by the last clause of section 7 a (9) does not amount to the 4. Altered by Senate. 5. Omitted by the Senate. 416 AMENDMENTS OF 1903. immunity guaranteed by the fifth amendment to the Con- stitution. (See In re Rosser (Mo.), 96 Fed., 305, and com- pare In re Marx (Ky.), 102 Fed., 676.) The suggestion that the immunity clause inserted in the interstate-commerce law and held constitutional in Brown v. Walker, 161 U. S., 591, be also inserted here is met^by the objection that such clause would in effect grant pardon in advance to bankrupts called to testify, and might result in a general amnesty to all bankrupts amenable to punishment under section 29. A discharge is a boon, not a right. He who asks it should tell what he knows of his assets and his past dealings. If he does not, the discharge should be denied him. It is thought that this new objection to discharge will accomplish much that would be accomplished by the clause in the interstate-com- merce law, without amounting to freedom from criminal prosecution too. Section 6: The changes in section 17 of the law are to settle questions arising from antagonistic decisions of the court and to exclude beyond perad venture certain liabilities growing out of offenses against good morals from the effect of a discharge. (Compare a similar amendment to the English act of 1883 by section 10 of the amendatory act of 1890. The substitution of "liabilities" for "judgments in ac- tions" makes the clause broader. Now claims created by fraud but not reduced to judgment are discharged. Neither the claim nor the judgment should be. (Compare In re Rhutalssel (Iowa), 96 Fed., 567, with In re Lewenson (N. Y.), 99 Fed., 73.). 6 The reasons for the other changes are too patent to re- quire statement. (As to the dischargeability of alimony compare In re Houston (Ky.), 94 Fed.), 119, with In re Nowell (Mass.), 99 Fed., 931; of judgments for seduction, 6. Liabilities for frauds omitted by the Senate. AMENDMENTS OF 1903. 417 In re Sullivan (N. Y.), 2 Am. B. R., 30, with In re Freche (N. J.), 109 Fed., 620; of judgments for criminal conversa- tion, In re Tinker (N. Y.), 99 Fed., 79, with Colwellv. Tinker (N. Y.), 6 Am. B. R., 434. Section 7 : It is conceded that too much time was given by the law for the joining of issue in involuntary cases, and that the law was silent as to the method and time of service where the bankrupt had absconded. As changed, section 18 provides for a short service by publication, and not only shortens the time within which a debtor personally served must appear and plead, but provides that time to plead shall expire when time to appear does, and not ten days later as now. All this is in the interest of the rapid administration of asset cases and the consequent reduction of expenses. 7 Section 8. Intended to make a wife, who is often the de- positary of property belonging really to the bankrupt a compellable witness in every State as to certain transactions to which she is or has been a party. Without her evidence it is sometimes practically impossible to trace property. Neither principle nor policy entitles her to her privilege when the transaction under investigation is a business one between her and her husband. For evils growing out of section 21 a, as now phrased, see In re Jefferson (Wash.), 96 Fed., 826; In re Fowler (Wis)., 93 Fed., 417. Section 9 : Under the law of 1867, the Federal and State courts had concurrent jurisdiction of suits to recover prop- erty fraudulently or preferentially transferred. Bardes v. Bank of Hawarden (la.), 178 U. S., 524, has so construed section 23 b, of the law as to deny such jurisdiction to the district courts, save with the consent of the proposed de- fendant. In commercial centers this amounts to a denial of justice, the calendars of the State courts being years 7. The Senate restored the words fifteen days for return day in lieu of ten proposed by the House. 418 AMENDMENTS OF 1903. behind hand; while, growing out of Bardes v. Bank, have come decisions which have crippled the administration of the law to a marked degree. (See in re Ward (Mass.), 5 Am. B. R., 215; Mueller v. Nugent (Ky.), 105 Fed., 581 ; this latter, however, recently reversed by the Supreme Court.) There is a very general demand for a return to the policy of the law of 1867. Were it not for section 23 b, section 2 (7), would probably confer ample jurisdiction on the dis- trict courts. The change in section 23, b, proposed by the bill simply excepts from the operation of it all suits which can, under the specific words of the law, be brought to re- cover property, and this merely by referring to the three sections under which alone such suits can be brought. To remove all doubt, also, section 13 and 16 of the bill confer concurrent jurisdiction of all such suits on the State courts and the Federal district courts, by adding appropriate words to each of the three sections; section 60 b, section 67 e and section 70 e. Sections 10 and 11: These changes in section 40 and section 48 are in response to the very general opinion that the referees and the trustees are not now adequately paid. The filing fee of each officer is doubled, making the deposit required at the inception of bankruptcy proceedings $40 instead of $25. It is thought this will prove sufficient in all no-asset cases. Since, under the law, it has been quite uni- formly held that the commissions of these officers must be computed on moneys paid out by way of dividends only, this species of compensation has, in the large majority of cases, amounted to little. The change suggested rests on the analogy of the State laws, which reckon the commissions of executors, receivers, etc., on moneys received and paid out, and is fairer. The other changes are in the line of in- creasing efficiency and the securing of the best talent for the important work committed to these officers ; thus, the large AMENDMENTS OF 1903. 419 commissions to trustees in small cases, that they may have greater incentive to search for and recover property, and the 50-cent filing fee for referees, as probably the fairest way properly to compensate them for the great amount of extra work in hearing contests on claims, etc. The collection of this filing fee in advance seems to be permitted by the rules in many districts, though without apparent sanction of law. The suggested amendment ratifies this practice, which has not proven burdensome, while removing the chief objec- tion to it the requirement that the fee be paid as a condi- tion of filing a claim at all by requiring that such fee be paid as a cost of administration. The trustee is also given the same commission in composition cases as is the referee. This was an oversight when the law was framed. 8 . Section 12: Piriev. Chicago Title and Trust Co. (182 U. S., 438), having held that section 60 a is a definition of "preference," it necessarily followed that payments and other bona fide transactions after actual insolvency, though in due course of trade and without knowledge or reasonable cause to believe that a preference was intended, must be, under section 57 g, surrendered before a creditor who re- ceived such a payment could prove the balance of his debt. This was not what was intended by the framers of the law. There is a very urgent and widespread demand for such an amendment as will obviate this menace to trade. The Ray bill (H. R. 4310) attempts to do this, but leaves a loophole in that only voidable preferences, as defined in section 60 a and b, must be surrendered, whereas some fraudulent trans- fers (section 67 e and section 70 e) might be retained and the debt still proven. This clause, section 57 g, has therefore been modified by adding words referring specifically to creditors who have received an advantage, void or voidable, under section 67 c or section 70 e. There are no other sec- 8. The Senate materially reduced the increase in the fees for both referees and trustees as provided by the House. 420 AMENDMENTS OF 1903. tions in the law which provide for suits to recover back from creditors or other persons property (which includes money) improperly transferred. The change results there- fore in that only those payments or transfers which could be recovered back by suit must be surrendered under sec- tion 57 g. This change will also settle the animated and unfortunate controversy over the meaning and effect of sec- tion 60 c; compare in re Keller (la.), 109 Fed., 118, where a district court refuses to follow a court of appej i, in McKey v. Lee (la.), 105 Fed., 923; also in re Dickson (Mass.), Ill Fed., 726, wherein a circuit court of appeals apparently re- fuses to follow the Supreme Court in Pine v. Chicago Title and Trust Co., above. It is not thought expedient at this time to attempt to frame a clause specifying what transactions are protected (compare section 49 of the English act of 1883 for such a clause) or to change the so-called definition of insolvency. The simpler the changes in the present law the fewer will be the controversies in the courts ; and especially in a question which, like this, is at the root of our credit system, the less the disturbance of business. Section 13 : Section 60 a and b is amended in three ways : First, by replacing the four months' clause in a, where it was in the Lindsay bill, instead of in b, as now, and where a casual reading of the law indicates it should have been left. (See in re Jones (Mass.), 4 Am. B. R., 563, for the far- reaching result of this transposition.) Second, by adding to a clause which shall be equivalent to that found in sectiori 3 b (1). It seems that as section 60 a now stands, a preferential mortgage may be given, and the creditor preferred by withholding it from record four months be able to dismiss the trustee's suit to recover the same, though the paper was actually recorded within the AMENDMENTS OF 1903. 421 four months' period. (See in re Wright (Ga.), 96 Fed., 187; in re Mersman (N. Y.), 7 Am. B. R., 46.) Third, by adding the clause as to jurisdiction of suits pre- viously explained under section 9. Section 14: Where homestead exemptions are allowed, it has been held that a bankrupt may insist on the trustee paying the accrued taxes on the homestead set off to him. (See in re Tilden (la.), 91 Fed., 500; contra, in re Veitsch (Conn.), 101 Fed., 251.) This is an injustice to creditors which calls for amendment. That suggested will accomp- lish the desired result. 9 It frequently happens that the action of individual cred- itors in suing, as, for instance, by creditor's bill before the bankruptcy, inures to the benefit of the trustee, and almost as frequently that, through the efforts of certain creditors, property is recovered after the bankruptcy begins. It is only fair that their disbursements, by which all creditors have profited, should be accounted for to them. The change in section 64 b (2), would accomplish this. Section 15: Adds the clause on jurisdiction of suits to section 67 a and 70 e previously explained under section 9. Section 16 provides for indexes, etc. 9. The Senate omitted this proposed amendment. BANKRUPTCY ACTS OF UNITED STATES. ACT OF APRIL 4xn, 1800. CHAP. [19.] An act to establish an uniform system of bankruptcy throughout the United States. 1. Be it enacted, &c. That from and after the first day of June next, if any merchant, or other person residing within the United States, actually using the trade of merchandise, by buying and selling in gross, or by retail, or dealing in exchange, or as a banker, broker, factor, under- writer, or marine ensurer, shall, with intent unlawfully to delay or defraud his or her creditors, depart from the state in which such person usually resides, or remain absent therefrom, or conceal him or herself therein, or keep his or her house, so that he or she cannot be taken, or served with process, or willingly or fraudulently procure him or herself to be arrested, or his or her lands, goods, money, or chattels, to be attached, sequestered, or taken in execution, or shall secretly convey his or her goods out of his or her house, or conceal them to prevent their being taken in execu- tion, or make, or cause to be made, any fraudulent conveyance of his or her lands, or chattels, or make or admit any false or fraudulent security, or evidence of debt, or being arrested for debt, or having surrendered him or herself in discharge of bail, shall remain in prison two months, or more, or escape therefrom, or whose lands or effects being attached by process issuing out of, or returnable to, any court of common law, shall not, within two months after written notice thereof, enter special bail and dissolve the same, or in districts in which attach- ments are not dissolved by the entry of special bail, being arrested for debt after his or her lands and effects, or any part thereof, have been attached for a debt or debts amounting to one thousand dollars or upwards, shall not, upon notice of such attachment, give sufficient security for the payment of what may be recovered in the suit in which he or she shall be arrested, at or before the return day of the same, to be approved by the judge of the district, or some judge of the court out of which the process issued upon which he is arrested, or to which the same shall be returnable, every such person shall be deemed and adjudged a bank- rupt: Provided, That no person shall be liable to a commission of bank- ruptcy, if the petition be not preferred, in manner hereinafter directed, within six months after the act of bankruptcy committed. 2. That the judge of the district court of the United States, for the district where the debtor resides, or usually resided, at the time of 423 424 FORMER BANKRUPTCY ACTS. committing the act of bankruptcy, upon petition, in writing, against such person or persons being bankrupt, to him to be exhibited by any one creditor, or by a greater number, being partners, whose single debt shall amount to one thousand dollars, or by two creditors, whose debts shall amount to one thousand five hundred dollars, or by more than two creditors, whose debts shall amount to two thousand dollars, shall have power, by commission under his hand and seal, to appoint such good and substantial persons, being citizens of the United States, and resident in such district, as such judge shall deem proper, not exceeding three, to be commissioners of the said bankrupt, and in case of vacancy or refusal to act, to appoint others, from time to time, as occasion may require: Provided always, That before any commission shall issue, the creditor or creditors petitioning shall make affidavit, or solemn affirma- tion, before the said judge, of the truth of his, her, or their debts, and give bond, to be taken by the said judge, in the name and for the benefit of the said party so charged as a bankrupt, and in such penalty, and with such surety, as he shall require, to be conditioned for the proving of his, her, or their, debts, as well before the commissioners as upon a trial at law, in case the due issuing forth of the said commission shall be contested, and also for proving the party a bankrupt, and to proceed on such commission, in the manner herein prescribed. And if such debt shall not be really due, or, after such commission taken out, it cannot be proved that the party was a bankrupt, then the said judge shall, upon the petition of the party aggrieved, in case there be occasion, deliver such bond to the said party, who may sue thereon, and recover such damages, under the penalty of the same, as, upon trial at law, he shall make appear he has sustained, by reason of any breach of the condition thereof. 3. That before the commissioners shall be capable of acting, they shall, respectively, take and subscribe the following oath or affirmation, which shall be administered by the judge issuing the commission, or by any of the judges of the supreme court of the United States, or any judge, justice, or chancellor, of any state court, and filed in the office of the clerk of the district court: "/, A B, do swear (or affirm,) that I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute the several powers and trusts reposed in me, as a commissioner in a commission of bankruptcy against and that without favor or affection, prejudice or malice." And the commis- sioners, who shall be sworn as aforesaid, shall proceed, as soon as may be, to execute the same; and, upon due examination, and sufficient cause appearing against the party charged, shall and may declare him or her to be a bankrupt: Provided, That before such examination be had, rea- sonable notice thereof, in writing, shall be delivered to the person charged FORMER BANKRUPTCY ACTS. 425 as a bankrupt; or if he, or she, be not found at his or her usual place of abode, to some person of the family, above the age of twelve years, or if no such person appear, shall be fixed at the front or other public door of the house, in which he or she usually resides, and thereupon it shall be in the power of such person, so charged as aforesaid, to demand before, or at the time appointed for, such examination, that a jury be empan- nelled to inquire into the fact or facts alleged as the causes for issuing the commission, and on such demand being made, the inquiry shall be had before the judge granting the commission, at such time as he may direct, and in that case such person shall not be declared bankrupt, unless, by the verdict of the jury, he or she shall be found to be within the description of this act, and shall be convicted of some one of the acts described in the first section of this act: Provided also, That any commission which shall be taken out as aforesaid, and which shall not be proceeded in as aforesaid, within thirty days thereafter, may be super- seded by the said judge, who shall have granted the same, upon the application of the party thereby charged as a bankrupt, or of any creditor of such person, unless the delay shall have been unavoidable, or upon a just occasion. 4. That the commissioners so to be appointed, shall have power, forthwith after they have declared such person a bankrupt, to cause to be apprehended, by warrant under their hands and seals, the body of such bankrupt, wheresoever to be found within the United States: Provided, They shall think that there is reason to apprehend that the said bankrupt intends to abscond, or conceal him or herself: and in case it be necessary, in order to take the body of the said bankrupt, shall have power to cause the doors of the dwelling house of such bankrupt to be broken, or the doors of any other house in which he or she shall be found. 5. That it shall be the duty of the commissioners so to be appointed, forthwith after they have declared such person a bankrupt, and they shall have power to take into their possession, all the estate, real and personal, of every nature and description, to which the said bankrupt may be enti- tled, either in law or equity, in any manner whatsoever, and cause the same to be inventoried and appraised to the best value, (his or her neces- sary wearing apparel, and the necessary wearing apparel of the wife and children, and necessary beds and bedding, of such bankrupt, only ex- cepted), and also to take into their possession, and secure, all deeds and books of account, papers and writings, belonging to such bankrupt; and shall cause the same to be safely kept, until assignees shall be chosen or appointed, in manner hereafter provided. 6. That the said commissioners shall, forthwith after they have declared such person a bankrupt, cause due and sufficient public notice thereof to be given, and in such notice shall appoint some convenient time 426 FORMER BANKRUPTCY ACTS. and place for the creditors to meet, in order to choose an assignee or assignees of the said bankrupt's estate and effects; at which meeting the said commissioners shall admit the creditors of such bankrupt to prove their debts; and where any creditor shall reside at a distance from the place of such meeting, shall allow the debt of such creditor to be proved by oath or affirmation, made before some competent authority, and duly certified, and shall permit any person, duly authorized by letter of attorney from such creditor, due proof of the execution of such letter of attorney being first made, to vote in the choice of an assignee or assignees of such bankrupt's estate and effects, in the place and stead of such creditor : And the said commissioners shall assign, transfer, or deliver over, all and singular the said bankrupt's estate and effects aforesaid, with all muni- ments and evidences thereof, to such person or persons as the major part, in value, of such creditors, according to the several debts then proved, shall choose as aforesaid: Provided always, That in such choice, no vote shall be given by, or in behalf of, any creditor whose debt shall not amount to two hundred dollars. 7. That it shall be lawful for the said commissioners, as often as they shall see cause, for the better preserving and securing the bankrupt's estate, before assignees shall be chosen as aforesaid, immediately to appoint one or more assignee or assignees of the estate and effects afore- said, or any part thereof; which assignee or assignees aforesaid, or any of them, may be removed at the meeting of the creditors, so to be appointed as aforesaid, for the choice of assignees, if such creditors, entitled to vote as aforesaid, or the major part, in value, of them, shall think fit; and such assignee or assignees as shall be so removed, shall deliver up all the estate and effects of such bankrupt, which shall have come to his or their hands or possession, unto such other assignee or assignees as shall be chosen by the creditors as aforesaid; and all such estate and effects shall be, to all intents and purposes, as effectually and legally vested in such new assignee or assignees, as if the first assignment had been made to him or them by the said commissioners; and if such first assignee or assignees shall refuse or neglect, for the space of ten days, next after notice in writing from such new assignee or assignees, of their apportionment, as aforesaid, to deliver over as aforesaid, all the estate and effects as aforesaid, every such assignee or assignees shall, respect- ively, forfeit a sum not exceeding five thousand dollars, for the use of the creditors, and shall moreover be liable for the property so detained. 8. That at any time, previous to the closing of the accounts of the said assignee or assignees so chosen as aforesaid, it shall be lawful for such creditors of the bankrupt as are hereby authorized to vote in the choice of assignees, or the major part of them, in value, at a regular meeting of the said creditors, , to be called for that purpose, by the said FORMER BANKRUPTCY ACTS. 427 commissioners, or by one fourth, in value, of such creditors, to remove all or any of the assignees chosen as aforesaid, and to choose one or more in his or their place and stead: and such assignee or assignees as shall be so removed, shall deliver up all the estate and effects of such bankrupt, which shall have come into his or their hands or possession, unto such new assignee or assignees as shall be chosen by the creditors at such meeting; and all such estate and effects shall be, to all intents and pur- poses, as effectually and legally vested in such new assignee or assignees, as if the first assignment had been made to him or them by the said commissioners: And if such former assignee or assignees shall refuse or neglect, for the space of ten days, next after notice in writing from such new assignee or assignees, of their appointment, as aforesaid, to deliver over, as aforesaid, all the estate and effects aforesaid, every such former assignee or assignees shall, respectively, forfeit a sum not exceed- ing five thousand dollars, for the use of the creditors, and shall moreover be liable for the property so detained. 9. That whenever a new assignee or 'assignees shall be chosen as aforesaid, no suit at law or in equity shall be thereby abated ; but it shall and may be lawful for the court in which any suit may depend, upon the suggestion of a removal of a former assignee or assignees, and of the appointment of a new assignee or assignees, to allow the name of such new assignee or assignees, to be substituted in place of the name or names of the former assignee or assignees, and thereupon the suit shall be prosecuted in the name or names of the new assignee or assignees, in the same manner as if he or they had originally commenced the suit in his or their own names. 10. That the assignment or assignments of the commissioners of the bankrupt's estate and effects as aforesaid, made as aforesaid, shall be good at law or in equity, against the bankrupt; and all persons claiming by, from, or under, such bankrupt, by any act done at the time, or after, he shall have committed the act of bankruptcy upon which the commission issued : Provided always, That in case of a bona fide purchase, made before the issuing of the commission from of under such bankrupt, for a valuable consideration, by any person having no knowledge, informa- tion, or notice, of any act of bankruptcy committed, such purchase shall not be invalidated or impeached. 11. That the said commissioners shall have power, by deed or deeds, under their hands and seals, to assign and convey to the assignee or assignees, to be appointed or chosen as aforesaid, any lands, tenements, or hereditaments, which such bankrupt shall be seised of, or entitled to, in fee tail, at law, or in equity, in possession, remainder, or reversion, for the benefit of the creditors ; and all such deeds, being duly executed, and recorded, according to the laws of the state within which such lands, 428 FORMER BANKRUPTCY ACTS. tenements, or hereditaments, may be situate, shall be good and effectual against all persons whom the said bankrupt, by common recovery, or other means, might or could bar of any estate, right, title, or possibility, of or in the said lands, tenements, or hereditaments. 12 That if any bankrupt shall have conveyed or assured any lands, goods, or estate, unto any person, upon condition or power of redemp- tion, by payment of money or otherwise, it shall be lawful for the com- missioners, or for any person by them duly authorized for that purpose, by writing, under their hands and seals, to make tender of money, or other performance, according to the nature of such condition, as fully as the bankrupt might have done; and the commissioners, after such per- formance or tender, shall have power to assign such lands, goods, and estate, for the benefit of the creditors, as fully and effectually as any other part of the estate of such bankrupt. 13. That the commissioners aforesaid shall have power to assign, for the use aforesaid, all the debts due to such bankrupt, or to any other person for his or her use or benefit; which assignment shall vest the property and right thereof in the assignee or assignees of such bankrupt, as fully as if the bond, judgment, contract, or claim, had originally belonged or been made to the said assignees; and after the said assign- ment, neither the said bankrupt, nor any person acting as trustee for him or her, shall have power to recover or discharge the same, nor shall the same be attached as the debt of the said bankrupt; but the assignee or assignees aforesaid shall have such remedy to recover the same, in his or their own name or names, as such bankrupt might or could have had if no commission of bankruptcy had issued: And when any action in the name of such bankrupt shall have been commenced, and shall be pend- ing for the recovery of any debt or effects of such bankrupt, which shall be assigned, or shall or might become vested in the assignee or assignees of such bankrupt as aforesaid, then such assignee or assignees may claim to be, and shall be thereupon, admitted to prosecute such action in his or their name, for the use and benefit of the creditors of such bankrupt; and the same judgment shall be rendered in such action, and all attach- ments or other security taken therein, shall be in like manner holden and liable, as if the said action had been originally commenced in the name of such assignee or assignees, after the original plaintiff therein had be- come a bankrupt as aforesaid : Provided, That where a debtor shall have, bona fide, paid his debt to any bankrupt, without notice that such person was bankrupt, he or she shall not be liable to pay the same to the assignee or assignees. 14. That if complaint shall be made, or information given, to the commissioners, or if they shall have good reason to believe or suspect, that any of the property, goods, chattels, or debts, of the bankrupt, are FORMER BANKRUPTCY ACTS. 429 in the possession of any other person, or that any person is indebted to, or for the use of, the bankrupt, then the said commissioners shall have power to summon, or cause to be summoned by their attorney or other person duly authorized by them, all such persons before them, or the judge of the district where such person shall reside, by such process, or other means, as they shall think convenient, and upon their appearance, to exam- ine them by parole, or by interrogatories, in writing, on oath or affirma- tion, which oath or affirmation they are hereby empowered to administer, respecting the knowledge of all such property, goods, chattels, and debts ; and if such person shall refuse to be sworn or affirmed, and to make answer to such questions or interrogatories as shall be administered, and to subscribe the said answers, or, upon examination, shall not declare the whole truth, touching the subject matter of such examination, then it shall be lawful for the commissioners, or judge, to commit such person to prison, there to be detained until they shall submit themselves to be examined in manner aforesaid, and they shall, moreover, forfeit double the value of all the property, goods, chattels, and debts, by them con- cealed. 15. That if any of the aforesaid persons shall, after legal summons to appear before the commissioners or judge, to be examined, refuse to attend, or shall not attend at the time appointed, having no such impedi- ment as shall be allowed of by the commissioners or judge, it shall be lawful for the said commissioners or judge to direct their warrants to such person or persons as by them shall be thought proper, to apprehend such persons as shall refuse to appear, and to bring them before the com- missioners or judge, to be examined, and upon their refusal to come, to commit them to prison, until they shall submit themselves to be exam- ined, according to the directions of this act: Provided, That such wit- nesses as shall be so sent for, shall be allowed such compensation as the commissioners, or judge, shall think fit, to be rateably borne by the cred- itors; and if any person, other than the bankrupt, either by subornation of others, or by his or her own act, shall, wilfully or corruptly, commit perjury on such examination, to be taken before the commissioners as aforesaid, the party so offending, and all persons who shall procure any person to commit such perjury, shall, on conviction thereof, be fined, not exceeding four thousand dollars, and imprisoned, not exceeding two years, and moreover shall, in either case, be rendered incapable of being a witness in any court of record. 16. That if any person or persons shall fraudulently or collusively, claim any debts, or claim or detain any real or personal estate of the bankrupt, every such person shall forfeit double the value thereof, to and for the use of the creditors. 17. That L any person, prior to his or her becoming a bankrupt, shall convey to any of his or her children, or other persons, any lands 430 FORMER BANKRUPTCY ACTS. or goods, or transfer his or [her] debts or demands into other persons' names, with intent to defraud his or her creditors, the commissioners shall have power to assign the same, in as effectual a manner as if the bankrupt had been actually seised or possessed thereof. 18. That if any person or persons, who shall become bankrupt within the intent and meaning of this act, and against whom a commission of bankruptcy shall be duly issued, upon which commission such person or persons shall be declared bankrupt, shall not, within forty-two days after notice thereof, in writing, to be left at the usual place of abode of such person or persons, or personal notice, in case such person or persons be then in prison, and notice given in some gazette, that such commission hath been issued, and of the time and place of meeting of the commis- sioners, surrender him or herself to the said commissioners, and sign or subscribe such surrender, and submit to be examined, from time to time, upon oath or solemn affirmation, by and before such commissioners, and in all things conform to the provisions of this act, and also, upon such his or her examination, fully and truly disclose and discover all his or her effects and estate, real and personal, and how and in what manner, to whom and upon what consideration, and at what time or times, he or she hath disposed of, assigned, or transferred, any of his or her goods, wares, or merchandise, moneys, or other effects and estate, and of all books, papers, and writings, relating thereunto, of which he or she was possessed or in or to which he or she was any ways interested or entitled, or which any person or persons shall then have, or shall have had, in trust for him or her, or for his or her use, at any time before or after the issu- ing of the said commission, or whereby such bankrupt, or his or her family then hath, or may have, or expect, any profit, possibility of profit, benefit, or advantage whatsoever, except only such part of his or her estate and effects as shall have been really and bona fide before sold and disposed of, in the way of his or her trade and dealings, and except such sums of money as shall have been laid out in the ordinary expenses of his or her family, and also upon such examination, execute, in due form of law, such conveyance, assurance, and assignment of his or her estate, whatso- ever and wheresoever, as shall be devised and directed by the commis- sioners, to vest the same in the assignees, their heirs, executors, admin- istrators, and assigns, forever, in trust, for the use of all and every the creditors of such bankrupt, who shall come in and prove their debts under the commission ; and deliver up unto the commissioners, all such part of his or her, the said bankrupt's goods, wares, merchandises, money, effects, and estate, and all books, papers, and writings, relating thereunto, as, at the time of such examination, shall be in his or her possession, custody, or power, his or her necessary wearing apparel, and the necessary wearing apparel of the wife and children, and necessary beds and bedding, of such bankrupt, only excepted, then he or she, the said bankrupt, upon the con- FORMER BANKRUPTCY ACTS. 431 viction of any wilful default or omission in any of the matters or things aforesaid, shall be adjudged a fraudulent bankrupt, and shall suffer imprisonment for a term not less than twelve months, nor exceeding ten years, and shall not, at any time after, be entitled to the benefits of this act: Provided always, That in case any bankrupt shall be in prison, or custody, at the time of issuing such commission, and is willing to sur- render and submit to be examined, according to the directions of this act, and can be brought before the said commissioners and creditors for that purpose, the expense thereof shall be paid out of the said bankrupt's effects; and in case such bankrupt is in execution, or cannot be brought before the commissioners, that then the said commissioners, or some one of them, shall, from time to time, attend the said bankrupt in prison OF custody, and take his or her discovery, as in other , cases ; and the assignees, or one of them, or some person appointed by them, shall attend such bankrupt in prison or custody, and produce his or her books, papers, and writings, in order to enable him or her to prepare his or her dis- covery; a copy whereof the said assignees shall apply for, and the said bankrupt shall deliver to them, or their order, within a reasonable time after the same shall have been required. 19. That the said commissioners shall appoint, within the said forty- two days, so limited as aforesaid, for the bankrupt to surrender and con- form as aforesaid, not less than three several meetings, for the purposes .aforesaid, the third of which meetings shall be on the last of the said forty-two days: Provided always, That the judge of the district within which such commission issues, shall have power to ' enlarge the time so limited as aforesaid, for the purposes aforesaid, as he shall think fit, not exceeding fifty days, to be computed from the end of the said forty-two days, so as such order for enlarging the time be made at least six days before the expiration of said term. 20. That it shall be lawful for the commissioners, or any other person or officers, by them to be appointed, by their warrant, under their hands and seals, to break open, in the day time, the houses, chambers, shops, warehouses, doors, trunks, or chests, of the bankrupt, where any of his or her goods or estate, deeds books of account, or writings, shall be, and to take possession of the goods, money, and other estate, deeds, books of account, or writings, of such bankrupt. 21. That if the bankrupt shall refuse to be examined, or to answer fully, or to subscribe his or her examination, as aforesaid, it shall be lawful for the commissioners to commit the offender to close imprison- ment, until he or she shall conform him or herself; and if the said bank- rupt shall submit to be examined, and, upon his or her examination, it shall appear that he or she hath committed wilful or corrupt perjury, he or she may be indicted therefor, and, being thereof convicted, shall 432 FORMER BANKRUPTCY ACTS. suffer imprisonment for a term not less than two years, nor exceeding ten years. 22. That every bankrupt, having surrendered, shall at all seasonable times, before the expiration of the said forty-two days, as aforesaid, or of such further time as shall be allowed to finish his or her examina- tion, be at liberty to inspect his or her books and writings, in the pres- ence of some person to be appointed by the commissioners, and to bring with him or her, for his or her assistance, such persons as he or she shall think fit, not exceeding two at one time, and to make extracts and copies to enable him or her to make a full discovery of his or her effects; and the said bankrupt shall be free from arrests in coming to surrender, and after having surrendered to the said commissioners, for the said forty-two days, or such further time as shall be allowed for the finish- ing of his or her examination ; and in case such bankrupt shall be arrested for debt, or taken on any escape warrant or execution, coming to sur- render, or after his surrender, within the time before mentioned, then, on producing such summons or notice under the hand of the commission- ers, and giving the officer a copy thereof, he or she shall be discharged ; and in case any officer shall afterwards detain such bankrupt, such officer shall forfeit to such bankrupt, for his or her own use, ten dollars for every day he shall detain the bankrupt. 23. That every person who shall, knowingly or wilfully, receive or keep concealed any bankrupt, so as aforesaid summoned to appear, or who shall assist such bankrupt in concealing him or herself, or in abscond- ing, shall suffer such imprisonment, not exceeding twelve months, or pay such fine to the United States, not exceeding one thousand dollars, as upon conviction thereof shall be adjudged. 24. That the said commissioners, shall have power to examine, upon oath or affirmation, the wife of any person lawfully declared a bankrupt, for the discovery of such part of his estate as may be concealed or dis- posed of by such wife, or by any such person; and the wife shall incur such penalties for not appearing before the said commissioners, or refus- ing to be sworn or affirmed or examined, and to subscribe her examina- tion, or for not disclosing the truth, as by this act is provided against any other person in like cases. 25. That in case any person shall be committed by the commissioners for refusing to answer, or for not fully answering any question, or for any other cause, the commissioners shall in their warrant specify such question or other cause of commitment. 26. That if after the bankrupt shall have finished his or her final ex- amination, any other person or persons shall voluntarily make discovery of any part of such bankrupt's estate, before -unknown to the commis- FORMER BANKRUPTCY ACTS. 433 sioners, such person or persons shall be entitled to five per cent, out of the effects so discovered, and such further reward as the commissioners shall think proper; and any trustee having notice of the bankruptcy, wil- fully concealing the estate of any bankrupt for the space of ten days after the bankrupt shall have finished his final examination, as aforesaid, shall forfeit double the value of the estate so concealed, for the benefit of the creditors. 27. That if any bankrupt, after the issuing any commission against him or her, pay to the person who sued out the same, or give or de- liver to such person, goods, or any other satisfaction or security for his or her debt, whereby such person shall privately have and receive a greater proportion of his or her debt than the other creditors, such preference shall be a new act of bankruptcy, and on good proof thereof such com- mission may and shall be superseded, and it shall and may be lawful for either of the judges having authority to grant the commission as afore- said, to award any creditor petitioning another commission, and such person, so taking such undue satisfaction as aforesaid, shall forfeit and lose, as well his or her whole debts, as the whole he or she shall have taken and received, and shall pay back or deliver up the same, or the full value, thereof, to the assignee or assignees who shall be appointed or chosen under such commission, in manner aforesaid, in trust for, and to be divided among, the other creditors of the said bankrupt, in proportion to their respective debts. 28. That if any bankrupt, after the issuing any commission against him or her, pay to the person who sued out the same, or give or deliver to such person, goods, or any other satisfaction or security, for his or her debt, whereby such person shall privately have and receive a greater proportion of his or her debt than the other creditors, such preference shall be a new act of bankruptcy, and on good proof thereof, such com- mission shall and may be superseded, and it shall and may be lawful for either of the judges, having authority to grant the commission as afore- said, to award any creditor petitioning another commission; and such person, so taking such undue satisfaction as aforesaid, shall forfeit and lose, as well his or her whole debts, as the whole he or she shall have taken and received, and shall pay back, or deliver up the same, or the full value thereof, to the assignee or assignees who shall be appointed or chosen under such commission in manner aforesaid, in trust for, and to be divided amongst the other creditors of the said bankrupt, in pro- portion to their respective debts. 29. That every person who shall be chosen assignee of the estate and effects of a bankrupt shall, at some time after the expiration of four months, and within twelve months from the time of issuing the commis- sion, cause at least thirty days public notice to be given of the time and 434 FORMER BANKRUPTCY ACTS. place the commissioners and assignees intend to meet, to make a dividend or distribution of the bankrupt's estate and effects; at which time the creditors who have not before proved their debts shall be at liberty to prove the same; and upon every such meeting the assignee or assignees shall produce to the commissioners and creditors then present fair and just accounts of all his or their receipts and payments, touching the bank- rupt's estate and effects, and of what shall remain outstanding, and the particulars thereof, and shall, if the creditors then present, or a major part of them, require the same, be examined upon oath or solemn affirma- tion before the same commissioners, touching the truth of such accounts ; and in such accounts the said assignee or assignees shall be allowed and retain all such sum and sums of money as they shall have paid or ex- pended in the suing out and prosecuting the commission, and all other just allowances on account of or by reason or means of their being assignee or assignees; and the said commissioners shall order such part of the net produce of all the said bankrupt's estate as by such accounts or otherwise shall appear to be in the hands of the said assignees, as they shall think fit, to be forthwith divided among such of the bank- rupt's creditors as had duly proved their debts under such commission, in proportion to their several and respective debts ; and the commissioners shall make such their order for a dividend in writing, under their hands, and shall cause one part of such order to be filed amongst the proceed- ings under the said commission, and shall deliver to each of the assignees under such commission a duplicate of such their order, which order of distribution shall contain an account of the time and place of making such order, and the sum total or quantum of all the debts proved under the commission, and the sum total of the money remaining in the hands of the assignee or assignees to be divided, and how many per cent in particular is there ordered to be paid to every creditor of his debt; and the said assignee or assignees, in pursuance of such order, and without any deed or deeds of distribution to be made for the purpose, shall forth- with make such dividend and distribution accordingly, and shall take receipts in a book to be kept for the purpose, from each creditor, for the part or share of such dividend or distribution which he or they shall make and pay to each creditor respectively; and such order and receipt shall be a full and effectual discharge to such assignee for so much as he shall fairly pay, pursuant to such order as aforesaid. 30. That within eighteen months next after the issuing of the com- mission the assignee or assignees shall make a second dividend of the bank- rupt's estate and effects, in case the same were not wholly divided upon the first dividend, and shall cause due public notice to be given of the time and place the said commissioners intend to meet to make a second distribution of the bankrupt's estate and effects, and for the creditors who shall not before have proved their debts, to come in and prove the same; and at FORMER BANKRUPTCY ACTS. 435 said meeting the said assignees shall produce, on oath or solemn affirma- tion, as aforesaid, their accounts of the bankrupt's estate and effects, and what, upon the balance thereof, shall appear to be in their hands, shall, by like order of the commissioners, be forthwith divided amongst such of the bankrupt's creditors as shall have made due proof of their debts, in proportion to their several and respective debts; which second divi- dend shall be final, unless any suit at law, or equity, be depending, or any part of the estate standing out, that could not have been dis- posed of, or that the major part of the creditors shall not have agreed to be sold or disposed of, or unless some other or future estate or effects of the bankrupt shall afterwards come to, or vest in, the said assignees, in which cases the said assignees shall, as soon as may be, convert such future or other estate and effects into money, and shall, within two months after the same be converted into money, by like order of the commissioners, divide the same among such bankrupt's creditors as shall have made due proof of their debt under such commission. 31. That in the distribution of the bankrupt's effects, there shall be paid to every of the creditors a portion rate, according to the amount of their respective debts, so that every creditor having security for his debt by judgment, statute, recognisance, or specialty, or having an attach- ment under any of the laws of the individual states, or of the United States, on the estate of such bankrupt, (Provided, there be no execution executed upon any of the real or personal estate of such bankrupt, before the time he or she became bankrupts) shall not be relieved upon any such judgment, statute, recognisance, specialty, or attachment, for more than a rateable part of his debt, with the other creditors of the bank- rupt. 32. That the assignees shall keep one or more distinct book, or books, of account, wherein he or they shall duly enter all sums of money or effects which he or they shall have received, or got into his or their possession, of the said bankrupt's estate, to which books of account, every creditor, who shall have proved his or her debt, shall, at all reasonable times, have free resort, and inspect the same as often as he or she shall think fit. 33. That every bankrupt, not being in prison or custody, shall, at all times after his surrender, be bound to attend the assignees, upon every reasonable notice, in writing, for that purpose given, or left at the usual place of his or her abode, in order to assist in making out the ac- counts of the said bankrupt's estate and effects, and to attend any court of record, to be examined touching the same, or such other business as the said assignees shall judge necessary, for which he shall receive three dollars per day. 34. That all and every person and persons who shall become bank- 436 FORMER BANKRUPTCY ACTS. rupt as aforesaid, and who shall, within the time limited by this act, surrender him or herself to the commissioners, and in all things con- form as in and by this act is directed, shall be allowed five per cent, upon the nett produce of all the estate that shall be recovered in and received, which shall be paid unto him or her by the assignee or as- signees, in case the nett produce of such estate, after such allowance made, shall be sufficient to pay the creditors of said bankrupt, who shall have proved their debts under such commission, the amount of fifty per cent, on their said debts, respectively, and so as the said five per cent, shall not exceed, in the whole, the sum of five hundred dollars; and irt case the nett produce of the said estate shall, over and above the allow- ance hereafter mentioned, be sufficient to pay the said creditors seventy- 6ve per cent, on the amount of their said debts, respectively, that then the said bankrupt shall be allowed ten per cent, on the amount of such nett produce, to be paid as aforesaid, so as such ten per cent, shall not. in the whole, exceed the sum of eight hundred dollars; and every such bankrupt shall be discharged from all debts by him or her due or owing, at the time he or she became bankrupt, and all which were or might have been proved under the said commission; and in case any such bank- rupt shall afterwards be arrested, prosecuted, or impleaded, for or an ac- count of any of the said debts, such bankrupt may appear without bail, and may plead the general issue, and give this act, and the special mat- ter, in evidence: And the certificate of such bankrupt's conforming, and the allowance thereof, according to the directions of this act, shall be and shall be allowed to be sufficient evidence, prima facie, of the party's being a bankrupt within the meaning of this act, and of the commission, and other proceedings precedent to the obtaining such certificate, and a verdict shall thereupon pass for the defendant, unless the plaintiff in such action can prove the said certificate was obtained unfairly, and by fraud, or unless he can make appear any concealment of estate or effects, by such bankrupt, to the value of one hundred dol- lars: Provided, That no such discharge of a bankrupt shall release or discharge any person who was a partner with such bankrupt at the time he or she became bankrupt, or who was then jointly held or bound with such bankrupt, for the same debt or debts from which such bank- rupt was discharged as aforesaid. 35. That if the net proceeds of the bankrupt's estate, so to be dis- covered, recovered, and received, shall not amount to so much as will pay all and every of the creditors of the said bankrupt, who shall have proved their debts under the said commission, the amount of fifty per cent, on their debts, respectively, after all charges first deducted, that then, and in such case, the bankrupt shall not be allowed five per centum on such estate as shall be recovered in, but shall have and be paid by the assignees so much money as the commissioners shall think fit to allow, FORMER BANKRUPTCY ACTS. 437 not more than three hundred dollars, nor exceeding three per centum on the nett proceeds of the said bankrupt's estate. 36. That no person becoming a bankrupt according to the intent and provisions of this act, shall be entitled to a certificate of discharge, or to any of the benefits of the act, unless the commissioners shall certify under their hands, to the judge of the district within which such com- mission issues, that such bankrupt hath made a full discovery of his or her estate and effects, and in all things conformed him or herself to the directions of this act, and that there doth not appear to them any reason to doubt of the truth of such discovery, or that the same was not a full discovery of the said bankrupt's estate and effects; or unless the said judge should be of opinion that the said certificate was unreasonably denied by the commissioners; and unless two thirds, in number and in value, of the creditors of the bankrupt, who shall be creditors for not less than fifty dollars, respectively, and who shall have duly proved their debts under the said commission, shall sign such certificate to the judge, and testify their consent to the allowance of a certificate of discharge, in pursuance of this act; which signing and consent shall be also certified by the commissioners; but the said commissioners shall not certify the same till they have proof, by affidavit or information, in writing, of such creditors, or of the persons respectively authorized for that purpose, sign- ing the said certificate; which affidavit or affirmation, together with the letter or power of attorney to sign, shall be laid before the judge of the district within which such commission issues, in order for the allowing the certificate of discharge; and the said certificate shall not be allowed, unless the bankrupt make oath or affirmation, in writing, that the certifi- cate of the commissioners, and consent of the creditors thereunto, were obtained fairly and without fraud; and any of the creditors of the said bankrupt are allowed to be heard, if they shall think fit, before the respec- tive persons aforesaid, against the making or allowing of such certifi- cates by the commissioners or judge. 37. That if any creditor, or pretended creditor, of any bankrupt, shall exhibit to the commissioners any fictitious or false debt, or demand, with 'intent to defraud the real creditors of such bankrupt, and the bankrupt shall refuse to make discovery thereof, and suffer the fair creditors to be imposed upon, he shall lose all title to the allowance upon the amount of his effects, and to a certificate of discharge as aforesaid; nor shall he be entitled to the said allowance or certificate, if he has lost, at any one time, fifty dollars, or, in the whole, three hundred dollars, after the pass- ing of this act, and within twelve months before he became a bankrupt, by any manner of gaming or wagering whatever. 38. That if any bankrupt, who shall have obtained his certificate, shall be taken in execution or detained in prison, on account of any 438 FORMER BANKRUPTCY ACTS. debts owing before he became a bankrupt, by reason that judgment was obtained before such certificate was allowed, it shall be lawful for any of the judges of the court wherein judgment was so obtained, or for any court, judge, or justice, within the district in which such bankrupt shall be detained, having powers to award or allow the writ of habeas corpus, on such bankrupt producing his certificate so as aforesaid allowed, to order any sheriff or gaoler who shall have such bankrupt in custody, to discharge such bankrupt, without fee or charge, first giving reasonable notice to the plaintiff, or his attorney, of the motion for such discharge. 39. That every person who shall have, bona fide, given credit to, or taken securities, payable at future days, from persons who are, or shall become, bankrupts, not due at the time of such persons' becom- ing bankrupt, shall be admitted to prove their debts and con- tracts, as if they were payable presently, and shall have a dividend in proportion to the other creditors, discounting, where no interest is pay- able, at the rate of so much per centum per annum, as is equal to the lawful interest of the state where the debt is payable; and the obligee of any bottomry or respondentia bond, and the assured in any policy of cnsurance, shall be admitted to claim, and after the contingency or loss, to prove the debt thereon, in like manner as if the same had happened before issuing the commission ; and the bankrupt shall be discharged from such securities, as if such money had been due and payable before the time of his or her becoming bankrupt; and such creditors may petition for a commission, or join in petitioning. 40. That in case any person, committed by the commissioners' war- rant, shall obtain a habeas corpus, in order to be discharged, and there shall appear any insufficiency in the form of the warrant, it shall be lawful for the court or judge before whom such party shall be brought by habeas corpus, by rule or warrant, to commit such persons to the same prison, there to remain until he shall conform as aforesaid, unless it shall be made to appear that he had fully answered all lawful questions put to him by the commissioners; or in case such person was committed for not signing his examination, unless it shall appear that the party had good reason for refusing to sign the same, or that the commissioners had exceeded their authority in making such commitment. And in case the gaoler to whom such person shall be committed, shall wilfully or negligently suffer such person to escape, or go without the doors or walls of the prison, such gaoler shall, for such offense, being convicted thereof, forfeit a sum not exceeding three thousand dollars, for the use of the creditors. 41. That the gaoler shall upon the request of any creditor, having proved his debt, and showing a certificate thereof, under the hands of the commissioners, which the commissioners shall give without fee or FORMER BANKRUPTCY ACTS. 439 reward, produce the person so committed; and in case such gaoler shall refuse to show such person to such creditor requesting the same, such person shall be considered as having escaped, and the gaoler or sheriff so refusing shall be liable as for a wilful escape. 42. That where it shall appear to the said commissioners that there hath been mutual credit given by the bankrupt, and any other person or mutual debts between them, at any time before such person became bankrupt, the assignee or assignees of the estate shall state the account between them, and one debt may be set off against the other, and what shall appear to be due on either side, on the balance of such ac- count, after such set off, and no more, shall be claimed or paid on either side, respectively. 43. That it shall and may be lawful to and for the assignee or as- signees of any bankrupt's estate and effects, under the direction of the commissioners, and by and with the consent of the major part in value of such of the said bankrupt's creditors as shall have duly proved their debts under the commission, and shall be present at any meeting of the said creditors, to be held in pursuance of due and public notice for that purpose given, to submit any difference or dispute for, on account of, or by reason or means of, any matter, cause, or thing whatsoever, re- lating to such bankrupt, or to his or her estate or effects, to the final end and determination of arbitrators, to be chosen by the said commis- sioners and the major part in value of such creditors as shall be pres- ent at such meeting as aforesaid, and the party or parties with whom they shall have such difference or dispute, and to perform the award of such arbitrators, or otherwise to compound and agree the matter in difference and dispute as aforesaid, in such manner as the said assignee or assignees, under the direction and with the consent aforesaid, shall think fit and can agree; and the same shall be binding on the several creditors of the said bankrupt; and the said assignee or assignees are hereby indemnified for what they shall fairly do, according to the direc- tions aforesaid. 44. That the assignees shall be, and hereby are, vested with full power to dispose of all the bankrupt's estate, real and personal, at pub- lic auction or vendue, without being subject to any tax, duty, imposition, or restriction, any law to the contrary notwithstanding. 45. That if, after any commission of bankruptcy sued forth, the bankrupt happen to die before the commissioners shall have distributed the effects, or any part thereof, the commissioners shall, nevertheless, proceed to execute the commission, as fully as they might have done if the party were living. 46. That where any commission of bankruptcy shall be delivered 440 FORMER BANKRUPTCY ACTS. to the commissioners therein named, to be executed, it shall and may be lawful for them, before they take the oath or affirmation of qualifica- tion, to demand and take from the creditor or creditors prosecuting such commission, a bond, with one good security, if required, in the penalty of one thousand dollars, conditioned for the payment of the costs, charges, and expenses, which shall arise and accrue upon the prosecution of the said commission: Provided always, That the expenses, so as aforesaid to be secured and paid by the petitioning creditor or creditors, shall be repaid to him or them by the commissioners or assignees, out of the first moneys arising from the bankrupt's estate or effects, if so much be re- ceived therefrom. 47. That the district judges, in each district, respectively, shall fix a rate of allowance to be made to the commissioners of bankruptcy, as compensation of services to be rendered under the commission, and it shall be lawful for any creditor, by petition to the district judge, to ex- cept to any charge contained in the account of the commissioners: And the said judge, after hearing the commissioners, may, in a summary way, decide upon the validity of such exception. 48. That all penalties given by this act for the benefit of the creditors, shall be recovered by the assignee or assignees by action of debt, and the money so recovered, the charges of suit being deducted, shall be distributed towards payment of the creditors. 49. That if any action shall be brought against any commissioner, or assignee, or other person, having authority under the commission, for any thing done or performed by force of this act, the defendant may plead the general issue, and give this act, and the special matter, in evi- dence; and in case of a nonsuit, discontinuance, or verdict or judg- ment for him, he shall recover double costs. 50. That if any estate, real or personal shall descend, revert to, or become vested in any person, after he or she shall be declared a bankrupt, and before he or she shall obtain a certificate, signed by the judge as aforesaid, all such estate shall, by virtue of this act, be vested in the said commissioners, and shall be by them assigned and conveyed to the assignee or assignees, in fee simple, or otherwise, in like manner as above directed, with the estate of the said bankrupt, at the time of the bankruptcy, and the proceeds thereof shall be divided among the creditors. 51. That the said commissioners shall, once in every year, carefully file, in the clerk's office of the district court, all the proceedings had in every case before them, and which shall have been finished; including the commissions, examinations, dividends, entries, and other determina- tions, of the said commissioners, in which office the final certificate of the FORMER BANKRUPTCY ACTS. 441 said bankrupt may also be recorded; all which proceedings shall remain of record in the said office, and certified copies thereof shall be admitted as evidence in all courts in like manner as the copies of the proceedings of the said district court are admitted in other cases. 52. That it shall and may be lawful for any creditor of such bank- rupt, to attend all or any of the examinations of said bankrupt, and the allowance of the final certificate, if he shall think proper, and then and there to propose interrogatories, to be put by the judge or commissioners to the said bankrupt and others, and also to produce and examine wit- nesses and documents before such judge or commissioners, relative to the subject matter before them. And in case either the bankrupt or creditor shall think him or herself aggrieved by the determination of the said judge or commissioners, relative to any material fact, in the com- mencement or progress of the said proceedings, or in the allowance of the certificate aforesaid, it shall and may be lawful for either party to petition the said judge, setting forth such facts, and the determination thereon, with the complaint of the party, and a prayer for trial by a jury to determine the same, and the said judge shall, in his discretion, make order thereon, and award a venire facias to the marshal of the district, returnable within fifteen days, before him, for the trial of the facts men- tioned in the said petition, notice whereof shall be given to the com- missioners and creditors concerned in the same; at which time the said trial shall be had, unless, on good cause shown, the judge shall give fur- ther time; and judgment being entered on the verdcit of the jury, shall be final on the said facts, and the judge or commissioners shall proceed agreeably thereto. 53. That the commissioners, before the appointment of assignees, and the assignees after such appointment, may, from time to time, make such allowance, out of the bankrupt's estate, until he shall have obtained his final discharge, as, in their opinion, may be requisite for the neces- sary support of the said bankrupt and his family. 54. That it shall be lawful for the major part, in value, of the creditors, before they proceed to the choice of assignees, to direct in what manner, with whom, and where, the moneys arising by, and to be received from time to time out cf, the bankrupt's estate, shall be lodged, until the same shall be divided among the creditors, as herein provided; to which direction every such assignee and assignees shall conform, as often as three hundred dollars shall be received. 55. That every matter and thing, by this act required to be done by the commissioners of any bankrupt, shall be valid to all intents and purposes, if performed by a majority of them. 56. That in all cases where the assignees shall prosecute any debtor 442 FORMER BANKRUPTCY ACTS. of the bankrupt for any debt, duty, or demand, the commission, or a certified copy thereof, and the assignment of the commissioners of the bankrupt's estate, shall be conclusive evidence of the issuing the commis- sion, and of the person named therein being a trader and bankrupt, at the time mentioned therein. 57. That every person obtaining a dischaige from his debts, by certificate as aforesaid, granted under a commission of bankruptcy, shall not, on any future commission, be entitled to any other certificate than a discharge of his person only; unless the nett proceeds of the estate anfl effects of such person, so becoming bankrupt a second time, shall be suf- ficient to pay seventy-five per cent, to his or her creditors, on the amount of their debts, respectively. 58. That any creditor of a person, against whom a commission of bankruptcy shall have been sued forth, and who shall lay his claim before the commissioners appointed in pursuance of this act, may, at the same time, declare his unwillingness to submit the same to the judgment of the said commissioners, and his wish that a jury may be empannelled to decide thereon: And in like manner, the assignee or assignees of such bankrupt, may object to the consideration of any particular claim by the commissioners, and require that the same should be referred to a jury. In either case, such objection and request shall be entered on the books of the commissioners, and thereupon an issue shall be made up between the parties, and a jury shall be empannelled, as in other cases, to try the same in the circuit court for the district in which such bankrupt has usually resided. The verdict of such jury shall be subject to the control of the court, as in suits originally instituted in the said court, and when rendered, if not set aside by the court, shall be certified to the commis- sioners, and shall ascertain the amount of any such claim, and such creditor or creditors shall be considered in all respects as having proved their debts under the commission. 59. That the lands and effects of any person becoming bankrupt, may be sold on such credit, and on such security, as a major part in value of the creditors may direct: Provided, nothing herein contained shall be allowed so to operate, as to retard the granting the bankrupt's certificate. 60. That if any person becoming bankrupt shall be in prison, it shall be lawful for any creditor or creditors, at whose suit he or she shall be in execution, to discharge him or her from custody, or if such creditor or creditors shall refuse to do so, the prisoner may petition the com- missioners to liberate him or her, and thereupon, if, in the opinion of the commissioners, the conduct of such bankrupt shall have been fair, so as to entitle him or her, in their opinion, to a certificate, when by hw such certificate might be given, it shall be lawful for them to direct the dis- FORMER BANKRUPTCY ACTS. 443 charge of such prisoner, and to enter the same in their books, which be- ing notified to the keeper of the gaol in which such prisoner may be confined, shall be a sufficient authority for his or her discharge: Pro- vided, That in either case, such discharge shall be no bar to another exe- cution, if a certificate shall be refused to such bankrupt: And provided also, That is shall be no bar to a subsequent imprisonment of such bank- rupt by order of the commissioners, in conformity with the provisions of this act. 61. That this act shall not repeal or annul, or be construed to repeal or annul, the laws of any state now in force, or which may be hereafter enacted, for the relief of insolvent debtors, except so far as the same may respect persons who are, or may be, clearly within the purview of this act, and whose debts shall amount, in the cases specified in the sec- ond section thereof, to the sums therein mentioned. And if any person within the purview of this act, shall be imprisoned for the space of three months, for any debt, or upon any contract, unless the creditors of such prisoner shall proceed to prosecute a commission of bankruptcy against him or her, agreeably to the provisions of this act, such debtor may and shall be entitled to relief, under any such laws for the relief of insol- vent debtors, this act notwithstanding. 62. That nothing contained in this law shall, in any manner, af- fect the right of preference to prior satisfaction of debts due to the United States, as secured or provided by any law heretofore passed, nor shall be construed to lessen or impair any right to, or security for, money due to the United States, or to any of them. 63. That nothing contained in this act shall be taken or construed to invalidate, or impair, any lien existing at the date of this act, upon the lands or chattels of any person who may become a bankrupt. 64. That this act shall continue in force during the term of five years, and from thence to the end of the next session of congress there- after, and no longer: Provided, That the expiration of this act shall not prevent the complete execution of any commission which may have been previously thereto issued. [Approved, 'April 4, 1800.] AMENDMENT OF FEBRUARY 13th, 1801. Sec. 12 of "An Act to provide for the more convenient organization of Courts of the United States." Approved, February 13th, 1801. 12. That the said Circuit Courts, respectively, shall have cogniz- ance, concurrently with the District Courts, of all cases, which shall arise, within their respective circuits, under the act to establish a uniform system of bankruptcy throughout the United States; and that each circuit judge, within his respective circuit, shall and may perform all and singular the duties enjoined by the said act, upon a judge of a 444 FORMER BANKRUPTCY ACTS. District Court; and that the proceedings under a commission of bank- ruptcy, which shall issue from a circuit judge, shall, in all respects, be conformable to the proceedings under a commission of bankruptcy which shall issue from a district judge, mutatis mutandis. AMENDMENT OF APRIL 29, 1802. Cognizance of pending cases was transferred to the district judge by Sec. 11 of "An Act to Amend the judicial system of the United States." 11. That in all cases in which proceedings shall, on the said first day of July next, be pending under a commission of bankruptcy, issued in pursuance of the aforesaid act, entitled "An act to provide for the more convenient organization of the courts of the United States," the cognizance of the same shall be, and hereby is, transferred to, and vested in, the district judge of the district within which such commission shall have issued, who is hereby empowered to proceed therein, in the same manner, and to the same effect, as if such commission of bankruptcy had been issued by his order. AN ACT TO REPEAL BANKRUTCY ACT. Chapter 6, par. i. Approved Dec. igth, 1803. 1. Be it enacted, &c. That the act of congress, passed on the fourth day of April, one thousand eight hundred, entitled "An act to establish an uniform system of bankruptcy throughout the United States," shall be and the same is hereby, repealed: Provided, nevertheless, That the repeal of the said act shall, in nowise, affect the execution of any com- mission of bankruptcy which may have been issued prior to the passing of this act, but every such commission may and shall be proceeded on and fully executed, as though this act had not passed. [Approved, De- cember 19, 1803.] FORMER BANKRUPTCY ACTS. 445 BANKRUPTCY ACT OF AUGUST 19xH, 1841. An act to establish a uniform system of bankruptcy throughout the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and hereby is, established throughout the United States, a uniform system of bankruptcy, as follows: All persons whatsoever, residing in any State, District or Territory of the United States, owing debts, which shall not have been created in consequence of a defalcation as a public officer; or as executor, administrator, guardian or trustee, or while acting in any other fiduciary capacity, who shall, by petition, setting forth to the best of his knowledge and belief, a list of his or their creditors, their re- spective places of residence, and the amount due to each, together with an accurate inventory of his or their property rights, and credits, of every name, kind, and description, and the location and situation of each and every parcel and portion thereof, verified by oath, or, if conscien- tiously scrupulous of taking an oath, by solemn affirmation apply to the proper court, as hereinafter mentioned, for the benefit of this act and therein declare themselves to be unable to meet their debts and engage- ments, shall be deemed bankrupts within the purview of this act, and may be so declared accordingly by decree of such court; all persons, be- ing merchants, or using the trade of merchandise, all retailers of mer- chandise, and all bankers, factors, brokers, underwriters, or marine in- surers, owing debts to the amount of not less than two thousand dollars, shall be liable to become bankrupts within the true intent and meaning of this act, and may, upon the petition of one or more of their creditors, to whom they owe debts amounting in the whole to not less than five hundred dollars, to the appropriate court, be so declared accordingly, in the following cases, to wit: whenever such person, being a merchant, or actually using the trade of merchandise, or being a retailer of merchan- dise, or being a banker, factor, broker, underwriter or marine insurer, shall depart from the State, District, or Territory, of which he is an in- habitant, with intent to defraud his creditors; or shall conceal himself to avoid being arrested; or shall willingly or fraudulently procure him- self to be arrested, or his goods and chattels, lands, or tenements, to be attached, distrained, sequestered, or taken in execution; or shall remove his goods, chattels, and effects, or conceal them to prevent their being levied upon, or taken in execution, or by other process; or make any fraudulent conveyance, assignment, sale, gift, or other transfer of his lands, tenements, goods or chattels, credits, or evidence of debt: Pro- vided, however, That any person so declared a bankrupt, at the instance of a creditor, may, at his election, by petition to such court within ten 446 FORMER BANKRUPTCY ACTS. days after its decree, be entitled to a trial by jury before such court, to ascertain the fact of such bankruptcy; or if such person shall reside at a great distance from the place of holding such court, the said judge, in his discretion, may direct such trial by jury to be had in the county of such person's residence, in such manner, and under such directions, as the said court may prescribe and give; and all such decrees passed by such court, and not so re-examined, shall be deemed final and conclusive as to the subject-matter thereof. SEC. 2. And be it further enacted, That all future payments, secur- ities, conveyances, or transfers of property, or agreements made or given by any bankrupt, in contemplation of bankruptcy, and for the purpose of giving any creditor, endorser, surety, or other person, any prefer- ence or priority over the general creditors of such bankrupts; and all other payments, securities, conveyances, or transfers of property, or agreements made or given by such bankrupt in contemplation of bank- ruptcy, to any person or persons whatever, not being a bona fide credi- tor or purchaser, for a valuable consideration, without notice, shall be deemed utterly void, and a fraud upon this act; and the assignee under the bankruptcy shall be entitled to claim, sue for, recover, and receive the same as part of the assets of the bankruptcy; and the person mak- ing such unlawful preferences and payments shall receive no discharge under the provisions of this act: Provided, That all dealings and trans- actions by and with any bankrupt, bona fide made and entered into more than two months before the petition filed against him, or by him, shall not be invalidated or affected by this act : Provided, That the other party to any such dealings or transactions had no notice of a prior act of bankruptcy, or of the intention of the bankrupt to take the benefit of this act. And in case it shall be made to appear to the court, in the course of the proceedings in bankruptcy, that the bankrupt, his appli- cation being voluntary, has, subsequent to the first day of January last, or at any other time, in contemplation of the passage of a bankrupt law, by assignments or otherwise, given or secured any preference to one creditor over another, he shall not receive a discharge unless the same be assented to by a majority in interest of those of his creditors who have not been so preferred: 'And provided, also, That nothing in this act contained shall be construed to annul, destroy, or impair any lawful rights of married women, or minors, or any liens, mortgages, or other securities on property, real or personal, which may be valid by the laws of the States respectively, and which are not inconsistent with the pro- visions of the second and fifth sections of this act. SEC. 3. "And be it further enacted, That all the property, and rights of property, of every name and nature, and whether real, personal, or mixed, of every bankrupt, except as is hereinafter provided, who shall FORMER BANKRUPTCY ACTS. 447 by a decree of the proper court, be declared to be a bankrupt within this act, shall by mere operation of law, ipso facto, from the time of such decree, be deemed to be divested out of such bankrupt, without any other act, assignment, or other conveyance whatsoever; and the same shall be vested, by force of the same decree, in such assignee as from time to time shall be appointed by the proper court for this purpose, which power of appointment and removal such court may exercise at its discretion, toties quoties; and the assignee so appointed shall be vested with all the rights, titles, powers, and authorities to sell, manage, and dispose of the same, and to sue for and defend the same, subject to the orders and directions of such court, as fully, to all intents and pur- poses, as if the same were vested in, or might be exercised by, such bank- rupt before or at the time of his bankruptcy declared as aforesaid; and all suits in law or in equity, then pending, in which such bankrupt is a party may be prosecuted and defended by such assignee to its final conclusion, in the same way, and with the same effect as they might have been by such bankrupt; and no suit commenced by or against any assignee shall be abated by his death or removal from office, but the same may be prosecuted or defended by his successor in the same office; Provided, however, That there shall be excepted from the operation of the provisions of this section the necessary household and kitchen furni- ture, and such other articles and necessaries of such bankrupt as the said assignee shall designate and set apart, having reference in the amount to the family, condition, and circumstances of the bankrupt, but altogether not to exceed in value, in any case, the sum of three hun- dred dollars; and, also, the wearing apparel of such bankrupt, and that of his wife and children; and the determination of the assignee in the matter shall, on exception taken, be subject to the final decision of said court. SEC. 4. 'And be it further enacted, That every bankrupt, who shall bona fide surrender all his property, and rights of property, with the exception before mentioned, for the benefit of his creditors, and shall fully comply with and obey all the orders and directions which may from time to time be passed by the proper court, and shall otherwise conform to all the other requisitions of this act, shall (unless a majority in number and value of his creditors who have proved their debts, shall file their written dissent thereto) be entitled to a full discharge from all his debts, to be decreed and allowed by the court which has declared him a bankrupt, and a certificate thereof granted to him by such court- accordingly, upon his petition filed for such purpose; such discharge and certificate not, however, to be granted until after ninety days from the decree of bankruptcy, nor until after seventy days' notice in some public newspaper, designated by such court, to all creditors who have proved their debts, and other persons in interest, to appear at a particu- 448 FORMER BANKRUPTCY ACTS. lar time and place, to show cause why such discharge and certiiicate shall not be granted; at which time and place any such creditors, or other persons in interest, may appear and contest the right of the bank- rupt thereto: Provided, That in all cases where the residence of the creditor is known, a service on him personally, or by letter addressed to him at his known usual place of residence, shall be prescribed by the court, as in their discretion shall seem proper, having regard to the dis- tance at which the creditor resides from such court. And if any such bankrupt shall be guilty of any fraud or wilful concealment of his prop- erty or rights of property, or shall have preferred any of his creditors contrary to the provisions of this act, or shall wilfully omit or refuse to comply with any orders or directions of such court, or to conform to any other requisites of this act, or shall, in the proceedings under this act, admit a false or fictitious debt against his estate, he shall not be entitled to any such discharge or certificate; nor shall any person, being a merchant, banker, factor, broker, underwriter, or marine insurer, be entitled to any such discharge or certificate, who shall become bankrupt, and who shall not have kept proper books of account, after the passing of this act; nor any person who, after the passing of this act, shall apply trust funds to his own use: Provided, That no discharge of any bankrupt under this act shall release or discharge any person who may be liable for the same debt as a partner, joint contractor, endorser, surety, or otherwise, for or with the bankrupt. And such bankrupt shall at all times be subject to examination, orally, or upon written interrogatories, in and before such court, or any commission, appointed by the court therefor, on oath, or, if conscientiously scrupulous of taking an oath, upon his solemn affirmation, in all matters relating to such bankruptcy, and his acts and doings, and his property and rights of property, which in the judgment of such court, are necessary and proper for the pur- poses of justice; and if in any such examination, he shall wilfully and corruptly answer, or swear, or affirm, falsely, he shall be deemed guilty of perjury, and shall be punishable therefor in like manner as the crime of perjury is now punishable by the laws of the United States; and such discharge and certificate, when duly granted, shall, in all courts of justice, be deemed a full and complete discharge of all debts, con- tracts, and other engagements of such bankrupt, which are proveable under this act, and shall be and may be pleaded as a full and complete bar to all suits brought in any court of judicature whatever, and the same shall be conclusive evidence of itself in favor of such bankrupt, unless the same shall be impeached for some fraud or wilful conceal- ment by him of his property or rights of property, as aforesaid, contrary to the provisions of this act, on prior reasonable notice specifying in writing such fraud or concealment; and if, in any case of bankruptcy, a majority, in number and value, of the creditors who shall have proved FORMER BANKRUPTCY ACTS. 449 their debts at the time of hearing of the petition of the bankrupt for a discharge as hereinbefore provided, shall at such hearing file their writ- ten dissent to the allowance of a discharge and certificate to such bankrupt, or if, upon such hearing, a discharge shall not be decreed to him, the bankrupt may demand a trial by jury upon a proper issue to be directed by the court, at such time and place, and in such manner, as the court may order; or he may appeal from that decision, at any time within ten days thereafter, to the circuit court next to be held for the same district, by simply entering in the district court, or with the clerk thereof, upon record, his prayer for an appeal. The appeal shall be tried at the first term of the circuit court after it be taken, unless, for sufficient reason, a continuance be granted; and it may be heard and determined by said court summarily, or by a jury, at the option of the bankrupt; and the creditors may appear and object against a decree of discharge and the allowance of the certificate, as hereinbefore pro- vided. And if, upon a full hearing of the parties, it shall appear to the satisfaction of the court, or the jury shall find that the bankrupt has made a full disclosure and surrender of all his estate, as by this act required, and has in all things conformed to the directions thereof, the court shall make a decree of discharge, and grant a certificate, as pro- vided in this act. SEC. 5. And be it further enacted, That all creditors coming in and proving their debts under such bankruptcy, in the manner hereinafter prescribed, the same being bona fide debts, shall be entitled to share in the bankrupt's property and effects, pro rata, without any priority or preference whatsoever, except only for debts due by such bankrupt to the United States, and for all debts due by him to persons who, by the laws of the United States, have a preference, in consequence of having paid moneys as his sureties, which shall be first paid out of the assets; and any person who shall have performed any labor as an operative in the service of any bankrupt shall be entitled to receive the full amount of the wages due to him for such labor, not exceeding twenty-five dol- lars: Provided, That such labor shall have been performed within six months next before the bankruptcy of his employer; and all creditors whose debts are not due and payable until a future day, all annuitants, holders of bottomry and respondentia bonds, holders of policies of in- surances, sureties, endorsers, bail, or other persons, having uncertain or contingent demands against such bankrupt, shall be permitted to come in and prove such debts or claims under this act, and shall have a right, when their debts and claims become absolute, to have the same allowed them; and such annuitants and holders of debts payable in future may have the present value thereof ascertained, under the direc- tion of such court, and allowed them accordingly, as debts in present! ; and no creditor or other person, coming in and proving his debt or other 450 FORMER BANKRUPTCY ACTS. claim shall be allowed to maintain any suit at law or in equity therefor, but shall be deemed thereby to have waived all right of action and suit against such bankrupt; and all proceedings already commenced, and all unsatisfied judgments already obtained thereon, shall be deemed to be surrendered thereby; and in all cases where there are mutual debts or mutual credits between the parties, the balance only shall be deemed the true debt or claim between them, and the residue shall be deemed adjusted by the set-off; all such proof of debts shall be made before the court decreeing the bankruptcy, or before some commissioner appointed by the court for that purpose; but such court shall have full power to set aside and disallow any debt, upon proof that such debt is founded in fraud, imposition, illegality, or mistake; and corporations to whom any debts are due, may make proof thereof by their president, cashier, treas- urer, or other officer, who may be specially appointed for that purpose; and in appointing commissioners to receive proof of debts, and perform other duties, under the provisions of this act, the said court shall ap- point such persons as have their residence in the county in which the bankrupt lives. SEC 6. And be it further enacted, That the district court in every district shall have jurisdiction in all matters and proceedings in bank- ruptcy arising under this act, and any other act which may hereafter be passed on the subject of bankruptcy; the said jurisdiction to be exer- cised summarily, in the nature of summary proceedings in equity; and for this purpose the said district court shall be deemed always open. And the district judge may adjourn any point or question arising in any case in bankruptcy into the circuit court for the district, in his discre- tion, to be there heard and determined; and for this purpose the circuit court of such district shall also be deemed always open. And the jurisdiction hereby conferred on the district court shall extend to all cases and controversies in bankruptcy arising between the bankrupt and any creditor or creditors who shall claim any debt or demand under the bankruptcy; to all cases and controversies between such creditor or creditors and the assignee of the estate, whether in office or removed; to all cases and controversies between such assignee and the bankrupt, and to all acts, matters, and things to be done under and in virtue of the bankruptcy, until the final distribution and settlement of the estate of the bankrupt, and the close of the proceedings in bankruptcy. And the said courts shall have full authority and jurisdiction to compel obe- dience to all orders and decrees passed by them in bankruptcy, by pro- cess of contempt and other remedial process, to the same extent the circuit courts may now do in any suit pending therein in equity. And it shall be the duty of the district court in each district, from time to time, to prescribe suitable rules and regulations, and forms of proceed- ings, in all matters of bankruptcy ; which rules, regulations, and forms, FORMER BANKRUPTCY ACTS. 451 shall be subject to be altered, added to, revised, or annulled, by the cir- cuit court of the same district, and other rules and regulations, and forms, substituted therefor; and in all such rules, regulations and forms, it shall be the duty of the said courts to make them as simple and brief as practicable, to the end to avoid all unnecessary expenses, and to facilitate the use thereof by the public at large. And the said courts shall, from time to time, prescribe a tariff or table of fees and charges to be taxed by the officers of the court or other persons, for services under this act, or any other on the subject of bankruptcy; which fees shall be as low as practicable, with reference to the nature and character of such services. SEC 7. And be it further enacted, That all petitions by any bankrupt for the benefit of this act, and all petitions by a creditor against any bankrupt under this act, and all proceedings in the case to the close thereof, shall be had in the district court within and for the district in which the person supposed to be a bankrupt shall reside, or have his place of business at the time when such petition is filed, except where otherwise provided in this act. And upon every such petition, notice thereof shall be published in one or more public newspapers printed in such district, to be designated by such court at least twenty days before the hearing thereof; and all persons interested may appear at the time and place where the hearing is thus to be had, and show cause, if any they have, why the prayer of the said petitioner should not be granted; all evidence by witnesses to be used in all hearings before such court shall be under oath, or solemn affirmation, when the party is conscien- tiously scrupulous of taking an oath, and may be oral or by deposition, taken before such court, or before any commissioner appointed by such court, or before any disinterested State judge of the State in which the deposition is taken ; and all proof of debts or other claims, by creditors entitled to prove the same by this act, shall be under oath or solemn affirmations as aforesaid, before such court or commissioner appointed thereby, or before some disinterested State judge of the State where the creditors live, in such form as may be prescribed by the rules and regu- lations hereinbefore authorized to be made and estabished by the courts having jurisdiction in bankruptcy. But all such proofs of debts and other claims shall be open to contestation in the proper court having jurisdiction over the proceedings in the particular case in bankruptcy; and as well the assignee as the creditor shall have a right to a trial by jury, upon an issue to be directed by such court, to ascertain the valid- ity and amount of such debts or other claims; and the result therein, unless a new trial shall be granted, if in favor of the claims, shall be evidence of the validity and amount of such debts or other claims. And if any person or persons, shall falsely and corruptly answer, swear, or affirm, in any hearing or on trial of any matter, or in any proceeding in 452 FORMER BANKRUPTCY ACTS. such court in bankruptcy, or before any commissioner, he and they shall be deemed guilty of perjury, and punishable therefor in the manner and to the extent provided by law for other cases. SEC. 8. And be it further enacted, That the circuit court within and for the district where the decree of bankruptcy is passed, shall have concurrent jurisdiction with the district court of the same district of all suits at law and in equity which may and shall be brought by any assignee of the bankrupt against any person or persons claiming an adverse interest, or by such person against such assignee, touching any property or rights of property of said bankrupt transferable to, or vested in, such assignee; and no suit at law or in equity shall, in any case, be maintainable by or against such assignee or by or against any person claiming an adverse interest touching the property and rights of property aforesaid, in any court whatsoever, unless the same shall be brought within two years after the declaration and decree of bankruptcy, or after the cause of suit shall first have accrued. SEC. 9. And be it further enacted, That all sales, transfers, and other conveyances of the assignee of the bankrupt's property and rights of property, shall be made at such times and in such manner as shall be ordered and appointed by the court in bankruptcy; and all assets re- ceived by the assignee in money, shall, within sixty days afterwards, be paid into the court, subject to its order respecting its future safe- keeping and disposition; and the court may require of such assignee a bond, with at least two sureties, in such sum as it may deem proper, conditioned for the due and faithful discharge of all his duties, and his compliance with the orders and directions of the court; which bond shall be taken in the name of the United States, and shall, if there be any breach thereof, be sued and sueable, under the order of such court, for the benefit of the creditors and other persons in interest. SEC. 10. And be it further enacted, That in order to ensue a speedy settlement and close of the proceedings in each case in bankruptcy, it shall be the duty of the court to order and direct a collection of the assets, and a reduction of the same to money, and a distribution thereof at as early periods as practicable, consistently with a due regard to the interests of the creditors: and a dividend and distribution of such assets as shall be collected and reduced to money, or so much thereof as can be safely so disposed of, consistently with the rights and interests of third persons having adverse claims thereto, shall be made among the creditors who have proved their debts, as often as once in six months from the time of the decree declaring the bankruptcy; notice of such dividends and distribution to be given in some newspaper or newspapers in the district, designated by the court, ten days at least before the order therefor is passed; and the pendency of any suit at law or in equity, by FORMER BANKRUPTCY ACTS. 453 or against such third persons, shall not postpone such division and dis- tribution, except so far as the assets may be necessary to satisfy the same ; and all the proceedings in bankruptcy in each case shall, if practicable, be finally adjusted, settled, and brought to a close, by the court, within two years after the decree declaring the bankruptcy. And where any creditor shall not have proved his debt until a dividend or distribution shall have been made and declared, he shall be entitled to be paid the same amount, pro rata, out of the remaining dividends or distributions thereafter made, as the other creditors have already received, before the latter shall be entitled to any portion thereof. SEC. 11. And be it further enacted, That the assignee shall have full authority, by and under the order and direction of the proper court in bankruptcy, to redeem and discharge any mortgage or other pledge, or deposite, or lien upon any property, real or personal, whether payable in presenti or at a future day, and to tender a due performance of the conditions thereof. And such assignee shall also have authority, by and under the order and direction of the proper court in bankruptcy, to compound any debts, or other claims, or securities due or belonging to the estate of the bankrupt; but no such order or direction shall be made until notice of the application is given in some public newspaper in the district, to be designated by the court, ten days at least before the hear- ing, so that all creditors and other persons in interest may appear and show cause, if any they have, at the hearing, why the order or direction should not be passed. SEC 12. And be it further enacted, That if any person, who shall have been discharged under this act, shall afterward become bankrupt, he shall not again be entitled to a discharge under this act, unless his estate shall produce (after all charges) sufficient to pay every creditor seventy-five per cent, on the amount of the debt which shall have been allowed to each creditor. SEC 13. And be it further enacted, That the proceedings in all cases in bankruptcy shall be deemed matters of record; but the same shall not be required to be recorded at large, but shall be carefully filed, kept, and numbered, in the office of the court, and a docket only, or short memorandum thereof, with the numbers, kept in a book by the clerk of the court; and the clerk of the court, for affixing his name and the seal of the court to any form, or certifying a copy thereof, when required thereto, shall be entitled to receive, as compensation, the sum of twenty-five cents and no more. And no officer of the court, or com- missioner, shall be allowed by the court more than one dollar for taking the proof of any debt or other claim of any creditor or other person against the estate of the bankrupt; but he may be allowed, in addition, his actual travel expenses for that purpose. 454 FORMER BARKRUPTCY ACTS. SEC. 14. 'And be it further enacted, That where two or more persons, who are partners in trade, become insolvent, an order may be made in the manner provided in this act, either on the petition of such partners, or any one of them, or on the petition of any creditor of the partners; upon which order all the joint stock and property of the company, and also all the separate estate of each of the partners, shall be taken, ex- cepting such parts thereof as are herein exempted; and all the creditors of the company, and the separate creditors of each partner, shall be allowed to prove their respective debts; and the assignees shall also keep separate accounts of the joint stock or property of the company, and of the separate estate of each member thereof; and after deducting out of the whole amount received by such assignees the whole of the expenses and disbursements paid by them, the nett proceeds of the joint stock shall be appropriated to pay the creditors of the company, and the nett proceeds of the separate estate of each partner shall be appropriated to pay his separate creditors; and if there shall be any balance of the separate estate of any partner, after the payment of his separate debts, such balance shall be added to the joint stock, for the payment of the joint creditors; and if there shall be any balance of the joint stock, after payment of the joint debts, such balance shall be divided and appropriated to and among the separate estates of the several partners, according to their respective rights and interests therein, and as it would have been if the partnership had been dissolved without any bankruptcy; and the sum so appropriated to the separate estate of each partner shall be ap- plied to the payment of his separate debts ; and the certificate of discharge shall be granted or refused to each partner, as the same would or ought to be if the proceedings had been against him alone under this act; and in all other respects the proceedings against partners shall be con- ducted in the like manner as if they had been commenced and prosecuted against one person alone. SEC. 15. And be it further enacted, That a copy of any decree of bankruptcy, and the appointment of assignees, as directed by the third section of this act, shall be recited in every deed of lands belonging to the bankrupt, sold and conveyed by any assignees under and by virtue of this act; and that such recital, together with a certified copy of such order, shall be full and complete evidence both of the bankruptcy and assignment therein recited, and supersede the necessity of any other proof of such bankruptcy and assignment to validate the said deed; and all deeds containing such recital, and supported by such proof, shall be as effectual to pass the title of the bankrupt, of, in, and to the lands therein mentioned and described to the purchaser, as fully, to all intents and purposes, as if made by such bankrupt himself, immediately before such order. FORMER BANKRUPTCY ACTS. 455 SEC. 1C. And be it further enacted, That all jurisdiction, power, and authority, conferrred upon and vested in the district court of the United States by this act, in cases in bankruptcy, are hereby conferred upon and vested in the circuit court of the United States for the District of Columbia, and in and upon the supreme or superior courts of any of the Territories of the United States, in cases in bankruptcy, where the bankrupt resides in the said District of Columbia, or in either of the said Territories. SEC. 17. And be it further enacted, That this act shall take effect from and after the first day of February next. APPROVED, August 19, 1841. ACT OF MARCH SRD, 1843. REPEALING BANKRUPTCY STATUTE. An Act to repeal the bankrupt act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled, "An act to establish a uniform system of bankruptcy throughout the United States," approved on the nineteenth day of August, eighteen hundred and forty-one, be, and the same hereby is, repealed : Provided, That this act shall not affect any case or proceeding in bankruptcy com- menced before the passage of this act, or any pains, penalties, or for- feitures, incurred under the said act; but every such proceeding may be continued to its final consummation in like manner as if this act had not been passed. APPROVED, March 3, 1843. 456 FORMER BANKRUPTCY ACTS. BANKRUPTCY ACT OF MARCH 2ND, 1867. AN ACT to establish a uniform system of bankruptcy throughout the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the several dis- trict courts of the United States be, and they hereby are, constituted courts of bankruptcy, and they shall have original jurisdiction in their respective districts in all matters and proceedings in bankruptcy, and they are hereby authorized to hear and adjudicate upon the same accord- ing to the provisions of this act. The said courts shall be always open for the transaction of business under this act, and the powers and juris- diction hereby granted and conferred shall be exercised as well in vaca- tion as in term time, and a judge sitting at chambers shall have the same powers and jurisdiction, including the power of keeping order and of punishing any contempt of his authority, as when sitting in court. And the jurisdiction hereby conferred shall extend to all cases and contro-> versies arising between the bankrupt and any creditor or creditors who shall claim any debt or demand under the bankruptcy; to the collection of all the assets of the bankrupt; to the ascertainment and liquidation of the liens and other specific claims thereon; to the adjustment of the various priorities and conflicting interests of all parties; and to the marshaling and disposition of the different funds and assets, so as to secure the rights of all parties and due distribution of the assets among all the creditors; and to all acts, matters, and things to be done under and in virtue of the bankruptcy, until the final distribution and settle- ment of the estate of the bankrupt, and the close of the proceedings in bankruptcy. The said courts shall have full authority to compel obedi- ence to all orders and decrees passed by them in bankruptcy, by process of contempt and other remedial process, to the same extent that the circuit courts now have in any suit pending therein in equity. Said courts may sit for the transaction of business in bankruptcy at any place in the district, of which place, and the time of holding court, they shall have given notice, as well as at the places designated by law for holding such courts. SEC. 2. And be it further enacted, That the several circuits courts of the United States within and for the districts where the proceedings in bankruptcy shall be pending shall have a general superintendence and jurisdiction of all cases and questions arising under this act; and, except when special provision is otherwise made, may, upon bill, petition, or other proper process, of any party aggrieved, hear and determine the case as a court of equity. The powers and jurisdiction hereby granted may be exercised either by said court, or by any justice thereof, in term time FORMER BANKRUPTCY ACTS. 457 or vacation. Said circuit courts shall also have concurrent jurisdiction with the district courts of the same district, of all suits at law or in equity, which may or shall be brought by the assignee in bankruptcy against any person claiming an adverse interest, or by such person against such assignee, touching any property or rights of property of said bank- rupt transferable to or vested in such assignee; but no suit at law or in equity shall, in any case, be maintainable by or against such assignee, or by or against any person claiming an adverse interest, touching the property and rights of property aforesaid, in any court whatsoever, unless the same shall be brought within two years from the time the cause of action accrued, for or against such assignee: Provided, That nothing herein contained shall revive a right of action barred at the time such assignee is appointed. OF THE ADMINISTRATION OF THE LAW IN COURTS OF BANKRUPTCY. SEC. 3. And be it further enacted, That it shall be the duty of the judges of the district courts of the United States within and for the several districts to appoint in each congressional district in said districts, upon the nomination and recommendation of the Chief Justice of the Supreme Court of the United States, one or more registers in bank- ruptcy, to assist the judge of the district court in the performance of his duties under this act. No person shall be eligible to such appoint- ment unless he be a counsellor of said court, or of some one of the courts of record of the State in which he resides. Before entering upon the duties of his office, every person so appointed a register in bank- ruptcy shall give a bond to the United States, with condition that he will faithfully discharge the duties of his office, in a sum not less than one thousand dollars, to be fixed by said court, with sureties satisfactory to said court, or to either of the said justices thereof; and he shall, in open court, take and subscribe the oath prescribed in the act entitled, "An act to prescribe an oath of office, and for other purposes," approved July second, eighteen hundred and sixty-two; and also that he will not during his continuance in office be, directly or indirectly, interested in or benefited by the fees or emoluments arising from any suit or matter pending in bankruptcy in either the district or circuit court in his district. SEC. 4. And be it further enacted, That every register in bankruptcy, so appointed and qualified, shall have power, and it shall be his duty, to make adjudication of bankruptcy, to receive the surrender of any bank- rupt, to administer oaths in all proceedings before him, to hold and pre- side at meetings of creditors, to take proof of debts, to make all com- putations of dividends, and all orders of distribution, and to furnish the assignee with a certified copy of such orders, and of the schedules of creditors and assets filed in each case, to audit and pass accounts of assignees, to grant protection, to pass the last examination of any bank- 458 FORMER BANKRUPTCY ACTS. rupt in cases whenever the assignee or a creditor do not oppose, and to sit in chambers and despatch there such part of the administrative busi- ness of the court and such uncontested matters as shall be defined in general rules and orders, or as the district judge shall in any particular matter direct; and he shall also make short memoranda of his proceed- ings in each case in which he shall act, in a docket to be kept by him for that purpose, and he shall forthwith, as the proceedings are taken, forward to the clerk of the district court a certified copy of said memo- randa, which shall be entered by said clerk in the proper minute-book to be kept in his office, and any register of the court may act for any other register thereof: Provided, however, That nothing in this section contained shall empower a register to commit for contempt, or to hear a disputed adjudication, or any question of the allowance or suspension of an order of discharge; but in all matters where an issue of fact or of law is raised and contested by any party to the proceedings before him, it shall be his duty to cause the question or issue to be stated by the opposing parties in writing, and he shall adjourn the same into court for decision by the judge. No register shall be of counsel or attorney, either in or out of court, in any suit or matter pending in bankruptcy in either the circuit or district court of his district, nor in an appeal therefrom; nor shall he be executor, administrator, guardian, commis- sioner, appraiser, divider, or assignee, of or upon any estate within the jurisdiction of either of said courts of bankruptcy, nor be interested in the fees or emoluments arising from either of said trusts. The fees of said registers, as established by this act, and by the general rules and orders required to be framed under it, shall be paid to them by the parties for whom the services may be rendered in the course of proceed- ings authorized by this act. SEC. 5. And be it further enacted, That the judge of the district court may direct a register to attend at any place within the district, for the purpose of hearing such voluntary applications under this act as may not be opposed, of attending any meeting of creditors, or receiving any proof of debts, and, generally, for the prosecution of any bankruptcy or other proceedings under this act; and the travelling and incidental expenses of such register, and of any clerk or other officer attending him, incurred in so acting, shall be settled by said court in accordance with the rules prescribed under the tenth section of this act, and paid out of the assets of the estate in respect of which such register has so acted; or, if there be no such assets, or if the assets shall be insufficient, then such expenses shall form a part of the costs in the case or cases in which the register shall have acted in such journey, to be apportioned by the judge; and such register, so acting, shall have and exercise all powers, except the power of commitment, vested in the district court for the summoning and examination of persons or witnesses, and for requiring the produc- FORMER BANKRUPTCY ACTS. 459 tion of books, papers, and documents : Provided always, That all deposi- tions of persons and witnesses taken before said register, and all acts done by him, shall be reduced to writing and be signed by him, and shall be filed in the clerk's office as part of the proceedings. Such register shall be subject to removal by the judge of the [circuit] district court, and all vacancies accurring by such removal, or by resignation, change of residence, death, or disability, shall be promptly filled by other fit persons, unless said court shall deem the continuance of the particular office unnecessary. SEC. 6. And be it further enacted, That any party shall, during the proceedings before a register, be at liberty to take the opinion of the district judge upon any point or matter arising in the course of such proceedings, or upon the result of such proceedings, which shall be stated by the register in the shape of a short certificate to the judge, who shall sign the same if he approve thereof; and such certificate, so signed, shall be binding on all the parties to the proceedings; but every such cer- tificate may be discharged or varied by the judge at chambers or in open court. In any bankruptcy, or in any other proceedings within the juris- diction of the court under this act, the parties concerned, or submitting to such jurisdiction, may at any stage of the proceedings, by consent, state any question or questions in a special case for the opinion of the court; and the judgment of the court shall be final, unless it be agreed and stated in such special case that either party may appeal, if, in such case, an appeal is allowed by this act. The parties may also, if they think fit, agree, that upon the question or questions raised by such special case being finally decided, a sum of money, fixed by the parties, or to be ascertained by the court, or in such manner as the court may direct, or any property, or the amount of any disputed debt or claim, shall be paid, delivered, or transferred by one of such parties to the other of them, either with or without costs. SEC. 7. And be it further enacted, That parties and witnesses sum- moned before a register shall be bound to attend in pursuance of such summons at the place and time designated therein, and shall be entitled to protection, and be liable to process of contempt in like manner as parties and witnesses are now liable thereto in case of default in attend- ence under any writ of subpoena; and all persons wilfully and corruptly swearing or affirming falsely before a register shall be liable to all the penalties, punishments, and consequences of perjury. If any person ex- amined before a register shall refuse or decline to answer, or to swear to or sign his examination when taken, the register shall refer the matter to the judge, who shall have power to order the person so acting to pay the costs thereby occasioned, if such person be compellable by law to answer such question, or to sign such examination, and such person shall also be liable to be punished for contempt. 460 FORMER BANKRUPTCY ACTS. OF APPEALS AND PRACTICE. SEC. 8. 'And be it further enacted, That appeals may be taken from the district to the circuit courts in all cases in equity, and writs of error may be allowed to said circuit courts from said district courts in cases at law under the jurisdiction created by this act when the debt or dam- ages claimed amount to more than five hundred dollars; and any sup- posed creditor, whose claim is wholly or in part rejected, or an assignee who is dissatisfied with the allowance of a claim, may appeal from the decision of the district court to the circuit court for the same district; but no appeal shall be allowed in any case from the district to the circuit court unless it is claimed, and notice given thereof to the clerk of the district court, to be entered with the record of the proceedings, and also to the assignee or creditor, as the case may be, or to the defeated party in equity, within ten days after the entry of the decree or decision appealed from. The appeal shall be entered at the term of the circuit court which shall be first held within and for the district next after the expiration of ten days from the time of claiming the same. But if the appellant in writing waives his appeal before any decision thereon, proceedings may be had in the district court as if no appeal had been taken, and no appeal shall be allowed unless the appellant at the time of claiming the same shall give bond in manner now required by law in cases of such appeals. No writ of error shall be allowed unless the party claiming it shall comply with the statutes regulating the grant- ing of such writs. SEC. 9. And be it further enacted, That in cases arising under this act no appeal or writ of error shall be allowed in any case from the circuit courts to the Supreme Court of the United States, unless the matter in dispute in such case shall exceed two thousand dollars. SEC. 10. 'And be it further enacted, That the justices of the Supreme Court of the United States subject to the provisions of this act shall frame general orders for the following purposes: For regulating the practice and procedure of the district courts in bankruptcy, and the several forms of petitions, orders, and other pro- ceedings to be used in said courts in all matters under this act; For regulating the duties of the various officers of said courts; For regulating the fees .payable, and the charges and costs to be allowed, except such as are established by this act or by law, with respect to all proceedings in bankruptcy before said courts, not exceeding the rate of fees now allowed by law for similar services in other proceedings ; For regulating the practice and procedure upon appeals; For regulating the filing, custody, and inspection of records; And generally for carrying the provisions of this act into effect. FORMER BANKRUPTCY ACTS. 461 After such general orders shall have been so framed, they, or any of them, may be rescinded or varied, and other general orders may be framed in manner aforesaid, and all such general orders so framed shall, from time to time, be reported to Congress, with such suggestions as said justices may think proper. VOLUNTARY BANKRUPTCY COMMENCEMENT OF PROCEEDINGS. SEC 11. And be it further enacted, That if any person residing within the jurisdiction of the United States, owing debts provable under this act exceeding the amount of three hundred dollars, shall apply by petition, addressed to the judge of the judicial district in which such debtor has resided or carried on business for the six months next im- mediately preceding the time of filing such petition, or for the longest period during such six months, setting forth his place of residence, his inability to pay all his debts in full, his willingness to surrender all his estate and effects for the benefit of his creditors, and his desire to obtain the benefit of this act, and shall annex to his petition a schedule, verified by oath before the court, or before a register in bankruptcy, or before one of the commissioners of the circuit court of the United States, con- taining a full and true statement of all his debts, and, as far as possible, to whom due, with the place of residence of each creditor, if known to the debtor, and if not known the fact to be so stated, and the sum due to each creditor, also the nature of each debt or demand, whether founded on written security, obligation, contract, or otherwise, and also the true cause and consideration of such indebtedness in each case, and the place where such indebtedness accrued, and a statement of any existing mort- gage, pledge, lien, judgment, or collateral or other security given for the payment of the same ; and shall also annex to his petition an accurate inventory, verified in like manner, of all his estate, both real and personal, assignable under this act, describing the same, and stating where it is situated, and whether there are any, and if so, what incumbrances thereon, the filing of such petition shall be an act of bankruptcy, and such peti- tioner shall be adjudged a bankrupt: Provided, That all citizens of the United States petitioning to be declared bankrupt shall, on filing such petition and before any proceedings thereon, take and subscribe an oath of allegiance and fidelity to the United States, which oath shall be filed and recorded with the proceedings in bankruptcy. And the judge of the district court, or, if there be no opposing party, any register of said court, to be designated by the judge, shall forthwith, if he be satisfied that the debts due from the petitioner exceed three hundred dollars, issue a warrant, to be signed by such judge or register, directed to the marshal of said district, authorizing him forthwith, as messenger, to publish notices in such newspapers as the warrant specifies; to serve written or printed notice, by mail or personally, on all creditors upon the 462 FORMER BANKRUPTCY ACTS. schedule filed with the debtor's petition, or whose names may be given to him, in addition, by the debtor, and to give such personal or other notice to any persons concerned as the warrant specifies, which notice shall state First. That a warrant in bankruptcy has been issued against the estate of the debtor. Second. That the payment of any debts and the delivery of any property belonging to such debtor to him or for his use, and the transfer of any property by him, are forbidden by law. Third. That a meeting of the creditors of the debtor, giving the names, residences, and amounts, so far as known, to prove their debts and choose one or more assignees of his estate, will be held at a court of bankruptcy, to be holden at a time and place designated in the war- rant, jiot less than ten nor more than ninety days after the issuing of the same. OF ASSIGNMENTS AND ASSIGNEES, SEC 12. And be it further enacted, That at the meeting, held in pur- suance of the notice, one of the registers of the court shall preside, and the messenger shall make return of the warrant and of his doings thereon ; and if it appears that the notice to the creditors has not been as required in the warrant, the meeting shall forthwith be adjourned, and a new notice given as required. If the debtor dies after the issuing the war- rant, the proceedings may be continued and concluded in like manner as if he had lived. SEC 13. And be it further enacted, That the creditors shall, at the first meeting held after due notice from the messenger, in presence of a register designated by the court, choose one or more assignees of the estate of the debtor ; the choice to be made by the greater part in value and in number of the creditors who have proved their debts. If no choice is made by the creditors at said meeting, the judge, or, if there be no oppos- ing interest, the register, shall appoint one or more assignees. If an assignee, so chosen or appointed, fails within five days to express in writ- ing his acceptance of the trust, the judge or register may fill the vacancy. All elections or appointments of assignees shall be subject to the approval of the judge; and when in his judgment it is for any cause needful or expedient, he may appoint additional assignees, or order a new election. The judge at any time may, and, upon the request in writing of any creditor who has proved his claim, shall, require the assignee to give good and sufficient bond to the United States, with a condition for the faithful performance and discharge of his duties; the bond shall be ap- proved by the judge or register by his indorsement thereon, shall be filed with the record of the case, and inure to the benefit of all creditors proving their claims, and may be prosecuted in the name and for the FORMER BANKRUPTCY ACTS. 463 benefit of any injured party. If the assignee fails to give the bond within such time as the judge orders, not exceeding ten days after notice to him of such order, the judge shall remove him and appoint another in his place. SEC. 14. And be it further enacted, That as soon as said assignee is appointed and qualified, the judge, or, where there is no opposing interest, the>rregister, shall, by an instrument under his hand, assign and convey to the assignee all the estate, real and personal, of the bankrupt, with all his deeds, books, and papers relating thereto, and such assignment shall relate back to the commencement of said proceedings in bankruptcy, and thereupon, by operation of law, the title to all such property and estate, both real and personal, shall vest in said assignee, although the same is then attached on mesne process as the property of the debtor, and shall dis- solve any such attachment made within four months next preceding the commencement of said proceedings Provided, however, That there shall be excepted from the operation of the provisions of this section the nec- essary household and kitchen furniture, and such other articles and necessaries of such bankrupt as the said assignee shall designate and set apart, having reference in the amount to the family, condition, and cir- cumstances of the bankrupt, but altogether not to exceed in value, in any case, the sum of five hundred dollars; and also the wearing apparel of such bankrupt, and that of his wife and children, and the uniform, arms, and equipments of any person who is or has been a soldier in the milita or in the service of the United States; and such other property as now is, or hereafter shall be, exempted from attachment, or seizure, or levy on execution by the laws of the United States, and such other property not included in the foregoing exceptions as is exempted from levy and sale upon execution or other process or order of any court by the laws of the State in which the bankrupt has his domicile at the time of the commencement of the proceedings in bankruptcy, to an amount not ex- ceeding that allowed by such State exemption laws in force in the year eighteen hundred and sixty-four, Provided, That the foregoing exception shall operate as a limitation upon the conveyance of the property of the bankrupt to his assignees, and in no case shall the property hereby ex- cepted pass to the assignees, or the title of the bankrupt thereto be im- paired or affected by any of the provisions of this act; and the deter- mination of the assignee in the matter shall, on exception taken, be sub- ject to the final decision of the said court: And provided further, That no mortgage of any vessel or of any other goods or chattels, made as security for any debt or debts, in good faith and for present considera- tions, and otherwise valid, and duly recorded, pursuant to any statute of the United States, or of any State, shall be invalidated or affected hereby ; and all the property conveyed by the bankrupt in fraud of his creditors; all rights in equity, choses in action, patents and patent rights and copy- 464 FORMER BANKRUPTCY ACTS. rights; all debts due him, or any person for his use, and all liens and securities therefor; and all his rights of action for property or estate, real or personal, and for any cause of action which the bankrupt had against any person arising from contract or from the unlawful taking or detention of or injury to the property of the bankrupt; and all his rights of redeeming such property or estate, with the like right, title, power, and authority to sell, manage, dispose of, sue for, and recover or defend the same, as the bankrupt might or could have had if no assignment had been made, shall, in virtue of the adjudication of bank- ruptcy and the appointment of his assignee, be at once vested in such assignee; and he may sue for and recover the said estate, debts, and effects, and may prosecute and defend all suits at law or in equity, pend- ing at the time of the adjudication of bankruptcy, in which such bank- rupt is a party in his own name, in the same manner and with the like effect as they might have been presented or defended by such bankrupt; and a copy, duly certified by the clerk of the court under the seal thereof, of the assignment made by the judge or register, as the case may be, to him as assignee, shall be conclusive evidence of his title as such assignee to take, hold, sue for, and recover the property of the bankrupt, as here- inbefore mentioned; but no property held by the bankrupt in trust shall pass by such assignment. No person shall be entitled to maintain an action against an assignee in bankruptcy for anything done by him as such assignee, without previously giving him twenty days' notice of such action specifying the cause thereof, to the end that such assignee may have an opportunity of tendering amends, should he see fit to do so. No person shall be entitled, as against the assignee, to withhold from him possession of any books of account of the bankrupt, or claim any lien thereon; and no suit in which the assignee is a party shall be abated by his death or removal from office, but the same may be prosecuted and defended by his successor, or by the surviving or remaining assignee, as the case may be. The assignee shall have authority, under the order and direction of the court, to redeem or discharge any mortgage or con- ditional contract, or pledge or deposit, or lien upon any property, real or personal, whenever payable, and to tender due performance of the condi- tion thereof, or to sell the same subject to such mortgage, lien or other incumbrances. The debtor shall also, at the request of the assignee, and at the expense of the estate, make and execute any instruments, deeds, and writings which may be proper, to enable the assignee to possess him- self fully of all the assets of the bankrupt. The assignee shall immedi- ately give notice of his appointment by publication at least once a week for three successive weeks, in such newspapers as shall, for that purpose, be designated by the court, due regard being had to their general cir- culation in the district, or in that portion of the district in which the bankrupt and his creditors shall reside, and shall, within six months, FORMER BANKRUPTCY ACTS. 465 cause the assignment to him to be recorded in every registry of deeds or other office within the United States where a conveyance of any lands owned by the bankrupt ought by law to be recorded; and the record of such assignment, or a duly certified copy thereof, shall be evidence thereof in all courts. SEC. 15. And be it further enacted, That the assignee shall demand and receive from any and all persons holding the same all the estate assigned, or intended to be assigned, under the provisions of this act; and he shall sell all such unincumbered estate, real and personal, which comes to his hands, on such terms as he thinks most for the interest of the creditors; but upon petition of any person interested, and for cause shown, the court may make such order concerning the time, place, and manner of sale, as will, in his opinion, prove to the interest of the creditors; and the assignee shall keep a regular account of all money received by him as assignee, to which every creditor shall, at reasonable times, have free resort. SEC 16. And be it further enacted, That the assignee shall have the like remedy to recover all said estate, debts, and effects, in his own name, as the debtor might have had if the decree in bankruptcy had not been rendered and no assignment had been made. If, at the time of the commencement of proceedings in bankruptcy, an action is pending in the name of the debtor for the recovery of a debt or other thing which might or ought to pass to the assignee by the assign- ment, the assignee shall, if he requires it, be admitted to prosecute the action in his own name, in like manner and with like effect, as if it had been originally commenced by him. No suit pending in the name of the assignee shall be abated by his death or removal; but upon the motion of the surviving, or remaining, or new assignee, as the case may be, he shall be admitted to prosecute the suit, in like manner and with like effect as if it had been originally commenced by him. In suits prosecuted by the assignee, a certified copy of the assignment made to him by the judge or register shall be conclusive evidence of his authority to sue. SEC. 17. And be it further enacted, That the assignee shall, as soon as may be after receiving any money belonging to the estate, deposit the same in some bank in his name as assignee, or otherwise keep it distinct and apart from all other money in his possession; and shall, as far as practicable, keep all goods and effects belonging to the estate separate and apart from all other goods in his possession, or designated by appro- priate marks, so that they may be easily and clearly distinguished, and may not be exposed or liable to be taken as his property or for the pay- ment of his debts. When it appears that the distribution of the estate may be delayed by litigation or other cause, the court may direct the 466 FORMER BANKRUPTCY ACTS. temporary investment of the money belonging to such estate in securities to be approved by the judge or a register of said court, or may authorize the same to be deposited in any convenient bank, upon such interest, not exceeding the legal rate, as the bank may contract with the assignee to pay thereon. He shall give written notice to all known creditors, by mail or otherwise, of all dividends, and such notice of meetings, after the first, as may be ordered by the court. He shall be allowed, and may retain, out of money in his hands, all the necessary disbursements made by him in the discharge of his duty, and a reasonable compensation for his services, in the discretion of the court. He may, under the direction of the court, submit any controversy arising in the settlement of demands against the estate, or of debts due to it, to the determination of arbitrators, to be chosen by him and the other party to the controversy, and may, under such direction, compound and settle any such controversy by agree- ment with the other party, as he thinks proper and most for the interest of the creditors. SEC. 18. And be it further enacted, That the court, after due notice and hearing, may remove an assignee for any cause which, in the judg- ment of the court, renders such removal necessary or expedient. At a meeting called by order of the court in its discretion for the purpose, or which shall be called upon the application of a majority of the creditors in number and value, the creditors may, with consent of the court, remove any assignee by such a vote as is hereinbefore provided for the choice of assignee. An assignee may, with the consent of the judge, resign his trust and be discharged therefrom. Vacancies caused by death or otherwise in the office of assignee may be filled by appoint- ment of the court, or, at its discretion, by an election by the creditors, in the manner hereinbefore provided, at a regular meeting, or at a meet- ing called for the purpose, with such notice thereof in writing to all known creditors, and by such person, as the court shall direct. The resignation or removal of an assignee shall in no way release him from performing all things requisite on his part for the proper closing up of his trust and the transmission thereof to his successors, nor shall it affect the liability of the principal or surety on the bond given by the assignee. When, by death or otherwise, the number of assignees is reduced, the estate of the debtor not lawfully disposed of, shall vest in the remaining assignee or assignees, and the persons selected to fill vacancies, if any, with the same powers and duties relative thereto as if they were originally chosen. Any former assignee, his executors, or administrators, upon re- quest, and at the expense of the estate, shall make and execute to the new assignee all deeds, conveyances, and assurances, and do all other lawful acts requisite to enable him to recover and receive all the estate. And the court may make all orders which it may deem expedient to secure the proper fulfilment of the duties of any former assignee, and FORMER BANKRUPTCY ACTS. 467 the rights and interests of all persons interested in the estate. No person who has received any preference contrary to the provisions of this act shall vote for or be eligible as assignee; but no title to property, real or personal, sold, transferred, or conveyed by an assignee, shall be affected or impaired by reason of his ineligibility. An assignee refusing or unreasonably neglecting to execute an instrument when lawfully re- quired by the court, or disobeying a lawful order or decree of the court in the premises, may be punished as for a contempt of court. OF DEBTS AND PROOF OF CLAIMS. SEC 19. And be it further enacted, That all debts due and payable from the bankrupt at the time of the adjudication of bankruptcy, and all debts then existing, but not payable until a future day, a rebate of interest being made when no interest is payable by the terms of contract, may be proved against the estate of the bankrupt. All demands against the bank- rupt for or on account of any goods or chattels wrongfully taken, con- verted, or withheld by him, may be proved and allowed as debts to the amount of the value of the property so taken or withheld, with interest. If the bankrupt shall be bound as drawer, indorser, surety, bail, or guarantor upon any bill, bond, note, or any other specialty or contract, or for any debt of another person, and his liability shall not have be- come absolute until after the adjudication of bankruptcy, the creditor may prove the same after such liability shall have become fixed, and before the final dividend shall have been declared. In all cases of con- tingent debts and contingent liabilities contracted by the bankrupt, and not herein otherwise provided for, the creditor may make claim therefor, and have his claim allowed, with the right to share in the dividends, if the contingency shall happen before the order for the final dividend; or he may at any time apply to the court to have the present value of the debt or liability ascertained and liquidated, which shall then be done in such manner as the court shall order, and he shall be allowed to prove for the amount so ascertained. Any person liable as bail, surety, guar- antor, or otherwise for the bankrupt, who shall have paid the debt or any part thereof in discharge of the whole, shall be entitled to prove such debt, or to stand in the place of the creditor if he shall have proved the same, although such payments shall have been made after the pro- ceedings in bankruptcy were commenced. And any person so liable for the bankrupt, and who has not paid the whole of said debt, but is still liable for the same or any part thereof, may, if the creditor shall fail or omit to prove such debt, prove the same either in the name of the creditor or otherwise, as may be provided by the rules, and subject to such regulations and limitations as may be established by such rules. Where the bankrupt is liable to pay rent, or other debt falling due at fixed and stated periods, the creditor may prove for a proportionate part 468 FORMER BANKRUPTCY ACTS. thereof up to the time of the bankruptcy, as if the same grew due from day to day, and not at such fixed and stated periods. If any bankrupt shall be liable for unliquidated damages arising out of any contract or promise, or on account of any goods or chattels wrongfully taken, con- verted or withheld, the court may cause such damages to be assessed in such mode as it may deem best, and the sum so assessed may be proved against the estate. No debts other than those above specified shall be proved or allowed against the estate. SEC. 20. And be it further enacted, That, in all cases of mutual debts or mutual credits between the parties, the account between them shall be stated, and one debt set off against the other, and the balance only shall be allowed or paid, but no set-off shall be allowed of a claim in its nature not provable against the estate : Provided, That no set-off shall be allowed in favor of any debtor to the bankrupt of a claim purchased by or trans- ferred to him after the filing of the petition. When a creditor has a mortgage or pledge of real or personal property of the bankrupt, or a lien thereon for securing the payment of a debt owing to him from the bankrupt, he shall be admitted as a creditor only for the balance of the debt after deducting the value of such property, to be ascertained by agreement between him and the assignee, or by a sale thereof, to be made in such manner as the court shall direct; or the creditor may release or convey his claim to the assignee upon such property, and be admitted to prove his whole debt. If the value of the property exceeds the sum for which it is so held as security, the assignee may release to the creditor the bankrupt's right of redemption therein on receiving such excess; or he may sell the property, subject to the claim of the creditor thereon; and in either case the assignee and creditor, respectively, shall execute all deeds and writings necessary or proper to consummate the transaction. If the property is not so sold or released and delivered up, the creditor shall not be allowed to prove any part of his debt. SEC. 21. And be it further enacted, That no creditor proving his debt or claim shall be allowed to maintain any suit at law or in equity therefor against the bankrupt, but shall be deemed to have waived all right of action and suit against the bankrupt, and all proceedings already com- menced, or unsatisfied judgments already obtained thereon, shall be deemed to be discharged and surrendered thereby; and no creditor whose debt is provable under this act shall be allowed to prosecute to final judgment any suit at law or in equity therefor against the bankrupt, until the question of the debtor's discharge shall have been determined; and any such suit or proceedings shall, upon the application of the bank- rupt, be stayed to await the determination of the court in bankruptcy on the question of the discharge, provided there be no unreasonable delay on the part of the bankrupt in endeavoring to obtain his discharge, FORME?, BANKRUPTCY ACTS. 469 and provided, also, that if the amount due the creditor is in dispute, the suit, by leave of the court in bankruptcy, may proceed to judgment, for the purpose of ascertaining the amount due, which amount may be proved in bankruptcy, but execution shall be stayed as aforesaid. If any bank- rupt shall, at the time of adjudication, be liable upon any bill of exchange, promissory note, or other obligation in respect of distinct contracts as a member of two or more firms carrying on separate and distinct trades, and having distinct estates to be wound up in bankruptcy, or as a sole trader and also as a member of a firm, the circumstance that such firms are in whole or in part composed of the same individuals, or that the sole contractor is also one of the joint contractors, shall not prevent proof and receipt of dividend in respect of such distinct contracts against the estates respectively liable upon such contracts. SEC 22. 'And be it further enacted, That all proofs of debts against the estate of the bankrupt, by or in behalf of creditors residing within the judicial districts where the proceedings in bankruptcy are pending, shall be made before one of the registers of the court in said district, and by or in behalf of non-resident debtors before any register in bank- ruptcy in the judicial district where such creditors, or either of them, reside, or before any commissioner of the circuit court authorized to administer oaths in any district. To entitle a claimant against the estate of a bankrupt to have his demand allowed, it must be verified by a deposi- tion in writing on oath or solemn affirmation before the proper register or commissioner, setting forth the demand, the consideration thereof, whether any and what securities are held therefor, and whether any and what payments have been made thereon; that the sum claimed is justly due from the bankrupt to the claimant; that the claimant has not, nor has any other person for his use, received any security or satisfaction whatever other than that by him set forth; that the claim was not pro- cured for the purpose of influencing the proceedings under this act, and that no bargain or agreement, express or implied, has been made or entered into, by or on behalf of such creditor, to sell, transfer, or dis- pose of the said claim, or any part thereof, against such bankrupt, or take or receive, directly or indirectly, any money, property, or consid- eration whatever, whereby the vote of such creditor for assignee, or any action on the part of such creditor or any other person in the proceedings under this act, is or shall be in any way affected, influenced, or controlled, and no claim shall be allowed unless all the statements set forth in such deposition shall appear to be true. Such oath or solemn affirmation shall be made by the claimant testifying of his own knowledge, unless he is absent from the United States or prevented by some other good cause from testifying, in which cases the demand may be verified in like manner by the attorney or authorized agent of the claimant testifying to the best of his knowledge, information, and belief, and setting forth his means 470 FORMER BANKRUPTCY ACTS. of knowledge, or, if in a foreign country, the oath of the creditor may be taken before any minister, consul, or vice-consul of the United States ; and the court may, if it shall see fit, require or receive further pertinent evidence, either for or against the admission of the claim. Corporations may verify their claim by the oath or solemn affirmation of their presi- dent, cashier, or treasurer. If the proof is satisfactory to the register or commissioner, it shall be signed by the deponent, and delivered or sent by mail to the assignee, who shall examine the same and compare it with the books and accounts of the bankrupt, and shall register, in a book to be kept by him for that purpose, the names of creditors who have proved their claims, in the order in which such proof is received, stating the time of receipt of such proof, and the amount and nature of the debts, which books shall be open to the inspection of all the creditors. The court may, on the application of the assignee, or of any creditor, or of the bankrupt, or without any application, examine upon oath the bankrupt, or any person tendering or who has made proof of claims, and may summon any person capable of giving evidence concern- ing such proof, or concerning the debt sought to be proved, and shall reject all claims not duly proved, or where the proof shows the claim to be founded in fraud, illegality, or mistake. SEC. 23. And be it further enacted, That when a claim is presented for proof before the election of the assignee, and the judge entertains doubts of its validity, or of the right of the creditor to prove it, and is of opinion that such validity or right ought to be investigated by the assignee, he may postpone the proof of the claim until the assignee is chosen. Any person who, after the approval of this act, shall have accepted any preference, having reasonable cause to believe that the same was made or given by the debtor, contrary to any provision of this act, shall not prove the debt or claim on account of which the preference was made or given, nor shall he receive any dividend therefrom, until he shall first have surrendered to the assignee all property, money, benefit, or advantage, received by him under such preference. The court shall allow all debts duly proved, and shall cause a list thereof to be made and certified by one of the registers ; and any creditor may act at all meetings by his duly constituted attorney the same as though personally present. SEC. 24. 'And be it further enacted, That a supposed creditor who takes an appeal to the circuit court from the decision of the district court rejecting his claim, in whole or in part, shall, upon entering his appeal in the circuit court, file in the clerk's office thereof a statement in writing of his claim, setting forth the same, substantially, as in a declaration for the same cause of action at law and the assignee shall plead or answer thereto in like manner, and like proceedings shall thereupon be had in FORMER BANKRUPTCY ACTS. 471 the pleadings, trial, and determination of the cause, as in an action at law commenced and prosecuted, in the usual manner, in the courts of the United States, except that no execution shall be awarded against the assignee for the amount of a debt found due to the creditor. The final judgment of the court shall be conclusive, and the list of debts shall, if necessary, be altered to conform thereto. The party prevailing in the suit shall be entitled to costs against the adverse party, to be taxed and recovered as in suits at law; if recovered against the assignee, they shall be allowed out of the estate. A bill of exchange, promissory note, or other instrument, used in evidence upon the proof of a claim, and left in court, or deposited in the clerk's office, may be delivered, by the register or clerk having the custody thereof, to the person who used it, upon his filing a" copy thereof, attested by the clerk of the court, who shall indorse upon it the name of the party against whose estate it has been proved, and the date and amount of any dividend declared thereon. OF PROPERTY PERISHABLE AND IN DISPUTE. SEC. 25. 'And be it further enacted, That when it appears to the satis- faction of the court that the estate of the debtor, or any part thereof, is of a perishable nature, or liable to deteriorate in value, the court may order the same to be sold, in such manner as may be deemed most expedient, under the direction of the messenger or assignee, as the case may be, who shall hold the funds received in place of the estate disposed of; and whenever it appears to the satisfaction of the court that the title to any portion of an estate, real or personal, which has come into possession of the assignee, or which is claimed by him, is in dispute, the court may, upon the petition of the assignee, and after such notice to the claimant, his agent or attorney, as the court shall deem reasonable, order it to be sold, under the direction of the assignee, who shall hold the funds re- ceived in place of the estate disposed of; and the proceeds of the sale shall be considered the measure of the value of the property in any suit or controversy between the parties in any courts. But this provision shall not prevent the recovery of the property from the possession of the assignee by any proper action commenced at any time before the court orders the sale. EXAMINATION OF BANKRUPTS. SEC. 26. 'And be it further enacted, That the court may, on the applica- tion of the assignee in bankruptcy, or of any creditor, or without any application, at all times require the bankrupt, upon reasonable notice, to attend and submit to an examination, on oath, upon all matters relating to the disposal or condition of his property, to his trade and dealings with others, and his accounts concerning the same, to all debts due to or claimed from him, and to all other matters concerning his property and estate and the due settlement thereof according to law, which ex- 472 FORMER BANKRUPTCY ACES. animation shall be in writing, and shall be signed by the bankrupt and filed with the other proceedings; and the court may, in like manner, require the attendance of any other person as a witness, and if such person shall fail to attend, on being summoned thereto, the court may compel his attendance by warrant directed to the marshal, commanding him to arrest such person and bring him forthwith before the court, or before a register in bankruptcy, for examination as such witness. If the bank- rupt is imprisoned, absent, or disabled from attendance, the court may order him to be produced by the jailer, or any officer in whose custody he may be, or may direct the examination to be had, taken, and certified, at such time and place and in such manner as the court may deem proper, and with like effect as if such examination had been had in court. The bankrupt shall, at all times, until his discharge, be subject to the order of the court, and shall, at the expense of the estate, execute all proper writings and instruments, and do and perform all acts required by the court touching the assigned property or estate, and to enable the assignee to demand, recover, and receive all the property and estate assigned, wherever situated ; and for neglect or refusal to obey any order of the court, such bankrupt may be committed and punished as for a contempt of court, if the bankrupt is without the district, and unable to return and personally attend at any of the times or do any of the acts which may be specified or required pursuant to this section, and if it ap- pears that such absence was not caused by wilful default, and if, as soon as may be after the removal of such impediment, he offers to attend and submit to the order of the court in all respects, he shall be permitted so to do, with like effect as if he had not been in default. He shall also be at liberty, from time to time, upon oath, to amend and correct his schedule of creditors and property, so that the same shall conform to the facts. For good cause shown the wife of any bankrupt may be re- quired to attend before the court, to the end that she may be examined as a witness; and if such wife do not attend at the time and place speci- fied in the order, the bankrupt shall not be entitled to a discharge unless he shall prove to the satisfaction of the court that he was unable to procure the attendance of his wife. No bankrupt shall be liable to arrest during the pendency of the proceedings in bankruptcy in any civil action, unless the same is founded on some debt or claim from which his discharge in bankruptcy would not release him. OF THE DISTRIBUTION OF THE BANKRUPT'S ESTATE. SEC. 27. And be it further enacted, That all creditors whose debts are duly proved and allowed shall be entitled to share in the bankrupt's prop- erty and estate pro rata. without any priority or preference whatever, except that wages due from him to any operative, or clerk, or house ser- vant, to an amount not exceeding fifty dollars for lat>or performed within FORMER BANKRUPTCY ACTS. 473 six months next preceding the adjudication of bankruptcy, shall be en- titled to priority, and shall be first paid in full : Provided, That any debt proved by any person liable as bail, surety, guarantor, or otherwise, for the bankrupt shall not be paid to the person so proving the same until satisfactory evidence shall be produced of the payment of such debt by such person so liable, and the share to which such debt would be entitled may be paid into court, or otherwise held for the benefit of the party entitled thereto, as the court may direct. At the expiration of three months from the date of the adjudication of bankruptcy in any case, or as much earlier as the court may direct, the court, upon request of the assignee, shall call a general meeting of the creditors, of which due notice shall be given, and the assignee shall then report, and exhibit to the court and to the creditors just and true accounts of all his receipts and payments, verified by his oath, and he shall also produce and file vouchers for all payments for which vouchers shall be required by any rule of the court; he shall also submit the schedule of the bankrupt's creditors and property as amended, duly verified by the bankrupt, and a statement of the whole estate of the bankrupt as then ascertained, of the property recovered and of the property outstanding, specifying the cause of its being outstanding, also what debts or claims are yet undeter- mined, and stating what sum remains in his hands. At such meeting the majority in value of the creditors present shall determine whether any and what part of the net proceeds of the estate, after deducting and retaining a sum sufficient to provide for all undetermined claims which, by reason of the distant residence of the creditor, or for other sufficient reason, have not been proved, and for other expenses and contingencies, shall be divided among the creditors; but unless at least one-half in value of the creditors shall attend such meeting, either in person or by attorney, it shall be the duty of the assignee so to determine. In case a dividend is ordered the register shall, within ten days after such meet- ing, prepare a list of creditors entitled to dividend, and shall calculate and set opposite to the name of each creditor who has proved his claim the dividend to which he is entitled out of the net proceeds of the es- tate set apart for dividend, and shall forward by mail to every creditor a statement of the dividend to which he is entitled, and such creditor shall be paid by the assignee in such manner as the court may direct. SEC. 28. And be it further enacted, That the like proceedings, shall be had at the expiration of the next three months, or earlier, if prac- ticable, and a third meeting of creditors shall then be called by the court, and a final dividend then declared, unless any action at law or suit in equity be pending, or unless some other estate or effects of the debtor afterwards come to the hands of the assignee, in which case the assignee shall, as soon as may be, convert such estate or effects into money, and within two months after the same shall be so converted the same shall 474 FORMER BANKRUPTCY ACTS. be divided in manner aforesaid. Further dividends shall be made in like manner as often as occasion requires; and after the third meeting of creditors no further meeting shall be called unless ordered by the court. If at any time there shall be in the hands of the assignee any outstand- ing debts or other property, due or belonging to the estate which can- not be collected and received by the assignee without unreasonable or inconvenient delay or expense, the assignee may, under the direction of the court, sell and assign such debts or other property in such manner as the court shall order. No dividend already declared shall be disturbed by reason of debts being subsequently proved, but the creditors proving such debts shall be entitled to a dividend equal to those already received by the other creditors before any further payment is made to the latter. Preparatory to the final dividend, the assignee shall submit his account to the court and file the same, and give notice to the creditors of such filing, and shall also give notice that he will apply for a settlement of his account, and for a discharge from all liability as assignee, at a time to be specified in such notice; and at such time the court shall audit and pass the accounts of the assignee, and such assignee shall, if required by the court, be examined as to the truth of such account, and if found correct he shall thereby be discharged from all liability as assignee to any creditor of the bankrupt. The court shall thereupon order a divi- dend of the estate and effects, or of such part thereof as it sees fit, among such of the creditors as have proved their claims, in proportion to the respective amount of their said debts. In addition to all expenses necessarily incurred by him in the execution of his trust, in any case, the assignee shall be entitled to an allowance for his services in such case, on all moneys received and paid out by him therein, for any sum not exceeding one thousand dollars, five per centum thereon ; for any larger sum, not exceeding five thousand dollars, two and a half per centum on the excess over one thousand dollars ; and for any larger sum one per cen- tum on the excess over five thousand dollars; and if, at any time, there shall not be in his hands a sufficient amount of money to defray the necessary expenses required for the further execution of his trust, he shall not be obliged to proceed therein until the necessary funds are advanced or satis- factorily secured to him. If, by accident, mistake, or other cause, without fault of the assignee, either or both of the said second and third meetings should not be held within the times limited, the court may, upon mo- tion of an interested party, order such meetings, with like effect as to the validity of the proceedings, as if the meeting had been duly held. In the order for a dividend, under this section, the following claims shall be entitled to priority or preference, and to be first paid in full in the following order: First. The fees, costs and expenses of suits, and the several pioceed- FORMER BANKRUPTCY ACTS. 475 ings in bankruptcy under this act, and for the custody of property, as herein provided. Second. All debts due to the United States, and all taxes and assess- ments under the laws thereof. Third. All debts due to the State in which the proceedings in bank- ruptcy are pending, and all taxes and assessments made under the laws of such State. Fourth. Wages due to any operative, clerk, or house servant, to an amount not exceeding fifty dollars for labor performed within six months next preceding the first publication of the notice of proceedings in bank- ruptcy. Fitfh. All debts due to any persons who, by the laws of the United States, are or may be entitled to a priority or preference, in like man- ner as if this act had not been passed: Always provided, That nothing contained in this act shall interfere with the assessment and collection of taxes by the authority of the United States or any State. OF THE BANKRUPT'S DISCHARGE AND ITS EFFECT. SEC. 29. And be it further enacted, That at any time after the expira- tion of six months from the adjudication of bankruptcy, or if no debts have been proved against the bankrupt, or if no assets have come to the hands of the assignee, at any time after the expiration of sixty days, and within one year from the adjudication of bankruptcy, the bank- rupt may apply to the court for a discharge from his debts, and the court shall thereupon order notice to be given by mail to all creditors who have proved their debts, and by publication at least once a week in such newspapers as the court shall designate, due regard being had to the general circulation of the same in the district, or in that portion of the district in which the bankrupt and his creditors shall reside, to ap- pear on a day appointed for that purpose, and show cause why a dis- charge should not be granted to the bankrupt. No discharge shall be granted, or, if granted, be valid, if the bankrupt has wilfully sworn falsely in his affidavit annexed to his petition, schedule, or inventory, or upon any examination in the course of the proceedings in bankruptcy, in relation to any material fact concerning his estate or his debts, or to any other material fact; or if he has concealed any part of his estate or effects, or any books or writings relating thereto, or if he has been guilty of any fraud or negligence in the care, custody, or delivery to the assignee of the property belonging to him at the time of the presentation of his petition and inven- tory, excepting such property as he is permitted to retain under the pro- visions of this act, or if he has caused, permitted, or suffered any loss, waste, or destruction thereof; or if, within four months before the com- mencement of such proceedings, he has procured his lands, goods, money, 476 FORMER BANKRUPTCY ACTS. or chattels to be attached, sequestered, or seized on execution; or if, since the passage of this act, he has destroyed, mutilated, altered, or falsi- fied any of his books, documents, papers, writings, or securities, or has made or been privy to the making of any false or fraudulent entry in any book of account or other document, with intent to defraud his credi- tors; or has removed or caused to be removed any part of his property from the district, with intent to defraud his creditors; or if he has given any fraudulent preference contrary to the provisions of this act, or made any fraudulent payment, gift, transfer, conveyance, or assignment of any part of his property, or has lost any part thereof in gaming, or has ad- mitted a false or fictitious debt against his estate; or if, having knowl- edge that any person has proved such false or fictitious debt, he has not disclosed the same to his assignee within one month after such knowl- edge; or if, being a merchant or tradesman, he has not, subsequently to the passage of this act, kept proper books of account; or if he, or any person in his behalf, has procured the assent of any creditor to the dis- charge, or influenced the action of any creditor at any stage of the pro- ceedings, by any pecuniary consideration or obligation; or if he has, in contemplation of becoming bankrupt, made any pledge, payment, transfer, assignment, or conveyance of any part of his property, directly or in- directly, absolutely or conditionally, for the purpose of preferring any creditor or person having a claim against him, or who is or may be under liability for him, or for the purpose of preventing the property from coming into the hands of the assignee, or of being distributed under this act in satisfaction of his debts; or if he has been convicted of any mis- demeanor under this act, or has been guilty of any fraud whatever con- trary to the true intent of this act; and before any discharge is granted, the bankrupt shall take and subscribe an oath to the effect that he has not done, suffered, or been privy to any act, matter, or thing specified in this act as a ground for withholding such discharge, or as invalidating such discharge if granted. SEC. 30. And be it further enacted, That no person who shall have been discharged under this act, and shall afterwards become bankrupt, on his own application shall be again entitled to a discharge, whose estate is insufficient to pay seventy per centum of the debts proved against it, unless the assent in writing of three-fourths in value of his creditors who have proved their claims is filed at or before the time of application for discharge. But a bankrupt who shall prove to the satisfaction of the court that he has paid all the debts owing by him at the time of any previous bankruptcy, or who has been voluntarily released therefrom by his creditors, shall be entitled to a discharge in the same manner and with the same effect as if he had not previously been bankrupt. SEC 31. 'And be it further enacted, That any creditor opposing the FORMER BANKRUPTCY ACTS. 477 discharge of any bankrupt may file a specification in writing of the grounds of his opposition, and the court may in its discretion order any question of fact so presented to be tried at a stated session of the district court. SEC 32. And be it further enacted, That if it shall appear to the court that the bankrupt has in all things conformed to his duty under this act, and that he is entitled, under the provisions thereof, to receive a discharge, the court shall grant him a discharge from all his debts except as hereinafter provided, and shall give him a certificate thereof under the seal of the court, in substance as follows : District court of the United States, District of Whereas has been duly adjudged a bankrupt under the act af Congress establishing a uniform system of bankruptcy throughout the United States, and appears to have conformed to all the requirements of law in that behalf, it is therefore ordered by the court that said be forever discharged from all debts and claims which by said act are made provable against his estate, and which existed on the day of ,on which day the petition for adjudication was filed by (or against) him; excepting such debts, if any, as are by said act excepted from the operation of a discharge in bankruptcy. Given under my hand and the seal of the court at , in the said district, this day of . A. D. [Seal.] , Judge. SEC. 33. And be it further enacted, That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act; but the debt may be proved, and the dividend thereon shall be a payment on account of said debt; and no discharge granted under this act shall release, discharge or affect any person liable for the same debt for or with the bankrupt, either as partner, joint contractor, indorser, surety, or otherwise. And in all proceedings in bankruptcy com- menced after one year from the time this act shall go into operation, no discharge shall be granted to a debtor whose assets do not pay fifty per centum of the claims against his estate, unless the assent in writing of a majority in number and value of his creditors who have proved their claims is filed in the case at or before the time of application for dis- charge. SEC. 34. And be it further enacted, That a discharge duly granted under this act shall, with the exceptions aforesaid, release the bankrupt from all debts, claims, liabilities, and demands which were or might have been proved against his estate in bankruptcy, and may be pleaded, by a simple averment that on the day of its date such discharge was granted to him, setting the same forth in haec verba. as a full and complete bar to all suits brought on any such debts, claims, liabilities, or demands, 478 FORMER BANKRUPTCY ACTS. and the certificate shall be conclusive evidence in favor of such bankrupt of the fact and the regularity of such discharge: Always provided, That any creditor or creditors of said bankrupt, whose debt was proved or provable against the estate in bankruptcy, who shall see fit to contest the validity of said discharge on the ground that it was fraudulently obtained, may, at any time within two years after the date' thereof, apply to the court which granted it to set aside and annul the same. Said ap- plication shall be in writing, shall specify which, in particular, of the several acts mentioned in section twenty-nine it is intended to give evi- dence of against the bankrupt, setting forth the grounds of avoidance, and no evidence shall be admitted as to any other of the said acts; but said application shall be subject to amendment at the discretion of the court. The court shall cause reasonable notice of said application to be given to said bankrupt, and order him to appear and answer the same, within such time as to the court shall seem fit and proper. If, upon the hearing of said parties, the court shall find that the fraudulent acts, or any of them, set forth as aforesaid by said creditor or creditors against the bankrupt are proved, and that said creditor or creditors had no knowledge of the same until after the granting of said discharge, judg- ment shall be given in favor of said creditor or creditors, and the dis- charge of said bankrupt shall be set aside and annulled. But if said court shall find that said fraudulent acts, and all of them, set forth as aforesaid, are not proved, or that they were known to said creditor or creditors before the granting of said discharge, then judgment shall be rendered in favor of the bankrupt, and the validity of his discharge shall not be affected by said proceedings. PREFERENCES AND FRAUDULENT CONVEYANCES DECLARED VOID. SEC 35. And be it further enacted, That if any person, being in- solvent, or in contemplation of insolvency, within four months before the filing of the petition by or against him, with a view to give a prefer- ence to any creditor or person having a claim against him, or who is under any liability for him, procures any part of his property to be at- tached, sequestered, or seized on execution, or makes any payment, pledge, assignment, transfer, or conveyance of any part of his property either directly or indirectly, absolutely or conditionally, the person re- ceiving such payment, pledge, assignment, transfer or conveyance, or to be benefited thereby, or by such attachment, having reasonable cause to believe such person is insolvent, and that such attachment, payment, pledge, assignment, or conveyance is made in fraud of the provisions of this act, the same shall be void, and the assignee may recover the prop- erty, or the value of it, from the person so receiving it, or so to be bene- fited; and il any person being insolvent, or in contemplation of insol- vency or bankruptcy, within six months before the filing of the petition FORMER BANKRUPTCY ACTS. 479 by or against him, makes any payment, sale, assignment, transfer, con- veyance, or other disposition of any part of his property to any person who then has reasonable cause to believe him to be insolvent, or to be acting in ccntemplation of insolvency, and that such payment, sale, as- signment, transfer, or other conveyance, is made with a view to prevent his ptcperty from coming to his assignee in bankruptcy, or to prevent the same from being distributed under this act, or to defeat the object of, or in any way impair, hinder, impede or delay the operation and effect of, or to evade any of the provisions of this act, the sale, assignment, transfer, or conveyance shall be void, and the assignee may recover the property, or the value thereof, as assets of the bankrupt. And if such sale, assignment, transfer, or conveyance is not made in the usual and ordinary course of business of the debtor, the fact shall be prima facie evidence of fraud. Any contract, covenant, or security made or given by a bankrupt or other person with, or in trust for, any creditor for securing the payment of any money as a consideration for or with intent to in- duce the creditor to forbear opposing the application for discharge of the bankrupt shall be void; and if any creditor shall obtain any sum of money or other goods, chattels, or security from any person as an induce- ment for forbearing to oppose, or consenting to such application for discharge, every creditor so offending shall forfeit all right to any share or dividend in the estate of the bankrupt, and shall also forfeit double the value or amount of such money, goods, chattels, or security so ob- tained, to be recovered by the assignee for the benefit of the estate. BANKRUPTCY OF PARTNERSHIPS AND OF CORPORATIONS. SEC. 36. And be it further enacted, That where two or more persons who are partners in trade shall be adjudged bankrupt, either on the peti- tion of such partners or any one of them, or on the petition of any creditor of the partners, a warrant shall issue in the manner provided by this act, upon which all the joint stock and property of the copartnership, and also all the separate estate of each of the partners, shall be taken, excepting such parts thereof as are hereinbefore excepted; and all the creditors of the company, and the separate creditors of each partner, shall be allowed to prove their respective debts ; and the assignee shall be chosen by the creditors of the company, and shall also keep separate accounts of the joint stock or property of the copartnership and of the separate estate of each member thereof; and after deducting out of the whole amount received by such assignee the whole of the expenses and disbursements, the net proceeds of the joint stock shall be appropriated to pay the credi- tors of the copartnership, and the net proceeds of the separate estate of each partner shall be appropriated to pay his separate creditors; and if there shall be any balance of the separate estate of any partner, after the pajmen'; of his separate debts, such balance shall be added to the joint 480 FORMER BANKRUPTCY ACTS. stock for the payment of the joint creditors; and if there shall be any bal- ance of the joint stock after payment of the joint debts, such balance shall be divided and appropriated to and among the separate estates of the several partners, according to their respective right and interest therein, and as it would have been if the partnership had been dissolved without any bankruptcy; and the sum so appropriated to the separate estate of each partner shall be applied to the payment of his separate debts; and the certificate of discharge shall be granted or refused to each partner as the same would or ought to be if the proceedings had been against him alone under this act ; and in all other respects the proceedings against partners shall be conducted in the like manner as if they had been com- menced and prosecuted against one person alone. If such copartners re- side in different districts, that court in which the petition is first filed shall retain exclusive jurisdiction over the case. SEC 37. And be it further enacted, That the provisions of this act shall apply to all moneyed, business, or commercial corporations and joint-stock companies, and that upon the petition of any officer of any such corporation or company, duly 'authorized by a vote of a majority of the corporators present at any legal meeting called for the purpose, or upon the petition of any creditor or creditors of such corporation or company, made and presented in the manner hereinafter provided in respect to debtors, the like proceedings shall be had and taken as are hereinafter provided in the case of debtors; and all the provisions of this act which apply to the debtor, or set forth his duties in regard to furnishing schedules and inventories, executing papers, submitting to ex- aminations, disclosing, making over, secreting, concealing, conveying, as- signing, or paying away his money or property, shall in like manner, and with like force, effect and penalties, apply to each and every officer of such corporation or company in relation to the same matters concerning the corporation or company, and the money and property thereof. All payments, conveyances, and assignments declared fraudulent and void by this act when made by a debtor, shall in like manner, and to the like extent, and with like remedies, be fraudulent and void when made by a corporation or company. No allowance or discharge shall be granted to any corporation or joint-stock company, or to any person or officer or member thereof: Provided, That whenever any corporation by pro- ceedings under this act shall be declared bankrupt, all his property and assets shall be distributed to the creditors of such corporation in the manner provided in this act in ; respect to natural persons. OF DATES AND DEPOSITIONS. SEC. 38. 'And be it further enacted, That the filing of a petition for adjudication in bankruptcy, either by a debtor in his own behalf, or by any creditor against a debtor, upon which an order may be issued by FORMER BANKRUPTCY ACTS. 481 the court, or by a register in the manner provided in section four, shall be deemed and taken to be the commencement of proceedings in bank- ruptcy under this act; the proceedings in all cases in bankruptcy shall be deemed matters of record, but the same shall not be required to be recorded at large, but shall be carefully filed, kept, and numbered in the office of the clerk of the court, and a docket only, or short memorandum thereof, kept in books to be provided for that purpose which shall be open to public inspection. Copies of such records, duly certified under the seal of the court, shall in all cases be prima facie evidence of the facts therein stated.* Evidence or examinations in any of the proceedings under this act may be taken before the court, or a register in bank- ruptcy, viva voce, or in writing, before a commissioner of the circuit court, or by affidavit, or on commission, and the court may direct a reference to a register in bankruptcy, or other suitable person, to take and certify such examination, and may compel the attendance of wit- nesses, the production of books and papers, and the giving of testimony, in the same manner as in suits in equity in the circuit court. INVOLUNTARY BANKRUPTCY. SEC. 39. And be it further enacted, That any person residing and owing debts as aforesaid, who, after the passage of this act, shall depart from the State, District, or Territory, of which he is an inhabitant, with intent to defraud his creditors, or, being absent, shall, with such intent, remain absent; or shall conceal himself to avoid the service of legal process in any action for the recovery of a debt or demand provable un- der this act ; or shall conceal or remove any of his property to avoid its being attached, taken, or sequestered on legal process; or shall make any assignment, gift, sale, conveyance or transfer of his estate, property, rights, or credits, either within the United States or elsewhere, with in- tent to delay, defraud, or hinder his creditors; or who has been ar- rested and held in custody under or by virtue of mesne process of exe- cution, issued out of any court of any State, District, or Territory, within which such debtor resides or has property, founded upon a demand in its nature provable against a bankrupt's estate under this act, and for a sum exceeding one hundred dollars, and such process is remaining in force and not discharged by payment, or in any other manner provided by the law of such State, District, or Territory applicable thereto, for a period of seven days; or has been actually imprisoned for more than seven days in a civil action, founded on contract, for the sum of one hundred dollars or upwards; or who, being bankrupt or insolvent, or in contemplation of bankruptcy or insolvency, shall make any payment, gift, grant, sale, conveyance or transfer of money, or other property, es- tate, rights or credits, or give any warrant to confess judgment, or procure or suffer his property to be taken on legal process, with intent to 482 FORMER BANKRUPTCY ACTS. give a preference to one or more of his creditors, or to any person or persons who are or may be liable for him as indorsers, bail, sureties, or otherwise, or with the intent, by such disposition of his property, to defeat or delay the operation of this act; or who, being a banker, mer- chant, or trader, has fraudulently stopped or suspended and not resumed payment of his commercial paper, within a period of fourteen days, shall be deemed to have committed an act of bankruptcy, and, subject to the conditions hereinafter prescribed, shall be adjudged a bankrupt, on the petition of one or more of his creditors, the aggregate of whose debts provable under this act amount to at least two hundred and fifty dollars, provided such petition is brought within six months after the act of bank- ruptcy shall have been committed. And if such person shall be adjudged a bankrupt, the assignee may recover back the money or other property so paid, conveyed, sold, assigned, or transferred contrary to this act, provided the person receiving such payment or conveyance had reasonable cause to believe that a fraud on this act was intended, or that the debtor was insolvent, and such creditor shall not be allowed to prove his debt in bankruptcy. SEC 40. And be it further enacted, That upon the filing of the peti- tion authorized by the next preceding section, if it shall appear that suf- ficient grounds exist therefor, the court shall direct the entry of an order requiring the debtor to appear and show cause, at a court of bankruptcy to be holden at a time to be specified in the order, not less than five days from the service thereof why the prayer of the petition should not be granted; and may also, by its injunction, restrain the Debtor, and any other person, in the mean time, from making any transfer or disposition of any part of the debtor's property not excepted by this act from the operation thereof and from any interference therewith; and if it shall appear that there is probable cause for believing that the debtor is about to leave the district, or to remove or conceal his goods and chattels or his evidence of property, or make any fraudulent conveyance or dispo- sition thereof, the court may issue a warrant to the marshal of the dis- trict, commanding him to arrest the alleged bankrupt and him safely keep, unless he shall give bail to the satisfaction of the court for his ap- pearance from time to time, as required by the court, until the decision of the court upon the petition or the further order of the court, and forth- with to take possession provisionally of all the property and effects of the debtor, and safely keep the same until the further order of the court. A copy of the petition and of such order to show cause shall be served on such debtor by delivering the same to him personally, or leaving the same at his last or usual place of abode; or, if such debtor cannot be found, or his place of residence ascertained, service shall be made by publication, in such manner as the judge may direct. No further proceedings, un- less the debtor appear and consent thereto, shall be had until proof FORMER BANKRUPTCY ACTS. 483 shall have been given, to the satisfaction of the court, of such service or publication ; and if such proof be not given on the return day of such order, the proceedings shall be adjourned and an order made that the notice be forthwith so served or published. SEC. 41. And be it further enacted, That on such return day or ad- journed day, if the notice has been duly served or published, or shall be waived by the appearance and consent of the debtor, the court shall pro- ceed summarily to hear the allegations of the petitioner and debtor, and may adjourn the proceedings from time to time, on good cause shown, and shall, if the debtor on the same day so demand in writing, order a trial by jury at the first term of the court at which a jury shall be in attendance, to ascertain the fact of such alleged bankruptcy; and if, upon such hearing or trial, the debtor proves to the satisfaction of the court or of the jury, as the case may be, that the facts set forth in the petition are not true, or that the debtor has paid and satisfied all liens upon his property in case the existence of such liens were the sole ground of the proceeding, the proceedings shall be dismissed and the respondent shall recover costs. SEC 42. And be it further enacted, That if the facts set forth in the petition are found to be true, or if default be made by the debtor to ap- pear pursuant to the order, upon due proof of service thereof being made, the court shall adjudge the debtor to be a bankrupt, and, as such, sub- ject to the provisions of this act, and shall forthwith issue a warrant to take possession of the estate of the debtor. The warrant shall be di- rected, and the property of the debtor shall be taken thereon, and shall be assigned and distributed in the same manner and with similar pro- ceedings to those hereinbefore provided for the taking possession, as- signment, and distribution of the property of the debtor upon his own petition. The order of adjudication of bankruptcy shall require the bank- rupt forthwith, or within such number of days, not exceeding five after the date of the order or notice thereof, as shall by the order be pre- scribed, to make and deliver, or transmit by mail, post paid, to the mes- senger, a schedule of the creditors and an inventory of his estate in the form and verified in the manner required of a petitioning debtor by sec- tion thirteen. If the debtor has failed to appear in person, or by at- torney, a certified copy of the adjudication shall be forthwith served on him by delivery or publication in the manner hereinbefore provided for the sen-ice of the order to show cause ; and if the bankrupt is absent or cannot be found, such schedule and inventory shall be prepared by the messenger and the assignee from the best information they can obtain. If the petitioning creditor shall not appear and proceed on the return day, or adjourned day, the court may, upon the petition of any other creditor, to the required amount, proceed to adjudicate on such petition, without requiring a new service or publication of notice to the debtor. 484 FORMER BANKRUPTCY ACTS. OF SUPERSEDING THE BANKRUPT PROCEEDINGS BY ARRANGEMENT. SEC 43. And be it further enacted, That if at the first meeting of creditors, or at any meeting of creditors to be specially called for that purpose, and of which previous notice shall have been given for such length of time and in such manner as the court may direct, three-fourths in value of the creditors whose claims have been proved shall determine and resolve that it is for the interest of the general body of the creditors that the estate of the bankrupt should be wound up and settled, and dis- tribution made among the creditors by trustees, under the inspection and direction of a committee of the creditors, it shall be lawful for the credi- tors to certify and report such resolution to the court, and to nominate one or more trustees to take and hold and distribute the estate, under the direction of such committee. If it shall appear to the court, after hearing the bankrupt and such creditors as may desire to be heard, that the resolution was duly passed and that the interests of the creditors will be promoted thereby, it shall confirm the same; and upon the execu- tion and filing by or on behalf of three-fourths in value of all the credi- tors whose claims have been proved of a consent that the estate of the bankrupt be wound up and settled by said trustees according to the terms of such resolution, the bankrupt, or his assignee in bankruptcy, if ap- pointed, as the case may be, shall, under the direction of the court, and under oath, convey, transfer, and deliver all the property and estate of the bankrupt to the said trustee or trustees, who shall, upon such con- veyance and transfer, have and hold the same in the same manner, and with the same powers and rights, in all respects, as the bankrupt would have had or held the same if no proceedings in bankruptcy had been taken, or as the assignee in bankruptcy would have done had such reso- lution not been passed; and such consent and the proceedings thereunder shall be as binding in all respects on any creditor whose debt is prov- able, who has not signed the same, as if he had signed it, and on any creditor, whose debt, if provable, is not proved, as if he had proved it; and the court, by order, shall direct all acts and things needful to be done to carry into effect such resolution of the creditors, and the said trustees shall proceed to wind up and settle the estate under the di- rection and inspection of such committee of the creditors, for the equal benefit of all such creditors, and the winding up and settlement of any estate under the provisions of this section shall be deemed to be pro- ceedings in bankruptcy under this act; and the said trustees shall have all the rights and powers of assignees in bankruptcy. The court, on the application of such trustees, shall have power to summon and examine, on oath or otherwise, the bankrupt, and any creditor, and any person indebted to the estate, or known or suspected of having any of the es- tate in his possession, or any other person whose examination may be material or necessary to aid the trustees in the execution of their trust, FORMER BANKRUPTCY ACTS. 485 and to compel the attendance of such persons and the production of books and papers in the same manner as in other proceedings in bankruptcy under this act; and the bankrupt shall have the like right to apply for and obtain a discharge after the passage of such resolution and the ap- pointment of such trustees as if such resolution had not been passed, and as if all the proceedings had continued in the manner provided in the preceding sections of this act. If the resolution shall not be duly reported, or the consent of the creditors shall not be duly filed, or if, upon its filing, the court shall not think fit to approve thereof, the bank- ruptcy shall proceed as though no resolution had been passed, and the court may make all necessary orders for resuming the proceedings. And the period of time which shall have elapsed between the date of the resolution and the date of the order for resuming proceedings shall not be reckoned in calculating periods of time prescribed by this act. PENALTIES AGAINST BANKRUPTS. SEC 44. 'And be it further enacted, That from and after the passage of this act, if any debtor or bankrupt shall, after the commencement of proceedings in bankruptcy, secrete or conceal any property belonging to his estate, or part with, conceal, or destroy, alter, mutilate, or falsify, or cause to be concealed, destroyed, altered, mutilated, or falsified, any book, deed, document, or writing relating thereto, or remove, or cause to be removed, the same or any part thereof, out of the district, or other- wise dispose of any part thereof, with intent to prevent it from com- ing into the possession of the assignee in bankruptcy, or to hinder, im- pede, or delay either of them in recovering or receiving the same, or make any payment, gift, sale, assignment, transfer, or conveyance of any property belonging to his estate with the like intent, or spends any part thereof in gaming; or shall, with intent to defraud, wilfully and fraudu- lently conceal from his assignee or omit from his schedule any property or effects whatsoever; or if, in case of any person having, to his knowl- edge or belief, proved a false or fictitious debt against his estate, he shall fail to disclose the same to his assignee within one month after coming to the knowledge or belief thereof, or shall attempt to account for any of his property by fictitious losses or expenses; or shall, within three months before the commencement of proceedings in bankruptcy, under the false color and pretense of carrying on business and dealing in the ordinary course of trade, obtain on credit from any person any goods or chattels with intent to defraud; or shall, with intent to defraud his creditors, within three months next before the commencement of pro- ceedings in bankruptcy, pawn, pledge, or dispose of, otherwise than by bona fide transactions in the ordinary way of his trade, any of his goods or chattels which have been obtained on credit and remain unpaid for, he shall be deemed guilty of a misdemeanor, and upon conviction thereof 486 FORMER BANKRUPTCY ACTS. in any court of the United States, shall be punished by imprisonment, with or without hard labor, for a term not exceeding three years. PENALTIES AGAINST OFFICERS. SEC 45. 'And be it further enacted, That if any judge, register, clerk, marshal, messenger, assignee, or any other officer of the several courts of bankruptcy, shall, for anything done or pretended to be done under this act, or under color of doing anything thereunder, wilfully demand or take, or appoint or allow any person whatever to take for him or on his account, or for or on account of any other person, or in trust for him or for any other person, any fee, emolument, gratuity, sum of money, or anything of value whatever, other than is allowed by this act, or which shall be allowed under the authority thereof, such person, when convicted thereof, shall forfeit and pay the sum of not less than three hundred dol- lars and not exceeding five hundred dollars, and be imprisoned not ex- ceeding three years. SEC. 46. And be it further enacted, That if any person shall forge the signature of a judge, register, or other officer of the court, or shall forge or counterfeit the seal of the court, or knowingly concur in using any such forged or counterfeit signature or seal, for the purpose of au- thenticating any proceeding or document, or shall tender in evidence any such proceeding or document with a false or counterfeit signature of any such judge, register, or other officer, or a false or counterfeit seal of the court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, any such person shall be guilty of felony, and upon conviction thereof shall be liable to fine of not less than five hun- dred dollars, and not more than five thousand dollars, and to be impris- oned not exceeding five years, at the discretion of the court. FEES AND COSTS. SEC 47. And be it further enacted, That in each case there shall be allowed and paid, in addition to the fees of the clerk of the court as now established by law, or as may be established by general order, un- der the provisions of this act, for fees in bankruptcy, the following fees, which shall be applied to the payment for the services of the registers: For issuing every warrant, two dollars. For each day in which a meeting is held, three dollars. For each order for a dividend, three dollars. For every order substituting an arrangement by trust deed for bank- ruptcy, two dollars. For every bond with sureties, two dollars. For every application for any meeting in any matter under this act, one dollar. FORMER BANKRUPTCY ACTS. 487 For every day's service while actually employed under a special order of the court, a sum not exceeding five dollars, to be allowed by the court. For taking depositions, the fees now allowed by law. For every discharge when there is no opposition, two dollars. Such fees shall have priority of payment over all other claims out of the estate, and before a warrant issues the petitioner shall deposit with the senior register of the court, or with the clerk, to be delivered to the register, fifty dollars as security for the payment thereof; and if there are not sufficient assets for the payment of the fees, the person upon whose petition the warrant is issued shall pay the same, and the court may issue an execution against him to compel payment to the register. Before any dividend is ordered the assignee shall pay out of the es- tale to the messenger the following fees, and no more: First. For service of warrant, two dollars. Second. For all necessary travel, at the rate of five cents a mile, each way. Third. For each written note to creditor named in the schedule, ten cents. Fourth. For custody of property, publication of notices, and other services, his actual and necessary expenses upon returning the same in specific items, and making oath that they have been actually incurred and paid by him, and are just and reasonable, the same to be taxed or ad- justed by the court, and the oath of the messenger shall not be conclusive as to the necessity of said expenses. For cause shown, and upon hearing thereon, such further allowance may be made as the court, in its discretion, may determine. The enumeration of the foregoing fees shall not prevent the judges, who shall frame general rules and orders *in accordance with the provis- ions of section ten, from prescribing a tariff of fees for all other services of the officers of courts of bankruptcy, or from reducing the fees pre- scribed in this section in classes of cases to be named in their rules and orders. OF MEANING OF TERMS AND COMPUTATION OF TIME. SEC 48. 'And be it further enacted, That the word "assignee" and the word "creditor" shall include the plural also; and the word "mes- senger" shall include his assistant or assistants, except in the provision for the fees of that officer. The word "marshal" shall include the mar- shal's deputies, the word "person" shall also include "corporation," and the word "oath" shall include "affirmation." And in all cases in which 488 FORMER BANKRUPTCY ACTS. any particular number of days is prescribed by this act, or shall be men- tioned in any rule or order of court or general order which shall at any time be made under this act, for the doing of any act, or for any other purpose, the same shall be reckoned, in the absence of any expression to the contrary, exclusive of the first and inclusive of the last day, unless the last day, shall fall on a Sunday, Christmas day, or on any day ap- pointed by the President of the United States as a day of public fast or thanksgiving, or on the fourth of July, in which case the time shall be reckoned exclusive of that day also. SEC 49. And be it further enacted, That all the jurisdiction, power, and authority conferred upon and vested in the district court of the United States by this act in cases in bankruptcy are hereby conferred upon and vested in the supreme court of the District of Columbia, and in and upon the supreme courts of the several Territories of the United States, when the bankrupt resides in the said District of Columbia or in either of the said Territories. And in those judicial districts which are not within any organized circuit of the United States the power and jurisdiction of a circuit court in bankruptcy may be exercised by the district judge. SEC. 50. And be it further enacted, That this act shall commence and take effect, as to the appointment of the officers created hereby and the promulgation of rules and general orders, from and after the date of its approval : Provided, That no petition or other proceeding under this act shall be filed, received, or commenced before the first day of June, anno Domini eighteen hundred and sixty-seven. AMENDMENT OF JULY 27th, 1868. AN ACT in amendment of an act entitled "An act to establish a uniform system of bankruptcy throughout the United States," approved March second, eighteen hundred and sixty-seven. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of second clause of the thirty-third section of said act shall not apply to the cases of proceedings in bankrup[t]cy commenced prior to the first day of January, eighteen hundred and sixty-nine, and the time during which the operation of the provisions of said clause is postponed shall be extended until said first day of January, eighteen hundred and sixty- nine. And said clause is hereby so amended as to read as follows: In all proceedings in bankruptcy commenced after the first day of January, eighteen hundred and sixty-nine, no discharge shall be granted to a debtor whose assets shall not be equal to fifty per centum of the claims proved against his estate upon which he shall be liable as the principal FORMER BANKRUPTCY ACTS. 489 debtor, unless the assent in writing of a majority in number and value of his creditors to whom he shall have become liable as principal debtor, and who shall have proved their claims, be filed in the case at or before the time of the hearing of the application for discharge. SEC. 2. And be it further enacted, That said act be further amended as follows : The phrase "presented or defended" in the fourteenth sec- tion of said act shall read "prosecuted or defended;" the phrase "non- resident debtors" in line five, section twenty-two, of the act as printed in the Statutes at Large, shall read "non-resident creditors;" that the word "or" in the next to the last line of the thirty-ninth section of the act shall read "and;" that the phrase "section thirteen" in the forty-sec- ond section of said act shall read "section eleven;" and the phrase "or spends any part thereof in gaming" in the forty-fourth section of said act shall read "or shall spend any part thereof in gaming;" and that the words "with the senior register, or" and the phrase "to be delivered to the register" in the forty-seventh section of said act be stricken out. SEC. 3. 'And be it further enacted, That registers in bankruptcy shall have power to administer oaths in all cases and in relation to all matters in which oaths may be administered by commissioners of the circuit courts of the United States, and such commissioners may take proof of debts in bankruptcy in all cases, subject to the revision of such proofs by the register and by the court according to the provisions of said act AMENDMENT OF JUNE 30th, 1870. AN ACT to amend an act entitled "An act to establish a uniform sys- tem of bankruptcy throughout the United States," approved March 2, 1867. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the jurisdiction conferred upon the supreme courts of the Territories by the act to which this is in amendment may be exercised, upon petitions regularly filed in that court, by either of the justices thereof while holding the district court in the district in which the petitioner or the alleged bankrupt re- sides, and said several supreme courts shall have the same supervisory jurisdiction over all acts and decisions of each justice thereof as is con- ferred upon the circuit courts of the United States over proceedings in the district courts of the United States by the second section of said act. SEC 2. And be it further enacted, That in case of a vacancy in the office of district judge in any district, or in case any district judge shall, from sickness, absence, or other disability, be unable to act, the circuit judge of the circuit in which such district in included may make, during such disability or vacancy, all necessary rules and orders preparatory to 490 FORMER BANKRUPTCY ACTS. the final hearing of all causes in bankruptcy, and cause the same to be entered or issued, as the case may require, by the clerk of the district court. AMENDMENT OF JULY 14th, 1870. AN ACT in amendment of the act entitled "An act establishing an uni- form system of bankruptcy throughout the United States." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the second clause of the thirty-third section of said act, as amended by the first section of an act in amendment thereof, approved July twenty- seven, eighteen hundred and sixty-eight, shall not apply to those debts from which the bankrupt seeks a discharge which were contracted prior to the first day of January, eighteen hundred and sixty-nine. SEC. 2. 'And be it further enacted, That the clause in the thirty-ninth section of said act which now reads "or who, being a banker, merchant, or trader, has fraudulently stopped or suspended and not resumed pay- ment of his commerical paper within a period of fourteen days," shall be amended so as to read as follows: "or who, being a banker, broker, merchant, trader, manufacturer, or miner, has fraudulently stopped pay- ment, or who has stopped or suspended and not resumed payment of his commercial paper within a period of fourteen days." 1. AMENDMENTS OF JUNE 8th, 1872. AN ACT to amend an act entitled "An act to establish a uniform system of bankruptcy throughout the United States." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first proviso in section fourteen of an act approved March second, eighteen hundred and sixty-seven, entitled "An act to establish a uniform system of bank- ruptcy throughout the United States," be amended by striking out the words "eighteen hundred and sixty-four," and inserting in lieu thereof "eighteen hundred and seventy-one." 2. AN ACT to declare the true intent and meaning of section two of an act entitled "An act to establish a uniform system of bankruptcy throughout the United States," approved March two, eighteen hun- dred and sixty-seven. Be it enacted by the Senate and House of Representatives of the United FORMER BANKRUPTCY ACTS. 491 States of America in Congress assembled, That the powers and jurisdic- tion granted to the several circuit courts of the United States, or any justice thereof, by section two of an act entitled "An act to establish a uniform system of bankruptcy throughout the United States," approved March second, eighteen hundred and sixty-seven, may be exercised in any district in which the powers or jurisdiction of a circuit court have been or may be conferred on the district court for such district, as if no such powers or jurisdiction had been conferred on such district court; it being the true intent and meaning of said act that the system of bankruptcy thereby established shall be uniform throughout the United States. AMENDMENT OF FEBRUARY 13th, 1873. AN ACT to amend an act entitled "An act to establish a uniform system of bankruptcy throughout the United States," approved March second, eighteen hundred and sixty-seven. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever a corporation created by the laws of any State, whose business is carried on wholly within the State creating the same, and also any insurance company so created, whether all its business shall be carried on in such State or not, has had proceedings duly commenced against such corporation or com- pany before the courts of such State for the purpose of winding up the affairs of such corporation or company and dividing its assets ratably among its creditors and lawfully among those entitled thereto prior to proceedings having been commenced against such corporation or com- pany undo- the bankrupt laws of the United States, any order made, or that shall be made, by such court agreeably to the State law for the ratable distribution or payment of any dividend of assets. to the cred- itors of such corporation or company while such State court shall remain actually or constructively in possession or control of the assets of such corporation or company shall be deemed valid notwithstanding proceed- ings in bankruptcy may have been commenced and be pending against such corporation or company. AMENDMENT OF MARCH 3rd, 1873. AN ACT to declare the true intent and meaning of the act approved June eight, eighteen hundred and seventy-two, amendatory of the general bankrupt law. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it was the true intent and meaning of an act approved June eighth, eighteen hundred and seventy- 492 FORMER BANKRUPTCY ACTS. two, entitled "An act to amend an act entitled 'An act to establish a uniform system of bankruptcy throughout the United States,' approved March second, eighteen hundred and sixty-seven," that the exemptions allowed the bankrupt by the said amendatory act should, and it is hereby enacted that they shall, be the amount allowed by the constitution and laws of each State, respectively, as existing in the year eighteen hun- dred and seventy-one; and that such exemptions be valid against debts contracted before the adoption and passage of such State constitution and laws, as well as those contracted after the same, and against liens by judgment or decree of any State court, any decision of any such court rendered since the adoption and passage of such constitution *nd laws to the contrary notwithstanding. AMENDMENT OF JUNE 22nd 1874. AN ACT to amend and supplement an act entitled "An act to establish a uniform system of bankruptcy throughout the United States," ap- proved March second, eighteen hundred and sixty-seven, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An act to establish a uniform system of bankruptcy throughout the United States," approved March second, eighteen hundred and sixty-seven, be and the same is hereby, amended and supplemented as follows: That the court may, in its discretion, on sufficient cause shown, and upon notice and hearing, direct the receiver or assignee to take possession of the property, and carry on the business of the debtor, or any part thereof, under the direction of the court, when, in its judgment, the interest of th: estate as well as of the creditors will be promoted thereby, but not for a period exceeding nine months from the time the debtor shall have been declared a bankrupt: Provided, That such order shall not be made until the court shall be satisfied that it is approved by a majority in value of the creditors. SEC 2. That section one of said act be, and it is hereby, amended by adding thereto the following words: "Provided, That the court having charge of the estate of any bankrupt may direct that any of the legal assets or debts of the bankrupt, as contradistinguished from equitable demands, shall, when such debt does not exceed five hundred dollars, be collected in the courts of the State where such bankrupt resides having jurisdiction of claims of such nature and amount." SEC. 3. That section two of said act be, and it hereby is, amended by striking out, in line ten, the words "the same," and inserting the word FORMER BANKRUPTCY ACTS. 493 "any"; and by adding next after the words "adverse interest," in line twelve, the words "or owing any debt to such bankrupt." SEC. 4. That unless otherwise ordered by the court, the assignee shall sell the property of the bankrupt, whether real or personal, at public auction, in such parts or parcels and at such times and places as shall be best calculated to produce the greatest amount with the least expense. All notices of public sales under this act by any assignee or officer of the court shall be published once a week for three consecu- tive weeks in the newspaper or newspapers, to be designated by the judge, which, in his opinion, shall be best calculated to give general notice of the sale. And the court, on the application of any party in interest, shall have complete supervisory power over such sales, includ- ing the power to set aside the same and to order a re-sale, so that the property sold shall realize the largest sum. And the court may, in its discretion, order any real estate of the bankrupt, or any part thereof, to be sold for one-fourth cash at the time of sale, and the residue within eighteen months in such installments as the court may direct, bearing interest at the rate of seven per centum per annum, and secured by proper mortgage or lien upon the property so sold. And it shall be the duty of every assignee to keep a regular account of all moneys received or expended by him as such assignee, to which account every creditor shall, at reasonable times, have free access. If any assignee shall fail or neglect to well and faithfully discharge his duties in the sale or dis- position of property as above contemplated, it shall be the duty of the court to remove such assignee, and he shall forfeit all fees and emolu- ments to which he might be entitled in connection with such sale. And if any assignee shall, in any manner, in violation of his duty aforesaid, unfairly or wrongfully sell or dispose of, or in any manner fraudulently or corruptly combine, conspire, or agree with any person or persons with intent to unfairly or wrongfully sell or dispose of the property com- mitted to his charge, he shall, upon proof thereof, be removed, and for- feit all fees or other compensation for any and all services in connection with such bankrupt's estate, and, upon conviction thereof before any court of competent jurisdiction, shall be liable to a fine of not more than ten thousand dollars, or imprisonment in the penitentiary for a term of not exceeding two years, or both fine and imprisonment, at the discre- tion of the court. And any person so combining, conspiring, or agree- ing with such assignee for the purpose aforesaid shall, upon conviction, be liable to a like punishment. That the assignee shall report, under oath, to the court, at least as often as once in three months, the con- dition of the estate in his charge, and the state of his accounts in de- tail, and at all other times when the court, on motion or otherwise, shall so order. And on any settlement of the accounts of any assignee, he shall be required to account for all interest, benefit, or advantage re- 494 FORMER BANKRUPTCY ACTS. ceived, or in any manner agreed to be received directly or indirectly, from the use, disposal, or proceeds of the bankrupt's estate. And he shall be required, upon such settlement, to make and file in court an affidavit declaring, according to the truth, whether he has or has not, as the case may be, received, or is or is not, as the case may be, to receive, directly or indirectly, any interest, benefit, or advantage from the use or deposit of such funds; and such assignee may be examined orally upon the same subject, and if he shall wilfully swear falsely, either in such affidavit or examination, or to his report provided for in this sec- tion, he shall be deemed to be guilty of perjury, and, on conviction thereof, be punished by imprisonment in the penitentiary not less than one and not more than five years. SEC. 5. That section eleven of said act be amended by striking out the words "as the warrant specifies," where they first occur, and insert- ing the words "as the marshal shall select, not exceeding two" ; and in- serting after the word "specifies" where it last occurs the words "But whenever the creditors of the bankrupt are so numerous as to make any notice now required by law to them, by mail or otherwise, a great and disproportionate expense to the estate, the court may, in lieu thereof, in its discretion, order such notice to be given by publication in a news- paper or newspapers, to all such creditors whose claims, as reported, do not exceed the sums, respectively, of fifty dollars." SEC 6. That the first clause of section twenty of said act be amended by adding, at the end thereof, the words "or in cases of compulsory bank- ruptcy, after the act of bankruptcy upon or in respect of which the ad- judication shall be made, and with a view of making such set-off." SEC 7. That section twenty-one of said act be amended by inserting the following words in line six, immediately after "thereby" : ''But a creditor proving his debt or claim shall not be held to have waived his right of action or suit against the bankrupt where a discharge has been refused or the proceedings have been determined without a discharge." SEC 8. That the following words shall be added to section twenty- six of said act: "That in all causes and trials arising or ordered under this act, the alleged bankrupt, and any party thereto, shall be a competent witness." SEC 9. That in cases of compulsory or involuntary bankruptcy, the provisions of said act, and any amendment thereof, or of any supple- ment thereto, requiring the payment of any proportion of the debts of the bankrupt, or the assent of any portion of his creditors, as a condition of his discharge from his debts, shall not apply; but he may, if other- wise entitled thereto, be discharged by the court in the same manner and with the same effect as if he had paid such per centum of his debts, FORMER BANKRUPTCY ACTS. 495 or as if the required proportion of his creditors had assented thereto. And in cases of voluntary bankruptcy, no discharge shall be granted to a debtor whose assets shall not be equal to thirty per centum of the claims proved against his estate, upon which he shall be liable as principal debtor, without the assent of at least one-fourth of his creditors in num- ber, and one-third in value; and the provision in section thirty-three of said act of March second, eighteen hundred and sixty-seven, requiring fifty per centum of such assets, is hereby repealed. SEC. 10. That in cases of involuntary or compulsory bankruptcy, the period of four months mentioned in section thirty-five of the act to which this is an amendment is hereby changed to two months; but this pro- vision shall not take effect until two months after the passage of this act. And in the cases aforesaid, the period of six months mentioned in said section thirty-five, is hereby changed to three months; but this provision shall not take effect until three months after the passage of this act. SEC. 11. That section thirty-five of said act be, and the same is hereby, amended as follows: First. After the word "and" in line eleven, insert the word "knowing." Secondly. After the word "attachment," in the same line, insert the words "sequestration, seizure." Thirdly. After the word "and," in line twenty, insert the word "know- ing." And nothing in said section thirty-five shall be construed to in- validate any loan of actual value, or the security therefor, made in good faith, upon a security taken in good faith on the occasion of the making of such loan. SEC. 12. That section thirty-nine of said set of March second, eigh- teen hundred and sixty-seven, be amended so as to read as follows: "SEC. 39. That any person residing, and owing debts, as aforesaid who, after the passage of this act, shall depart from the State, District, or Territory of which he is an inhabitant, with intent to defraud his creditors; or, being absent, shall, with such intent, remain absent; or shall conceal himself to avoid the service of legal process in any action for the recovery of a debt or demand provable under this act; or shall conceal or remove any of his property to avoid its being attached, taken, or sequestered on legal process; or shall make any assignment, gift, sale, conveyance, or transfer of his estate, property, rights, or credits, either within the United States or elsewhere, with intent to delay, defraud, or hinder his creditors; or who has been arrested and held in custody under or by virtue of mesne process or execution, issued out of any court of the United States or of any State, District, or Territory within which 496 FORMER BANKRUPTCY ACTS. such debtor resides or has property, founded upon a demand in its nature provable against a bankrupt's estate under this act, and for a sum ex- ceeding one hundred dollars, and such process is remaining in force and not discharged by payment, or in any other manner provided by the law of the United States or of such State, District, or Territory, applicable thereto, for a period of twenty days, or has been actually imprisoned for more than twenty days in a civil action founded on contract for the sum of one hundred dollars or upward; or who, being bankrupt or in- solvent, or in contemplation of bankruptcy or insolvency, shall make any payment, gift, grant, sale, conveyance, or transfer of money or other property, estate, rights, or credits, or confess judgment, or give any warrant to confess judgment, or procure his property to be taken on legal process, with intent to give a preference to one or more of his creditors, or to any person or persons who are or may be liable for him as indorsers, bail, sureties, or otherwise, or with the intent, by such dis- position of his property, to defeat or delay the operation of this act; or who, being a bank, banker, broker, merchant, trader, manufacturer, or miner, has fraudulently stopped payment, or who being a bank, banker, broker, merchant, trader, manufacturer, or miner, has stopped or sus- pended and not resumed payment, within a period of forty days, of his commercial paper (made or passed in the course of his business as such), or who, being a bank or banker, shall fail for forty days to pay any depositor upon demand of payment lawfully made, shall be deemed to have committed an act of bankruptcy, and, subject to the conditions here- inafter prescribed, shall be adjudged a bankrupt on the petition of one or more of his creditors, who shall constitute one-fourth thereof, at least, in number, and the agreegate of whose debts provable under this act amounts to at least one-third of the debts so provable: Provided, That such petition is brought within six months after such act of bankruptcy shall have been committed. And the provisions of this section shall apply to all cases of compulsory or involuntary bankruptcy commenced since the first day of December, eighteen hundred and seventy-three, as well as to those commenced hereafter. And in all cases commenced since the first day of December, eighteen hundred and seventy-three, and prior to the passage of this act, as well as those commenced here- after, the court shall, if such allegation as to the number or amount of petitioning creditors be denied by the debtor, by a statement in writing to that effect, require him to file in court forthwith a full list of his creditors, with their places of residence and the sums due them respect- ively, and shall ascertain, upon reasonable notice to the creditors, whether one-fourth in number and one-third in amount thereof, as afore- said, have petitioned that the debtor be adjudged a bankrupt. But if such debtor shall, on the filing of the petition, admit in writing that the requisite number and amount of creditors have petitioned, the court (if FORMER BANKRUPTCY ACTS. 497 satisfied that the admission was made in good faith,) shall so adjudge, which judgment shall be final, and the matter proceed without fur- ther steps on that subject. And if it shall appear that such num- ber and amount have not so petitioned, the court shall grant rea- sonable time, not exceeding, in cases heretofore commenced, twenty days, and, in cases hereafter commenced, ten days, within which other creditors may join in such petition. And if, at the expiration of such time so limited, the number and amount shall comply with the requirements of this section, the matter of bankruptcy may proceed; but if, at the expiration of such limted time, such number and amount shall not answer the requirements of this section, the proceedings shall be dismissed, and, in cases hereafter commenced, with costs. And if such person shall be adjudged a bankrupt, the assignee may recover back the money or property so paid, conveyed, sold, assigned, or trans- ferred contrary to this act: Provided, That the person receiving such payment or conveyance had reasonable cause to believe that the debtor was insolvent, and knew that a fraud on this act was intended; and such person, if a creditor, shall not, in cases of actual fraud on his part, be allowed to prove for more than a moiety of his debt; and this limita- tion on the proof of debts shall apply to cases of voluntary as well as involuntary bankruptcy. And the petition of creditors under this sec- tion may be sufficiently verified by the oaths of the first five signers thereof, if so many there be. And if any of said first five signers shall not reside in the district in which such petition is to be filed, the same may be signed and verified by the oath or oaths of the attorney or attorneys, agent or agents, of such signers. And in computing the num- ber of creditors, as aforesaid, who shall join in such petition, creditors whose respective debts do not exceed two hundred and fifty dollars shall not be reckoned. But if there be no creditors whose debts exceed said sum of two hundred and fifty dollars, or if the requisite number of creditors holding debts exceeding two hundred and fifty dollars fail to sign the petition, the creditors having debts of a less amount shall be reckoned for the purposes aforesaid". SEC. 13. That section forty of said act be amended by adding at the end thereof the following words: "And if, on the return-day of the order to show cause as aforesaid, the court shall be satisfied that the requirement of section thirty-nine of said act as to the number and amount of petitioning creditors has been complied with, or if, within the time provided for in section thirty-nine of this act, creditors sufficient in number and amount shall sign such petition so as to make a total of one-fourth in number of the creditors and one-third in the amount of the provable debts against the bankrupt, as provided in said section, the court shall so adjudge, which judgment shall be final; otherwise it 498 FORMER BANKRUPTCY ACTS. shall dismiss the proceedings, and, in cases hereafter commenced, with costs." SEC. 14. That section forty-one of said act be amended as follows: After the word "bankruptcy," in line eight, strike out all of said section and insert the words, "Or, at the election of the debtor, the court may, in its discretion, award a venire facias to the marshal of the district, return- able within ten days before him for the trial of the facts set forth in the petition, at which time the trial shall be had, unless adjourned for cause. And unless, upon such hearing or trial, it shall appear to the satisfaction of said court, or of the jury, as the case may be, that the facts set forth in said petition are true, or if it shall appear that the debtor has paid and Satisfied all liens upon his property, in case the existence of such liens was the sole ground of the proceedings, the proceedings shall be dismissed, and the respondent shall recover costs; and all proceedings in bank- ruptcy may be discontinued on reasonable notice and hearing, with the approval of the court, and upon the assent, in writing, of such debtor, and not less than one-half of his creditors in number and amount; or, in case all the creditors and such debtor assent thereto, such discontinu- ance shall be ordered and entered; and all parties shall be remitted, in either case, to the same rights and duties existing at the date of the filing of the petition for bankruptcy, except so far as such estate shall have been already administered and disposed of. And the court shall have the power to make all needful orders and decrees to carry the fore- going provision into effect". SEC. 15. That section eleven of said act be amended by inserting the words "and valuation" after the word "inventory" in the twenty-first line; and that section forty-two of said act be amended by inserting the words "and valuation" after the word "inventory" in the fifteenth line. SEC. 16. That section forty-nine of said act be amended by striking out after the word "the" in line five, the words "supreme courts", and inserting in lieu thereof "district courts," and in line six, after the word "States", inserting the words "subject to the general superintendence and jurisdiction conferred upon circuit courts by section two of said act." COMPOSITION WITH CREDITORS. SEC. 17. That the following provisions be added to section forty-three of said act : That in all cases of bankruptcy now pending, or to be here- after pending, by or against any person, whether an adjudication in bankruptcy shall have been had or not, the creditors of such alleged bankrupt may, at a meeting called under the direction of the court, and upon not less than ten days' notice to each known creditor of the time, place, and purpose of such meeting, such notice to be personal or other- FORMER BANKRUPTCY ACTS. 499 wise, as the court may direct, resolve that a composition proposed by the debtor shall be accepted in satisfaction of the debts due to them from the debtor. And such resolution shall, to be operative, have been passed by a majority in number and three-fourths in value of the credi- tors of the debtor assembled at such meeting either in person or by proxy, and shall be confirmed by the signatures thereto of the debtor and two-thirds in number and one-half in value of all the creditors of the debtor. And in calculating a majority for the purposes of a compo- sition under this section, creditors whose debts amount to sums not exceeding fifty dollars shall be reckoned in the majority in value, but not in the majority in number; and the value of the debts of secured creditors above the amount of such security, to be determined by the court, shall, as nearly as circumstances admit, be estimated in the same way. And creditors whose debts are fully secured shall not be entitled to vote upon or to sign such resolution without first relinquishing such security for the benefit of the estate. The debtor, unless prevented by sickness or other cause satisfactory to such meeting, shall be present at the same, and shall answer any in- quiries made of him ; and he, or, if he is so prevented from being at such meeting, some one in his behalf, shall produce to the meeting a statement showing the whole of his assets and debts, and the names and addresses of the creditors to whom such debts respectively are due. Such resolution, together with the statement of the debtor as to his assets and debts, shall be presented to the court; and the court shall, upon notice to all the creditors of the debtor of not less than five days, and upon hearing, inquire whether such resolution has been passed in the manner directed by this section; and if satisfied that it has been so passed, it shall, subject to the provisions hereinafter contained, and upon being satisfied that the same is for the best interest of all con- cerned, cause such resolution to be recorded and statement of assets and debts to be filed ; and until" such record and filing shall have taken place, such resolution shall be of no validity. And any creditor of the debtor may inspect such record and statement at all reasonable times. The creditors may, by resolution passed in the manner and under the circumstances aforesaid, add to, or vary the provisions of, any composi- tion previously accepted by them, without prejudice to any persons taking interests under such provisions who do not assent to such addi- tion or variation. And any such additional resolution shall be pre- sented to the court in the same manner and proceeded with in the same way and with the same consequences as the resolution by which the composition was accepted in the first instance. The provisions of a composition accepted by such resolution in pursuance of this section shall be binding on all the creditors whose names and addresses and 500 FORMER BANKRUPTCY ACTS. the amounts of the debts due to whom are shown in the statement of the debtor produced at the meeting at which the resolution shall have been passed, but shall not affect or prejudice the rights of any other creditors. Where a debt arises on a bill of exchange or promissory note, if the debtor shall be ignorant of the holder of any such bill of exchange or promissory note, he shall be required to state the amount of such bill or note, the date on which it falls due, the name of the acceptor and of the person to whom it is payable, and any other particulars within his knowledge respecting the same; and the insertion of such particulars shall be deemed a sufficient description by the debtor in respect to such debt Any mistake made inadvertently by a debtor in the statement of his debts may be corrected upon reasonable notice, and with the consent of a general meeting of his creditors. Every such composition shall, subject to priorities declared in said act, provide for a pro-rata payment or satisfaction, in money, to the creditors of such debtor in proportion to the amount of their unsecured debts, or their debts in respect to which any such security shall have been duly surrendered and given up. The provisions of any composition made in pursuance of this section may be enforced by the court, on motion made in a summary manner by any person interested, and on reasonable notice; and any disobedience of the order of the court made on such motion shall be deemed to be a contempt of court. Rules and regulations of court may be made in relation to proceedings of composition herein provided for in the same manner, and to the same extent as now provided by law in relation to proceedings in bankruptcy. If it shall at any time appear to the court, on notice, satisfactory evidence, and hearing, that a composition under this section cannot, in consequence of legal difficulties, or for any sufficient cause, proceed with- out injustice or undue delay to the creditors or to the debtor, the court may refuse to accept and confirm such composition, or may set the same aside ; and, in either case, the debtor shall be proceeded with as a bankrupt in conformity with the provisions of law, and proceedings may be had accordingly; and the time during which such composition shall have been in force shall not, in such case, be computed in calculating periods of time prescribed by said act. SEC. 18. That from and after the passage of this act the fees, com- missions, charges, and allowances, excepting actual and necessary dis- bursements, of, and to be made by the officers, agents, marshals, mes- sengers, assignees, and registers in cases of bankruptcy, shall be reduced FORMER BANKRUPTCY ACTS. 501 to one-half of the fees, commissions, charges, and allowances heretofore provided for or made in like cases: Provided, That the preceding pro- vision shall be and remain in force until the justices of the Supreme Court of the United States shall make and promulgate new rules and regulations in respect to the matters aforesaid, under the powers con- ferred upon them by sections ten and forty-seven of said act, and no longer, which duties they shall perform as soon as may be. And said justices shall have power under said sections, by general regulations, to simplify, and, so far as in their judgment will conduce to the benefit of creditors, to consolidate the duties of the register, assignee, marshal, and clerk, and to reduce fees, costs, and charges, to the end that prolixity, delay, and unnecessary expense may be avoided. And no register or clerk of court, or any partner or clerk of such register or clerk of court, or any person having any interest with either in any fees or emoluments in bank- ruptcy or with whom such register or clerk of court shall have any in- terest in respect to any matter in bankruptcy, shall be of counsel, solicitor, or attorney, either in or out of court, in any suit or matter pending in bankruptcy in either the circuit or district court of his district, or in an appeal therefrom. Nor shall they, or either of them, be executor, admin- istrator, guardian, commissioner, appraiser, divider, or assignee of or upon any estate within the jurisdiction of either of said courts of bankruptcy; nor be interested, directly or indirectly, in the fees or emoluments aris- ing from either of said trusts. And the words "except such as are established by this act or by law," in section ten of said act, are hereby repealed. SEC. 19. That it shall be the .duty of the marshal of each district, in the month of July of each year, to report to the clerk of the district court of such district, in a tabular form, to be prescribed by the justices of the Supreme Court of the United States, as well as such other or further information as may be required by said justices. First, the number of cases in bankruptcy in which the warrant pre- scribed in section eleven of said act has come to his hands during the year ending June thirtieth, preceding; Secondly, how many such warrants were returned, with the fees, costs, expenses, and emoluments thereof, respectively and separately; Thirdly, the total amount of all other fees, costs, expenses, and emolu- ments, respectively and separately, earned or received by him during such year from or in respect of any matter in bankruptcy; Fourthly, a summarized statement of such fees, costs, and emoluments, exclusive of actual disbursements in bankruptcy, received or earned for such year; Fifthly, a summarized statement of all actual disbursements in such cases for such year. 502 FORMER BANKRUPTCP ACTS. And in like manner, every register shall, in the same month and for the same year, make a report to such clerk of, First, the number of voluntary cases in bankruptcy coming before him during said year; Secondly, the amount of assets and liabilities, as nearly as may be, of the bankrupts; Thirdly, the amount and rate per centum of all dividends declared; Fourthly, the disposition of all such cases; Fifthly, the number of compulsory cases in bankruptcy coming before him, in the same way; Sixthly, the amount of assets and liabilities, as nearly as may be, of such bankrupt; Seventhly, the disposition of all such cases; Eighthly, the amounts and rate per centum of all dividends declared in such cases; Ninthly, the total amount of fees, charges, costs, and emoluments of every sort, received or earned by such register during said year in each class of cases above stated. And in like manner, every assignee shall, during said month, make like return to such clerk of, First, the number of voluntary and compulsory cases, respectively and separately, in his charge during said year; Secondly, the amount of assets and liabilities therein, respectively and separately ; Thirdly, the total receipts and disbursements therein, respectively and separately ; Fourthly, the amount of dividends paid or declared, and the rate per centt'.m thereof, in each class, respectively and separately; Fifthly, the total amount of all his fees, charges, and emoluments, of every kind therein, earned or received; Sixthly, the total amount of expenses incurred by him for legal pro- ceedings and counsel fees; Seventhly, the disposition of the cases respectively; Eighthly, a summarized statement of both classes as aforesaid. And in like manner, the clerk of said court, in the month of August in each year, shall make up a statement for such year, ending June thirtieth, of, First, all cases in bankruptcy pending at the beginning of the said year; FORMER BANKRUPTCY ACTS. 503 Secondly, all of such cases disposed of; Thirdly, all dividends declared therein; Fourthly, the number of reports made from each assignee therein; Fifthly, the disposition of all such cases; Sixthly, the number of assignees' accounts filed and settled; Seventhly, whether any marshal, register, or assignee has failed to make and file with such clerk the reports by this act required, and, if any have failed to make such reports, their respective names and residences. And such clerk shall report in respect of all cases begun during said year. And he shall make a classified statement, in tabular form, of all his fees, charges, costs, and emoluments, respectively, earned or accrued dur- ing said year, giving each head under which the same accrued, and also the sum of all moneys paid into and disbursed out of court in bankruptcy, and the balance in hand or on deposit. And all the statements and reports herein required shall be under oath, and signed by the persons respectively making the same. And said clerk shall, in said month of August, transmit every such statement and report so filed with him, together with his own statement and report aforesaid, to the Attorney General of the United States. Any person who shall violate the provisions of this section shall, on motion made, under the direction of the Attorney General, be by the district court dismissed from his office, and shall be deemed guilty of a misdemeanor, and, on conviction thereof, be punished by a fine of not more than five hundred dollars, or by imprisonment not exceeding one year. SEC. 20. That in addition to the officers now authorized to take proof of debts against the estate of a bankrupt, notaries public are hereby authorized to take such proof, in the manner and under the regulations provided by law ; such proof to be certified by the notary and attested by his signature and official seal. SEC. 21. That all acts and parts of acts inconsistent with the pro- visions of this act be, and the same are hereby, repealed. AMENDMENT OF APRIL 14tH, 1876. An act concerning cases in bankruptcy commenced in the supreme courts of the several Territories prior to the twenty-second day of June, eighteen hundred and seventy-four, and now undetermined therein. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases in 504 FORMER BANKRUPTCY ACTS' bankruptcy commenced in the supreme courts of any of the Territories of the United States prior to the twenty-second day of June, Anno Domini eighteen hundred and seventy-four, and now undetermined there- in, the clerks of the said several courts shall immediately transmit to the clerks of the district courts of the several districts of said Territories all the papers in, and a certified transcript of, all the proceedings had in each of said cases; and the said clerks of the district courts shall im- mediately file the said papers and transcripts as papers and transcripts in the said district courts. SEC. 2. That the clerks of the said several supreme courts shall trans- mit the papers and transcripts provided for in section one of this act, in each case, to the clerk of the district court of the district wherein the bankrupt or bankrupts, or some one of them, resided at the time of the filing of the petition in bankruptcy in said case; and as soon as the said papers and transcript in any case shall have been transmitted and filed, as herein provided, the district court in which the same shall have been so filed shall have jurisdiction of the said case, to hear and determine all questions arising therein, and to finally adjudicate and determine the same in all respects as contemplated in other bankruptcy cases by the act entitled, "An act to establish a uniform system of bankruptcy throughout the United States," and approved March second, eighteen hundred and sixty-seven, and amendments thereto. Approved, April 14, 1876. AMENDMENT OF JULY 26TH, 1878. An act to amend the act entitled, "An act to amend and supplement an act entitled, 'An act to establish a uniform system of bankruptcy throughout the United States' approved March second, eighteen hundred and sixty-seven, and for other purposes," approved June twenty-second, eighteen hundred and seventy-four. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twelve of said act be, and the same is hereby, amended as follows: After the word "committed," in line forty- four, insert: "Provided also, That no voluntary assignment by a debtor or debtors of all his or their property, heretofore or hereafter made in good faith for the benefit of all his or their creditors, ratably and without creating any preference, and valid according to the law of the State where made, shall of itself, in the event of his or their being subsequently adjudicated bankrupts in a pro- ceeding of involuntary bankruptcy, be a bar to the discharge of such debtor or debtors." That section fifty-one hundred and eight of the Revised Statutes is hereby amended so as to read as follows: At any time after the expiration of six months from the adjudication of bank- FORMER BANKRUPTCY ACTS. 505 ruptcy, or if no debts have been proved against the bankrupt, or if no assets have come to the hands of the assignee, at any time after the - expiration of sixty days, and before the final disposition of the cause, the bankrupt may apply to the court for a discharge from his debts. This section shall apply in all cases heretofore or hereafter commenced. Approved, July 26, 1876. REPEALING ACT OF JUNE TTH, 1878. An act to repeal the bankrupt law. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the bankrupt law approved March second, eighteen hundred and sixty-seven, title sixty-one, Revised Statutes, and an act entitled, "An act to amend and supplement an act entitled, An act to establish a uniform system of bankruptcy throughout the United States, approved March second, eighteen hundred and sixty-seven, and for other purposes, approved June twenty-second, eighteen hundred and seventy-four," and all acts in amendment or supple- mentary thereto or in explanation thereof, be, and the same are hereby, repealed: Provided, however, That such repeal shall in no manner in- validate or affect any case in bankruptcy instituted and pending in any court prior to the day when this act shall take effect; but as to all such pending cases and all future proceedings therein, and in respect of all pains, penalties, and forfeitures which shall have been incurred under any of said acts prior to the day when this act takes effect, or which may be thereafter incurred, under any of those provisions of any of said acts which, for the purposes named in this act, are kept in force, and all penal actions and criminal proceedings for a violation of any of said acts, whether then pending or thereafter instituted, and in respect of all rights of debtors and creditors (except the right of commencing original proceedings in bankruptcy), and all rights of, and suits by, or against assignees, under any, or all of said acts, in any matter or case which shall have arisen prior to the day when this act takes effect (which shall be on the first day of September, Anno Domini eighteen hundred and seventy-eight), or in any matter or case which shall arise after this act takes effect, in respect of any matter of bankruptcy author- ized by this act to be proceeded with after said last-named day, the acts hereby repealed shall continue in full force and effect until the same shall be fully disposed of, in the same manner as if said acts had not been repealed. 506 JUDGES, CLERKS AND REFEREES. COURTS OF UNITED STATES WITH BANKRUPTCY JURISDICTION. UNITED STATES SUPREME COURT. Chief Justice. MELVILLE W. FULLER. Associate Justices. JOHN M. HARLAN. WILLIAM R. DAY. OLIVER W. HOLMES. EDWARD D. WHITE. DAVID J. BREWER. RUFUS W. PECKHAM. HENRY B. BROTVN. JOSEPH MCKENNA Clerk. JAMES H. MCKENNEY, Washington, D. C. CIRCUIT COURTS OF APPEALS OF THE UNITED STATES. The act of March 3, 1891, Sec. 1 Sup. Rev. St. U. S., 901, creates in each of the nine judicial circuits, into which the United States is divided, a Circuit Court of Appeals and determines the juridsiction. This act has been amended July 16, 1892, 2 Sup. Rev. St. of U. S., 40, by abolish- ing the office of marshal and providing that duties of marhsals be perf- formed by United States marhsals. Act of Feb. 18th, 1895, 2 Sup. Rev. Stat. U. S., 377, extending equity jurisdiction to appeals in injunction proceedings. Act of Jan. 20th, 1897, 2 Sup. Rev. Stat. U. S., 541, con- ferring final jurisdiction on Circuit Courts of Appeals in all criminal cases not capital. Act of June first, 1898, 2 Supp. Rev. St. U. S., 771, conferring appellate jurisdiction in award in cases under arbitration act. Act of June, 6th, 1900, 2 Sup. Rev. Stat, U. S., 1,445, conferring joris- diction to entertain appeal on interlocutory order granting injunction. FIRST CIRCUIT. Circuit Justice. OLIVER W. HOLMES, Washington, D. C. States in Circuit. Maine, New Hampshire, Massachusetts and Rhode Island. Circuit Judges: Le Baron Colt, Bristol, R. I., William L. Putnam, Portland, Me. Clerk Circuit Court of Appeals, John G. Stetson, Boston, Mass. JUDGES, CLERKS AND REFEREES. 507 Annual term, first Tuesday in October; stated sessions, first Tues- day in every month, sessions for hearing cases, first Tuesday in January, April and October, at Boston, Mass. SECOND CIRCUIT. Circuit Justice: RUFUS W. PECKHAM, Washington, D. C. States in Circuit. Vermont, Connecticut and New York. Circuit Judges, William J. Wallace, Albany, New York, Henry Lacombe, New York, N. Y., William K. Townsend, New Haven, Conn. Clerk Circuit Court of Appeals, William Parkin, New York, N. Y. Annual term last Tuesday in October.fat New York City. THIRD CIRCUIT. Circuit Justice, HENRY B. BROWN, Washington, D. C. States in Circuit. New Jersey, Pennsylvania, Delaware. Circuit Judges, Marcus W. Acheson, Pittsburg, Pa., Geo. M. Dallas, Philadelphia, Pa., George Gray, Wilmington, Del. Clerk Circuit Court of Appeals, William H. Merrick, Philadelphia, Pa. Annual term, first Tuesday in March and third Tuesday in September, at Philadelphia, Pa. FOURTH CIRCUIT. Circuit Justice, MELVILLE W. FULLER, Washington, D. C. States in Circuit. North Carolina, South Carolina, Mary- land, Virginia and West Virginia. , Circuit Judges, Nathan GofT, Clarksburg, W. Virginia, Charles H. Simonton, Charleston, S. C. Clerk Circuit Court of Appeals, Henry T. Meloney, Rich- mond, Virginia. Annual term, first Tuesday in February, first Tuesday in May, and first Tuesday in November, at Richmond, Va. 508 JUDGES, CLERKS AND REFEREES. FIFTH CIRCUIT. Circuit Justice, EDWARD D. WHITE, Washington, D. C. States in Circuit. Georgia, Florida, Alabama, Mississippi. Louisiana and Texas. Circuit Judges, Don A. Pardee, New Orleans, La., A. P. McCormick, Dallas, Texas, David D. Shelby, Huntsville, Ala. Clerk Circuit Court of Appeals, CHARLES H. LIDNUM, New Orleans, La. Annual term, first Monday in October at Atlanta, Ga. and third Monday in November, at New Orleans, La. SIXTH CIRCUIT. Circuit Justice, JOHN M. HARLAN, Washington, D. C- States in Circuit. Ohio, Michigan, Kentucky and Ten- nessee. Circuit Judges, Henry F. Severens, Kalamazoo, Michigan, Horace H. Lurton, Nashville, Tenn, William R. Day, Can- ton. O. Clerk Circuit Court of Appeals, Frank 0. Loveland, Cin- cinnati, Ohio. Terms: First Tuesday in October and continues until the first Tues- day in October in the ensuing year. Three sessions will be held in Chi- cago, beginning on the first Tuesdays in October and January and the second Tuesday in April. SEVENTH CIRCUIT. Circuit Justice, WILLIAM R. DAY, Washington, D. C. States in Circuit. Indiana, Illinois, and Wisconsin. Ciruit Judges, James G. Jenkins, Milwaukee, Wisconsin, Peter S. Grosscup, Chicago, 111., Francis. E. Baker, In- dianapolis, Indiana. Clerk Circuit Court of Appeals, Edward M. Holloway, Chicago, 111. Terms: First Tuesday in October; term divided into three sessions, JUDGES, CLERKS AND REFEREES. 509 beginning on first Tuesday in October, first Tuesday in January and first Tuesday in May, at Chicago, 111. EIGHTH CIRCUIT. Circuit Justice, D. J. BREWER, Washington, D. C. States in Circiiit. Minnesota, Iowa, Missouri, Arkansas, Nebraska, Colorado, Kansas, Wyoming, North Dakota, South Dakota, Utah, New Mexico, Oklahoma and Indian Territory. Circuit Judges, Henry C. Caldwell, Little Rock, Arkansas, Walter H. Sanborn, St. Paul, Minn., Amos M. Thayer, St. Louis, Mo. Clerk Circuit Court of Appeals, John D. Jordan, St. Louis, Mo. Terms: First Monday in May, at St. Paul, Minn., first Monday in September, at Denver, Colo., first Monday in December, at St. Louis, Mo. NINTH CIRCUIT. Circuit Justice, JOSEPH MCKENNA, Washington, D. C. States in Circuit. California, Oregon, Nevada, Washing- ton, Idaho, Montana, Alaska, Arizona and Hawaii. Circuit Judges, William W. Morrow, San Francisco, Cal., William B. Gilbert, Portland, Ore., Erskine M. Ross, Los Angeles Cal. Clerk Circuit Court of Appeals, Frank D. Monckton, San Francisco. Terms: Annual term first Monday in October, and adjourned sessions on the first Monday of each month at San Francisco, Cal., Annual term, second Monday in September, at Seattle, Washington. Annual term, third Monday in September, at Portland, Oregon. 510 JUDGES, CLERKS AND REFEREES. DISTRICT JUDGES, CLERKS AND REFEREES, AND THEIR JUR- ISDICTIONS. ALABAMA (5th Circuit.) NORTHERN DISTRICT. District Judge, Thos. Goode Jones, Montgomery, Ala. Clerk District Court, Charles J. Allison, Birmingham, Ala. Referees with jurisdiction. N. W. Trimble, Birmingham, Ala. Ref- eree for Counties of Jefferson, St. Clair, Shelby, Bibb, Tuscaloosa, Pick- ens, Greene, Sumter, Hale, Blount, Walker, Lamar and Fayette. H. D. McCarty, Anniston, Ala. Referee for the Counties of Calhoun- Cleburne, Cherokee, DeKalb, Etowah. Jere Murphy, Jr., Huntsville, Ala. Referee for the Counties of Madi, son, Jackson, Limestone, Lauderdale, Colbert, Franklin, Lawrence, Mar- shall, Winston, Cullman, ^Morgan and Marion. MIDDLE DISTRICT. District Judge, Thos. Goode Jones, Montgomery, Ala. Clerk, District Court, Joseph W. Dimmick, Montgomery, Ala. Referees with jurisdiction. Walter R. Shafer, Selma, Ala., Referee for the Counties of Dallas and Perry. Asa E. Stratton, Montgomery, Ala., Referee for the Counties of An- tauga, Barbour, Bullock, Butler, Chilton, Chambers, Clay, Coffee, Coosa, Covington, Crenshaw, Dale, Elmore, Geneva, Henry, Lee, Lowndes, Macon, Montgomery, Pike, Randolph, Russell, and Tallapoosa. SOUTHERN DISTRICT. District Judge, Harry T. Toulmin, Mobile, Ala. Clerk, District Court, Richard Jones, Mobile, Ala. Referees with jurisdiction. Robert T. Ervin, Mobile, Ala., Referee for the Counties of Baldwin, Choctaw, Clarke, Conecuh, Excambia, Marengo, Mobile, Monroe, Washington, Wilcox. ALASKA (9th Circuit). DIVISION NO. 1. District Judge, Melville C. Brown, Juneau, Alaska. Clerk, District Court, W. J. Hills, Juneau, Alaska. DIVISION NO. 2. NOTE. This list of referees is as complete as could be made from corre- spondence. In many counties no referees have been appointed, and vacancies exist in others, especially in the rural districts. JUDGES, CLERKS AND REFEREES, 511 District Judge, Alfred S. Moore, Nome, Alaska. Clerk District Court, Geo. V. Borchsenius, Nome, Alaska. C. A. S. Frost, Referee, Nome Alaska. DIVISION NO. 3. District Judge, James Wickersham, Eagle, Alaska. Clerk District Court, A. R. Herlig, Eagle City. ARIZONA (9th Circuit). FIRST DISTRICT. Justice, George R. Davis, Tucson, Ari. Clerk District Court, Clinton D. Hoover, Tucson, Ari. Referees with jurisdiction. Thomas A. Barton, Tucson, Ari., Referee for Counties of Cochise, Pima and Santa Cruz. SECOND DISTRICT. Justice for District, Fletcher M. Doan, Florence, Ari. Clerk District Court, Daniel C. Stevens, Florence, Ari. Referees with jurisdiction. W. H. Benson, Florence, Ari., Referee for Final County. William H. Duryea, Globe, Ari., Referee for Gila County. E. S. Mashbir, Solomanville, Ari., Referee for Graham County. THIRD DISTRICT. Chief Justice, Edward Kent, Phoenix, Ari. Clerk District Court, Elias F. Dunlevy, Phoenix, Ari. Referees with jurisdiction. Alfred Franklin, Phoenix, Ari., Referee for the Counties of Maricopa and Yuma. FOURTH DISTRICT. Justice, Richard E. Sloan, Prescott, Ari. Clerk District Court, J. M. Watts, Prescott, Ari. Referees with jurisdiction. Thos. C. Job, Prescott, Referee for Yavapai and Mohave Counties. Fred W. Nelson, Holbrook, Ari., Referee for Coconino, Novajo and Apache Counties. ARKANSAS (8th Circuit). EASTERN DISTRICT. District Judge, Jacob Trieber, Little Rock, Ark. Clerk District Court, Eastern Division, Emerson R. Crum, Helena. 512 JUDGES, CLERKS AND REFEREES. Referees with jurisdiction. M. L. Stephenson, Helena, Referee for the Counties of Mississippi, Crittenden, Lee, Philips, Clay, Craighead> Greene, Cross, St. Francis and Monroe. NORTHERN DIVISION. Clerk District Court, Joseph W. Parse, Batesville. Referees with jurisdiction. Charles F. Cole, Referee for Counties of In- dependence, Cleburne, Stone, Izard, Sharp, Fulton, Randolph, Lawrence and Jackson. WESTERN DIVISION. Clerk District Court, Sid. B. Redding, Little Rock, Ark. Referees with jurisdiction. P. C. Dooley, Little Rock, Referee for the Counties of Arkansas, Ashley, Bradley, Chicot, Clark, Cleveland, Conway, Dallas, Desha, Drew, Faulkner, Garland, Grant, Hot Springs, Jefferson, Lincoln, Lonoke, Montgomery, Perry, Pope, Prairie, Pulaski, Saline, Van Buren, White, Woodruff. WESTERN DISTRICT. District Judge, John H. Rogers, Ft. Smith, Ark. TEXARKANA DIVISION. District Clerk, John M. Somervell, Texarkana, Ark. Counties in Division: Calhoun, Columbia, Hempstead, Howard, Lafayette, Little River, Miller, Nevada, Ouachito, Pike, Sevier, Union. FORT SMITH DIVISION. Clerk Dist. Court, H. B. Armistead, Ft. Smith, Arkansas. Counties in Division, Benton, Crawford, Franklin, Johnson, Logan, Polk, Scott, Sebastian, Washington, Yell. HARRISON DIVISION. Clerk Dist. Court, W. F. Mitchell, Harrison, Ark. Counties in Division, Baxter, Boone, Carroll, Madison, Marion, Newton, Staicy. CALIFORNIA (9th Circuit) . NORTHERN DISTRICT. District Judge, John J. DeHaven, San Francisco, Cal. Clerk District Court, George E. Morse, San Francisco. Referees with Jurisdiction: R. M. Swain, Santa Rosa, Sonoma County; A. P. Holland, Oakland, Alameda County; Milton J. Green, San Francisco, San Francisco County; Richard Belcher, Marysville, Yuba, Colusa, Sut- ter, Glenn, Butte, Sierra, Plumas, Tehama, Shasta, Lassen, Trinity, Sis- kiyou, and Modoc Counties; W. T. S. Hadley, Eureka, Humboldtand Del JUDGES, CLERKS AND REFEREES. 513 Norte Counties; W. A. Coulter, San Jose, Santa Clare & San Mateo Coun- ties; Chas. A. Bliss, Sacramento, Sacramento, Amadon, Yolo & El Dorado Counties; Thomas L. Carothers, Ukiah, Mendocino & Lake Counties; Ira H. Reed, San Andreas, Calaveras County; E. P. Foltz, Stockton, San Joaquin & Stanislaus Counties; Charles D. Harvey, Loomis, Placer Coun- ty; Ed Martin, Santa Cruz, Santa Cruz County; Paul C. Harlan, Fairfield, Solano County and Napa; A. A. Smith, Sonora, Tuolumne County. SOUTHERN DISTRICT. District Judge, Olin Wellborn, Los Angelos, Cal. Clerk District Court, Edward H. Owen, Los Angelos. Referees with Jurisdiction, Lyman Helm, Los Angelos, Referee for Los Angelos County; William G. Irving, Riverside, Referee for Riverside County; J. C. C. Russell, Hanford, Referee for Kings County; Ray Billing, sley, Santa Ana, Referee for Orange County; W. E. Shepherd, Ventura- Referee for Ventura County (resigned) ; Henry P. Starbuck, Santa Bar- bara, Referee for Santa Barbara County; J. Z. Tucker, San Diego, Referee for San Diego County; Wiley J. Tinnin, Fresno, Referee for Fresno Coun- ty; Charles L. Allison, San Bernardino, Referee for San Bernardino Coun- ty; Louis Lorny, San Louis Obispo, Referee for San Louis Obispo County; Arch McDonald, Madera, Referee for Madera County; E. L. Moore, Mer- ced, Referee for Merced and Mariposa Counties. COLORADO (8th Circuit.) District Judge, Moses Hallettt. Clerk District Court, Charles W. Bishop, Denver. The State is divided into nine Bankruptcy Districts. FIRST DISTRICT. Referees with Jurisdiction. David V. Burns and William B. Harri- son, Denver, Referees for the Counties of Arapahoe, Douglas, Elbert, Lincoln, Cheyenne, Kit Carson, Yuma, Phillips, Sedgwick, Washington, Logan, Morgan, Weld, Park, Jefferson, Clear Creek, Gilpin, Summit, Grand, Boulder and Larimer. SECOND DISTRICT. Referees with Jurisdiction. John B. Cochran, Colorado Springs, Ref- eree for the County of El Paso THIRD DISTRICT. Referees with Jurisdiction. Samuel D. Trimble, Pueblo, Referee for the Counties of Pueblo Fremont, Chaffee, Custer, Huerfano, Otero, Bent, Prowers, Kiowa. 514 JUDGES, CLERKS AND REFEREES. FOURTH DISTRICT. Referees with Jurisdiction. Robert T. Yeaman, Trinidad, Referee for the Counties of Las Animas and Baca. FIFTH DISTRICT. Referees with Jurisdiction. Ezra T. Elliott, Del Norte, Referee for the Counties of Rio Grande, Mineral, Sagauche, Costilla and Conejos. SIXTH DISTRICT. Referees with Jurisdiction. Chancellor T. Morgan, Durango, Referee for the Counties of La Plata, Archulita, Montezuma, San Juan, Dolores. SEVENTH DISTRICT. Referees with Jurisdiction. George S. Stephan, Delta, Referee for the Counties of San Miguel, Ouray, Hinsdale, Gunnison, Montrose, Delta and Mesa. EIGHTH DISTRICT. Referees with Jurisdiction. Jacob B. Philippi, Glenwood Springs, Referee for the Counties of Pitkin, Garfield, Rio Blanco, Routt. NINTH DISTRICT. Referees with Jurisdiction. William R. Kennedy; Leadville, James M. Binson, Cripple Creek, Referees for the Counties of Lake and Eagle. CONNECTICUT (2nd Circuit). District Judge, James P. Platt, Hartford, Conn. Clerk District Court, Edwin E. Marvin, Hartford. Referees with Jurisdiction. George A. Kellogg, Hartford, Referee for the Counties of Hartford and Tolland ; Henry G. Newton, New Havn.e Referee for New Haven County; John W. Banks, Bridgeport, Referee for Fairfield County; Gustaf B. Carlson, Middletown, Referee for Middle- sex County; Amos A. Browning, Norwich, Referee for New London Counk ty; John F. Carpenter, Putnam, Referee for Windham County; Fran- B. Munn, Winsted, Referee for Fairfield County. DELAWARE (3rd Circuit). District Judge, Edward G. Bradford, Wilmington. Clerk District Court, S. Rodman Smith, Wilmington. Referees with Jurisdiction, Arthur W. Spruance, Wilmington, referee for County of New Castle; George M. Jones, Dover, referee for Kent County; Charles F. Richards, Georgetown, Referee for Sussex County. JUDGES, CLERKS AND REFEREES. 515 DISTRICT OF COLUMBIA. Clerk of Supreme Court, John R. Young, Washington. Clerk of Court of Appeals, Robert Willett, Washington. Referees for District, Edward S. McCalmont, 409 Columbian Building,' and Charles H. Ames, 458 La Ave., N. W. FLORIDA (5th Circuit). NORTHERN DISTRICT. District Judge, Charles Swayne, Pensacola. Clerk, District Court, Frederick W. Marsh, Pensacola. Referees with Jurisdiction. K. Nichols, Pensacola; E. R. Sprague," Funiak Springs; J. J. Hodges, Tallahassee. These Referees have con- current jurisdiction for the Counties of Calhoun, Escambia, Franklin, Gadsden, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Santa Rosa, Taylor, Wakulla, Walton, Washington. SOUTHERN DISTRICT. District Judge, James W. Locke, Jacksonville. Clerk District Court, Eugene O. Locke, Jacksonville. Referees with Jurisdiction. George M. Powell, Jacksonville, Referee for Counties of Duval, Nassau, St. John, Volusia, Putnam, Clay; Frank De Ferro, Lake City; Counties of Madison, Hamilton, Suwaunee and Columbia; E. E. Voyle, Gainsville, Alackua, Bradford, Marion and Lake; William Hunter, Tampa, Central Division Southern District, Counties of Hillsboro, Citrus, Sumpter, Hernando, Pasco, Manatee, Polk, De Soto, Sea, Osceola, Orange; W. R. Anno, Miami, Dade and Brevard; J. M. Phipps, Key West, Referee for County of Monroe. GEORGIA (5th Circuit). NORTHERN DISTRICT. District Judge, W. T. Newman, Atlanta. Clerk District Court, W. C. Carter, Atlanta. Referees with Jurisdiction, Percy H. Adams, Atlanta, Referee for the Counties of Fulton, De Kalb and Campbell; C. D. McCutcheon, Dalton, Referee for the Counties of Whitfield, Murray, Catoosa, Dade, Bartow, Gordon; George D. Anderson, Marietta, Referee for the Counties of Cobb, Cherokee, Pickens, Gilmer, Fannin, Milton; Clifford M. Walker, Monroe, Referee for the Counties of Walton, Morgan, Greene, Newton, Gwinnett, White, Towns, Lumkin, Hall, Forsyth, Rockdale; R. O. Jones, Newman, Referee for the Counties of Coweta, Heard, Meriweather, Troup; W. S. Rowell, Rome, Referee for the Counties of Floyd, Chattooga, Waiver, Polk, Paulding; S. E. Grow, Carrollton, Referee for the Counties of Carroll, 516 JUDGES, CLERKS AND REFEREES. Douglas, Harralson; Frank U. Garsard, Columbus, Referee for the Counties of Muscogee, Harris, Talbot, Taylor, Chattahoochee, Marion, Schley; H. A.Wilkinson, Cuthbert, Referee for the Counties of Stewart, Webster, Quitman, Randolph, Terrell, Clay, Early, Miller. SOUTHERN DISTRICT. District Judge, Emory Speer, Macon. EASTERN DIVISION. Clerk District Court, H. H. King, Savannah. Referees with Jurisdiction, A. H. MacDonnell, Savanah, Referee for the Counties of Chatham, Bryan, Liberty, Tatnall, Montgomery, Eman- uel, Bullock, Screven and Effingham; J. H. Merrill, Bainbridge, Referee for the Counties of Decatur, Thomas, Brooks, Colquitt, Worth, Irwin, Coffee, Berrien, Lowndes, Clinch and Echol; Alfred J. Crovatt, Bruns- wich, Referee for the Counties of Mclntosh, Glynn, Camden, Charlton, Pierce, Ware, Appling and Wayne. NORTH-EASTERN DIVISION. Clerk District Court, George K. Calvin, Augusta. Referees with Jurisdiction, Joseph Gunahl, Augusta, Referee for the Counties of Burke, Columbia, Glasscock, Jefferson, Johnson, McDuffie, Richmond, Washington, Warren, Lincoln, Tolieferre, Wilkes. WESTERN DIVISION. Deputy District Clerk, Lenoir M. Erwin, Macon. Referees with Jurisdiction, Alexander Proudfit, Macon, Referee for the Counties of Baker, Baldwin, Bibb, Butts, Calhoun, Crawford, Dodge, Dooley, Dougherty, Hancock, Houston, Jaspar, Jones, Laurens, Lee, Ma- con, Mitchell, Monroe, Pike, Pulaski, Putnam, Sumter, Telf air, Twiggs, Upson, Webster, Wilcox and Wilkerson. HAWAII. District Judge, Morris M. Estee, Honolulu. Clerk District Court, Walter B. Maling, Honolulu. IDAHO (9th Circuit). District Judge, James H. Beatty, Boise. Clerk District Court, Alonzo L. Richardson, Boise. Referees with Jurisdiction, Warren Truitt, Moscow, Referee for Latah County; W. A. Brodhead, Harley, Referee for Elaine County; A. C. Kearns Wallace, Referee for Shoshone County (resigned) ; J. H. Padghaur, Salmon City, Referee for Lemhi County (resigned) ; Niles W. Tate, Boise, Referee for Ada County (resigned) ; Fred G. Cal dwell, Pocatello, Referee for Bannock County; W. A. Hall, Grangeville, Referee for Idaho County; JUDGES, CLERKS AND REFEREES. 517 Jesse R. S. Budge, Montpelier, Referee for Bear Lake County; Douglas M. Todd, St. Anthony, Referee for Fremont County; L. H. Johnston, Challis, Referee for Custer County; Robert S. McCrea, Rademani, Referee for Kootenai County; John C. Rice, Caldwell, Referee for Canyon County (resigned) ; Van W. Hasbrouck, Lewiston, Referee for Nez Perces County; George F. Mahoney, Mountain Home, Referee for Elmore ^County; S. H. Travis, Weiser, Referee for Washington County. ILLINOIS (7th Circuit). NORTHERN DISTRICT. NORTHERN DIVISION. District Judge, C. C. Kohlsaat, Chicago. District Clerk, T. C. MacMillen, Monadnock Block, Chicago. Referees with Jurisdiction. Frank L. Wean, Sidney C. Eastman, Ref- erees for the Counties of Cook, Lake and McHenry ; Morrill Sprague, Joliet, Referee for the Counties of Will, Grundy and Kankakee ;lFred A. Dolph, Aurora, Referee for the Counties of DuPage, Kane, Kendall and De Kalb; H. G. Cook, Ottawa, Referee for the Counties of La Salle and Bureau. Arthur E. Fisher, Rockford, Referee for the Counties of Boone, Winnebago, Stephenson and Jo Daviess; Henry S. Dickson, Dixon, Ref- eree for the Counties of Lee, Whiteside, Ogle and Carroll. SOUTHERN DIVISION. Rdferees with Jurisdictions. David McCulloch, Peoria, Referee for the Counties of Peoria, Woodford, Stark, Tazewell, Marshall and Put- nam; Claude E. Chiperfield, Canton, Referee for the Counties of Fulton and McDonough; Adair Pleasants, Rock Island, Referee for the Counties of Rock Island, Henry, Mercer; LeRoy Wharton, Galesburg, Referee for the Counties of Knox, Warren and Henderson. H. G. Greenebaum, Pontiac, Referee for the Counties of Livingston and Iroquois. SOUTHERN DISTRICT. District Judge, J. Otis Humphrey, Springfield. Clerk District Court, Robert C. Brown, Springfield. Referees with Jurisdictions. Edward S. Robinson, Springfield, Ref- eree for the Counties of Adams, Alexander, Bond, Brown, Calhoun, Cass Champaign, Christian, Clark, Clay, Clinton, Coles, Crawford, Cumber- land, DeWitt, Douglas, Edgar, Edwards, Effingham, Fayette, Ford, Franklin, Gallatin, Greene, Hamilton, Hancock, Hardin, Jackson, Jas- per, Jefferson, Jersey, Johnston, Lawrence, Logan, Moultrie, Macon, Ma- coupin, Madison, Marion, Mason, Massac, McLean, Menard, Monroe, Montgomery, Morgan, Perry, Pratt, Pike, Pope, Pulaski.^Randolph, Rich- land, St. Clair, Saline, Sangamon, Schuyler, Scott, Shelby, Union, Ver- milion, Wabash, Washington, Wayne, White and Williamson. 518 JUDGES, CLERKS AND REFEREES. INDIANA (7th Circuit). District Judge, John H. Baker, Indianapolis. Clerk District Court, Noble C. Butler, Indianapolis. FIRST DISTRICT. Referees with Jurisdiction. Orville W. McGinnis, Evansville, Referee for the Counties of Posey, Gibson, Pike, Dnbois, Spencer, Warrick and Vanderburg. SECOND DISTRICT. Lawrence B. Huckeby, New Albany, Referee for the Counties of Perry, Crawford, Orange, Washington, Harrison, Floyd, Clark and Scott. THIRD DISTRICT. Minor F. Pate, Bloomfield, Referee for the Counties of Sullivan, Owen, Greene, Daviess, Martin, Lawrence and Monroe. FOURTH DISTRICT. Thomas C. Batchelor, Vernon, Referee for the Counties of Brown, Bartholomew, Jackson, Jennings, Decatur, Ripley, Jefferson, Dearborn, Ohio and Switzerland. FIFTH DISTRICT. Horace C. Pugh, Terre Haute, Referee for the Counties of Vigo, Vermilion, Parke, Clay, Putnam, Hendricks and Mor- gan. SIXTH DISTRICT. Albert Rabb, Indianapolis, Referee for the Coun- ties of Marion and Johnson. SEVENTH DISTRICT. Clay C. Hunt, New Castle, Referee for the Coun- ties of Hancock, Shelby, Rush, Henry, Wayne, Fayette, Union and Franklin. EIGHTH DISTRICT. Charles A. Burnett, Lafayette, Referee for the Counties of Fountain, Warren, Benton, White, Tippecanoe and Mont- gomery. NINTH DISTRICT. Harry C. Sheridan, Frankfort, Referee for the Counties of linton, Boone, Howard, Tipton and Hamilton. TENTH DISTRICT. John W. Ryan, Muncie, Referee for the Counties of Madison, Delaware, Blackford, Wells, Adams, Jay and Randolph. ELEVENTH DISTRICT. Frank Swigart, Logansport, Referee for the Counties of Carroll, Cass, Miami, Wabash, Huntington and Grant. TWELFTH DISTRICT. John O. Bowers, Hammond, Referee for the Counties of Newton, Lake, Porter, Jasper, Pulaski and Starke. THIRTEENTH DISTRICT. Frank E. Lambert, South Bend, Referee for the Counties of LaPorte, St. Joseph, Marshall, Fulton, Elkhart and Kos- ciusko. FOURTEENTH DISTRICT. Augustin|A. Chapin, Ft. Wayne, Referee for the Counties of La Grange, Noble, Whitley, Steuben, DeKalb and Allen. JUDGES, CLERKS AND REFEREES. 519 INDIAN TERRITORY (8th Circuit). NORTHERN DISTRICT. Judges, Joseph A. Gill, Vinita. Clerk District Court, Charles A. Davidson, Vinita. Deputy District Clerks, Robert C. Hunter, Claremore; Thos. C. John- son, Herbert C. Smith, Tahlequah. Dennis H. Wilson, Vinita, and James H. Huckleberry, Sallisand, Referee for district. CENTRAL DISTRICT. Judge, Wm. H. H. Clayton, South McAlester. Clerk District Court, E. J. Fannin, South McAlester. Referees for the District which comprises the Choctow Nation, James S. Arnote, South McAlester; P. C. Bolger, Poteau; Eugene Easton, Ant- -ers and C. H. Elting, Caddo. WESTERN DISTRICT. The District comprises the Creek and Seminole nations and portions of the Cherokee and Choctow nations adjacent to the eastern and south- ern boundary of Creek nation. District Judge, Charles W. Raymond, Muscogee. Clerk District Court, Robert P. Harrison, Muscogee. Thos. A. Sanson, Muskogee, Referee for District. SOUTHERN DISTRICT. District Judge, Hosea Townsend, Ardmore. Clerk District Court, C. M. Campbell, Ardmore. ARDMORE DIVISION. Deputy Clerk District Court, N. H. McCoy, Ardmore. John Hinkle, Ardmore, Referee, Pickens Co. PAULS VALLEY DIVISION. Deputy District Clerk, J. T. Fleming, Pauls Valley. T. N. Robnett, Referee, Pauls Valley. CHICASHA DIVISION. Deputy Clerk, J. W. Speake, Chicasha. Z. E. Taylor, Referee for Indian Territory. RYAN DIVISION. Deputy Clerk, S. H. Wootton, Ryan. Eugene Hamilton, Chickasha, Referee for Chickasha and Ryan. 520 JUDGES, CLERKS AND REFEREES. PURCELL DIVISION. Deputy Clerk, T. G. Green, Purcell. George M. Miller, Referee, Purcell. IOWA (8th Circuit) . NORTHERN DISTRICT. District Judge, O. P. Shiras, Dubuque. Clerk District Court, Alonzo J. Van Duzee, Dubuque. Referees with Jurisdiction. C. S. Stillwell, Waukon, Alamakee County; W. A. Leathers, Dubuque, Dubuque, Delaware and Clayton Counties; F. W. Myatt, Maquoketa, Jackson County; M. W. Harmon, Independence, Buchanan County; W. J. Rogers, West Union, Fayette; R. F. B. Portman, Decorah, Winnesheik; M. M. Moon, Cresco, Howard; E. L. Smalley, Wa- verly, BremerjW. P. Hoxie, Waterloo, Blackhawk and Grundy; J. S. Bradley, Charles City, Floyd; A. E. Roberts, Osage, Mitchell; J. S. Stacy, Anamosa, Jones; J. S. Anderson, Cedar Rapids, Linn and Cedar Coun- ties; J.G. Marner, Iowa City, Johnson; Fred K. Feenan, Marengo, Iowa; C. I. Vail, Blairstown, Benton County; C. J. Stevens, Montour, Tama County; Charles O. Ryan, Eldora, Hardin County; L. F. Sutton, Clin- ton, Clinton County; C. C. Doolittle, Estherville, Emmet County; W. H. Morling, Emmetsburg, Palo Alto County; W. C. Ralston, Pocahontas, Pocahontas County; J. C. Kerr, Calhoun, Rockwell City County; J. C. Raymond, Algona, Kossuth County; G. S. Garfield, Humboldt, Hum- boldt County; Frank Farrell, Ft. Dodge, Webster County; Thomas A. Kingland, Forest City, Winnebago County; Wesley Aldridge, Britt, Han- cock County; Porter Donly, Eagle Grove, Wright County; W. J. Covil, Webster City, Hamilton County; A. H. Cummings, Mason City, Worth and Cerro Gordo Counties; Henry White, Hampton, Franklin and Butler Counties; G. W. Patterson, Spencer, Dickinson and Clay Counties; Mark M. Moulton, Storm Lake, Buena Vista County; H. L. Loft, Cherokee, Cherokee County; W. D. Brown, Onawa, Sac, Monona and Ida Counties; J. L. E. Peck, Primghar, O'Brien County; J. W. Kachelhoffer, Rock Rap- ids, Lyon; John E. Orr, Orange City, Sioux County; C. L. Joy, Sioux Cit.y Plymouth and Woodbury Counties. SOUTHERN DISTRICT. District Judge, Smith McPherson, Red Oak. Clerk District Court, Wm. R. McArthur, Des Moines. Referees with Jurisdiction, Hillbause Buell, Keokuk, Referee for the Counties of Lee and Van Buren; La Monte Cowles, Burlington, Referee for the Counties of Des Moines and Louisa; Joseph E. Ells, Muscatine, Referee for the County of Muscatine; John M. Helmick, Davenport, Referee for the County of Scott; Henry M. Eicher, Washington, Referee JUDGES, CLERKS AND REFEREES. 521 for the Counties of Keokuk and Washington; Roger C. Galer, Mt. Pleasant, Referee for the Counties of Henry and Jefferson; A. W. Enode, Ottawa, Referee for the Counties of Davis and Wapello; Will C. Rayburn, Grin- nell, Referee for the County of Powershick; Graham W. Laurence, Mar- shalltown, Referee for the County of Marshall; Oliver C. Meredith, New- ton, Referee for the County of Jasper; Irving C. Johnson, Oskaloosa, Referee for the Counties of Mahaska and Marion; Clarence S. Wyckoff, Ccntcrville, Referee for the Counties of Appanoose and Munroe; Warren S. Dungan, Chanton, Referee for Lucas County; John W. Freeland, Corydon, Referee for the Counties of Wayne, Decatur and Clarke; Stephen S. Ethridge, Des Moines, Referee for the Counties of Polk, Warren and Madison; Arthur T. Browne, Boone, Referee for the Counties of Boone, Strong and Greene; Hugh M. Fry, Creston, Referee for the Counties of Union, Taylor, Ringgold and Adair; M. J. Hallenan, Bayard, Referee for the Counties of Guthrie and Dallas; William R. Lee, Carroll, Referee for the Counties of Carroll and Crawford; Joseph B. Rockafellow, Atlantic Referee for the Counties of Cass, Audubon; H. C. French, Red Oak, Referee for the Counties of Page, Montgomery, Fremont Adams and Mills; Wingfield S. Mayne, Council Bluffs, Referee for the Counties of Pot- tawattamie, Mills, Harrison, Shelby.; KANSAS (8th Circuit). District Judge, William C. Hook, Leavenworth. Clerk District Court, Frank L. Brown, Topeka. Referees with Jurisdiction, J. G. Slonecker, Topeka, Referee for the Counties of Washington, Riley, Jackson, Wabaunsee, Morris, Osage, Frank lin, Marshall, Pottawatomie, Geary, Shawnee, Lyon and Douglas; Thomas J. White, Kansas City, Referee for the Counties of Doniphan, Leavenworth, Johnson, Jefferson, Memaha, Atchinson, Wyandotte and Brown; Zarah C. Millikin, Salina, Referee for the Counties of Clay, Mc- Pherson, Ottawa, Republic, Mitchell, Ellsworth, Osborne, Ellis, Phillips, Graham, Gore, Decatur, Thomas, Wallace, Cheyenne, Dickinson, Saline, Cloud, Jewell, Lincoln, Russell, Smith, Rooks, Trego, Norton, Sheridan, Logan, Rawlins and Sherman; Charles E. Cory, Ft. Scott, Referee for the Counties of Greenwood, Chautauqua, Woodson, Montgomery, Allen, Labettee, Bourbon, Cherokee, Elk, Coffey, Wilson, Anderson, Neosho, Linn, Crawford and Miami; Thomas B. Wall, Wichita, Referee for the Counties of Chase, Cowley, Harvey, Sumner, Kingman, Rice, Stafford, Barber, Pawnee, Kiowa, Ness, Ford, Lane, Meade, Finney, Seward, Kearney, Stevens, Hamilton, Morton, Butler, Marion, Sedgwick, Harper, Reno, Barton, Pratt, Rush, Edwards, Comanche, Hodgeman, Clark, Gray, Scott, Haskell, Wichita, Grant, Greeley and Stanton. 522 JUDGES, CLERKS AND REFEREES. KENTUCKY (6th Circuit). EASTERN DISTRICT. District Judge, Andrew N. J. Cochran, Maysville. Clerk District Court, Joseph C. Finnell, Covington, and Walter G. Chapman, Frankfort. Referees with Jurisdiction, J. W. Tutle, Monticello, Referee for the Counties of Wayne, Pulaski and Whitley; W. W. Tinsley, Barbourville, Referee for the Counties of Knox, Clay, Bell, Harlan, Leslie, Licher, Perry and Knott; J. M. Saunders, Stanford, Referee for the Counties of Lincoln, Rockcastle, Jackson and Laurel; Thomas H. Hardin, Harrod- burg, Referee for the Counties of Mercer, Boyle, Garrord and Anderson; D. W. Lindsey, Frankfort, Referee for the Counties of Franklin, Owen, Henry, Shelby, Woodford and Scott; Martin M. Durrett, Covington, Referee for the Counties of Kenton, Campbell, Grant, Pendleton, Boone, Gallatin, Carroll and Trimble; H. Clay Howard, Paris, Referee for the Counties of Bourbon, Harrison and Nicholas; C. Suydam Scott, Lexing- ton, Referee for the Counties of Fayette and Jessamine; R. W. Miller, Richmond, Referee for the Counties of Madison, Clarke and Estill; Thomas R. Phister, Maysville, Referee for the Counties of Mason, Bracken, Robertson and Fleming; A. T. Wood, Mt. Sterling, Referee for the Coun- ties of Montgomery, Bath, Rowan, Merrifee, Elliott and Morgan; G. W. Gourley, Beattyville, Referee for the Counties of Lee, Powell, Wolfe, Owsley.Breathitt; P. K. Malin, Ashland, Referee for the Counties of Boyd, Greenup, Lewis, Carter, Lawrence, Floyd, Magoffin, Johnson, Pike and Martin. WESTERN DISTRICT. District Judge, Walter Evans, Louisville. Clerk District Court, Thomas Speed, Louisville; Thos. Speed, Owens- boro. Referees with Jurisdiction, W. P. Lee, Mayfield, Referee for Counties of Carlisle, Fulton, Graves, Hickman; E. W. Bagby, Paducah, Referee for Counties of Livingston, Ballard, Calloway, McCracken and Marshall J. I. Landes, Hopkinsville, Referee for Counties of Caldwell, Crittenden, Lyon, Trigg, Hopkins, Christian, Webster; John A. Dean, Owensboro, Referee for Counties of Henderson, Union, McLean, Daviess, Ohio, Han- cock, Breckenridge; J. Caldwell Browder, Russellville, Referee for the County of Logan; C. W. Millikeri, Bowling Green, Referee for the Coun- ties of Allen, Edmondson, Simpson, Warren; A. B. Montgomery, Eliza- bethtown, Referee for the County of Hardin; H. C. Gorin, Glasgow, Referee for the Counties of Clinton, Cumberland, Metcalfe, Barren, Monroe, Russell; John B. Baskin, Louisville, Referee for the Counties of Oldham, Spencer, Nelson, Jefferson, Bullitt, Meade; W. J. Lisle, Le- banon, Referee for County of Marion. JUDGES, CLERKS AND REFEREES. 523 LOUISIANA (5th Circuit). EASTERN DISTRICT. District Judge, Charles Parlange, New Orleans. Clerk District Court, Frank H. Mortimer, New Orleans. Referees with Jurisdiction. Wm A. Bell, New Orleans, Referee for Parish of Orleans and adjoining parishes; J. H. Morrison, New Roads, La., Referee for Parishes of Pointe Coupee, East and West Feliciana, East and West Baton Rouge, Iberville and Ascension; John L. Peytavin, Union, Referee for the Parishes of St. John the Baptist, St. Charles, Jefferson, Plaquemines and St. Bernard; Louis U. Folse, Napoleon ville, Referee for Parishes of Iberia, Assumption, St. James, St. Mary, Terribonne and Lafourche. WESTERN DISTRICT. District Judge, Aleck Boarman, Shreveport. Clerk District Court, Walter Jackson, Shreveport. Referees with Jurisdiction. Thomas T. Taylor, Lake Charles, Referee for Parishes of Rapids, Grant, Catahoula, Winn, Natchitoches, Arcadia, Calcasieu, Vermilion, St. Martin, Lafayette, St. Landy, Avoyelles and Vermors; Percy Sandel, Monroe; A. D. Land, Jr., Shreveport. District includes Counties of Avoyelles, Arcadia, Bienvill'e, Bossier, Caddo, Calcasieu, Caldwell, Cameron, Catahoula, Clairborne, Concordia, DeSota, East Carroll, Franklin, Grant, Jackson, Lafayette, Lincoln, Madison, Morehouse, Natchitoches, Ouachita, Rapids, Red River, Rich- land, Sabine, St. Landry, St. Martin, Tensas, Union, Vermilion, Vernon, Webster, West Carroll and Winn. MAINE (1st Circuit). District Judge, Clarence Hale, Portland. Clerk District Court, A. H. Davis, Portland. Referees with Jurisdiction. Henry W. Oakes, Auburn, Referee for Androscoggin County; Edwin L. Vail, Houlton, Referee for Aroostock County; Lewis Pierce, Portland, Referee for Cumberland County; John B. Redman, Ellsworth, Referee for Hancock County; Fremont J. C. Little, Augusta, Referee for Kennebec County; Lewis F. Starrett, Rock- land, Referee for Knox County; George A. Wilson, South Paris, Referee for Oxford County; John R. Mason, Bangor, Referee for Penobscot Coun- ty; John F. Sprague, Monson, Referee for Piscataquis County; William T. Hall, Jr., Bath, Referee for Sagadahoc and Lincoln Counties; Daniel Lewis, Showegan, Referee for Somerset County; William P. Thompson, Belfast, Referee for Waldo County; Clement B. Donworth, Machias, Referee for Washington County; John B. Donovan, Alfred, Referee for York County. 524 JUDGES, CLERKS AND REFEREES. MARYLAND (4th Circuit) . District Judge, Thomas J. Morris, Baltimore. Clerk District Court, James W. Chew, Baltimore. Referees with Jurisdiction. Thomas F. Hisky, 215 N. Charles St., Baltimore; Daniel L. Brinton, Low Building, Baltimore, Thomas Foley Baltimore, Referees for Baltimore City; Walter J. Mitchell, La Plata, Referee for Charles, St. Mary's and Calvert Counties; Edwin Y. Golds- borough, Frederick, Referee for Frederick and Montgomery Counties; Emanuel W. Herman, Towson, Referee for County of Baltimore; E. Oliver Grimes, Jr., Westminster, Referee for Carroll County; Clarence W. Perkins, Chestertown, Referee for Kent, Queen Anne's, Talbot, Caro- line and Dorchester Counties; Albert A. Daub, Cumberland, Referee for Alleghany and Garrett Counties; William T. Warburton, Elkton, Referee for Cecil County; Peter L. Hopper, Havre de Grace, Referee forHarford County; John D. Parker, 220 St. Paul St., Baltimore, Referee for Counties of Anne, Arundel, Howard and Prince George. MASSACHUSETTS (1st Circuit). District Judge, Francis C. Lowell, Boston. Clerk District Court, Frank H. Mason, Boston. Referees with Jurisdiction. Charles E. Burke, Pittsfield, Referee for Berkshire County; Clifford P. Sherman, New Bedford, Referee for Coun- ties Bristol, Nantucket and Dukes; Wm. Perry, Salem, Referee for Essex County; Archibald D. Flower, Greenfield, Referee for Franklin County, Charles W. Bosworth, Springfield, Referee for Hampden County; Edward L. Shaw, Easthampton, Referee for the County of Hampshire; Henry E- Warner, Lincoln, Referee for County of Middlesex; George W. Stetson, Middleboro, Referee for the Counties of Plymouth and Barnstable; James M. Olmstead and Lewis G. Farmer, Boston, Referees for the Counties of Suffolk; Charles F. Aldrich, Worcester, Referee for the County of Wor- cester. MICHIGAN (6th Circuit). EASTERN DISTRICT. District Judge, Henry M. Swan, Detroit. Clerk District Court, D. J. Davison, Detroit. NORTHERN DIVISION. Referees with Jurisdiction. Chester L. Collins, Bay City, Referee for Counties of Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Genesee, Gladwin, Gratiot, Huron, losco, Isabella, Midland, Montmorency, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, Shiwassee and Tuscola; Harlow P. Davock, Detroit, Referee for Counties of Branch, JUDGES, CLERKS AND REFEREES. 525 Calhoun, Clinton, Hillsdale, Inhgam, Jackson, Lapeer, Lenowee, Living- ston, Macomb, Monroe, Oakland, St. Clair, Sanilac, Washtenaw and Wayne. WESTERN DISTRICT. District Judge, George P. Wanty, Grand Rapids. Clerk District Court, John McQuewan, Grand Rapids. NORTHERN DIVISION. Benj. O. Pearl, Marquette, Referee for Counties of Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee, Ontonagon and Schoolcraft (entire upper peninsula). SOUTHERN DIVISION. Referees with Jurisdiction. Alfred H. Hunt, Grand Rapids, Referee for Counties of Kent, Ottawa, lona, Muskegon, Newaygo, Oceana, Mason, Lake, Manistee, Benzie, Leelanaw, Grand Traverse, Antrim, Kalkaska, Wexford, Osceola, Mecosta, Montcalm, Clinton, Missaukee,|Charlevoix and Emmet; H. C. Briggs, Kalamazoo, Referee for the Counties of Allegan, Barry, Eaton, Kalamazoo, St. Joseph, Cass, Berrien and Van Buren. MINNESOTA (8th Circuit). District Judge, William Lochren, Minneapolis. Clerk District Court, Charles L. Spencer, St. Paul. FIRST DIVISION. Referees with Jurisdiction, William Burns, Winona, Referee for Counties of Winona, Wabasha, Olmstead, Dodge, Steele, Fill- more, Houston and Mower. SECOND DIVISION. Jean A. Flittie, Mankato, Referee for the Coun- ties of Freeborn, Faribault, Martin, Jackson, Nobles, Rock, Pipestone, Murray, Cottonwood, Watonwan, Blue Earth, Waseca, Sucar, Nicol- let, Brown, Redwood, Lyon, Lincoln, Yellow, Medicine, Sibley, Lac qui Parle. THIRD DIVISION. Michael Dorn, St. Paul, Referee for Counties of Chicago, Washington Ramsey, Dakota,' Goodhue and Scott; E. S. Bas- sett, Faribault, Referee for County of Rice. FOURTH DIVISION. O. C. Merriman, Minneapolis, Referee for Counties of Hennepin, Wright, Renville, McLeod, Carver, Anoka, Sherburne and Isanti; E. W. Campbell, Litchfield, Referee, Meeker, Kandioyhi, Chip- pewa, Swift. FIFTH DIVISION. Crawford Sheldon, Little Falls, H. F. Greene, Du- luth, Referees for Counties of Cook, Lake, St. Louis, Itasca, Cass, Crow Wing, Aitkin, Carlton, Pine, Kanabec, Millelac, Morrison and Benton. 526 JUDGES, CLERKS AND REFEREES. SIXTH DIVISION. Ole J. Vaule, Crookston, Referee for Clay, Nor- man, Polk, Marshall, Kittison, Red Lake, Rosecan, Beltram, Clear Water. Columbia; William L. Parsons, Fergus Falls, Referee for the Counties of Stearns, Pope, Stevens, Big Stone, Traverse, Grant, Douglas, Todd, Ottertail, Wilkins, and Southern part of Clay, Becker and Hubbard. MISSISSIPPI (5th Circuit.) NORTHERN DISTRICT. District Judge, Henry C. Niles, Kosciusko. Clerk District Court, ]. S. Burton, Oxford. Referees with Jurisdiction, John A. David, Kosciusko, Referee in bankruptcy for the Counties of Winston, Choctaw, Coahoma, Carroll, Tunica, Attala, Desoto, Tate, Marshall, Panola, Tippah, Tisomingo, Al- corn, Prentiss, Itawamba, Union, Lownds, Oktibbeha, Benton, Lee, Mont- gomery, Grenada, Tallehatchee. La Fayette, Pontotoc, Monroe, Chickasaw, Webster, Clay, Calhoun, Quitman, and Yalabushe; B. T. Markette, Clarks- dale, Referee for the entire District, which includes the Counties of De Soto Yalobusha, Coahoma, Lafayette, Marshall, Tunica, Quitman, Talla- hatchie, Grenada, Benton, Tate and Panola. SOUTHERN DISTRICT. District Judge, Henry C. Niles, Kosciusko. Clerk District Court, L. B. Moseley, Jackson. Referees with Jurisdiction, J. B. Sterling, Jackson, Referee for Counties of Adams, Amite, Copiah, Covington, Franklin, Hinds, Holmes, Jeffer- son, Lawrence, Lincoln, Leflore, Madison, Pike, Rankin, Simson, Smith, Scott, Wilkinson Yazoo, Greene, Hancock, Harrison, Jackson, Marion, Perry and Pearl River; W. T. Houston, Meridian, Referee for Counties of Clarke, Jones, Jasper, Kemper, Lauderdale, Leake, Neshoba, Newton, Noxubee and Wayne; E. H. Mounger, Vicksburg, Referee for Counties of Bolivar, Clairborne, Issaquena, Sharkey, Sunflower, Warren and Washington. MISSOURI (8th Circuit). EASTERN DISTRICT. District Judge, Elmer B. Adams, St. Louis. EASTERN DIVISION. Clerk District Court, William Morgan, St. Louis Referees with Jurisdiction, Walter D. Coles, St. Louis, Referee for City of St. Louis; Alexander Ross, Cape Girardeau, Referee for Counties of Cape Girardeau, Scott, Mississippi, Stoddard, Butler, New Madrid, Dunklin and Pemiscot; G. P. Smith, Montgomery City, and Sherman T. JUDGES, CLERKS AND REFEREES. 527 Gresham, Farmington, Referees for the Counties of Anderson, Bellinger, Carter, Crawford, Dent, Franklin, Gasconade, Iron, Jefferson, Lincoln, Madison, Montgomery, Oregon, Perry, Reynolds, Ripley, St. Charles, St. Francis, Ste. Genevieve, St. Louis, Shannon, Warren, Washington, and Wayne. NORTHERN DIVISION. Clerk District Court, Geo. C. Moore, Hannibal. Referees with Jurisdictions. Frederick W. Neeper," Guaranty Building, Hannibal, Referee for the Counties of Macon, Marion, Monroe, Ran- dolph, Lewis, Adair, Scotland, Schuyler, Pike, Rails, Knox, Clark and Shelby. WESTERN DISTRICT. Judge District Court, John F. Philips, Kansas City. WESTERN DIVISION. Clerk District Court, John M. Nuckols, Kansas City. Referee with Jurisdictions. Thomas T. Crittenden, Kansas City, Ref- eree for the Counties of Barton, Bates, Caldwell, Carroll, Cass, Chariton, Clay, Grundy, Henry, Jackson, Jasper, Johnson, Lafayette, Linn, Liv- ingston, Mercer, Putnam, Ray, St. Clair, Saline, Sullivan and Vernon. SOUTHERN DIVISION. Clerk District Court, Geo. Pepperdine, Springfield. Referee with Jurisdictions. George S. Rathbun, Springfield, Referee for the Counties of Christian, Cedar, Dade, Dallas, Douglass, Greene, Howell, Laclede, Ozark, Polk, Pulaski, Taney, Texas, Webster and Wright. CENTRAL DIVISION. Clerk District Court, Henry C. Geisberg, Jefferson City. Referees with Jurisdictions. John Montgomery, Jr., Sedalia, Referee for the Counties of Benton, Boone, Callaway, Cooper, Camden, Cole, Hickory, Howard, Maries, Miller, Moniteau, Morgan, Osage, Pettis and Phelps. ST. JOSEPH DIVISION. Clerk District Court, Calvin C. Colt, St. Joseph. Referee with Jurisdictions. Woodson, St. Joseph, Referee for the Counties of Andrew, Atchison, Buchanan, Clinton, Daviess, DeKalb, Gentry, Holt, Harrison, Nodaway, Platte and Worth. JOPLIN DIVISION. Clerk District Court, , Springfield, Mo. 528 JUDGES, CLERKS AND REFEREES. Referee with Jurisdictions. A. E. Spencer, Joplin, Mo., Referee for Counties of Jasper, McDonald, Stone, Barry, Newton, Barton, Vernon. MONTANA (9th Circuit). District Judge, Hiram Knowles, Helena. Clerk District Court, George W. Sproule, Helena. Referees with Jurisdiction. Distrcit No. 1. Thompson Campbell, Butte, Referee for Counties of Beaverhead, Deer Lodge, Madison, Silver Bow, Ravalli, Granite and Missoula; District No. 2. S. A. Balliet, Helena, Referee for the Counties of Broadwater, Gallatin, Jefferson, Lewis and Clark and Meagher; District No. 3. , Missoula, in- cludes Counties of Granite, Missoula and Ravalli; District No. 4. , Great Falls, Referee for Counties of Choteau, Cascade, Fergus, Flathead, Teton, and Valley; District No. 5. Henry A. Frith, Billings, Referee for the Counties of Carbon, Custer, Dawson, Park, Sweet Grass, Yellowstone and Roseland. NEBRASKA (8th Circuit). District Judge, William H. Munger, Omaha. Clerk District Court, R. C. Hoyt, Omaha. Referees with Jurisdiction. Ernest C. Eames, and E. E. Spencer, Lin- coln, Referees for the Counties of Lancaster, Saline, Johnson and Seward; Charles E. Clapp and W. H. Heedman, Omaha, Referees for the Counties of Douglas, Sarpy, Washington, Bart and Cass. John A. Davies, Platts- mouth, Referee for Cass County; E. S. Ricker, Chadron, Referee for the Counties of Dawes, Sioux, Box, Butte and Sheridan; James W. Eaton, Nebraska City, Referee for the Counties of Otoo, Nemaha and Richardson; August Wagner, Columbus, Referee for the Counties of Platte, Merrick, Nance, Boone, Colfax and Butler; F. W. Vaughn, Fremont, Referee for the Counties of Dodge, Cuming and Saunders; E. P. Weatherly, Nor- folk, Referee for Counties of Madison, Pierce, Stanton, Knox and Antelope; W. L. Kirkpatrick, York, Referee for the Counties of York, Polk, Hamil- ton and Filmore; A. C. Mayer, Grand Island, Referee for the Counties of Hall, Buffalo, Howard, Sherman Valley, Greely, Wheeler and Gar- field; Walter V. Hoagland, Kearney, Referee for the Counties of Dam- son, Lincoln, Logan, Keith, Deuel, Cheyenne, Kimball, Banner, Scotts Bluffs; Fulton Jack, Beatrice, Referee for the Counties of Gage, Pawnee, Jefferson and Thayer; James Britton, Wayne, Referee for the Counties of Wayne, Cedar, Dixon, Dakota, Thurston; J. I. White, Curtis, Referee for Counties of Perkins, Gasper, Frontier, Chase, Dundy, Hitchcock, Furnas, Red Willow and Hayes; J. A. Gardiner, Hastings, Referee for the Counties of Adams, Clay, Unokoll, Webster; G. Norberg, Holdrege, Referee for the Counties of Phelps, Kearney, Harlan and Franklin; J. H. Shinn, Broken Bow, Referee for the Counties of Custer, Loup, Blaine, JUDGES, CLERKS AND REFEREES. v 529 Thomas, Hooker and Grant; A. W. Scattergood, Ainsworth, Referee for Keyapaka, Cherry, Holt, Boyd and Rock. NEVADA (9th Circuit). District Judge, Thomas P. Hawley, Carson City. Clerk District Court, T. J. Edwards, Carson City. Referees with Jurisdiction. Samuel Platt, Carson City, Referee for the entire District. NEW HAMPSHIRE (1st District). District Judge, Edgar Aldrich, Littleton. Clerk District Court, Burns P. Hodgman, Concord. Referees with Jurisdictions. Fremont E. Shurtleff, Concord, Referee for the Counties of Rockingham, Hillsboro, Cheshire, Sullivan and Merri- mack; Dwight Hall, Dover, Referee for the Counties of Strafford, Bel- knap and Carroll; Benjamin H. Corning, Littleton, Referee for the Coun- ties of Coos and Grafton. NEW JERSEY (3rd Circuit). District Judge, Andrew Kirkpatrick, Newark. Clerk District Court, George T. Cranmer, Trenton. Referees with Jurisdiction. Clarence L. Cole, Atlantic City, Referee for Atlantic County; George J. Bergen, Camden, Referee for Camden County; Lewis T. Stevens, Cape May City, Referee for Cape May County; Frede- rick W. Leonard, Newark, Referee for Essex County; Edwin A. Lewis, Hoboken, Referee for Hunson County; Samuel D. Oliphant, Jr., Trenton, Referee for Mercer County; James Parker, Perth Amboy, Referee for Middlesex County; Frederick Parker, Freehold, Referee for Monmouth County; C. Franklin Wilson, Morristown, Referee for Morris County; John W. Harding, Paterson, Referee for Passaic County; William V. Steele, Somerville, Referee for Somerset and Himterdon Counties; At- wood L. DeCoster, Summit, Referee for Union County; William H. Morrow, Belvidere, Referee for Warren County. NEW MEXICO (8th Circuit). FIRST DISTRICT. Associate Justice, John R. McFie. Clerk District Court, Alfred M. Bergere, Santa Fe. Referees with Jurisdiction. Benjamin M. Read, Sante Fe, Referee for the Counties of Sante Fe, San Juan, Rio Arriba and Taos (resigned). SECOND DISTRICT. Associate Justice, Ben-j. S. Baker, Albuquerque. 530 JUDGES, CLERKS AND REFEREES. Clerk District Court, William E. Dame, Albuquerque. Referees with Juris sdictions. William D. Lee, Albuquerque, Referee for Bernalillo and Valencia and McKinley Counties. THIRD DISTRICT. Associate Judge, Frank W. Parker, Silver City. Clerk District Court, James P. Mitchell, Las Cruces. Referees with Jurisdictions. H. B. Holt, Las Cruces, Referee for the Counties of Grant, Donna, Ana, Sierra, Luna and Otero. FOURTH DISTRICT. Chief Justice, Wm. J. Mills, Las Vegas. Clerk District Court, Secundino Romero, Las Vegas. Referees with Jurisdictions. C. M. Bayne, Raton, Referee for the Coun- ties of Union, Colfax; S. B. Davis, Jr., Las Vegas, Referee for Counties of San Miguel, Guadalope and Mora. FIFTH DISTRICT. Associate Justice, Daniel H. McMillan, Socorro. Clerk District Court, John E. Griffith, Socorro. Referee with Jurisdictions. W. E. Kelley, Socorro, Referee for the Counties of Socorro, Lincoln, Chavez and Edely. NEW YORK (2nd Circuit). NORTHERN DISTRICT. District Judge, Geo. W. Ray, Norwich. Clerk District Court, W. C. Doolittle, Utica. Referees with Jurisdiction, R. A. Gunnison, Binghamton, Referee for the Counties of Boone, Chenango and Delaware; John M. Brainard, Au- burn, Referee for Cayuga County; Henry T. Kellogg, Plattsburg, Referee for the Counties of Clinton, Essex and Franklin; Charles L. Stone, Syra- cuse, Referee for the Counties of Cortlandand Madison; R. B. Fish, Ful- tonville, Referee for the. Counties of Fulton, Hamilton, Montgomery; W. H. Comstock, Utica, Referee for the Counties of Oneida and Herkimer; Joseph Atwell, Watertown, Referee for the Counties of Jefferson and Lewis; Nathan B. Smith, Pulaski, Referee for Oswego County; B. W. Hoye, Oneonta, Referee for Otsega County; Edwin A. King, Troy, Ref- eree for the Counties of Rensselaer and Washington; John C. Tulloch, Ogdensburg, Referee for St. Lawrence County; James Lee Scott, Sara- toga Springs, Referee for the Counties of Saratoga, Schnectady and Warren; William Lansing, Albany, Referee for Albany, Schoharie County; George S. Tarbell, Ithaca, Referee for the Counties of Tioga and Tomp- kins. JUDGES, CLERKS AND REFEREES. 531 SOUTHERN DISTRICT. District Judge, Geo. B. Adams, New York. Clerk District Court, Thomas Alexander, New York. Referees with Jurisdiction, Charles M. H. Arnold, Poughkeepsie, Referee for Duchess County; Walter C. Anthony, Newburgh, Referee for Orange County; Theodore Cuf 149 Broadway, Nathaniel S. Smith 302 Broadway, Stanley M. Dexter, 71 Broadway, Ernest Hall, 64 William street, George C. Holt, 34 Pine street, Macgrane Coxe, 63 Wall street, Seaman Miller, 346 Broadway, Peter B. Olney, 68 William street, Francis K. Pendle- ton, 27 Williams street, N. A. Prentiss, 120 Broadway, John J. Town- send, 45 Cedar street, Morris S. Wise, 40 Exchange place, Referees for New York City; Sylvester H. Thayer, Yonkers, Referee for Westchester County; Amon Van Etten, Rondout, Referee for Ulster County; Clayton Ryder, Cannel, Referee for Putnam County; Ira D. De Lamater, Hudson, Referee for Columbia County; William T. B. Storms, Nyark, Referee for Rockland County. EASTERN DISTRICT. District Judge, Edward B. Thomas, Brooklyn. Clerk District Court, Richard P. Morle, Brooklyn. Referees with Jurisdiction, Robert F. Tilney, 26 Court street, Brook- lyn; Frank Reynolds, 16 Court street, Brooklyn, and Waldo E. Bullard, 26 Court street, Brooklyn, Referees for Kings County; for Queens and Nassau Counties, Charles A. Tipling, 26 Jackson avenue, Long Island City; for Suffolk Couny, William G. Nicoll, Babylon, Suffold County; for Richmond County, Charles L. Hubbell, West New Brighton, Staten Island. WESTERN DISTRICT. District Judge, John R. Hazel, Buffalo. Clerk District Court, George P. Keating, Buffalo. Referees with Jurisdiction, W. L. Ward, Wellsville, Referee for Alle- gany County; V. E. Peckham, Jamestown, Referee for the Counties of Cattaraugus and Chautauqua; W. H. Hotchkiss, Buffalo, Referee for Erie County; Roswell E. Moss, Elmira, Referee for Chemung County; Quincy Van Voorhis, Rochester, Referee for Monroe County; Delmar M. Damn, Bath, Referee for the Counties of Steuben and Livingston; George D. Judson, Lockport, Referee for the Counties of Niagara and Orleans; Asa B. Priest, Canandaigua, Referee for Ontario County; John Knight, Arcade, Referee for the Counties of Genesee and Wyoming; Charles M. Woodward, Watkins, Referee for Schuyler County; Charles A. Hawley, Seneca Falls, Referee for the Counties of Seneca, Yates and Wayne. 532 JUDGES, CLERKS AND REFEREES. NORTH CAROLINA (4th Circuit). EASTERN DISTRICT. District Judge, Thomas R. Purnell, Raleigh. Clerk District Court, H. L. Grant, Raleigh. Referees with Jurisdiction, Charles Guirken, Elizabeth City, Referee for the Counties of Currituck, Camden, Pasquotank, Perquimans, Chowan, Gates, Dare, Hyde, Tyrrell and Washington; James R. Gaskill.Tarboro, Referee for the Counties of Hertford, Bertie, Martin, Edgecombe, Hali- fax, Northampton, Beaufort, Nash and Pitt; L. J. Moore, Newburn, Referee for the Counties of Grain, Lenoir, Jones, Pamlico, Carteret, Wayne and Onslow; S. H. Macrae, Fayetteville, and S. P. Collier, Wil- mington, Referees for the Counties of New Hanover, Pender, Brunswick Columbus, Bladen, Robeson, Sampson, Duplin, Cumberland, Richmond, Hartnett and Scotland; Victor C. Boyden, Raleigh, Referee for the Coun- ties of Wake, Chetham, Johnston, Wilson, Dunham, Person, Granville, Franklin, Vance, Warren and Moore. WESTERN DISTRICT. District Judge, James E. Boyd, Greensboro. Clerks District Court, Henry C. Cowles, Statesville; W. C. Hyams, Asheville, and S. L. Trogdon, Greensboro. Referees with Jurisdiction, H.'S. Anderson, Hendersonville, Referee for the Counties of Polk, Rutherford, Lincoln, Gaston, Cleveland, Union, Anson, Buncombe, Henderson, Transylvania, Burke andCatawba; J. R. McCrary, Lexington, Referee for the Counties of Davie, Davidson, Ala- mance, Randolph, Montgomery, Guilford, Orange, Rockingham, Cas- well, Rowan, Iredell, Stanley; Alfred A. Dula, Referee for the Counties of Caldwell and Alexander; J. E. Alexander, Winston-Salem, Referee for the Counties of Alleghany, Ashe, Watauga, Forsythe, Stokes, Yadkin, Surry and Wilkes; J. J. Hooker, Webster, Referee for the Counties of Swan, Jackson, Graham, Clay and Cherokee NORTH DAKOTA (8th Circuit). District Judge, Charles F. Amidon, Fargo. Clerk District Court, J. A. Montgomery, Fargo. Referees with Jurisdiction, L. H. Whithead, Grand Forks, Referee for the Counties of Grand Forks, Traill, Walsh, Pembina, Cavalier, Nelson, Ramsey, Eddy, Benson, Towner, Rolette, Bottineau, Pierce, McHenry, Ward and Williams; Guy L.Wallace, Fargo, Referee for the Counties of Burleigh, Stustman, Logan, Mclntosh, Emmons, Kidder, Foster, Wells, McLean, Stark, Morton, Oliver, Mercer, Billings, Cass, Richland, Barnes, Dickey, Sargent, La Moure, Ransom, Griggs and Steele. JUDGES, CLERKS AND REFEREES. 533 OHIO. NORTHERN DISTRICT. District Judges, Augustus J. Ricks and F. J. Wing, Cleveland. Clerk District Court, H. P. Carleton, Cleveland. Referees with Jurisdiction, Fordyce Belford, Toledo, Lucas, Fulton and Williams Counties; Robert Carey, Upper Sandusky, Wyandotte and Marion Counties; W. C. Carman, Youngstown, Mahoning County; Chas. D.Dickin- son, Leetonia, Columbiana County; Dayton A. Doyle, Akron, Summit County; L. B. Faarver, Elyria, Lorain and Medina Counties; Ed. M. Fries, Bowling Green, Wood and Henry Counties; John W. Grimm, Findlay, Hancock County; L. F. Hunter, Warren, Trumbull County; Chas. H. Keating, Mansfield, Richland County; W. F. Kean, Wooster, Wayne and Holmes Counties; T. H. Loller, Dennison, Tuscarawas County; A. M. McCarty, Canton, Stark and Carroll Counties; W. L. Monnett, Bucyrus, Crawford County; J. H. McGiffert, Ashtabula, Ashtabula County; Harold Remington, Cleveland, Cuyahoga County; H. G. Richie, Van Wert, Van Wert County; Geo. B. Smith, Ashland, Ashland County; W. B, Brattain, Paulding, Paulding and Defiance Counties; Frank E. Seager, Fremont, Sandusky County; Geo. E. Scroth, Tiffin, Seneca County; E. S. Stephens, Sandusky, Erie and Ottawa Counties; S. S. Wheeler, Lima, Allen, Auglaize and Putnam Counties ; L. W. Wickham, Norwalk, Huron County; Lewis J. Wood, Painesville, Lake, Geauga and Portage Counties; Chas. S. Younger, Celina, Mercer County; George E. Crane, Kenton, Hardin County. SOUTHERN DISTRICT. District Judge, A. C. Thompson, Cincinnati. Clerk District Court, B. R. Cowen, Cincinnati. Referees with Jurisdiction, J.O. McMannis, West Union, Adams County; L. A. Koons, Athens, Athens and Hocking Counties; James M. Rees, St. Clairsville, Belmont County ; Wm. D. Young, Ripley, Brown County; H. H. Haines, Hamilton, Butler County ; George W. Poland, Urbana, Champaign County; Frank M. Knapp, Springfield, Clark County; William C. Bishop, Batavia, Clermont County; Frank B. Mills, Wilmington, Clinton County; Elijah Devor, Greenville, Darke County; Chas. M. McElroy, Delaware, Delaware County; Chas. C. Carpenter, Lancaster, Fairfield County; Lee Rankin, Washington, C. H., Fayette County; C. M. Rogers, Columbus, Franklin, Madison and Licking Counties; T. E. Bradbury, Gallipolis, Gallia County; G. D. Dugan, Cambridge, Guernsey County; William S. Howard, Xenia, Greene County; R. H. Minteer, Cadiz, Harrison County; Henry C. Dawson, Hillsboro, Highland County; Chas. T. Greve, Cincin- nati, Hamilton County; Alfred Mack, Cincinnati, Hamilton County; Morison R. Waite, Cincinnati, Hamilton County; Wm. H.Whittaker 534 JUDGES, CLERKS AND REFEREES. Cincinnati, Hamilton County; Evan E. Eubanks, Jackson, Jackson and Vinton Counties; Justin E. Moore, Steubenville, Jefferson County; W. L. Gary, Mt. Vernon, Knox County; P. C. Booth, Ironton, Lawrence County; Wm. H. West, Bellefontaine, Logan County; Albert D. Russell, Pomeroy, Meigs County; George H. Black, McConnellsville, Morgan County; Wm. P. Vanighan, Cardington, Morrow County; Fred S. Gates, Zanesville, Muskingum County; Walter S. Kessler, Troy, Miami County; Walter D. Cline, Dayton, Montgomery County; James L. Sayler, Eaton, Preble, County; John Ferguson, New Lexington, Perry County; Harry B. Weaver, Circle ville, Pickaway County; Elijah Cut- right, Chillicothe, Ross County; Cecil S. Miller, Portsmouth, Scioto County; David Oldham, Sidney, Shelby County; Robt. McCreary, Marysville, Union County; John E. Smith, Lebanon Warren County ; Jewett Palmer, Marietta Washington County. OKLAHOMA (8th Circuit). FIRST DISTRICT. Chief Justice, John H. Burford, Guthrie. . Clerk District Court, F. A. Neal, Guthrie. Referees with Jurisdictions. S. S. Lawrence, Guthrie, Referee for the Counties of Logan, Lincoln and Payne; A. G. Cunningham, Woodward, Referee for Woodward County. SECOND DISTRICT. Associate Justice, C. F. Irwin, El Reno. Clerk District Court, E. M. Hegler, El Reno. Referees with Jurisdictions. George T. Bowman, Kingfisher, Referee for the Counties of Canadian, Blaine, "D," Day, Roger Mills, Custer and Washington. THIRD DISTRICT. Associate Justice, B. F. Burwell, Oklahoma City. Clerk District Court, B. D. Shear, Olkahoma City. Referees with Jurisdictions. E. E. Hennessey, Oklahoma City, Ref- eree for the Counties of Oklahoma, Pottawatomie, Cleveland and Greer. FOURTH DISTRICT. Associate Justice, Bayard T. Hainer, Perry. Clerk District Court, J. E. Pickard, Perry. Referees with Jurisdictions. John L. Pancoast, Perry, Referee for the Counties of Beaver, "P," Noble and Osage Nation. FIFTH DISTRICT. Associate Justice, John K. Beauchamp, Enid. JUDGES, CLERKS AND REFEREES. 535 Clerk District Court, C. F. McElish, Enid. Referees with Jurisdictions. Charles H. Parker, Enid, Referee for the Counties of Garfield, Grant, Elaine, Roger Mills; Robert A. Lyle, King- fisher, Referee for Counties of Kingfisher, Canadian, Cleveland, Curtis, and Washita. OREGON (9th Circuit). District Judge, Charles B. Bellinger, Portland. Clerk District Court, E. D. McKee, Portland; Jos. A. Sladen, Portland. Referees with Jurisdiction, Alex Sweek, Portland, Multnomah County; Charles H. Page, Astoria, Clatsop County; Albert Abraham, Roseburg, Douglas County; H. T. Bagley, Hillsboro, Washington County; C. C. Bryant, Albany, Linn, Benton and Lincoln Counties; M. D. L. Rhodes, McMinnville, Yamhill County; John Bayne, Salem, Marion County; E. Holgate, Corvallis, Benton County; Thomas FitzGerald, Pendleton, Umatilla County; Florence Olson, Milwaukee, Clackamas County; C. A. Wintermeier, Eugene, Lane County; J. B. Messick, Baker City, Baker County; R. E. Williams, Dallas, Polk County; G. S. Reavis, Enterprise, Wallowa County; J. W. Hopkins, Prineville, Crook County; Edward Dunn, Condon, Gilliam County; B. O. McCullough, Grants Pass, Josephine County; Win. A. Gowan, Burns, Harney County. PENNSYLVANIA (3rd Circuit) . EASTERN DISTRICT. District Judge, John B. McPherson, Philadelphia. Clerk District Court, W. C. Craig, Philadelphia. Referees with Jurisdiction, Joseph Mason, 1318 Stephen Girard Bldg., for Philadelphia County; Theodore M. Etting, 705 Land Title Bldg., Philadelphia County; Alfred Driver, 505 Chestnut street, Philadelphia County; Byerly Hart, 228 South Third street, Philadelphia County; Edward F. Hoffman, 560 Bullitt Bldg., Philadelphia County; Richard^S. Hunter, 308 Walnut street, Philadelphia County; Christian H. Ruhl, Reading, Berks County; William C. Ryan, Doylestown, Bucks County; George M. Rupert, West Chester, Chester County; George E. Darlington, Media, Delaware County; B. Frank Eshleman, Lancaster, Lancaster County; John G. Diefenderfer, Allentown, Lehigh County; George F. Coffin, Easton, Northampton County; C. Henry Stenson, Norristown, Montgomery County; Wm. M. Fausset, Pottsville, Schuykill County. MIDDLE DISTRICT. District Judge, R. W. Archbald, Scranton. Clerk District Court, E. R. W. Searle, Scranton; F. P. Snodgrass.'Har- risburg; George_C. Scheuer, Dep. Clerk Dist. Ct., Scranton; A. J. Colburn, Scranton. 536 JUDGES, CLERKS AND REFEREES. Referees with Jurisdiction: C. A. Van Wormer, Referee, Scranton, for the Counties of Lackawan- na, Susquehanna, Wyoming and Maine. Alonzo T. Searle, Referee, Honesdale, for the Counties of Wayne and Pike. Henry A. Fuller, Referee, Wilkesbarre, for the County of Luzerne. Louis M. Hall, Referee, Towanda, for the County of Bradford. H. A. M. Killip, Referee, Bloomsburg, for the County of Columbia. William G. Thomas, Referee, Mauch Chunk, for the County of Carbon. M. H. Taggart, Referee, Sunbury, for the Counties of Northumber- land, Montour, Snyder and Union. Leon B. Ferry, Referee, Wellsboro, for the County of Tioga. John M. Wilson, Referee, Williamsport, for the Counties of Lycoming and Sullivan. Alonzo R. Moore, Referee, Coudersport, for the Counties of Potter and Cameron. Henry C. Quingley, Referee, Bellefonte, for the Counties of Centre and Clinton. M. W. Jacobs, Referee, Harrisburg, for the Counties of Dauphin and Perry. Cyrus R. Lantz, Referee, Lebanon, for the County of Lebanon. W. Bronson Orr, Referee, Chambersburg, for the Counties of Franklin and Fulton. William H. Trude, Referee, Huntingdon, for the Counties of Hunting- don, Mifflin and Juniata. William W. Fletcher, Referee, Carlisle, for the County of Cumberland. John B. McPherson, Referee, Gettysburg, for the Counties of Adams and York. WESTERN DISTRICT. District Judge, Joseph Buffington, Pittsburg. Clerk District Court, Wm. T. Lindsay, Pittsburg; Frank W. Grank, Erie. Referees with Jurisdictions, William R. Blair, Pittsburgh, for Allegheny County; Joseph M. Force, Erie, Erie County; William E. Ransom, Will- iamsport, Lycoming County; Thomas C. Hare, Altoona, Blair County; Henry Russell Myers, Washington, Washington County; John Q. Van Swearingen, Uniontown, Fayette County; Fred L. Kahle, Franklin, Ve- nango County; A. G. Richmond, Meadville, Crawford County; James R. W. Baker, Mercer, Mercer County; Horace R. Rose, Johnstown, JUDGES, CLERKS AND REFEREES. 537 Cambria and Somerset Counties; Frank L. Harney, Foxburg, Clarion County; Joseph M. McClure, Bradford, McKean County; E. H. Beshlin, Warren, Warren County; J. W. Hutchinson, Butler, Butler County; James E. Keenan, Greensburgh, Westmoreland County; James Denny Daugherty, Kittanning, Armstrong County; Edwin Mahlon Under wood, New Castle, Lawrence County; W. C. Pentz, Du Bois, Clear- field County; S. J. Telford, Indiana, Indiana County; Samuel Russell Longenecker, Bedford, Bedford County; Thomas Spencer Crago, Waynes- burg, Greene County; William T. Darr, Brookville, Jefferson County. PORTO RICO. District Judge, William H. Holt, San Juan. Clerks District Court, Ricardo Nadal, San Juan; Frank Antonsanti Mayaguez ; Antonio Aguayo. RHODE ISLARD (1st Circuit). District Judge, A. L. Brown, Providence. Clerk District Court, W. P. Cross, Providence. Referees for Entire District, Chester W. Barrows, N. W. Littlefield, Providence. SOUTH CAROLINA (4th Circuit). District Judge, William H. Brawley, Charleston. Clerk District Court, C. J. C. Hutson, Charleston. Referees with Jurisdiction, Branson, Wm. A., Florence, Florence County; Julius E. Boggs, Pickens, Pickens County; John J. Carle, Col- umbia, Richland County; *B. W. Ball, Laurens County; H. E. De Pass, Spartenburg, Spartenburg County; S. Means, Beaty, Union, Union County; Chas. T. Connors, Lancaster, Lancaster County; Wm. W. Wan- namaher, Orangeburg, Orangeburg County; R. A. Ellis, Barnwell, Barnwell County; Sanders Glover, Yemassee, Beaufort County; J. N. O. Gregory, Saluda C. H., Saluda County ; Julius H. Heyward, Green- ville, Greenville County; Edward W. Hughes, Charleston, Charleston County; L. C. Inglis, Bamberg, Bamberg County; Thos. J. Kirkland, Camden, Kershaw County; J. Fraser Lyon, Abbeville, Abbeville County; Henry A. Meetze, Lexington, Lexington County; J. E. McDonald, Winnsboro, Winnsboro County; John J. McLures, Chester, Chester County; D. T. McNeill, Conway, Horry County; J. M. Paget, Anderson, Anderson County; A. M. Rankin, Darlington, Darlington and Ches- terfield Counties; I. C. Strauss Sumter, Sumter County; C. W. F. Spencer, Rock Hill, York County; Robert A. Thompson, Walhalla, Oconee County; Robert H. Welch, Newberry, Newberry County; T. W. Johnson, Marion, Marion County. *Deceased; no successor. 538 JUDGES, CLERKS AND REFEREES. SOUTH DAKOTA (8th Circuit). District Judge, John E. Corland, Sioux Falls. Clerk District Court, O. S. Pendar, Sioux Falls. Referees with Jurisdiction, Granville G. Bennett, Deadwood, Lawrence, Pinnington, Custer, Fall River, Meade and Butte Counties; John F. Hughes, Pierre, Hughes County; Charles N. Harris, Aberdeen, Brown County; Samuel A. Ramsey, Woonsocket, Sanborn, all Counties S. of Hand, Hyde, Kingsbury, Brookings, and E. of Mo. River, except Braelli County; Ralph W. Parlitnan, Sioux Falls, Minnehaha County. Henry A. Mueller, Sioux Falls, Referee for Counties of Clay, Union, Yankton, Turner, Lincoln, Bon Homme, Clark's Mine, Douglas, Hutchin- son, Brab, Aurora, Davison, Hanson, McCrook, Minnehaha, Moody, Lake Miner, Sanborn, Beadle, Kingsbury, Lyman, Gregory, Todd, Crow Creek, Lower Brule and Yankton Indian Reservations. The above counties are designated as "Districts of Referees in Bank- ruptcy," and cases are referred pursuant to the following rule: "In case any petition in bankruptcy is filed by or against any person residing in a county not designated as a Referee District, the same shall be referred to a Referee in the Referee District, in the same Division of the District of South Dakota, nearest by the usually traveled route to the residence of the person by or against whom such petition is filed; but, if such case is one of voluntary bankruptcy, the petitioner may, in writing, at the time of filing his petition, designate the Referee District within the proper division, to which he prefers to have the matter re- ferred, and the reference shall, unless otherwise ordered, be made accord- ingly." TENNESSEE (6th Circuit) . EASTERN DISTRICT. District Judge, Charles W. Clark, Chattanooga. Clerk District Court, Henry O. Ewing, Chattanooga; James F. Carter, Knoxville. Referees with Jurisdictions. John Cox, Johnson City, Referee for the Counties of Johnson, Carter, Unicoi, Sullivan, Washington, Greene, Haw- kins, Hancock, Cocke, Hamblen; W. L. Grayson, Chattanooga, and J. W. Caldwell, Knoxville, Referees for the Counties of Anderson, Bradley, Bledsoe, Blount, Campbell, Claiborne, Cumberland, Fentress, Grainger, Hamilton, James, Jefferson, Knox, Loudon, Marion, McMinn, Meigs, Monroe, Morgan, Polk, Rhea, Roane, Sevier, Scott, Sequatchie and Union. MIDDLE DISTRICT. District Judge, Charles D. Clark, Nashville. JUDGES, CLERKS AND REFEREES. 539 Clerk District Court, Henry M. Doak, Nashville. Referees with Jurisdiction, A. L. Childress, Nashville, Referee for the entire district, comprising the Counties of Bedford, Cannon, Cheatham, Clay, Coffee, Davidson, Dekalb, Davison, Franklin, Giles, Grundy, Hickman, Humphreys, Houston, Jackson, Lawrence, Lewis, Lincoln, Macon, Marshall, Maury, Montgomery, Moore, Overton, Pickett, Putnam, Robertson, Rutherford, Smith, Stewart, Sumner, Trousdale, Van Buren, Warren, Wayne, White, Willingson and Wilson. WESTERN DISTRICT. District Judge, Eli S. Hammond, Memphis. Clerk District Court, John B. Clough, Memphis. EASTERN DIVISION. Referees with Jurisdiction, John R. Walker, Trenton, Referee for the Counties of Benton, Carroll, Chester, Gibson, Henry, Hardman, Hardin, Henderson, Decatur, Madison, McNairy, Obion, Perry Weakley, Lake and Crockett. WESTERN DIVISION. Richard D. Jordan, Memphis, Referee for the Counties of Dyer, Lauder- dale, Tipton, Shelby, Fayette and Haywood. TEXAS (5th Circuit). NORTHERN DISTRICT. District Judge, Edward R. Meek, Ft. Worth. Clerk District Court, J. H. Finks, Dallas. Referees with Jurisdiction. Eugene Marshall, Dallas, Referee for the Counties of Navarro, Johnson, Ellis, Kaufman, Dallas, Rockwell, Hunt; G. P. Meade, Fort Worth, Referee for the Counties of Comanche, Hood, Erath, Tarrant, Parker, Palo Pinto, Wise, Clay, Jack, Young, Archer, Wichita, Wilbarger, Baylor, Bailey, Hardeman, Cottle, Motley, Briscoe, Hall, Childress, Collingsworth, Donley, Armstrong, Randall, Deaf Smith, Oldham, Potter, Carson, Gray, Wheeler, Hemphill, Lipscomb, Ochiltree, Roberts, Hutchinson, Hansford, Sherman, Moore, Hartley, Dallam, Foard, Partner, Swisher, Castro, Lamb, Hale, Floyd, Cochran, Dawson and Hockley. WESTERN DISTRICT. WACO DIVISION. Referees with Jurisdictions. M. C. H. Park, Waco, Referee for the Counties of Milan, Robertson, Leon, Limestone, Freestone, McLennan, Falls, Bell, Coryell, Hamilton, Bosque, Somerville and Hill; K. K. Leg- gett, Abilene, Referee for the Counties of Eastland, Stephens, Throck- morton, Shackleford, Callahan, Taylor, Jones, Haskell, Knox, Noland, 540 JUDGES, CLERKS AND REFEREES. Fisher, Stonewall, Kent, Dickens, King, Crosby, Garza, Lubbock, Gaines, Andrews, Mitchell, Scurry, Borden, Howard, Martin, Midland, Yoakum, Terry, Lynn; A. W. Wilson, Brownwood, Referee for the Counties of Glasscock, Sterling, Coke, Tom Green, Crockett, Schleicher, Sutton, Irion, Mills, Runnels, Coleman, Brown, Menard and Concho. EASTERN DISTRICT. District Judge, David E. Bryant, Sherman. DIVISION RETURNABLE TO JEFFERSON. Clerk District Court, W. E. Singleton, Jefferson. Referees with Jurisdictions. J. A. Hurley, Sulphur Springs, Referee for the Counties of Bowie, Camp, Cass, Franklin, Harrison, Hopkins, Marion, Morris, Titus and Upshur. DIVISION RETURNABLE TO TYLER. Clerk District Court, D. W. Parish, Tyler. Referees with Jurisdiction. C. G. White, Referee for the Counties of Anderson, Angeline, Cherokee, Gregg, Henderson, Houston, Nacogdoches, Panola, Raines, Rusk, Shelby, Smith, Trinity, Van Zandt and Wood. DIVISION RETURNABLE TO GALVESTON. Clerk District Court, C. D. Hart, Galveston. Referees with Jurisdictions ." Referee for the Counties of Austin, Brazoria, Chambers, Colorado, Fort Bend, Gal- veston, Grimes, Harris, Madison, Mortagorda, Montgomery , Walker, Wal- ler, Wharton and Jackson. DIVISION RETURNABLE TO PARIS. Clerk District Court, John B. Dailey, Paris. Referees with Jurisdictions. F. B. Dillard, Referee for the Counties of Delte, Fannin, Grayson, Lamar and Red River. DIVISION RETURNABLE TO BEAUMONT. Clerk District Court, C. Dart, Jr., Beaumont. Referees with Jurisdictions. W. J. Crawford, Beaumont, Referee for the Counties of Jasper, Jefferson, Liberty, Newton, Orange, Polk, Sabine, San Augustine. SOUTHERN DISTRICT. District Judge, Walter T. Burns, Houston. Clerk District Court, C. Dart, Galveston. COUNTIES RETURNABLE TO GALVESTON. Austin, Brazoria, Chambers, Fort Bend, Galveston, Matagorda, Wharton. JUDGES, CLERKS AND REFEREES. 541 COUNTIES RETURNABTE TO HOUSTON. Brazos, Calhoun, Colorado, Goliad, Grimes, Harris, Jackson, Lavaca, Madison, Montgomery, Polk, San Jacinto, Trinity, Victoria, Walker, Walter. COUNTIES RETURNABLE TO LAREDO. Referee with Jurisdictions. Referee A. Winslow, Laredo, Referee for Aransas, Dimmit, Duval, Lasalle, McMullen, Ninces, Refugio, San Pa- tricio, Webb, Zabato. COUNTIES RETURNABLE TO BROWNSVILLE. Cameron, Hidalgo, Stair. WESTERN DISTRICT. District Judge, Thomas S. Maxey, Austin. DIVISION RETURNABLE TO SAN ANTONIO. Clerk District Court, A. Grosenbacher, San Antonio. Referees with Jurisdictions. T. M. Watlington, San Antonio, Referee for the Counties of Atacosa, Bandera, Bexar, Bee, Comal, Calhoun, De- witt, Edwards, Frio, Guadalupe, Gonzales, Goliad, Kerr, Kendall, Kin- ney, Karnes, Lavaca, Live Oak, Medina, Maverick, Nucces, Uvalde, Val- verde, Wilson and Zavalla. DIVISION RETURNABLE TO EL PASO. Clerk District Court, J. T. Hodgson, El Paso. Referees with Jurisdictions. M. I. Killegon, , Referee for the Counties of Brewster, Buchel, Bailey, Castro, Cochran, Crane, Dawson, El Paso, Ector, Foley, Floyd, Hale, Hockley, Jeff Davis, Lamb, Lynn, Loving, Presidio, Pecos, Partner, Reeves, Swisher, Terry, Upton, Winkler, Yoakum and Ward. DIVISION RETURNABLE TO WACO. Clerk District Court, L. B. McCulloch, Waco. DIVISION RETURNABLE TO AUSTIN. Clerk District Court, D. H. Hart, Austin. Referees with Jurisdictions. Franz Fiset, Austin, Referee for the Counties of Blanco, Bastrop, Burleson, Burnet, Caldwell, Fayette, Lilies- pie, Hays, Kimble, Lee, Llano, Lampassas, Mason, McCullough, Milan, San Saba, Travis, Washington and Williamson; A. Winslow, Laredo, Referee for the Counties of Duval, Lasalle, McMullen, Webb, Zapata, Nueces, San Patricio, Arancos, Refugio. UTAH (8th Circuit). District Judge, John A. Marshall, Salt Lake City. 542 JUDGES, CLERKS AND REFEREES. Clerk District Coitrt, J. R. Letcher, Salt Lake City. Referees with Jurisdiction, Pearl E. Keeler, Logan City, Referee for Cache County; Thomas Maloney, Ogden City, Referee for the Counties of Weber and Box Elder and Davis; Charles Baldwin, Salt Lake City, Referee for Salt Lake County and Tooele County; Elmer E. Corfman, Provo City, Referee for the County of Utah; Frank H. Holzheimer, Eureka, Referee for Juab County; George Christensen, Mt. Pleasant, Referee for San Peet County; John Nowers, Beaver City, Referee for Beaver County. Business for the Counties of Kane, Sevier, Uinta, Summit and Davis, on account of inability to find persons to be Referees, has been referred to other referees in other Counties. VERMONT (2nd Circuit) . District Judge, H. H. Wheeler, Brattleboro. Clerk District Court, George E. Johnson, Burlington. Referees with Jurisdiction, Frank W. Tuttle, Vergennes, for Addison County; George W. Deberville, Burlington, Chittenden County; Hiram M. Mott, St. Albans, Franklin County; Fred H. McFarland, Hyde Park, Lamoille County; , Bradford, Orange County; John W. Redmond, Newport, Orleans County; Joel C. Baker, Rutland, Rutland County; Edward H. Deavitt, Montpelier, Washington County; Frank D. E. Stowe, Brattleboro, Windham County; Gilbert A. Davis, Windsor, Windsor County; Marshall Montgomery, St. Johnsbury, Caledonia and Essex Counties. VIRGINIA (4th Circuit). EASTERN DISTRICT. District Judge, Edmund Waddill, Jr., Richmond. Clerk District Court, George E. Bowden, Richmond, Va. Deputy Clerk, Joseph P. Brady, Alexandria; Juno S. Fowler, Rich- mond. REFEREES WITH JURISDICTION. DISTRICT NUMBER ONE. Referee Walter U. Varney of Alexandria, Virginia, comprising the City of Alexandria, and the Counties of Alexandria, Fairfax, Loudon, Prince William, Fauquier and Culpepper. DISTRICT NUMBER Two. Referee Charles P. Caldwell, of Richmond, Virginia, comprising the City of Fredericksburg, and the Counties of Spottsylvania, Stafford, King George, Westmoreland, Richmond, Northumberland, Lancaster, Essex, King and Queen, Middlesex, Gloucester, Orange, Louisa, Hanover, Caroline, King William, New Kent and Charles City. JUDGES, CLERKS AND REFEREES. 543 DISTRICT NUMBER THREE. Referee Robert H. Talley, of Richmond, Virginia, comprising the Cities of Richmond and Manchester, and the Counties of Henrico, Chester- field, Powhatan and Goochland. DISTRICT NUMBER FOUR. Referee W. W. Forbes, of Farmville, Virginia, comprising the Counties of Prince Edward, Nottoway and Amelia. DISTRICT NUMBER FIVE. Referee George S. Bernard, of Petersburg, Virginia, comprising the City of Petersburg, and the Counties of Dinwiddie, Prince George, Surry, Sussex, Greensville, Lunenburg, Mecklenburg and Brunswick. DISTRICT NUMBER Six. Referee John B. Locke, of Newport News, Virginia, comprising the Cities of Newport News and Williamsburg, and the Counties of James City, Warwick, York and Elizabeth City. DISTRICT NUMBER SEVEN. Referee Charles H. Causay, Jr., of Suffolk, Virginia, comprising the Counties of Nansemond, Isle of Wight and Southampton. DISTRICT NUMBER EIGHT. Referee D. Lawrence Groner, of Norfolk, Virginia, comprising the Cities of Norfolk and Portsmouth, and the Counties of Norfolk, Princess Anne and Matthews. DISTRICT NUMBER NINE. Referee John Goffigon, of Cape Charles City, Virginia, comprising the Counties of Accomac and Northampton. WESTERN DISTRICT. District Judge, H. Clay McDowell, Bigstone Gap. HARRISBURG DIVISION. Clerk District Court, A. K. Fletcher, Harrisonburg. Referees with Jurisdiction, Walter H. Turner, Front Royal, Referee for City of Winchester, Counties of Frederick, Clarke, Warren and Rap- pahannock; Robert J. Walker, Mount Jackson, Referee for Counties of Shenandoah and Page; Charles M. Keezel, Harrisonburg, Referee for the Counties of Rockingham, Greene, Madison, Shenandoah and Page; J. E . R. Nelson, Staunton, Referee for the City of Staunton and Buena Vista, and Counties of Augusta, Highland, Bath, Alleghany, Rockbridge, Botewurt. LYNCHBURG DIVISION. Clerk District Court, William McCauley, Lynchburg. 544 JUDGES, CLERKS AND REFEREES. Referees with 'Jurisdiction, L. O. Hayden, Charlottsville, Referee for the City of Charlottsville, and the Counties of Albermarle and Fluvana; W. C. Franklin, Pamlin, Referee for the Counties of Nelson, Amherst, Appamattox, Buckingham and Cumberland; R. C. Blackford, Lynchburg, Referee for the City of Lynchburg, and the Counties of Campbell and Bradford; G. H. Penn, Roanoke, Referee for the City of Roanoke and County of Craig. DANVILLE DIVISION. Clerk District Court, S. W. Martin, Danville. Referees with Jurisdiction, L. S. Thomas, Danville, Referee for the City of Danville, and the Counties of Pittsylvania, Halifax and Charlotte; Franklin, Henry and Patrick. ABINGDON DIVISION. Clerk District Court, Isaac C. Fowler, Abingdon. Referees with Jurisdiction, O. T. Bailey, Abingdon, W. N. Ragland, Radford, Referees for the City of Radford, and Counties of Montgomery, Giles and Floyd; D. F. Bailey, Bristol, Washington W. Va., Referee for Counties of Washington, Smyth, Grayson, Russell, Scott, Lee, Wise and Dickinson; Thornton L. Massie, Pulaski, Referee for the Counties of Pu- laski, Carroll, Wythe, Scott; W. C. Pendleton, Tazewell, Referee for the Counties of Bland, Tazewell and Buchanan. WASHINGTON (9th Circuit) . District Judge, Cornelius H. Hanford, Seattle. Clerk District Court, R. M. Hopkins, Seattle. Referees with Jurisdiction, E. C. Ellis, Whatcom, and John P. Hoyt, Seattle, Referees for the Counties of King, Kitsap, Snohomish, Skagit, Whatcom, Island, Jefferson, Clallam and San Juan; Adolph Munter, Spokane, and F. W. Dewart, Spokane, Referees for the Counties of Spo- kane, Stevens, Adams, Lincoln, Douglas, Okanogan, Kittitas and Ferry; H. W. Canfield, Colfax, R. D. McCully, Goldendale, Geo. T. Thompson, Walla Walla, and J. A. Taggard, North Yakima, Referees for the Counties of Walla Walla, Franklin, Columbia, Asotin, Garfield, Whitman, Yakima and Klickitat. WEST VIRGINIA (4th Circuit). District Judge, John J. Jackson, Parkersburg. Clerk District Cour^ J. Y. Moore, Clarksburg. Referees with Jurisdiction, Frank C. Cox, Wheeling, Referee for Ohio, Wetzel, Tyler, Marion, Monongahela Counties; B. L. Butcher, Fairmont, Eugene Sommerville, Grafton, all Northern District; Geo. P. Shirley, Parsons, Referee for Counties of Tucker, Randolph, Ban Buren; James JUDGES, CLERKS AND REFEREES. 545 D. Butt, Martinsburg, Referee for Counties of Jefferson, Berkley, Morgan and Mineral; W. Frank Stout, Clarksburg, Referee for County of Harrison; George M. Johnson, Parkersburg, all Northern District. WISCONSIN (7th Circuit). EASTERN DISTRICT. District Judge, W. H. Seaman, Sheboygan. Clerk District Court, Edward Kratz, Milwaukee. Referees with Jurisdiction. D. Lloyd Jones, Milwaukee, Wis., Referee for Counties of Milwaukee, Waukesha, Ozankee, Washington, and Dodge; Charles H. Forward, Oshkosh, Referee for Counties of Winnebago, Fond du Lac, Green Lake, Marquette and Waushara; Paul V. Gary, Appleton, Outagamie County, and any other Counties in the Eastern District con- venient for parties; Paul I. Krez, Sheboygan; Charles H. Lee, Racine, Referee for Counties of Racine, Walworth andKenosha; Daniel H. Sum- ner, Waukesha, T. P. Silverwood, Green Bay, Referees for Brown Coun- ty; Charles Churchill, Waupaca, Referee for Counties of Waupaca and Wauskara. Each Referee has jurisdiction of any case assigned from any part of District. WESTERN DISTRICT. District Judge, Romanzo Bunn, Madison. Clerk District Court, Franklin W. Oakley, Madison; Alfred Harrison, La Crosse. Referees with Jurisdiction, Henry M. Lewis, Madison, Theodore M. Thorson, West Superior, Guy C. Prentiss, La Crosse, Referees for the Counties of Adams, Ashland, Barren, Bayfield, Buffalo, Burnett, Chippe- wa, Clark, Columbia, Crawford, Dane, Douglas, Eau IClaire, Grant, Green, Iowa, Iron, Jackson, Jefferson, Juneau, La Crosse, Lafayette, Lincoln, Marathon, Monroe, Pepin, Pierce, Polk, Portage, Price, Rich- land, Rock, St. Croix, Sank, Sawyer, Taylor, Trumpealeau, Vernon, Vilas, Washburn, Wood. WYOMING (8th Circuit). District Judge, John A. Riner, Cheyenne. Clerk District Court, Louis Kirk, Cheyenne. Referees with Jurisdictions. Clyde M. Watts, Cheyenne, Referee for the whole district, which comprises the entire state. GENERAL INDEX. A. PAGE. Abate suits by or against trustee not to, by death or removal of Sec. 46 158 death or insanity of bankrupt not to. Sec. 8 15 Abbreviations not to be used in petition or schedules. Gen. Ord. V 260 Absence of bankrupt duties and remedies of creditors. Gen. Ord. IX 263 Judge, order of reference during. Form No. 15 316 referee to act, when. Sec. 38a (3) 148 clerk to refer cases when. Sec. 18f 118 Acceptance of appointment by trustee. Form No. 26 327 Accommodation paper, statement of, in voluntary cases. Form No. 1, Sch. A (5) 291 Account deposition to prove debts in. Gen. Ord. XXI (1) .... 272 what averment to contain. Gen. Ord. XXI (1) 272 sales, required of trustees. Gen. Ord. XVIII (2) 268 Accounts false. Sec. 29b (2) 140 inspection refused. Sec. 29c (3) 141 provable. Sec. 63a (4) 207 of marshall. Gen. Ord. XIX 270 trustee, final. Form 49, Sec. 47a (2) 270 oath to. Form No. 50 270 referee to audit. Gen. Ord. XVII. 348 Acknowledgment of assignment of claim. Gen. Ord. XXI (1) . . 270 of letter of attorney. Gen. Ord. XXI (5) 272 Act bankruptcy to limit amount collectable. Sec. 65 (e) 219 Actions rights of pass to trustee when. Sec. 70 (a) (6) 249 Acts of Bankruptcy. Sec. 3 31 denial of. Form No. 6 305 jury trial of. Sec. 19a 119 Additional Parties. Sec. 2 (6) 19 Addresses of Creditors how ascertained and filed. Sec. 58a 185 creditors to file in involuntary cases. Gen. Ord. IX 265 voluntary bankrupt to file. Sec. 7 (8) 70 Adjudicate courts of bankruptcy may. Sec. 2 (1) 13 or dismiss petitions, referee to. Sec. 38a (1) .' 147 547 548 GENERAL INDEX. PAGE. Adjudication appeal from. Sec. 25a (1) 135 by referee. Sec. 38 (1) 147 contested, costs in. Gen. Ord. XXXIV 280 court first taking to retain jurisdiction. Gen. Ord. VI 261 date of fixes change of title. Sec. 70a 241 definition. Sec. 1 (2) 4 of bankruptcy. Form No. 11 .311 that debtor is not a bankrupt. Form No. 12 312 voluntary, when. Sec. 18g 119 when to dissolve levies, judgments and attachments. Sec 67 (f) 229 when to dissolve liens. Sec. 67 (c) 222 Adjudications. Sec. 18 113 Administering Estate expense of. Sec. 62 (a) 204 of partnership property. Sec. 5h 57 only one trustee fee allowed. Sec. 48b. 164 trustees to furnish information of. Sec. 47a (5) 160 Admission act of bankruptcy, when and how. Sec. 3a (5) 41 Adverse Claimants suits against by trustee. Sec. 23 (b) 127 Affairs of Estate right to inspection denied. Sec. 29c (3) 140 Arbitration trustee may submit controversy to. Sec. 26 (a) 139 application for to state, what. Gen. Ord. XXXIII 280 arbitrators, three, how chosen. Sec. 26b 139 rinding filed in court. Sec. 26 (c) 139 Arbitrators how chosen. Sec. 26 (b) 139 Arrest of Bankrupt. Sec. 9 (a) (b) 76, 77 bankrupt, protected against. Gen. Ord. XII 265 Assets of estate, property fraudulently conveyed, remains. Sec. 67 (e) 227 of estate, property seized when. Sec. 3 (e) ". . . 46 none, return of. Form No. 48 346 of partners. Sec. 5 51 Assignable Property. Sec. 1 (23) 9 Assigned Claims notice of assignment given to original claimant, by whom. Gen. Ord. XXI (3) 271 proof of assignment to be filed. Gen. Ord. XXI (3) 271 when referee to make order subrogating assignee to claimants. Gen. Ord. XXI (3) 271 Assignment act of bankruptcy, when. Sec. 3 (a) (4) 7 40 of claim, acknowledged before. Gen. Ord. XXI (5) 272 definition of. Sec. 1 (25) 10 for benefit of creditors. Sec. 3 (a) (4) 40 Assignments by bankrupt, when void. Sec. 67 (f) 229 Attachment petition creditor may obtain, when. Gen. Ord. IX. . 263 GENERAL INDEX. 549 PAGE. Attachments when void. Sec. 67 (f) 229 Attachments Against Debtors when may issue. Gen. Ord. IX. . 263 Attempted Extortion how punishable. Sec. 29b (5) 141 Attendance of bankrupt. Sec. 7a (1) (9) 69-72 of witness. Sec. 21a, Sec. 41a (4) 154 Attorney general letter of. Form No. 20 321 money paid to in contemplation of bankruptcy. Sec. 20 (d) must be attorney for district or circuit court. Gen. Ord. IV 260 name and place of business of, to be entered on docket. Gen. Ord. IV 260 papers filed by, to be endorsed. Gen. Ord. IV 260 proof of debt by. Form No. 35 334 referee may not be when. Sec. 39 (b) (2) 152 when notices to be served on. Gen. Ord. IV 260 Attorney General duties. Sec. 53 169 Attorney in Fact letter of. Form No. 21 322 Attorney's Fee when prior claim. Sec. 64 (b) (3) 211 when paid in contemplation of filing petition. Sec. 60 (d) . . 202 Auction sales to be by trustee. Gen. Ord. XVIII 269 Auditing accounts of trustee. Gen. Ord.. XVII 268 Avoiding title, trustee can if creditor could. Sec. 70 (e) 250 Award of arbitrators. Sec. 26 (c) 139 Affidavit of Lost Bill or Note. Form No. 37 336 Affirm who may. Sec. 20 (b) 121 Affirmation definition. Sec. 1 (17) 8 false, punishment. Sec. 20 (b) 121 may be taken in lieu of oath. Sec. 20 (b) 121 oath to include. Sec. 1 (17) 7 8 Agent creditors', used in act, includes. Sec. 1 (9) 5 "persons" used in act, includes. Sec. 1 (19) 9 proof of claim by. Gen. Ord. XXI (1) 270 debt by. Form No. 35 334 offenses by or through. Sec. 29b (3) 7 141 secured debt by. Form No. 36 335 Agreement as to value of securities. Sec. 57h 182 controversies may be settled by. Sec. 26a 139 Allowance of Appeals. Gen. Ord. XXXVI 281 of attorneys' fees. Sec. 64 b (3) 211 Allowance of Claims appeal from. Sec. 25a (3) 15 jurisdiction. Sec. 2 (2) 135 not to affect prier declared dividends. Sec. 60 (c) 200 preferred claims. Sec. 57 (e) 177 Allowance of exemptions. Sec. 6 58 55 O GENERAL INDEX. PAGE. Allowed Claims dividends declared on. Sec. 65 (b) 218 entitled to vote, when. Sec. 56 (a) 173 Amendment form of. Gen. Ord. XI 264 must be ratified. Gen. Ord. XI 264 referee to cause. Sec. 39 (2) 149 setting up earlier acts of bankruptcy. Gen. Ord. VI 261 when allowed. Gen. Ord. XI 263 Amendment of Petition when to assert act of bankruptcy. Gen. Ord. VI 261 Amount and Number of creditors. Sec. 56 (a) 172 Amount of Bond to be given by creditors in involuntary cases. Sec. 3 (e) 46 of referee. Sec. 50 (a) 164 of trustee. Sec. 50 (b) 165 Amount of debts necessary for voluntary proceedings. Sec. 4 (b) . . 48 Answer to Petition creditors may file. Sec. 59 (b) 191 must be accompanied by list of creditors, when. Sec. 59 (d) 191 when may be filed. Sec. 59 (b) (1) 191 Answer in equity. U. S. Eq. R., 39, 40, 41 Appeals Sec. 25a, Gen. Ord. XXXVI 135-281 from a judgment concerning a debt. Sec. 25 a (3) 135 governed by equity rules. Sec. 25 (a) 135 how regulated. Gen. Ord. XXXVI (1) 281 time limit for. Gen. Ord. XXXVI (2) 281 from a judgment concerning discharge. Sec. 25a (2) 135 from a judgment of adjudication. Sec. 25 (a) (1) 135 Appeal bond not required of trustees. Sec. 25 (c) 138 Appeals and Writs of Error. Sec. 25 135 Appearance bankrupt or creditor may enter. Sec. 18 (b) 115 may be by attorney. Gen. Ord. IV 259 when that of trustee may be ordered. Sec. 11 (b) 84 Appellate Courts definition. Sec. 1 (3) 7 4 jurisdiction. Sec. 24 132 of Circuit Court of Appeals. Sec. 24b 133 of Supreme Court. Sec. 24a 132 of Supreme Courts of the territories. Sec. 24a. . 132 Application for confirmation of composition. Form No. 61 358 Appointment of appraisers. Form No. 13, Sec. 70 (b) 250 of receivers. Sec. 2 (3) 16 to seize and hold property. Sec. 3 (e) 46 of referees. Sec. 34 145 of trustees. Forms Nos. 23 and 27, Sec. 44 (a) , Gen. Ord. XIII 324, 328, 267, 156 of trustees' notice of. Form No. 24, Gen Ord. XVI . . 268 GENERAL INDEX. 55 I PAGE. Apportionment of Compensation Among referees. Sec. 40 (c) . . 154 trustees. Sec. 48 (b) 164 Appraisement all property to be appraised. Sec. 70 (b) 250 Appraisers appointed by court. Sec. 70 (b) 250 appointment, oath, etc., of. Form No. 13 313 number of. Sec. 70 (b) 250 to report to the court. Sec. 70 (b) 250 B. Bail bankrupt may give to await examination. Sec. 9 (b) 77 Bankers when may be adjudged bankrupts. Sec. 4 (b) 48 Banks national, may not be bankrupts. Sec. 4 (b) 48 designated as depositories. Sec. 61 204 shall pay out money how. Gen. Ord. XXIX 277 Bankrupt arrest of exemption from. Sec. 9a 76 Bankrupt arrest of, exemption from. Sec. 9a 76 to prevent leaving district. Sec. 9b 77 release^from. Gen/ Ord. XXX 277 burden of proving solvency is on. Sec. 3 (c) 44 composition, when may be offered by. Sec. 12 (a) 85 contempt of, for refusal to deliver assets. Sec. 41 154 death or insanity of, not to abate proceedings. Sec. 8 75 detention of. Sec. 9 76 discharge of, co-debtor not affected by. Sec. 16 104 from arrest. Sec. 9 76 debts. Sec. 2 (12), Sec. 14, Sec. 17. .25, 89, 105 revocation of. Sec. 16 104 duties of. Sec. 7 69 estate of defined, what includes. Sec. 70 241 jurisdiction of court over. Sec. 2 (7) 19 examination of concerning his business. Sec. 8 (9) arrest of for. Sec. 9 (b) 77 creditors to have notice of . Sec. 58a (1) . . 185 form for. Form No. 29 329 order for. Form No. 28 328 exemptions of, courts of bankruptcy, jurisdiction of. Sec. 2 (11) 24 exemptions of, allowance of. Sec. 6 58 trustee to set aside. Sec. 47a (11) 161 extradition of, jurisdiction. Sec. 2 (14) 27 from one district to another. Sec. 10 78 is competent witness. Sec. 21 (a) 122 . may appear by attorney. Gen. Ord. IV 260 55 2 GENERAL INDEX. PAGE. B ankrupt Continued . may conduct proceedings in person. Gen. Ord. IV 260 offenses by. Sec. 29 (b) 140 property of concealing, punishment. Sec. 29 (a) 140 referee may order surrendered. Sec. 38a (3) . . 148 seizure of before adjudication. Sec. 3 b 42 suits by and against. Sec. 11 78 title to vests in trustee. Sec. 70 ~ 241 trustee may avoid transfer of when. Sec. 70 e 250 what reckoned in determining insolvency. Sec. 1 (15) .... 7 who is. Sec. 1 (4) .\ 4 who may be adjudged. Sec. 2 (1), Sec. 4 13-47 Bankruptcy acts of, what are. Sec. 3 32 adjudication of. 18 (d), Form No. 12 117-312 courts of, creation and jurisdiction. Sec. 2 12 jurisdiction of to punish violations of the act. Sec. 2 12 power of not restricted by enumeration. Sec. 2 . . 12 date or time of defined. Sec. 1 (10) 6 law of, congress may enact court. Sec. 8 1 statute, time when it takes effect 251 Bankrupt's petition for discharge. Form No. 57 354 Belief reasonable cause for as affecting liens. Sec. 67c (2) 223 Bills or notes lost, statement of. Form No. 37 336 Blanks to be furnished referee, when. Gen. Ord. Ill 259 Bona fide holder must hold for value prior to adjudication. Sec. 67 (e) 227 of property protected. Sec. 70 (e) 250 Bonds joint and several when. Sec. 50 (j) 166 liability on. Sec. 50 (h) 166 limitation of suits on. Sec. 50 (m) 166 sued on, how. Sec. 50 (h) 166 sureties on number of. Sec. 50 (b) 165 where filed. Sec. 50 (h) 166 Bonds applicant for receiver must give. Sec. 3 (e) 46 form of. Form No. 9 -. 308 seizure of property must give. Sec. 69 (a) . . 239 liability for unlawful seizure. See 69 339 for appearance. Sec. 9 (b) , depositories to give. Sec. 61 204 of marshal. Form No. 10 310 petitioners to give, form of. Form No. 9, Sec. 69 309,239 GENERAL INDEX. 553 PAGE. Bonds, Trustees' no appeals allowed. Sec. 25 (c) 138 approved by referee. Sec. 50b, Form No. 25, 26 165, 326, 327 certified copy of order approving evidence of vesting title in. Sec. 21 (e) 125 corporation may be surety on. Sec. 50 (g) 166 court fixes amount of when. Sec. 44a, 50 (c) 165 creditors fix amount of when. Sec. 50 (c) 165 failure to give vacates office. Sec. 50 (k) 166 filed in clerks' office. Sec. 50 (h) 166 form of trustee's bond. Form No. 25 . 326 sued on, how. Sec. 50h 166 sureties, number of. Sec. 50 (e) 165 referees. Sec. 50a 164 amount, how fixed. Sec. 50a. 164 corporations, sureties on. Sec. 50g 166 failure to give vacates office. Sec. 50k 166 filed where. Sec. 50h 166 limitation of suits on. Sec. 50 1 166 Bond order approving trustee's. Form No. 26 327 when bankrupt may give. Sec. 69 (a) 239 when creditors to give. Sec. 69 (a) 239 possession is taken of bankrupt's property. Sec. 3 .... 32 Books of account concealment or destruction of. Sec. 14 (b) (2) . . 100 duty of bankrupt to produce on examination. Sec. 3 (d) .... 45 failure to keep effect of on discharge. Sec. 14 (b) (2) 48 Belief reasonable cause for as affecting liens. Sec. 67 (e) (2) .... 223 Bills or notes lost, statement of. Form No. 37 336 Burden of Proof discharge creditors have who oppose. Sec. 15 .... 103 solvency is on bankrupt when. Sec. 3 (c) , Sec. 3 (e) 44-46 Business of Bankrupt continuation of authorized. Sec. 2 (5) .... 18 place of may determine jurisdiction. Sec. 2 (1) 13 C. Cases appeals in what may be taken. Sec. 25 135 in which referees not to act. Sec. 40 (b) 153 index of to be kept by clerk. Sec. 71 255 jurisdiction to reinstate. Sec. 2 (12) 25 preceedings in partnership. Gen. Ord. VIII 263 referees fee in cases transferred. Sec. 40 (b) 153 reference of when judge absent. Sec. 18 (g) 119 after adjudication. Sec. 22 ." 125 order of. Form No. 14 314 record of how and by whom kept. Sec. 42 155 transfer of from one referee to another. Sec. 22 (b) 126 554 GENERAL INDEX. PAGE. Cases Continued jurisdiction to. Sec. 2 (19) ^.30 when to another district. Gen. Ord. IV. . 260 when may be tried before a jury. Sec 19 119 Certificate by referee to judge. Gen. Ord. XXIII ." 275 form of. Form No. 56 353 of controversies to the Supreme Court. Sec. 25 (d) 138 of justice of Supreme Court necessary to appeals in what cases Sec. 25 (b) (2) 137 of discharge, form of. Form No. 59 356 when to issue. Sec. 14 89 of search clerks to issue. Sec. 71 255 Certified Copies of proceedings in bankruptcy evidence. Sec. 21 (d) 124 order concerning composition or discharge. Sec. 21 (f) . . . . 125 order approving trustee's bond evidence of title. Sec. 21 (e) 125 order confirming composition evidence of investing title. Sec. 21 (g) 125 Certiorari when writs of may issue. Sec. 25 (d) 138 Checks money to be paid out by only. Sec. 47 (a) (4), Gen. Ord. XXIX 160, 277 to be countersigned by judge or referee. Gen. Ord. XXIX. . 277 Children's allowance not affected by death. Sec. 8 75 Choice of new trustee form of order for. Form No. 55 352 Choses in action statement of. Form No. 1, Sen. B (3) 298, 294 Circuit Court (see courts) cases may be certified to for trial by jury. Sec. 19 (b) 120 concurrent jurisdiction of offenses. Sec. 23 (c) 132 jurisdiction of in law and equity. Sec. 23 (a) 126 over suits by trustees when. Sec. 23 (a) 126 Circuit Court of Appeals (see courts) (see appeals) appeals from courts of bankruptcy to . Sec. 24 (f) 133 are Appellate Courts of bankruptcy. Sec. 1 (3) 4 jurisdiction of over bankruptcy. Sec. 24 (a) 132 practice governing appeal to. Gen. Ord. XXXIII 280 to Supreme Court from. Sec. 25 (b) ." 137 Claimant cannot collect more than act authorizes. Sec. 65 (e) . . 219 when to be served with notice of depositions. Sec. 21 (c) . . 124 Claims (see debt) (proof of claims) account open, how proved. Gen. Ord. XXI (1) 270 adverse claims, bankruptcy court jurisdiction to determine. Sec. 2 (7) 19 against other bankrupts may be proved by trustee. Sec. 57 (m) 184 allowed after dividends, how paid. Sec. 65 (c) 218 GENERAL INDEX. 555 PAGE. Claims Continued. jurisdiction to allow. Sec. 2 (2) 15 unless opposed to be allowed. Sec. 57 (d) . 177 reconsideration of allowance. Sec. 57k 184 amount of computation of. Sec. 59 (a) 187 appeal from allowance of. Sec. 25 a (3) 135 assignment of claims, how shown. Gen. Ord. XXI (3) .... 271 bankrupt to examine. Sec. 7 (3) 70 compounding claims. Gen. Ord. XXVIII 276 false, oath as to (see offenses). Sec. 29b (3) 141 false, bankrupt to inform trustee as to. Sec. 7 (7) 70 firm, proved against bankrupt member. Sec. 5 (a) 51 limitations of time to prove. Sec. 57n 7 184 liquidation of. Sec. 64b 211 list of recorded by referee. Form No. 40 338 partnership against individual estate. Sec. 5 (f) 57 penalties and forfeitures not allowed. Sec. 57 j 184 prior in pajmient. Sec. 64 610 proof of, (see proof of claims) . Sec. 57 173 bankrupt to examine correctness of. Sec. 7 (3) .... 70 before whom oath may be taken. Sec. 20 121 corporations, how prove. Gen. Ord. XXI (1) .... 270 depositions to establish. Gen. Ord. XXI (1) 270 form of, by agent or attorney. Form No. 36 335 by corporation. Form No. 33 332 by partnership. Form No 34 333 secured debt by agent. Form No. 36. ... 335 secured debt. Form No. 32 331 unsecured debt. Form No. 31 329 may be expunged. Gen. Ord. XXI (6) 272 surety for creditor may make. Sec. 57 (i) 183 within what time to be made. See. 57 (m) 184 provable, what are (see debts which may be proved). Sec. 63 205 proved, after dividend declared. Sec. 65 c , 218 preferred must be surrendered. Sec. 57g, Sec 60 (a) (b) 178, 192, 197 proved, transmission of to clerk . Gen. Ord. XXIV 274 re-examination of. Gen. Ord. XXI (6) 272 set-off, when allowed. Sec. 60 (c), Sec. 68 200-238 unrecorded when not liens. Sec. 67 a 220 when allowance of not to affect rights of creditors. Sec. 65 (c) 218 where to be filed. Sec. 57c 177 which have priority. Sec. 64 210 GENERAL INDEX. PAGE Claims Continued. objections to. Sec. 57 (f) 7 178 penalty and forfeiture. Sec. 57 (j) 7 183 preferences. Sec. 57 (g) 178 proved after dividends declared, dividends paid on. Sec. 65 (c) 218 which have priority, schedule a (1). Form No. 1 287 Clerk wages of a prior claim. Sec. 64 (b) (4.) 214 Clerks includes what. Gen. Ord. XXXV (1) 275 duties. Sec. 51 167 account for fees. Sec. 51 (1) 167 collect fees. Sec. 51 (2) 167 deliver papers to referee. Sec. 51 (3) fc . ... 168 issue process summons, etc. Gen. Ord. Ill 259 pay fees to referee and Trustee. Gen. Ord. 51 (4) .... 168 reference by when made. Sec. 18f 118 referees records to be transmitted to. Sec. 39b (7) 151 (see duties of clerks) (officers) compensation of. Sec. 52 (a) 168 compensation of. Gen. Ord. XXXV (1) 281 definition. Sec. 1 (5) 5 may require indemnity for expense. Gen. Ord. X 264 filing papers by. Gen. Ord. II 259 to endorse time of filing and character on papers filed. Gen. Ord. II 259 to enter cases in docket and number. Gen Ord. 1 259 to keep docket. Gen. Ord. 1 259 to sign checks for withdrawal of money deposited. Gen. Ord. XXIX 277 to test process. Gen. Ord. Ill , 259 Co-debtor of Bankrupt liability not affected by discharge. Sec. 16 104 Commencement of Proceedings definition. Sec. 1 (10) 6 Commissions of referee. Sec. 40 (a) 15 of trustees. Sec. 48 (a) 162 Commissioner of Deeds may be referee. Sec. 35 (a) (2) 146 Commissioner U. S. acknowledgment before. Gen. Ord. XXI (6) 272 Commitment for contempt, practice. Sec. 41 (b) 155 referee, no power of. Sec. 38 (a) (2) 147 Compensation of clerk. Sec. 52 (a) 168 of clerks, referees and trustees. Gen. Ord. XXXV 275 of marshal. Sec. 52 (b) 169 of referees. Sec. 40 (a) 152 of stenographers. Sec. 38 (5) 149 of trustee. Sec. 48a . 162 GENERAL INDEX. 557 PAGE. Compensation Continued. withheld from trustees, when. Sec. 48 (c) 16-4 Composition Sec. 12, 13 85-89 Application for. Sec. 12 (b) 86 application for confirmation of. Form No. 61 358 order on. Form No. 62 . . 359 approval of, judge to hear. Gen. Ord. XII 265 by whom approved. Gen. Ord. XII (3) 266 confirmation of, property to revest in bankrupt. Sec. 70 (f) 251 by judge when. Sec. 12d 87 confirmation or rejection and setting aside. Sec. 2 (9) 24 discharge on. Sec. 14 (c) 103 distribution to be as court directs. Sec. 12(b) 89 notice of. Sec. 58 (a) (2) 185 opposition to. Gen. Ord. XXXII 273 order confirming. Form No. 62 359 ( of distribution on. Form No. 63 360 petition for meeting to consider. Form No. 60 357 when set aside. Sec. 13 89 title to property to vest in trustee. Sec. 70 (d) 250 Compositions when set aside what claims to be prior. Sec. 64 (c) 217 Compounding of Claims. Gen. Ord. XXVIII 276 Compromise notice of. Sec. 58 (a) (7) 186 Compromises. Sec. 27 a 139 notice to creditors on. Sec. 58 (a) (7) 186 Computation of Time. Sec. 31 142 Computing Number of Creditors. Sec. 59 (e) 191 Conceal definition. Sec. 1 (22) 9 Concealment act of bankruptcy. Sec. 3 (a) (1) 32 from trustee by bankrupt. Sec. 29 (b) (1) 140 of book prevents discharge . Sec. 14 (b) (s) 100 Concurrence of two out of three trustees necessary. Sec. 47 (b) . . 161 Concurrent Jurisdiction of offenses in Circuit Courts. Sec. 23 (c) 132 Conditional Sale, see transfer. Sec. 1 (25) 10 Conduct of Business courts of bankruptcy may supervise. Sec. 2 (5) 18 Conduct of Proceedings in person or by attorney. Gen. Ord. IV 260 Conflicting Petitions disposal of in different districts. Gen. Ord. VI 261 disposal of in same districts. Gen. Ord. VII 261 Consanguinity petitioning creditors not to be counted for account of. Sec. 59 (e) 191 GENERAL INDEX. PAGE. Consent creditors may meet by. Sec. 55 (b) 171 jurisdiction by. Sec. 23 (b) 127 Consent of parties not to dismiss proceedings without notice to creditors . Sec. 59 (g) \ 192 Consular officers may administer oaths in foreign countries. Sec. 20 (3) 121 Contemplation of bankruptcy as affecting liens. Sec. 67 (c) (2) .... 223 Contempts before Referees . Sec. 2 (16) 29 Sec. 41 (a) 154 procedure. Sec. 41 (b) 154 Contested adjudications costs in. Gen. Ord. XXXIV 274 Contested Matters referee to make up records in. Sec. 39 a (5) .... 150 Contingent Liability proof and dividend. Gen. Ord. XXI (4) .... 272 Continuation of business. Sec. 2 (5) IS Conveyance when court may order. Sec. 67 (f) 229 Contract debt founded on provable. Sec. 63 (a) (4) 207 Contracts rights of action on, title to. Sec. 70 (a) (6) 249 Controversies arbitration of. Gen. Ord. XXXIII 274 Convenience of creditors consulted in first meetings. Sec. 55a. . . 170 parties ground for transfer of case. Sec. 32 a 143 trustee consulted in selecting depositories. Sec. 61 204 Conversion of securities to determine value. Sec. 57 (h) 182 Conveyances to be made by trustee. Sec. 70 (c) 250 within four months void. Sec. 67 (e) 227 Copies certified, when admissible. Sec. 21d 124 of written instruments, when filed. Sec. 57 (b) 177 Copyrights title to passes to trustee. Sec. 70 (a) (2) 241 Correctness of Claims duty of bankrupt to examine. Sec. 7 (a) (3) 70 Corporation definition. Sec. 1 (6) 5 may be surety. Sec. 50 (g) 166 may be trustees. Sec. 45 (a) (2) 158 officer of to execute letter of attorney. Gen. Ord. XXI (5) . . 272 proof of claim to be by treasurer when. Gen. Ord. XXI (1) 276 proof of debt due to. Form No. 33 332 what may be involuntary bankrupts. Sec. 4 (b) 48 Costs expenses are part of. Gen. Ord. X 264 fees deposited when. Sec. 51 (a) (4) 168 Costs taxing. Sec. 2 (18) 29 in contested adjudications. Gen. Ord. XXXIV 274 of administration prior claim. Sec. 64 (b) (3) 211 of immaterial depositions. Gen. Ord. XXII 273 of preserving estate, prior claim. Sec. 64 (b) (1 211 on seizure of property. Sec. 3 (e) 46 provable debts, when. Sec. 63 (a) (3) (4) 207 GENERAL INDEX. 559 PAGE. Counsel fees see seizure. Sec. 3 (e) 46 Counselors in bankruptcy referees cannot be. Sec. 40 a (2) 152 Counterclaims and set off. Sec. 68 238 Counties referees appointed in when needed. Sec. 34 (a) (2) .... 146 Court appoints trustees when. Sec. 44 156 appraisers to report to. Sec. 70 (3) 250 Appellate, defined. Sec. 1 (3) 4 definition. Sec. 1 (7) 5 may allow amendments to petition and schedules. Gen. Ord. XI 264 call special meeting of creditors. Gen. Ord. XXV. . . . 275 discharge imprisoned debtor. Gen. Ord. XXX 277 order appointment of trustee. Gen. Ord. XV 267 sale of perishable goods on petition when. Gen. Ord. XVIII 269 that no meeting of creditors be held after first meet- ing. Gen. Ord. XV 267 sales made subject to approval of. Sec. 70 (b) 250 to appoint appraisers. Sec. 70 (b) 250 Supreme, appeals to when taken. Sec. 25 (b) 137 controversies may be certified to. Sec. 25 (d) . . . . 138 when may order conveyance. Sec. 67 (f) 229 United States and State jurisdiction of. Sec. 23 126 Courts of Bankruptcy created and defined. Sec. 2 12 and their jurisdiction. Sec. 2 12 appeals from. Gen. Ord. XXXVI (1) .- 282 definition. Sec. 1 (8) . , 5 to designate depositories of money and fix bonds. Sec. 61 (a) 204 Courte and Procedure Ch. IV, Sec. 18 to 32 114 Courts Appellate. Sec. 24 132 in appeal case, to certify what. Gen. Ord. XXXVI (3) 282 jurisdiction. Sec. 23 126 Creation of Offices Sec. 33 (a) 145 Credit given by creditor after preference. Sec. 60 (c) 200 Creditor (see creditors) definition. Sec. 1 (9) 5 entitled to balance only after set-offs allowed. Sec. 68. ... 238 may appear by attorney. Gen. Ord. IV 260 may manage his own interest before the bankruptcy court. Gen. Ord. IV 260 offense, punishment. Sec. 29 (b) (3) 141 recovery of dividend. Sec. 57 (1) 184 secured. Sec. 56 (b) 173 definition. Sec. 1 (23) 9 560 GENERAL INDEX. PAGE. Creditor Continuee. to file schedule, when. Gen. Ord. IX 263 when allowed costs. Gen. Ord. XXXIV 280 Creditors Ch. VI, Sec. 55 to 60 170 appoint trustee. Sec. 44 a 156 as voters. Sec. 56 172 bond of . Sec. 69 239 when required. Sec. 3 (e) 46 claims (see proof of claims) Sec. 57 a 173 proof of forms for. Forms No. 31, 37 330 damage bond. Form No. 9 309 entitled to information of estates from referees. Sec. 39 (a) (3) 150 entitled to notice of compromise. Sec. 58 (a) (7) 186 declaration of dividends. Sec. 58 (a) (5) 185 dismissal of petition. Sec. 59 (g) 192 dismissal of proceedings. Sec. 58 (a) (8) 186 examinations of bankrupts. Sec. 58 (a) (4) 185 filing of trustee's accounts. Sec. 58 (a) (6) v .. 186 hearing on composition or discharge. Sec. 58 (a) (2) 185 notice of meetings of creditors. Sec. 58 (a) (3) 185 payment of dividends. Sec. 58 (a) (5) 186 sales of property. Sec. 58 (a) (4) 185 failing to appoint trustees, court shall. Sec. 44 156 final meeting of. Sec. 55 (f) 172 issue as to number of, how formed. Sec. 59 d 191 letter to trustee. Form No. 41 339 list of debts proved at first meeting. Form No. 18 319 may enter appearance in opposition to discharge. Gen. Ord. XXXII 280 may file involuntary petition when. Sec. 59 (b) 187 may request meeting. Sec. 55 (d) (e) 172 meetings of. Sec. 55 170 names and addresses of creditors to be transmitted to clerk. Gen. Ord. XXIV 274 notice of first meeting, form of. Form No. 18 319 notices to. Sec. 58 185 by referee. Sec. 39 (a) (4) 150 offenses by. Sec. 29 (b) 140 petitioning, bond of. Form No. 9 309 GENERAL INDEX. $6 1 PAGE. Creditors Continued. of partnership. Sec. 5 (6) 51 petition. Form No. 3 301 petitioning or opposing may conduct proceedings. Gen. Ord. IV 260 preferences. Sec. 57 g 178 receiving dividends, rights of (see dividends). Sec. 65 c. ... 218 rights against bankrupt may be enforced by trustee when. Sec. 67 (b) 222 preference. Sec. 57 (g) 178 special meeting of . Gen. Ord. XXV 275 court may call. Gen. Ord. XXV 275 subsequent meetings of, after first meeting. Sec. 55 (d) (e) 172 surety. Sec. 57 (e) 177 those within the U. S. to be first paid, sum equal to etc. Sec. 65 (d) 218 three may file involuntary petition. Sec. 59 (b) 187 voters at meetings. Sec. 56 172 when first meeting only may be held. Gen. Ord. XV 267 Creditors in Involuntary Petition number, how computed. Sec. 59 (e) 191 joining in involuntary petitions, who not to be counted. Sec. 59 (e) 191 letter to trustee. Form No. 41 339 petition, form of. Form No. 3 301 order to show cause on. Form No. 4 303 Criminal jurisdiction (see concurrent jurisdiction). Sec. 23 (c) . . 132 proceedings, examination of bankrupt not evidence in. Sec. 7 (9) 72 Cross-examination of Witnesses. Gen. Ord. XII 265 Custody of Property by marshal. Gen. Ord. XIX 270 D. Damages for seizing property. Sec. 3 (e) ... .7 32 right of action for title to. Sec. 70 (a) (6) 249 Date of bankruptcy definition. Sec. 1 (10) 6 time of. See adjudication, Sec. 1 (2) 4 Days, how computed (see computation of time) 240 Date of investiture of title. Sec. 70a. Sec. 31 (a) 142 Death of bankrupt. Sec. 8 75 of trustee. Sec. 46 (a) 158 Debt definition. Sec. 1 (11) 6 Appeal from allowance or rejection of. Sec. 25 (a) (3) 135 proof of, by agent or attorney. Form No. 35 334 562 GENERAL INDEX. PAGE. Debt Continued . partnership. Form No. 34 333 secured. Form No. 32 331 unsecured. Form No. 31 330 unsecured, proof of by agent. Form No. 36 335 Debt due corporation proof of. Form No. 33 332 Debtor imprisoned, produced before referee. Gen. Ord. XXX 277 when to furnish schedule. Gen. Ord. IX 263 Debtors adjudication that not bankrupt. Form No. 11 311 petition, form of. Form No. 1 285 recover costs, when Gen. Ord. XXXIV 280 Debts what are a fixed liability (See debt) . Sec. 63 (a) (1) 205 costs of administration. Sec. 64 (b) (3) 211 preserving estate subsequent to filing petition. Sec. 64 (b) ( 1) 211 entitled to .priority under state laws. Sec. 64 (b) (5) 216 having priority . Sec. 64 210 due as costs. Sec. 63 (a) (2) 206 due as costs. Sec. 63 (a) (3) 207 on debts reduced to judgment after filing of petition . Sec . 63 (a) (5) 209 Debts due on open account. Sec. 63 (a) (4) 207 filing fees of creditors. Sec. 64 (b) (2) 211 not affected by discharge. Sec. 17 (a) 105 proved at first meeting list of. Form No. 19 320 wages earned in three months. Sec. 64 (b) (4) 214 which may be proved. Sec 63 (a) 205 Debts and assets form for summary of. Form No. 1 298 Declaration of dividends. Sec. 65 (a) (b) , 217-218 notice to creditors of . Sec. 58 (a) (5) 185 Deed. See Document, Sec. 1 (13). Transfer, Sec. 1 (25) 10 from bankrupt to trustee, the equivalent of. Sec. 21 (e) 125 from trustee to bankrupt. Sec. 21 (g) 125 Deeds, books, papers and writings list of. Form No. 1 298 Defalcation not discharged from liability for. Sec. 17 (4) 110 Default clerk may refer after. Sec. 18 (f) 118 When may be taken against bankrupt and creditors. Sec. 18 (e) 117 Defeat act effort to. See offenses. Sec. 29 (f) (4) 141 Defense to proceeding in bankruptcy solvency. Sec. 3 (c) 44 Definitions, Ch. 1, Sec. 1 (a) 3 Delivery and return of papers between clerks and referees. Sec. 51 (a^ (3) 167 Demand. See debt. Sec. 1 (11) 6 GENERAL INDEX. $03 PAGE. Denial of bankruptcy. Form No. 6 305 Denying discharge, appeal from order. Sec. 25 (a) (2) 135 Deposit of moneys See Duties of Trustees. Sec. 47 (a) (3) 159 Depositions. Sec. 21 (b) 124 before referee, how taken. Gen. Ord. XXII 273 notice of. Sec. 21 (c) 124 to prove accounts. Gen. Ord. XXI (1) 270 to prove claims, how entitled. Gen. Ord. XXI (1) 270 Depositories for money. Sec. 61 204 courts of bankruptcy to designate. Sec. 61 (a) : 204 courts of bankruptcy to fix bond of. Sec. 61 (a) 204 money must be deposited in. Sec. 47 (a) (3) 159 money may be increased. Sec. 61 (a) 204 Depository how money withdrawn from. Gen. Ord. XXIX 277 to be furnished with copy of order for payment of money and name of referee. Gen. Ord. XXIX 277 Designation of depositories. Sec. 61 204 Designation of newspapers. Sec. 28 7 139 of referee's districts. Sec. 34 (a) (2) 146 Destroyed Note or Instrument how proven. Sec. 57 (b) 176 Destruction of books prevents discharge. Sec. 14 (b) (2) 100 Detention of bankrupt. Sec. 9b 77 of property. See seizure. Sec. 3 (e) 46 right of action for passes to trustee. Sec. 70 (a) (6) 249 Deterioration ground for taking possession. Sec. 69 239 Determination of value of securities. Sec. 57h 182 Diminishing Claims how and when. Gen. Ord. XXI (6) 272 Diplomatic officers may administer oaths in foreign countries. Sec. 20 (3) 121 Directors see persons. Sec. 1 (19) 9 not released from liability. Sec. 4 (b) 48 Disbursements and receipts trustee must account for. Sec. 47 (a) (6) 160 how made by trustees. Sec. 47 (a) (6) 160 Disallowance of Claims jurisdiction. Sec. 2 (2) 15 appeal from. Sec. 25 (a) (3) 135 Discharge application for. Gen. Ord. XII 265 co-debtors not affected by. Sec. 16 104 by composition. Sec. 14c 103 by whom granted. Gen. Ord. XII (3) 266 564 GENERAL INDEX. PAGE. Discharge Continued . credit extended after (See Priority) . Sec. 64 (c) 217 debts not affected by. Sec. 17 105 definition. Sec. 1 (12) 6 evidence of. See Proof. Sec. 21 (f) 125 hearing for. Sec. 14 (b) 90 hearing on, notice to creditors. Sec. 58 (a) (2) 185 jurisdiction to grant. Sec. 2 (12) 25 may be referred to referee. Gen. Ord. XII 265 objection to. Sec. 14 (b) 90 of bankrupt form for. Form No. 59 187 opposition to. Gen. Ord. XXXII 278 petition for. Form No. 57 173 what to state. Gen. Ord. XXXII 278 referee's jurisdiction over. Sec. 38 (a) (4) 148 revoked, trustee appointed when. Sec. 44 156 setting aside jurisdiction. Sec. 2 (12) 25 specifications of objections. Form No. 57 187 on objection to. Gen. Ord. XXXII 278 when granted. Sec. 14 (a) 89 revoked. Sec. 15 (a) 103 title to bankrupt's property in Trustee Sec. 70 (d) 251 Discharging preferences failure to, act of bankruptcy. Sec. 3 (a) (3) 36 trustee, order for after allowing account. Form No. 51 349 Discharge of Bankrupt order for. Form No. 59 356 Discretion of court as to costs of objectionable matter.^ Gen. Ord. 3 XXII 273 Disinterested appraisers must be. Sec. 70 (b) 250 Dismiss petitions referees may when. Sec. 38 (a) (1) 147 Dismissal of Proceedings notice of. Sec. 58 (a) (8) 186 notice of. Sec. 59 (g) 192 lack of sufficient cause for. Sec. 59d 191 Disobedience before referee. (See contempts.) Sec. 41 (a) (1) 154 District Court when may issue habeas corpus. Gen. Ord. XXX ... 277 a court of bankruptcy. Sec. 2 12 Districts of referees. Sec. 34a (2) 146 District of Columbia, Supreme Court of Appeals from. Gen. Ord. XXXVI (2) 282 Jurisdiction of. Sec. 1 (8) 5 Dividend Notices form of. Form No. 41 339 Dividend Sheet referee to furnish to trustee. Sec. 39 (1) 149 Dividends belonging to minors. Sec. 66 (b) 218 claims not to affect, when. Sec. 65 (c) 218 GENERAL INDEX. 565 PAGE. Dividends Continued. declaration and payment of. Sec. 65 .................... 7 217 first dividend when declared. Sec. 65 (b) ................. 7 218 judge may order, when. Sec. 65 (b) ..................... 7 218 list of recorded by referee. Form No. 40 .................. 338 not to be paid unless. Gen. Ord. XXI (4) ................. 272 notice of. Form No. 41 ................................. 339 declaration, etc. Sec. 58 (a) (5) ................. 185 recovered on claims reconsidered and rejected. Sec. 57 (1). .. 184 referee to declare. Sec. 39 (1) ........................... 149 to be paid into court, when. Sec. 66 (a) .................. 219 on allowed claims, when. Sec. 65 (a) ............ 217 unclaimed. Sec. 66 .................................... 219 when creditors within the United States to be first paid. Sec. 65 (d) .............................................. . 219 to be distributed. Sec. 66 (b) ..................... 219 paid on contingent claims. Gen. Ord. XXI (4) . . 272 paid the bankrupt. Sec. 66 (b) ............... 219 Docket. Gen. Ord. I .............. ........................... 259 clerk to keep. Gen. Ord. I ............................. 7 259 name of attorney to be entered on docket. Gen. Ord. I ...... 259 open to public inspection. Gen. Ord. I .................... 259 what to contain. Gen. Ord. I ........................... 7 259 Document definitions. Sec. 1 (13) ..... ....................... 6 Documents neglect to produce contempt. Sec. 41a (3) . . . . 7 ...... 154 title to. See Title. Sec. 70 (a) (1) ...................... 241 Domicile jurisdiction. Sec. 2(1) .............................. 13 of debtor, controls first hearing when. Gen. Ord. VI ......... 261 Drafts disbursements to be by. Sec. 4 7 (a) (4) ................... 160 Duplicate petition filed in. Sec. 59(c) ......................... 190 Duties of attorney General. Sec. 53a ........................... 169 Duties of Bankrupt. See Bankrupt. Sec. 7. . . 7 .................. 69 Duties of clerks. (See Clerks.) Sec. 51a ..... 7 .................. 167 Duties of referees. (See Referees.) Sec. 39a, Gen. Ord. XII .... 149-265 Duties of trustees. (See Trustees.) Sec. 47a, Gen. Ord. XVII. 158-268 Earlier act of bankruptcy, when amendment setting up allowed. See Petitions in different districts. Gen. Ord. VI ............... 261 Effect, when Act goes into ..................................... 241 Embezzlement by trustee. (See Offenses.) Sec. 29a. . 7 . . 7 ........ 140 not dischargable debt. Sec. 17(4) ..... 7 .................. 110 Employes of bankrupt not counted as creditors, when. Sec. 59 (e). 191 Enforced, what liens may be. See Liens, Sec. 67d. . . . 7 ............ 224 5 66 GENERAL INDEX. PAGE. Enforcement of liens, trustees may effect for benefit of estate. Sec. 67(c) (3) 223 Entries on docket, what required. See Docket, Gen. Ord. 1 259 Entry of cases. See Docket, Gen. Ord. 1 259 of appearance, what must include. Gen. Ord. IV 260 Equalization of dividends. (See Dividends.) Sec. 55c 218 Equity jurisdiction. (See Circuit Courts.) Sec. 23a 126 Equity practice followed on appeals. Gen. Ord. XXXVI . . , . 281 Equity rules govern in bankruptcy. Gen. Ord. XXXVII 282 Error. See Appeals. Sec. 25 135 Errors of referee, how corrected. Gen. Ord. XXVII 275 Equity rules. See United States Equity Rules 363 Estates closing and re-opening power to. Sec. 2(8) 23 collection and distribution. Sec. 2(7) 19 how administered by three trustees. Sec 47b 161 how closed up. See Duties of Trustees. Sec. 47. 158 in bankruptcy, referee cannot purchase. Sec. 39b (3) 7 . . 152 information to be furnished by referees. Sec. 39 (a) (3) 150 inspection of affairs of refused. (See Offenses.) Sec. 29 (c) (3) 141 jurisdiction of. Sec. 2 (7) 19 of individuals. Sec. 5(g) 57 of partners. Sec. 5 51 property fraudulently conveyed, assets of. (See liens.) Sec. 67(e) 227 reports on condition of, made to courts, when. Sec. 47(a) (10). 160 trustees must collect and reduce to cash. Sec. 47 (a) (2) 159 Evidence examinations, when taken. See. 21 (a) 122 of revesting title. Sec. 21 (g) 125 of trustees' title. Sec. 21(e) , 125 referee to preserve. Sec. 39(9) 151 taken in absence of stenographer. Sec. 39 (a) (9) 151 Examination bankrupt shall submit to. Sec. 7(9) 72 Examination of bankrupt. Form No. 29 328 as to solvency. Sec. 3 (d) 45 at first meeting. Sec. 55(b) 171 duty of bankrupt to submit to. Sec. 7(a) (9) 72 notice of to creditors. Sec. 58(a) (1) 185 refusal to submit to contempt. Sec. 41 (a) (4) 154 stenographically reported, when. Sec. 38(a) (5) 149 Examination of witnesses. Sec. 38(a) (2) , Gen. Ord. XXII 147-273 Examinations order for, of bankrupt. Form No. 28 328 Exceptions to referee's findings. Gen. Ord. XXVII 275 GENERAL INDEX. $6? PAGE. Exceptions Continued. to trustee's report, argument on. Gen. Ord. XVII 268 Execution of assignment of claim. Gen. Ord. XII (5) 273 letter of attorney. Gen. Ord. XXII(5) 273 of papers. (See Duties of Bankrupts.) Sec. 7(4) 70 Exempt property statement of claim to. Form No. 1., Sch. B(5) . . 298, 297 title to not in trustee. Sec. 70 (a) 241 Exemption of bankrupts jurisdiction to determine. Sec. 2(11) . . 24 not effected by bankruptcy. Sec. 6a 58 trustee to set apart. Sec. 47 (a) (11) 161 when set off. Gen. Ord. XVII 268 Expenses indemnity may be required for. Gen. Ord X 264 of publishing notices. Gen.. Ord XXXV (2) 281 to be allowed of estates. Sec. 62 (a) 204 examined by the court. Sec. 62 (a) 204 reported in detail under oath. Sec. 62 (a) 204 of administering estates Sec. 62 204 marshal, return of to be made under oath. Gen. Ord. XIX 270 referee, include what. Gen. Ord. XXVI 275 stenographer. Sec. 38 (a) (5) 149 when bankrupt entitled to. Sec. 7 69 Expunging claims. See Proof Debts. Gen. Ord. XXI (6) 272 Expunging claims order for. See Form No. 39 337 Extortions (see Offenses) . Sec. 29 (b) (5) 141 Extradition of bankrupts. Sec. 10 78 bankrupts' jurisdiction of. Sec. 2 (14) 27 F. Facts reported by referee, when. Gen. Ord. XII (3) 266 Failure to give bond creates vacancy. Sec. 50k 166 False affirmation punishment, same as false oath. Sec. 20 (b) 121 claim punishment for filing. Sec. 29 (b) (3) 141 oath punishment for. Sec. 29 (b) (2) 141 Falsify definition. Sec. 1 (22) 9 Farmers excepted from involuntary proceedings. Sec. 4 (b) 48 Fees judge may order paid. Gen. Ord. XXXV (4) 281 witnesses prior claim. Sec. 64 (b) (3) 211 Fees and commissions of referees. Sec. 40 (a) 152 and commissions of trustees. Sec. 48 162 clerks must collect and account for. Sec. 51 (a) (4) 168 deposited by moving creditors have priority. Sec. 64b (2) .... 211 deposited when paid out. Sec. 51 (a) (4) 168 in voluntary cases, how collected. Gen. Ord. XXXV (4) 282 568 GENERAL INDEX. PAGE. Fees Continued . judge may order paid. Gen. Ord. XXXV (4) 282 of attorneys for bankrupt examined into. Sec. 60d. . .7 202 of clerks. Gen. Ord. XXXV (4) 282 of officers do not cover expenses. Gen. Ord. XXXV 281 of witness must be paid or tendered in advance when. Sec. 4 (a) (4) 154 priority of payment of (see Priority). Sec. 64 210 voluntary bankrupt not required to pay, when. Sec. 51 (a) (2).. 167 witnesses' fee a prior claim. Sec. 64 (b) (3) 211 Fiduciary debts not discharged. Sec. 17 (a) (4) 110 Filing of claims for allowance. Sec. 57 (c).7 177 Filing of papers. Gen. Ord. II 259 after reference may be filed with the clerk or the referee. Gen. Ord. XX 271 time of filing and character to be endorsed on. Gen. Ord II 259 Final account of trustee notice of filing, etc. Sec. 58 (a) (6) 186 meeting of creditors, when. Sec. 55f 172 statement of trustees. Sec. 47 (a) (7) (8) 160 Findings of referee confirming, modifying, overruling, returning of Sec. 2 (10) 24 Findings of fact by court required on appeals. Gen. Ord. XXXVI (3). . 282 F*irst dividend when declared. Sec. 65 (b). . .' 218 First meeting bankrupt shall attend. Sec. 7 (1) 69 list of debts proved at. Form No. 19 320 notice of, how published. Sec. 7 (a) (1) 69 First meeting of creditors. Sec. 55 (a) (b) ... 7 170-171 notice of. Form No. 18 319 when no other meetings necessary. Gen. Ord. XV 267 who presides at, of creditors. Sec. 55 (b) 171 Forma pauperis petition in. Sec. 51 (2) 167 Former bankruptcy acts Act of 1800 423 Amendment Feb. 13, 1801. .77. . 443 Apr. 29, 1802 444 Dec. 19, 1803 444 Actof 1841. . . 7 445 amendment Mch. 3, 1843 455 Act of 1867. . . 456 GENERAL INDEX. 569 PAGE. Former Bankruptcy Acts Continued. amendment July 27, 1868 488 June 30, 1870 T 489 July 14, 1870. . .T.. 490 June 8, 1872 490 Feb. 13, 1873. .... 491 March 3, 1873 491 June 22, 1874 T 492 Apr. 14, 1876 503 July 26, 1876 504 June 7, 1878 505 Forms. Sec. 307 142 prescribed to be followed. Gen. Ord. XXXVIII. 7 283 Forms in Bankruptcy. account of trustee. Form No. 49 347 adjudication of bankruptcy. Form No. 12 7 312 that debtor not a bankrupt. Form No. 11 .... 311 affidavit of lost bill or note. Form No. 37 336 application for confirmation of composition. Form No. 61... 358 appointment, oath and report of appraisers. Form No. 13... 313 of trustee by creditors. Form No. 22 323 by referee. Form 23 324 bankrupt's petition for discharge. Form No. 57 7 354 bond of petitioning creditors. Form No. 9 309 of referee. Form No. 17 318 of trustee. Form No. 25 7 326 to marshal 7 7 certificate by referee to judge. Form No. 56 7 353 denial of bankruptcy. Form No. 9 T 309 discharge of bankrupt. Form No. 59 356 examination of bankrupt or witness. Form No. 29 228 letter of attorney in fact, general. Form No. 20 321 special. Form No. 21 322 list of claims and dividends. Form No. 40 7 338 of debts proved at first meeting. Form No. 38 337 notice of dividend. Form No. 41 7 339 of first meeting of creditors. Form No. 18 310 of petition for removal of trustee. Form No. 53 7 350 to trustee of his appointment. Form No. 24 325 oath to final account. Form No. 50 348 to Schedule A 7 291 to Schedule B 7 297 of billin equity. Eq. Rule 20 7 367 of last interrogatory in equity cases. Eq. Rule 71 388 570 GENERAL INDEX. PAGE. Forms in Bankruptcy Continued. of order allowing account and discharging trustee. Form No. 51 349 approving trustee's bond. Form No. 26 327 confirming composition. Form No. 62 353 expunging claim. Form No. 39 337 for choice of new trustee. Form No. 55 354 examination of bankrupt. Form No. 28 328 jury trial. Form No. 7 306 removal of trustee. Form No. 54 353 of distribution on composition. Form No. 63 360 reference Form No. 12 315 in judge's absence. Form No. 15 316 reducing amount of claim. Form No. 38 337 that no trustee be appointed. Form No. 27 327 petition, creditors. Form No. 3 301 order to show cause on. Form No. 4 ... 303 debtor's. Form No. 4 303 partnership . Form No. 2 299 and order for sale by auction. Form No. 42 340 of perishable property. Form No. 46 . 344 subject to liens. Form No. 44 342 private sale. Form No. 45 343 for meeting to consider composition. Form No. 60 359 removal of trustee. Form No. 52 349 proof of debt by agent or attorney. Form No. 35 334 partnership. Form No. 34 333 due corporation. Form No. 33 332 secured. Form No. 32 331 by agent. Form No. 36 335 unsecured. Form No. 31 330 referee's oath of office. Form No. 18 317 Schedule A, debts of bankrupt 287 Schedule B, property of bankrupt 292 special warrant to marshal. Form No. 8 307 return thereon 307 specification opposing discharge. Form No. 58 356 subpoena to alleged bankrupt. Form No. 5 S04 summary of debts and assets. Form No. 1 . , 299 summons to witness. Form No. 30 329 GENERAL INDEX. 271 PAGE. Forms in Bankruptcy Continued. return thereon. Form No. 30 329 trustee's report of exempt property. Form No. 47 345 no assets. Form No. 48 346 Four months' limitation on Acts. Sec. 3b (1) 42 what liens void, when within. See Liens, Sec. 67 220 Frame of petition. Gen. Ord. V 260 Fraud act of bankruptcy, when. Sec. 3(a) 32 composition may be set aside for. Sec. 13 89 discharge may be revoked for. Sec. 15(a) 103 on this Act, as affecting liens. Sec. 67(c) (3) 223 prevents discharge. Sec. 14(b) (2) 100 transfer void for. Sec. 67 (e) 227 transfer void for. Sec. 67 (c) (3) 223 when exempted from arrest for. Sec. 9 (a) (2) 76 Fraudulent conveyances. See Liens, Sec. 67 (e) 227 title in trustee. Sec. 70 (a) (4) 243 debts not discharged. Sec. 17(a) (4) 110 expenditure by trustee. Sec. 29a 140 Further credit when set off. Sec. 60b 197 0. General trustee not to be appointed. Gen. Ord. XIV 267 Guarantor for Bankrupt. Sec. 16 104 Gender masculine, includes what. Sec. 1(28) 7 11 General Assignment. when an act of bankruptcy. Sec. 3(a) (4) 40 letter of attorney. Form No. 20 7 321 Orders include forms. Gen. Ord. XXXVIII 284 General Orders. accounts of marshals. Gen. Ord. XIX. ... 7 270 accounts of referee. Gen. Ord. XXVI 275 amendments. Gen. Ord. XI 264 appeals. Gen. Ord. XXXVI 282 appointment and removal of trustee. Gen. Ord. XIII 267 arbitration. Gen. Ord. XXIII. . . . ." 280 compensation of clerks, referees, and trustees. Gen. Ord. XXXV 281 conduct of proceedings. Gen. Ord. IV 26 costs in contested proceedings. Gen. Ord. XXXIV 281 docket. Gen. Ord. 1 259 duties of referee. Gen. Ord. XII 265 duties of trustees. Gen. Ord. XVII 268 filing of papers. Gen. Ord. II 265 272 GENERAL INDEX. PAGE. General Orders Continued. forms. Gen. Ord. XXXVIII. . . .7 283 frame of petitions. Gen. Ord. V. . . 7 260 general provisions. Gen. Ord. XXXVII 282 Indemnity for expenses. Gen. Ord. X 264 Imprisoned debtor. Gen. Ord. XXX 277 no official or general trustee. Gen. Ord. XIV 267 notice to trustee of his appointment. Gen. Ord. XVI 268 opposition to discharge or composition. Gen. Ord. XXXII . . 278 orders of referee. Gen. Ord. XXIII 278 papers filed after reference. Gen. Ord. XX 270 payment of moneys deposited. Gen. Ord. XXIX 277 petition for discharge. Gen. Ord. XXXI 278 petitions in different districts. Gen. Ord. VI 261 priority of petitions. Gen. Ord. VII 262 proceedings in partnership cases. Gen. Ord. VIII. . 263 process. 'Gen. Ord. Ill 259 proof of debts. Gen. Ord. XXI. 270 redemption of property and compounding of claims. Gen. Ord. XX 276 review by judge. Gen. Ord. XXVII 275 sale of property. Gen. Ord. XVIII 269 schedule in involuntary bankruptcy. Gen. Ord. IX 263 special meeting of creditors. Gen. Ord. XXV 275 taking of testimony. Gen. Ord. XXII 273 transmission of proved claimant to clerk. Gen. Ord. XXIV. . 274 trustee not appointed in certain cases. Gen. Ord. XV 267 H. Habeas corpus to release debtor. Gen. Ord. XXX . . 7 277 Hearing on involuntary petition. Sec. 59 (d) . . . . T 191 as to sufficient number of creditors. Sec. 59 (d). . . .7 191 Hearings on applications for discharge, notice of, required.. Sec. 58(a) (2) 185 consolidated petitions. Gen. Ord. VII 262 confirmation of composition, notice of required. Sec. 58 (a) (2) 185 contempts. Sec. 41 (b) 155 objections to claims. Sec. 57 (f) 178 when and where had. Gen. Ord. XII 265 Hire, see Wage-earner. Sec. 1 (27) 11 Holding property in advance of adjudication. Sec. 3(e) '. 46 Holiday definition of. Sec. 1(14) 7 excluded if last day. Sec. 31 (a) 7 142 GENERAL INDEX. 573 PAGE. Homestead see Exemptions, Sec. 6. . . . T 58 duty of trustee to set aside . Sec. 47a (11) 161 statement of claim to. See Form No. 1, Sch. B(5) 7 296 I. Identity to be established, when. Gen. Ord. XXI (5) 272 Implied contract debt founded on, provable. Sec. 63 (a) (4) 207 Imprisonment, as punishment under act. Sec. 29 140 Imprisoned debtor. Gen. Ord. XXX 277 Incumbrance of property by bankrupt void when. Sec. 67 (e) 227 Indebtedness, amount necessary in involuntary proceedings. Sec. 4(b) 48 Indemnity for expenses, when may be required. Gen. Ord. X 264 Expenses, money paid for, shall be repaid out of estate when. Gen. Ord. X 264 Indian Territory. See States. Sec. 1 (24) 10 Individual debts and assets. See Partners. Sec. 5 51 Indorser. See Secured Creditor. Sec. 1 (23) 9 Infants and insane persons allowed more time for proof of claim. Sec. 57 (n) 184 have one year after majority to claim dividends. Sec. 66 (b) 219 Inferior courts of bankruptcy. See Appellate Courts. Sec. 24 (b) 133 Information as to bankruptcy. Sec. 53 169 as to estates. Sec. 39 (a) (3) 150 trustees to furnish. Sec. 47 (a) (5) , 160 Injunction by whom granted. Gen. Ord. XXII (3) 273 suits restrained by, when. Sec. 11, a 78 Injuries judgment for wilful and malicious not discharged. Sec. 17 (2) 107 Injuries to property right of action for. Sec. 70 (a) (6) 249 Insane persons allowed more time for proof of claims. Sec. 57 (n) . . . 184 Insanity of bankrupt. Sec. 8 (f) 75 Insolvency laws when act not to affect 250 Insolvency, jury trial of. Sec. 19 (a) 119 preference and effect on liens. Sec. 67 (c) (1) 223 when person is, definition. Sec. 1 (15) 7 Inspection accounts to be open for. Sec. 49 (a). . 164 of docket, right of . See docket. Gen. Ord. 1 259 of records, refusal to allow. Sec. 29 (c) (3) 142 Instrument See Document. Sec. 1 (13) 6 in writing, how proved and withdrawn. Sec. 57 (f) 176 Insurance policies.on life, title to. Sec. 70 (a) (5) 248 schedule of. Form No. 1, Sch. B (3) . . . 294 574 GENERAL INDEX. PAGE. Intention, affecting preference. Sec. 60 (b) ...................... 197 Intent to, defeat act. Sec. 29 (b) (4) ............................ 141 to give preference affecting payment. Sec. 60 (b) ........... 197 when affect act of bankruptcy. Sec. 3 (a) .................. 32 Interest on accounts, proof of. Gen. Ord. XXI (1) ............... 270 provable as part of debt when. Sec. 63 (a) (1) .............. 205 trustees must account for. Sec. 47 (a) (1) .................. 150 Interlineation not permitted in petitions. Gen. Ord. V ........... 263 Interlocutory judgments. Sec. 24 (b) ........................... 131 Intervenors. Sec. 59 (f) ...... ................................. 198 Inventory trustee to prepare. Gen. Ord. XVII .................. 26S Involuntary bankrupt subpoena to. Form No. 5 ................ 304 trial by jury. Sec. 19 (a) .................. 119 who may become. Sec. 4 (b) .............. 48 Involuntary bankruptcy petitioning creditors to file schedule. Gen. Ord. IX ........................... 263 Involuntary bankrupts. Sec. 4 (b) ............................. 48 cases bond to be given by creditors. Sec. 69 (a) ........ 239 costsin. Gen. Ord. XXXIV ........................ 280 marshal may seize property, when. Sec. 69 (a) ........ 239 Involuntary petition answer to, must contain list of creditors, when. Sec. 59 (d) (e) .............................. 191 appearance of creditors in interest. Sec. 59 (f) 191 certain creditors not to be counted. Sec. 59 (e) . 191 creditors who must join in. Sec. 59 (b) ........ 187 defense maybe made by partners. Gen. Ord. VIII ..................................... 263 not to-be dismissed without notice. Sec. 59 (g) . 192 petitions to be filed in duplicate. Sec. 59 (c) . . 190 what first heard. Gen. Ord. VII ............. 262 who may file. Sec. 59(b) ................... 187 Involuntary petitions creditor's filing fees, prior claims. Sec. 64 (b) (2) ................................................. 211 Issue as to number of creditors. Sec. 59d ........................ 191 Issues, how and when determined. Sec. 18(d) .................... 117 joiner in bankruptcy. See Form No. 6 .................... 305 of fact referred to referee. Gen. Ord. XII (3) ............ : . . 266 Joining petitions. Sec. 59f .................................... 191 to prevent dismissal. Sec. 59d ................. 191 Joint bond of trustees. Sec. 50h ................................ 166 Joint trustees. Sec. 47 (b) .................................... 168 GENERAL INDEX. 575 PAGE. Judge definition. Sec. 1 (16) 1 clerk may refer when absent. Sec. 18 (f) 118 can remove trustee. Gen. Ord. XIII 2G7 may issue warrant to seize and hold property of bankrupt, when. Sec. 69 (a) 239 modify rules of practice. Gen. Ord. XXXVII 233 order declaration of dividends. Sec. 65 (b) 218 remove trustee. Gen. Ord. XIII 237 review referee's finding. Gen. Ord. XXVII 275 powers of vested in referees. Sec. 38 (a) (3) 143 referee may act in absence of. Sec. 38 (3) 148 referee's certificate to. Form No. 56 353 shall approve, fix the amount of bond. Sec. 69 (a) 239 the sureties on bond. Sec. 69 (a) -239 State Court, witness may be ordered before Sec. 21 (a) 122 to hear application for discharge. Gen. Ord. XII 265 Judges list of U. S. Districts 506 Judgment when a preference. Sec. 60 (a) 192 Judgment Debt provable claim. Sec. 63 (a) (1) 205 Judgments after petition filed, provable when. Sec. 63 (a) (5) .... 239 against bankrupt's estate. Sec. 67 (b) 222 of referee's, review of. Gen. Ord. XXVII 275 preferences when. Sec. 60 (a) 192 provable when. Sec. 63a (1) 205 void when. See liens. Sec. 67f 229 voidable by trustee when. Sec. 60b 197 when by judge. Gen. Ord. XII 265 Jurisdiction. Chapter II. Sec. 2-12 12 See adjudicate bankrupt power to. Sec. 2 (1) 13 appeals, power to entertain. Sec. 25 135 appointment of trustee. Sec. 44 156 Circuit Courts. Sec. 23a 126 Circuit Court of Appeals. Sec. 24 (b) 133 composition. Sec. 2 (9) 24 concurrent. Sec. 23 (c) 132 conduct of business. Sec. 2 (5) 18 contempts. Sec. 2 (16) ; Sec. 41, 29 154 costs. Sec. 2 (18) 29 court first acquiring to retain. Gen. Ord. VI 261 discharge. Sec. 2 (12) 25 estates. Sec. 2 (7) 19 exceptions. Sec. 2 (10) 24 exemptions. Sec. 2 (11) 25 576 GENERAL INDEX. PAGE. Jurisdiction Continued . extradition. Sec. 2 (14) ........................... V 27 parties, to make. Sec. 2 (6) ........................ T 19 possession. Sec. 69 ................................ 239 powers not enumerated. Sec. 2 ...................... 30 proof. Sec. 21 (f) .................................. 125 receivers. Sec. 2 (3) ............................... 16 referees. Sec. 34, 38 ............................... 145 seizure. Sec. 3 (e) ................................ ." 46 State Courts. Sec. 23 (b) ........................... 127 transfer of cases. Sec. 2 (19) ....................... 30-143 trustee. Sec. 2 (17) ................................ 29 of referees. Sec. 38a ................................ 147 adjudicate or dismiss petitions. Sec. 38 a (1) . 147 administer oaths. Sec. 38 (a) (2) ........... 147 exercise powers of judge, when. Sec. 38 (a) (3) ..................................... 148 follow rules as to duties. Sec. 38 (a) (4) ..... 148 Jury, specially summoned. Sec. 19 (b) ........................ . 120 Jury Trial order for. Form No. 7 ............................. 306 right to. Sec. 19 (c) ................................... 121 Jury Trials. Sec. 19 (b) ...................................... 120 Justice of the peace referee may be. Sec. 35 (a) (2) ............. . 146 K. Knowledge of preference intended when it will render the preference voidable. Sec. 60 (b) ................................. 197 intended renders lien void. Sec. 67 (f) 229 Last day included, when. Sec. 31 (a) ............................ 142 Law and fact, conclusions and findings. Gen. Ord. XXXVI (3) .".... 282 Law, jurisdiction proceedings in . .Gen. Ord. XXXVII ............ 283 Leave to amend petitions and schedule. Gen. Ord. XI. ..." ........ 264 Legal proceedings, liens obtained under void. Sec. 67 (f) ........... 229 Letter of attorney acknowledged before. Gen. Ord. XXI (5) ...... 272 acknowledgment of. General Ord. XXI ................... 272 on behalf of corporation. Gen. Ord. XXI .................. 272 partnership. Gen. Ord. XXI (5) ............ 272 to be under oath. Gen. Ord. XXI (5) ...................... 272 Letter of attorney in fact general. Form No. 20 ................. 321 special. From No. 21 ................. 322 to trustee by creditor directing payment of dividends. Form No. 41. . . 339 GENERAL INDEX. 577 PAGE. Levies when right under passes to trustee. Sec. 67 (f) 229 preserved for estate. Sec. 67 (f) r . 229 void under Act. Sec. 67 (f) 7 229 Liability of trustees. See Duties of trustees. Sec. 47 158 Liens. Sec. 67 "1 220 given after being adjudged bankrupt. Sec. 67 (e) 227 petition and order of sale subject to Form No. 44 342 trustee subrogated to right to. Sec. 67(b) 222 unrecorded when not liens. Sec. 67 (a) 220 what dissolved by adjudication. Sec. 67 (c) . . . '. 222 not affected by Act. Sec. 67(d) 7 224 when creditor has knowledge of insolvency. Sec. 67 (c) (2) .... 223 obtained during insolvency. Sec. 67 (c) (1) 223 within four months. Sec. 67(f) 7 229 permitted in fraud of Act. Sec. 67 (a) (3) 220-223 Limitation bonds of referee. Sec. 50(1) 166 trustee. Sec. 50(m) 166 four months as to liens. Sec. 67 220 claims. Sec. 57 (n) 7 184 offenses. Sec. 29(d) 142 on appeals. Sec. 25(a) (3) 135 on claiming dividends. See unclaimed dividends, Sec. 66 .... 219 suits by or against trustee. Sec. 1 1 (d) 85 Limited partnership definition. Sec. 1 (6) 5 Liquidated demands. Sec. 63(b) '. 209 List of claims and dividends to be recorded by referee. Form No. 40 . 338 List of creditors, when to be filed with answer in involuntary cases Sec. 59 (d) 191 when to be filed by referee. Sec. 39a(6) 150 List of debts proved at first meeting of. Form No. 19 320 proved claims shall contain what. Gen. Ord. XXIV 274 Lost bill or note, affidavit of. Form No. 37 336 Lost writing. Sec. 57 (b) 176 M. Mailing notices, expense of. Gen. Ord. XXX V(l) (2) 281 Majority in number and amount of creditors may designate place for meeting. Sec. 55(e) 172 of three trustees must concur Sec. 47 (b) 161 Malicious and wilful injuries judgments for. Sec. 17(2) 107 Manufacturing corporations. Sec. 4(b) 48 Marshal bond to. Form No. 10 T 310 compensation of. Sec. 52(b) . . . . 7 169 578 GENERAL INDEX. PAGE. Marshal Continued. jurisdiction over. Sec._2(3) 7 16 may require indemnity for expenses. Gen. Ord. XIX 270 to make return of expenses incurred under oath. Gen. Ord XIX 270 to obtain vouchers, when. Gen. Ord. XIX 270 warrant to, special. Form No. 8 307 when ordered to seize property of involuntary bankrupt. Sec. _] 69 (a) 239 Marshalling assets of partnership. Sec. 5 (f) , (g) 55-57 Masculine gender definition. Sec. 1 (28) 11 Master in chancery referees may be. Sec. 35(a) (2) '. 146 Meeting of creditors court may order that none be called after the first. Gen. Ord. XV 267 final. Sec. 55(f) 172 first. Sec. 55(a), (b). .. .7 170-171 first notice of. Sec. 58(b) 186 list of debts proved at first. FormNo. 19 320 notice of. Sec. 58(a) (3) 185 special. Gen. Ord. XXV. .' 275 subsequent. Sec. 55(a) (b) 170-171 to consider composition. Form No. 60 357 Meeting of creditors. Sec. 55 170 Mercantile corporations may be bankrupts. Sec. 4(f) 48 Mileage of witnesses has priority. Sec 64b (3) 211 paid or tendered in advance . Sec. 41 (a) (4) .... 7 154 Minors dividend belonging to claimed after majority. Sec. 66 (b).. 219 Misappropriation by trustee. Sec. 29 (a) 140 not discharged from liability for. Sec. 17(4) ... 7 110 Money courts to designate depositories for. Sec. 61 (a) 204 depositories for. Sec. 61 204 to be withdrawn from depository by check. Gen. Ord. XXIX. 277 Mortgage. (See Transfer.) Sec. 1 (25) 10 when and how discharged. Gen. Ord. XXVIII 276 Mutilate definition. Sec. 1 (22) 9 Mutual debts or credits set off. when. Sec. 68a. . . 7 238 N. National Banks seem to be contemplated as depositories. Form No. 61 358 excepted from bankruptcy proceedings. Sec. 4 (b) 48 Necessary expenses allowed when . Sec. 62 204 expenses of court officers. Gen. Ord. XXXV 282 Ne exeat. Sec. 9 (b) 77 GENERAL INDEX. 579 PAGE. New credit when claim under may be set off. Sec. 60 (c) 200 New Parties. Sec. 2 (6) 19 Newspapers designation of. Sec. 28a .....? 139 New trustee order for choice of. Form No. 55 352 No trustee appointed, when. Gen. Ord. XV 267 order that none be. Form No. 27 327 Nonresidents jurisdiction of. Sec. 2 (1) 3 13 Notary Public referees may be. Sec. 35 (a) (2) 141 what may be acknowledged before. Gen. Ord. 3^X1 7 271 Not bankrupt adjudication. Form No. 11 316 Note affidavit of lost. Form No. 37 336 how proved and withdrawn. Sec. 57 (b) 179 Notice designation of newspaper. Sec. 28 7 139 of dividend. Form No. 41 339 first meeting of. Form No. 18 318 order discharging bankrupt from custody. Gen. Ord. XXX 270 petition, order for. Form No. 57 354 for redemption. Gen. Ord. XXVIII 7 276 for removal of trustee. Form No. 53 350 record of revesting title. Sec. 21 (g) 125 of trustee's title. Sec. 21 (e) 125 special meeting of creditors. Gen. Ord. XXV 275 referee's order to show. Gen. Ord. XXII 7 273 to be given by referee. Sec. 58 (c) 186 to trustee of his appointment. Form No. 23 324 what to contain. Gen. Ord. XXV 275 Notice of Assignment of Claim given to original 7 claimant. Gen. Ord. XXI (3) 271 Notice of Involuntary Petition to be given to contesting partner. Gen. Ord. VIII 7 263 when to be given to creditors. Sec. 59 (d) 191 Notice to trustee of appointment. Form No. 24 325 to be made by referee . Gen . Ord . XVI 268 what to contain. Gen. Ord. XVI 7 268 Notices and Orders when served on attorney. Gen. Ord. VI 261 Notices to Creditors. Sec. 58 7 185 how given. Sec. 58 (b) 7 186 may be waived in writing. Sec. 58 (a) 185 must be by mail. Sec. 58 (a) 7 185 of dismissal of petition. Sec. 59 (g) 7 192 referee to give. Sec. 39 (4) 7 150 sale to take place without, when. Gen. Ord. XVIII 269 580 GENERAL INDEX. PAGE. Notices to Creditors Continued. sent to any address on request. Gen. Ord. XXI (2) T 271 to prosecuting creditor in habeas corpus. Gen. Ord. XXX ... 7 277 to whom addressed. Gen. Ord. XXI (2) 7 271 when required. Sec. 58^ (a) ? 185 Number of Creditors how computed. Sec. 59 (e) 191 issue formed on. Sec. 59 (d) 191 referees. Sec. 37 (a) T 147 trustees. Sec. 44 ? 156 Numbering cases. Gen. Ord. I 259 O. Oath by whom administered. Sec. 20 (a) 121 definition. Sec. 1 (17) ? 8 expense account to be reported under. Sec. 62 7 204 false, punishment. Sec. 29 (b) (2) 140 form for to schedule (b) . Form No. 1 285 of appraisers, form of. Form No. 13 313 of office, referee's. Form No. 16 7 317 referee's return to be under. Gen. Ord. XXV 275 return of marshal's expenses to be made under. Gen. Ord. XIX 270 to final account of trustee. Form No. 50 T 348 Oaths, Affirmation, etc. Sec. 20 121 Obedience to orders court's power to enforce. Sec. 2 (13) 25 Objections to claims. Sec. 57f 7 178 to questions, how taken. Gen. Ord. XXII 273 to discharge. Gen. Ord. XXXII 278 specifications of grounds of. Gen. Ord. XXXII 7 278 Offenses jurisdiction of courts. Sec. 23 (c) 132 limitations. Sec. 29 (d) ; 142 punishment. Sec. 29 (a) 140 what are under act. Sec. 29 (a) 7 140 Officer definition. Sec. 1 (18) 8 Officers their duties and compensation, Ch. V. Sec. 33 to 54 145 to include "persons" in act. Sec. 1 (19) 7 9 to prepare statistics. Sec. 56 161 official bonds. Sec. 50 (a) 164 Official Forms (See Forms) 285 Official trustee, not to be appointed. Gen. Ord. XIX 270 One trustee or three. Sec. 44 156 Open account, provable. Sec. 63 (a) (4) 207 Operation of law, title changes by. Sec. 70 7 241 Opportunity for inspection, reasonable, refused. Sec. 29 (c) (3) 141 GENERAL INDEX. $81 PAGE. Opposition to discharge or composition. Gen. Ord. XXXII T 278 Opposition to discharge specifications of grounds. Form No. 58 . . 356 to petitions creditors may make. Sec. 59 (f) 191 Order allowing account and discharging trustee. Form No. 51 .... 340 approving trustee's bond. Form No. 26 327 confirming composition. Form No. 62 T 359 discharging bankrupt. Form No. 59 ? 357 evidence of. Sec. 21f 125 expunging claim. Form No. 39 7 337 for choice of new trustee. Form No. 55 7 352 examination of bankrupt. Form No. 28 328 general jurisdiction to make. Sec. 2 (15) 27 jury trial. Form No. 7 7 306 removal of trustee. Form No. 54 ~. 351 sale of real estate. Form No. 42 340 distribution on composition. Form No. 63 360 notice on petition for discharge. Form No. 57 7 356 payment of debts having priority. Sec. 64 210 of reference. Form No. 14 315 copy of order to be sent to referee. Gen. Ord. XII .265 in judge's absence. Form No. 15 7 316 referee, review of. Gen. Ord. XXVII T 275 of reference, what to contain. Gen. Ord. XII V 265 on motion, must contain name of moving attorney. Gen. Ord. IV 260 petition for private sale. Form No. 45 ? 343 sale by auction. Form No. 42 T 7 340 petition for sale subject to lien. Form No. 44 7 342 reducing claim. Form No. 38 T 337 that no trustee be appointed. Form No. 27 .' 327 to show cause on creditor's petition. Form No. 4 303 Orders general. Sec. 30. See General Orders 142 Orders bankrupt shall comply with. Sec. 7 (2) 69 enforcing obedience to. Sec. 2 (13) T 25 Orders of Referee what to contain. Gen. Ord. XXII 273 Original claimant, notice to of proof of assigned claim. Gen. Ord. XXI (3) 271 jurisdiction. See courts of bankruptcy. Sec. 2 12 vested in Circuit Courts of Appeals. Sec. 24 (b) 133 P. Papers bankrupt shall execute. Sec. 7 (4) 70 books, deeds and writing, list of. Form No. 1 . Sch. B 6. 298, 297 582 GENERAL INDEX. PAGE. Papers Continued. filed after reference. Gen. Ord. XX 270 clerks must deliver or mail to referees, when. Sec. 51 (a) (3) .. 168 etc. to be endorsed with name of attorney. Gen. Ord. IV .... 260 trustee's open to inspection. Sec. 49 164 of estates, inspection refused. Sec. 29 (c) (3) 141 to be called for by referees in person. Sec. 39 (a) (10) 151 Parties, additional, new and substitution. Sec. 2 (6) 19 in interest, right to inspect papers. Sec. 49 164 Partner when to file schedule of debts. Gen. Ord. VIII 263 Partners adjudged bankrupt when. Sec. 5 (a) 51 jurisdiction of one gives of] estate. Sec. 5 (c) 54 refusing to join in petition. Gen. Ord. VIII 263 Partnership claim by; deposition by partners. Gen. Ord. XXI (1) . 270 accounts of trustee. Sec. 5 (a) 55 adjudged bankrupt, when. Sec. 5 (a) 51 claims of against members. Sec. 5 (g) 7 57 creditors of. Sec. 5 (b) 54 distribution of assets. Sec. 5 (f) 55 expenses how paid. Sec. 5 (e) 55 jurisdiction of one partner enough. Sec. 5 (c) 54 petition against in different districts, when amended. Gen. Ord. VI 261 petition of. Form No. 2 299 proof of debt by. Form No. 34 333 trustee, how chosen. Sec. 5 (b) 54 when adjudicated bankrupt. Sec. 5 (a) 7 51 where all partners not adjudicated. Sec. 5 (h) 57 Partnership Cases expenses. Sec. 5 (e) 55 proceedings in. Gen. Ord. VIII 7 263 Partnership Petition form for. Form No. 2 299 Patent rights to pass to trustee. Sec. 70 (a) (2) 241 Patents title to, to pass to trustee. Sec. 70 (a) (2) 241 Paupers' affidavit. Sec. 5 (a) (2) 167 Payment. See Transfer. Sec. 1(25) 10 Payment of dividends notice of declaration of and time of. Sec. 58(a) (5) 185 of. Sec. 65 217 of moneys deposited. Gen. Ord. XXVIII 277 Penalties and forfeitures, how far allowed. Sec. 57J. ... 7 183 Pending proceeding, not dismissed until creditors notified. Sec. 59d . 191 Perishable property petition and order for sale. Form No. 26. . . 7 . . 327 Saleof. Gen. Ord. XVIII 269 Perpetuating testimony. Gen. Ord. XXXV (2) 281 GENERAL INDEX. $83 PAGE. Person against whom, etc., definition. Sec. 1(1) 7 4 Persons definition. Sec. 1 (19) 9 Personal property appraisal of. Sec. 70b 250 Petition creditors, form of. Form No. 3 ^ 301 definition. Sec. 1(20) 7 9 filed in duplicate. Sec. 59(c) 190 form of voluntary. Form No. 1 285 for partnerships. Form No. 2 T 299 how amended. Gen. Ord. XI 264 framed. Gen. Ord. V, 260 in different districts. Gen. Ord. VI 261 involuntary, who may file. Gen. Ord. V, Sec. 59 (b) 187 order to show cause on form of. Form No. 4 303 Petition and order for private sale. Form No. 45. . . 7 343 redemption of property from lien. Form No. 43 341 sale of perishable property. Form No. 46. ... 7 344 sale subject to lien. Form No. 44 ". 342 Petition for discharge Gen. Ord. XXXI 278 Form No. 57 354 Petition for meeting to consider composition. Form No. 60 7 . . 357 Petition for review filed with Judge. Gen. Ord. XXVII T 275 rinding of referee to be certified. Gen. Ord. XXVII 275 Petition for redemption of property. Gen. Ord. XXVIII ... V 276 Petition for sale of real estate. Form No. 42. . . 7 340 Petitions court may order to be consolidated. Gen. Ord. VII. . . T . . 262 debtor's domicile to control hearing on. Gen. Ord. V 260 frame of. Gen. Ord. V 260 in different districts. Gen. Ord. VI. . . 7 261 may be adjudicated or dismissed by referees when. Sec. 38 (a)(l) 147 must be filed in duplieate. Sec. 59(c) 7 190 not to be dismissed without notice. Sec. 59(g) T 192 not to be filed until 251 number of creditors necessary. Sec. 59 (d). . . . '. 191 one alleging first Act of Bankruptcy to be first heard. Gen. Ord. VII 262 priority of. Gen. Ord. VI 261 voluntary, who may file. Sec. 59(a) 7 . 187 who may file and dismiss involuntary. Sec. 59 (b) 187 Petitions and schedules to be written or printed. Gen. Ord. V 260 584 GENERAL INDEX. PAGE. Petitioner's bond. See Possession. Sec. 69 239 when required. Sec. 3(e) 7 46 Petitioning creditor's bond. See Form No. 9 309 recover costs, when. Gen. Ord. XXXIV 281 Place where referees shall act. Gen. Ord. VII 265 Plead, who may. Sec. 18(f) 7 115 Pleadings. Sec. 18 114 to be verified. Sec. 18(c) 116 varying time for. Gen. Ord. XXXVII .. .'. 283 Plural number definition. Sec. 1 (29) ...7 11 Policy of insurance when to pass to trustee. Sec. 70 (a) (5) 243 Poor person when not to pay fees. Sec. 51 (2) 1 67 Possession of property when judge may order taken. Sec. 69a ...".. 239 when may be seized. Sec. 3(e) . . . .~. 46 Powers not enumerated. Sec. 2 ". 27-30 which bankrupt might exercise to pass to trustee. Sec. 70 (a) (3) : 242 Powers of attorney, how made and attested. Gen. Ord. XXI (5) 272 attorney, forms for Forms 20-21 331-332 Practice Appeals. Sec. 25 135 equity rules to govern, when. Gen. Ord. XXXVII 282 law rules to govern, when. Gen. Ord. XXXVII 282 referees not to in bankruptcy. Sec. 39(b) (2) 152 Preference what is giving. Sec. 60(a) 192 credit after preference. Sec. 60(c) , 200 test in dissolving liens. Sec. 67 (c) (1) 223 when lien works. Sec. 67 (c) (1) 7 223 when act of bankruptcy. Sec. 3 (a) (2) 33 when trustee may set aside. Sec. 60 (b) ^192 when surrendered, claim allowed. Sec. 57 g 178 Preferred Creditors. Sec. 60 192 when may claim set-off. Sec. 60 (c) 200 Prescribed rules, forms and orders. Sec. 30 (a) 142 Preservation of estates. Sec. 2 (3) 16 Preserving estate, cost of has priority. Sec. 64 (b) (1) 211 Principal place of business. Sec. 2 (1) 13 Prior Claims schedule, form of schedule (a) (1). Form No. (1) 287-295 Priority claims having, how far allowed. Sec. 57 (e) 177 not entitled to vote. Sec. 56 (b) 172 debts having. Sec. 64 (a) 210 costs of administration. Sec. 64b (3) 211 costs of preserving estate. Sec. 64 (b) (1).. 211 debts entitled to priority under state or GENERAL INDEX. $8$ PAGE. Priority Continued. federal laws. Sec. 64 (b) (5) 216 filing fees. Sec. 64 (a) 211 taxes due. Sec. 64 (a) 210 wages due working men and clerks. Sec. 64b (4) 214 of petitions. Gen. Ord. VII 262 statement of debts having. Form No. 1, Sch. A (1) 298, 287 given by state laws, preserved by bankrupt court. Sec. 64 (b) (5) . 216 Private bankers. Sec. 4 (b) 48 corporations. Sec. 1 (b) , 5 sale petition and order for. Form No. 45 348 Procedure violation of act. Sec. 2 (4) 7 13 See Appellate Courts. Sec. 24 132 conduct of proceedings. Gen. Ord. IV 260 death of trustee. Sec. 46 T 158 debts provable. Sec. 63 7 205 dividends. Sec. 65 T 217 duties of referees. Sec. 38 7 147 Notices to creditors. Sec. 58 7 185 no trustee. Gen. Ord. XV ? 267 petitions. Sec. 59 7 187 possession. Sec. 69 239 proof and allowance of claims. Sec. 57 173 rules. Sec. 30a 142 Supreme Court. Sec. 25 7 135 transfer of cases. Sec. 32 (a) 7 143 Proceeding when bankruptcy is denied. Sec. 3 (d) 45 Proceedings how conducted. Gen. Ord. IV 260 in partnership cases. Gen. Ord. VIII T 263 under state insolvency laws not affected. Sec. 70b . . 251 Process. Sec. 18 7 114 Process. Gen. Ord. Ill 259 disobedience of contempt. Sec. 41 (a) (1) 154 judge may vary time allowed for return of. Gen. Ord. XXXVIII 283 to be tested by clerk. Gen. Ord. Ill 259 to issue out of court under seal. Gen. Ord. Ill 259 Promissory note how proven and withdrawn. Sec. 57 (b) 176 Proof burden of as to solvency. Sec. 3 (c) 44 Proof and allowance of claims. Sec. 57a 173 duty of bankrupt as to. Sec. 7 (a) (3) 70 Proof of Claims where filed after reference. Gen. Ord. XX 7 270 $86 GENERAL INDEX. PAGE. Proof of Debt by agent or attorney. Form No. 35 7 334 by partnership. Form No. 34 T 333 due corporation. Form No. 33 332 Proof of Debts (See claims), how made. Gen. Ord. XXI T 270 deposition must aver what. Gen. Ord. XXI (1) 270 must show reason why when made by an agent. Gen. Ord. XXI 270 Depositions to prove must be entitled in cause and court. Gen. Ord. XXI 270 letter of attorney to represent in. Gen. Ord. XXI (5) 272 notice to creditors where sent. Gen. Ord. XXI (2) 271 on open account to state date debt is due. Gen. Ord. XXI (1) . 271 proof of assigned claims. Gen. Ord. XXI (3) 271 debt due a partnership must show deponent member. Gen. Ord. XXI 270 re-examination of proof of claim. Gen. Ord. XXI (6) ". 272 Gen. Ord. XXI (2) T 271 trustee to deliver to referee. Gen. Ord. XXI (1) 270 when debt due corporation who to make deposition. Gen. Ord. XXI (1) 270 Proof of Secured Debt. Form No. 32 7 331 by agent. Form No. 36 7 335 unsecured debt. Form No. 31 330 Property appraisement of. Sec. 70 b. 250 bankrupt shall convey what. Sec. 7 (5) 70 judge may issue warrant to seize. Sec. 69 (a) T 239 partnership. Sec. 5 51 possession of. Sec. 69 239 recovery of by trustee. Sec. 70 (e) 250 recovery from bankrupt. Sec. 29b (4) 141 referee cannot purchase when. Sec. 39 (b) (3) 152 statement of in voluntary proceedings. Form No. 1, Sch. B 292 sales of, notice to creditors to be given. Sec. 58 (a) (4) .... 185 sales of. Gen. Ord. XVIII 269 title to. Sec. 70 239 title to what in trustee. Sec. 70 (a) 241 to be released if bankrupt files bond. Sec. 69 (a) 239 when bankrupt about to neglect. Sec. 69 (a) 239 Property of Bankrupt to be appraised. Sec. 70 (b) 250 to be sold subject to approval of court Sec. 70 (b) 250 trustee to convey title to . Sec. 70 (c) 250 Prosecutions concurrent jurisdiction of. Sec. 23 (b) 127 GENERAL INDEX. 87 PAGE. Protection of Bankrupts. Sec. 9 V 76 Provable Claims (see debts which may be proved. Sec. 64 210 Proved Claims list, referee to transmit. Gen. Ord. XXIV 274 Publication of Notices of creditors' meetings. Sec. 58 (b) 186 service by. Sec. 18 (a) 114 Punishment jurisdiction. Sec. 2 (4) 18 Purchase by referee of property of bankrupt. Sec. 29 (c) (2) .... 141 by referee at sale. Sec. 39 (b) (3) 152 Purchaser bona fide, when not affected by bankrupt act. Sec. 67 (f) 229 Purchased claim not set off. Sec. 68 (b) (2) .238 Purchasers in good faith protected, when. Sec. 67 (e) 227 Q. Qualifications of referees. Sec. 35 (a) 146 trustees. Sec. 45 (a) 158 R. Real Estate petition and order for sale of. Form No. 42 340 schedule of. Form No. 1, Sch. B (1) 292 Receivers jurisdiction. Sec. 2 (3) 16 when appointed. Sec. 3 (e) 46 Reconsideration of Claims jurisdiction. Sec. 2 (2) 15 Recorded Lien not affected by act. Sec. 67 (d) 224 Record as affecting liens. Sec. 67 (a) 220 in case of appeals. Gen Ord. XXXVI (3) 283 notice of revesting title. Sec. 21g 125 trustee to, conveyances. Sec. 71 255 Records referee to make. Sec. 39 (5) 150 Records of Referee confirming, modifying, overruling or returning. Sec. 2 (10) 24 Records of Referees. Sec. 42 154 Recovery of Property. Sec. 67 (e) 227 Redemption of Property. Gen. Ord. XXVIII 276 from lien, petition for. Form No. 43 341 Re-examination of Claims. Gen. Ord. XXI (6) 272 Referee account of expenses to be kept by. Gen. Ord. XXVIII 269 application for discharge may be referred to. Gen. Ord. XII 265 appointment of trustee by. Form No. 23 324 approval of composition may be referred to. Gen. Ord. XII 265 bond, limitation on. Sec. 50 (1) 166 bond of. Form No. 17 . . 318 $88 GENERAL INDEX. PAGE Referee Continued . certificate of to judge. Form No. 56 .' 353 clerk to pay fee to. Sec. 51 (4) 168 compensation of. Gen. Ord. XXXV (2) 282 contempts before. Sec. 41 154 call on clerk for papers. Sec. 39 (a) (10) 151 creation of office. Sec. 33 145 declare dividends. Sec. 39 (a) (1) 149 definition of. Sec. 1 (21) 9 depositions before. Gen. Ord. XXII 273 dividend sheets. Sec. 39 (a) (1) 149 duties of. Sec. 39. 149 examine schedule. Sec. 39 (a) (2) 149 furnish information, duty to. Sec. 39 (a) (3) .... 150 give notices to creditors, duty to. Sec. 39 (a) (4) . . 150 make records. Sec. 39 (a) (5) 150 prepare schedules. Sec. 39 (a) (6) 150 preserve evidence. Sec. 39 (a) (9) 151 records. Sec. 39 (a) (7) 151 ._ transmit papers to clerk. Sec. 39 (a) (8) 151 duties of. Gen. Ord. XII 265 duties performed as to time and place. Gen. Ord. XII 265 examination of witnesses before. Gen. Ord. XX 270 exceptions to trustee's report argued before. Gen. Ord. XVII 268 expenses not to be included in fees. Gen. Ord. XXXV (2) . . 282 expenses to be returned under oath. Gen. Ord. XXVI .... 275 failure to give bond. Sec 50 (k) 166 indorse time of filing on papers. Gen. Ord. II 259 jurisdiction of. Sec. 38 147 may require indemnity for expense. Gen. Ord. X 264 may take acknowledgment of. Gen. Ord. XXI (5) 272 number of. Sec. 37 ." 147 oath of office. Sec. 36 147 oath of office. Form No. 16 317 offense by, punishment. Sec. 29 (c) (1) (2) (3) 140, 141 papers may be filed with after reference. Gen. Ord. XX . . 270 petition for review to be filed with. Gen. Ord. XXVII 275 qualification of. Sec. 35 146 removal and districts of. Sec. 34 145 time to act on cases fixed by judge. Gen. Ord. XII 265 to approve appointment of trustee. Gen. Ord. XIII 267 to be furnished blanks when. Gen. Ord. Ill 259 to give notices. Sec. 58 (c) 186 notify trustee of appointment. Gen. Ord. XVI 268 GENERAL INDEX. 589 PAGE. Referee Continued. to protect bankrupt from arrest. Gen. Ord. XII 265 to transmit list of claims to clerk. Gen. Ord. XXIII 274 to whom case referred. Sec. 22 (a) 125 transfer of cases from one to another. Sec. 22 (b) 126 what may be referred to. Gen. Ord. XII 265 what orders must show. Gen. Ord. XXII 273 when proceedings had before. Gen. Ord. XII 265 to countersign checks. Gen. Ord. XXX 277 when to order assignee of claim subrogated to original claimant Gen. Ord. XXI 271 when to order rule to show cause on trustee for failure to file report. Gen. Ord. XVII 268 Referees bonds of. Sec. 50 (a) 164 cases in which they may not act. Sec. 39 (b) (1) 151 compensation. Sec. 40 152 contempts before. Sec. 41 154 not to practice as attorney, when. Sec. 39 (b) (2) 152 not to purchase property in bankruptcy. Sec. 39 (b) (3) . . 152 records of. Sec. 42 155 Referee's Absence or Disability. Sec. 43 156 Reference. Sec. 18 (f) (g) 118, 119 order of. Form No. 14 ." 315 in judges' absence. Form No. 157 316 to name date on which bankrupt shall attend before referee. Gen. Ord. XII 265 Reference of Cases after adjudication. Sec. 22 a 7 125 may be general or special. Sec. 22 a (1) 126 to whom made. Sec. 22 a (2) 126 Reinstating Cases jurisdiction in. Sec. 2 (12) 7 25 Removal of referees. Sec. 34 (a) (1) 145 Removal of Trustee petition for. Form No. 52 349 notice of petition for. Form No. 53 350 order on petition for. Form No. 54 351 Report of Appraisers form of. Form No. 13 313 of exemption property by trustee. Form No. 47 345 of exemptions by trustee, when made. Gen. Ord. XVII . . 268 of trustees, when to be made. Sec. 47 a (7) (8) (10) 160 Residence of bankrupt, jurisdiction. Sec. 2 (1) 13 of trustees. Sec. 45 158 of witness not compelled to attend of state, of his. Sec. 41 a (4) per 154 59 GENERAL INDEX. PAGE. Return of marshall on special warrant. Form No. 8 307 no assets by trustee. Form No. 48 346 process time allowed for. Gen. Ord. XXXVII 283 subpoena. Sec. 18 a T 114 summons to witness. Form No. 30 329 Reveslonary interests, statement of. Form No. 1, Sch. B (4) 298, 295 Revesting Title evidence of. Sec. 21 (g) 125 Revestment of Title. Sec. 70 d 250 Review by Judge how had of referee's findings. Gen. Ord. XXVII 275 records in to be made by referees. Sec. 39 (a) (5) . 150 Revoking Discharge evidence of. Sec. 21 (f) , 125 Right of Action title to. Sec. 70 (a) (6) 249 Right of Trial by jury. Sec. 19 119 Rule Nisi against trustees for defaults. Gen. Ord. XVII 268 on creditors' petition. Form No. 4 303 Rules may be modified by judge. Gen. Ord. XXXVII 283 S. Sale by auction, petition for. Form No. 42 340 of perishable property. Form No. 46 344 private, petition for. Form No. 45 343 subject to lien, petition for. Form No. 43 341 account of to be kept by trustee. Gen. Ord. XVIII 269 court may authorize trustee to sell. Gen. Ord. XVIII 269 may order, when. Gen. Ord. XVIII 269 notice of. Sec. 58 (a) (4) 185 private sales when made. Gen. Ord. XVIII 269 to be by public auction. Gen. Ord. XVIII 269 to be made subject to approval of court. Sec. 70 (b) 7 250 without approval of court, when. Sec. 70 (b) 250 Schedules bankrupt shall prepare and file. Sec. 7 (8) , 70 examined by referees. Sec. 39 (a) (9) 151 form of , of accomodation paper. Form No. (1), Sch. (a) (5) 298, 291 bills and notes. Form No. (1), Sch. (a) (4) . .298, 290 books, etc., relating to bankrupt's business. Form No. (1), Sch. (b) (6) 298, 297 chores in action. Form No. (1), Sch. (b) (3) 298, 294 exempt property. Form No. (l),Sch. (b) (5) 298, 296 personal property. Form No. (1), Sch. (b) (2) 298, 293 prior claims. Form No. (1), Sch. (a) (1) 298, 287 real property. Form No. (1), Sch. (b) (1). .298, 292 reversions, remainders, etc. Form No. (1), GENERAL INDEX. 591 PAGE. Schedules Continued. Sch. (b) (4) 298, 295 secured creditors. Form No. (1), Sch. (a) (2) 298, 288 statement of all property of bankrupt. Form No. (1), Sch. (b) .298, 292-297 unsecured creditors. Form No. (1), Sch. (a) (3) 298, 289 how framed. Gen. Ord. V 260 in involuntary bankruptcy. Gen. Ord. IX 263 petitioning creditors shall file, when. Gen. Ord. IX 263 when, how and amend. Gen. Ord. XI . . , 264 Secrete definition of. Sec. 1 (22) 9 Secured Claims how far allowed. Sec. 57 (e) 177 not entitled to vote. Sec. 56 (b) 173 Secured Creditor. Sec. 56 (b) 173 Secured Creditor definition. Sec. 1 (23) 9 Secured Debt proof of. Form No. 32 331 Securities determination of value. Sec. 57 (h) 192 Security may prove debt of principal, when. Sec. 57 (1) 183 Seizure of Property. Sec. 3 (e) 46 Servants wages of, prior claim. Sec. 64 (b) (4) 214 Service of process. Sec. 18 a 114 expense of service. Gen. Ord. XIX 267 Set-offs when not provable. Sec. 68 (b) (1) 238 when not to be allowed. Sec. 68 (b) 238 when obtained to gain a preference. Sec. 68 (a) (2) 238 preferred creditor may claim. Sec. 68 b (1) (2) 238 to be made. Sec. 68 (a) 238 Settlement of controversies, when and how had. Gen. Ord. XXXIII 280 estates, arbitration in. Sec. 26 139 Singular Number definition. Sec. 1 (30) 11 Solvency (see insolvency) . Sec. 1 (15) 7 burden of proof of. Sec. 3 (c) 44 Special letter of attorney. Form No. 21 322 meeting of creditors. Gen. Ord. XXII 273 orders modifying practice. Gen. Ord. XXXVII 283 reference. Sec. 22 (a) (1) 126 how referee compensated. Sec. 40 c 154 warrant to marshal. Form No. 8 307 Specification of Opposition to Discharge. Form No. 58 356 State Courts jurisdiction. Sec. 23 (b) 127 proceeding in, enjoined. Gen. Ord. XII (3) , 266 witnesses may be summoned before judges in bankruptcy proceedings. Sec, 21 (a) 123 592 GENERAL INDEX. PAGE. State Insolvency Laws proceedings begun under, not affected by act 251 State Laws concerning exemptions followed. Sec. 67 (e) 227 Statement of Debts. Form No. 1, Sch. A 208, 287-291 trustee must make in detail. Sec. 47 (a) (7) 160 States definition. Sec. 1 (24) 10 Statistics of Bankruptcy Proceedings. Sec. 54 a 169 Stay of Proceedings when granted. Gen. Ord. VI 261 Stenographers employment and compensation. Sec. 38 (5) 149 SubpCEna to alleged bankrupts. Form No. 5 304 to witness and return on. Form No. 30 329 to issue out of court. Gen. Ord. Ill 259 Subrogation of securities. Sec. 57 (i) 183 when trustee entitled to. Sec. 67 (b) 222 when trustee has right of to lien. Sec. 67 (c) (3) 223 Substitution of Parties. Sec. 2 (6) 19 Subsequent Dividends (see dividends). Sec. 65 (b) 218 meetings of creditors. Sec. 55 (b) 172 Suits by and against bankrupt. Sec. 11 78 Summary hearing on contempts. Sec. 41 (b) 155 of debts and assets. Form No. 1, Sch. A. B 298, 287-297 Summons to issue out of court. Gen. Ord. Ill 259 witness. Form No. 30 329 Sunday, when excluded. Sec. 31 142 Supreme Court U. S. appeal to. Gen. Ord. XXXVI (2) 282 appeals to. Sec. 25 (b) 137 Surety may prove claim. Sec. 57 (i) 183 Sureties on Bond by whom approved. Sec. 69 (a) 239 must show solvency. Sec. 50 (d) 165 two required. Sec. 50 (e) 165 Surrender of Preferences Required. Sec. 57 (g) 178 T. Taxes must be paid. Sec. 64(b) 211 not discharged. Sec. 17(a) (1) ". 106 Term of office referees two years. Sec. 34(a) (1) 145 Territory appeal to Supreme Court of. Gen. Ord. XXXVI (1) .... 282 Territories what included in definition. Sec. 1 (24) 10 Testimony expenses of. Gen. Ord. XXII 264 of bankrupt not to be used in criminal proceedings. Sec. 7(9) . 72 takingof. Gen. Ord. XXII 273 Time computation of. Sec. 31 142 for appeals. Gen. Ord. XXXVI 281 of bankruptcy. See date of bankruptcy, Sec. 1 (10) T . . . . $ GENERAL INDEX. $93 PAGE. Time Continued. when act takes effect. Sec. 71 (a) 251 petition may be filed. Sec. 3(b) 7 42 Title to property. Sec. 70 7 241 bankrupt's property to vest in trustee. Sec. 70(a) 241 documents relating to bankrupt's property. Sec. 70 (a) (1). . 7 241 insurance policy with cash surrender value. Sec. 70a (5) how proved , 7 7 243 interest in patents, patent rights, etc. Sec. 70(2).. .7 241 powers which bankrupt might exercise for his own benefit. Sec. 70(a) (3) 242 property transferred in fraud by bankrupt. Sec. 70 (a) (4). . .7 24 property which might have been transferred and sold by bank- rupt. Sec. 70(a) (5) 243 rights of action on contract. Sec. 70 (a) (6) .... 7 249 when to revest in bankrupt. Sec. 70(f) . . . 7 251 Title to vest in trustee as of what date. Sec. 70(d) . . 7 250 vests in trustee, as of date of adjudication. Sec. 70 (a) 241 Trade-marks title to passes to trustee. Sec. 70 (a) (2) 241 Trading corporations. Sec. 4(b) 7 48 Transfer definition. Sec. 1 (25) 10 when to be avoided by trustee. Sec. 70(f) 251 when a preference. Sec. 60(a) T 192 Transfer of cases power of court. Sec. 2(19) T 30 where petitions in different districts. Sec. 32 . . 7 143 from one district to another. Gen. Ord. VI 7 261 from one referee to another. Sec. 22(b) ... 7 126 Transfers by bankrupt when void. Sec. 67 (e) 7 227 Transmission of proved claims to clerk. Gen. Ord. XXIV . . 7 274 Treasurer of corporation, to prove claim, when. Gen. Ord. XXI (1) . 270 Trial by jury order for. Form No. 7 . . 7 306 Trustee's accounts in partnership cases. Sec. 5(d) 55 account. Form No. 49. ... 7 347 Trustee, accounts and papers of. Sec. 49 164 appointment of. Gen. Ord. XIII 267 by creditors. Form No. 22 323 powertomake. Sec. 2 (17) ". 29 by referee. Form No. 23 324 by creditors. Sec. 44 7 156 bond of. Form No. 25 326 bond of, order approving. Form. 26. 327 certified copy of order approving bond. Sec. 21 (e) 125 clerk to pay fee to. Sec. 51(4),. . 168 594 GENERAL INDEX. PAGE. Trustee Codtinued. compensation of. Gen. Ord. XXXV ? 281 compensation of. Sec. 48 162 compromise by. Sec. 27 ? 139 court may order appointment of. Gen. Ord. XV 267 creation of, office. Sec. 33 ? 145 definition. Sec. 1(26) 11 duties of. Gen. Ord. XVII 268 account for interest. Sec. 42(2) . . . 7 159 close up estate. Sec. 47(3) 159 deposit money in depository. Sec. 47(3) 159 disburse money by check or draft on depository. 47(4) 160 final report and account. Sec. 47(8) 7 160 furnish information. Sec. 47(5) 160 keep accounts. Sec. 47(6) 160 pay dividends. Sec. 47(9) 160 set apart exemptions. Sec. 47(11) 161 statement of Adm. Sec. 47(7) 160 when to report. Sec. 47(10) 160 final account and discharge of. Sec. 2(8) 23 failure to give bond. Sec. 50 (k) 166 joint bonds. Sec. 50 (j) 166 may avoid transfers when. Sec. 70(e) 250 make application for leave to submit controversy to arbitration. Gen. Ord. XXXIII 280 petition to redeem property. Gen. Ord. XXVIII. . . . 7 . . 276 recover money paid attorney by bankrupt, when. Sec. 60(d) 202 no general or official trustee to be appointed. Gen. Ord. XIV . 267 not appointed in certain cases. Gen. Ord. XV 267 not required to give bond on appeal. Sec. 25 (c) . ... 7 138 notice of appointment. Gen. Ord. XVI 268 notice of petition for removal. Form No. 53 350 Form. No. 24 325 oath to final account of. Form No. 50 348 order allowing account and discharge of. Form No. 51 349 order for choice of new. Form No. 54 351 order for choice of new. Form No. 55 352 offenses by, punishment. Sec. 29(a) 140 Sec. 29 (c) (3) 141 order that none be appointed. Form No. 27 327 petition for removal of. Form No. 52 349 preparation and filing of inventory by. Gen. Ord. XVII. ..... 268 GENERAL INDEX. 595 PAGE. Trustee Continued . qualification of. Sec. 45 158 removal. Sec. 2 (17) 29 removal of. Gen. Ord. XIII 267 record kept of money paid out by. Gen. Ord. XXIX 277 recover bankrupt's property. Sec. 70 (e) 250 report of exempt property. Form No. 47 345 report in compliance with. Sec. 47. Gen. Ord. XVII 268 takes title to property when composition set aside.!!. Sec. 70 (d) 250 takes title to property when discharge revoked. Sec. 70 (d) . . . 250 to convey title to property to purchaser. Sec. 70 (c) 250 to have title to certain property. Sec. 70 241 to pay unclaimed dividends into court. Sec. 66(a) 219 vacancy in office of. Gen. Ord. XXV '." 275 when conveyed property passes to. Sec. 67 (e) 227 may preserve lien for estate. Sec. 67 (f) . . . . ' 229 subrogated to rights of creditor. Sec. 67 (b) 222 where may sue. Sec. 23(b) 127 who appoints in partnership cases. Sec. 5(b) 54 return of no assets. Form No. 48 346 bond limitation. Sec. 50(m) 166 bonds who to fix amount. Sec. 50(c) 165 bonds of. Sec. 50(b) 165 death or removal of. Sec. 46 158 duties of. Sec. 47 158 Two years limitation of suits. Sec. 50 (1) (m) 166 U. Unclaimed dividends (see Dividends) . Sec. 66 219 Unliquidated claims how liquidated. Sec. 63 (b) 209 United States Circuit Courts (see Circuit Courts.) Sec. 23 (a) 126 United States Courts judges, clerks and referees 506 United States Equity Rules 381 Answers. 373-381 amendment of 381 exceptions to 381 Appearance 366 Bills, amendment of 370 cross 388 frame of 367 nominal parties to 377 parties to revivor and supplemental 380 stockholders of corporation 395 taken pro confesso 366 596 GENERAL INDEX. PAGE. United States Equity Rules Continued. cross-bills 388 Decrees 392 Demurrers and pleas 372 English chancery practice to govern when 394 Exceptions to answers 381 to report of master. ..." 392 Form of the last interrogatory. 388 Frame of bills 367 Guardians and prochein ami 393 Injunctions 394 Issue 383 Masters 388 Nominal parties to bills 379 Parties to bills 377 Pleas. . ; 372 Preliminary regulations. 361 Proceedings before masters 388 Process 363 service of . . .7 365 Pro confesso bills taken 366 Reference to and proceedings before masters 388 Replication and issue 383 Report of master, exceptions to. . . .7 392 Revivor, bills of . . 380 Service of process 365 Stockholders of corporation, bills by. . . .'. 395 Testimony De Bene Esse 387 how taken 383 V. Vacancy in office of referee how filled. Sec. 43 (a) 156 Vacancy in office of trustee. Gen. Ord. XXV 275 Value of securities, how ascertained. Sec. 57h 182 Verification of pleadings. Sec. 18 (c) 116 Vesting of title in trustee. Sec. 70 (a) 241 Violation of act jurisdiction to punish. Sec. 2 (4) . ..." 18 Voluntary bankrupt. Sec. 4 (a) . 47 petitions, adjudication on. Sec. 18 (g) ..." 119 Voluntary who may file petition for. Sec. 59 (a) 187 Voters at creditors' meetings. Sec. 56a. 171 creditors with security, not. Sec. 56 (b) 173 Vouchers when referee to give. Gen. Ord. XXVI. . .7 276 GENERAL INDEX. 597 W. PAGE. Wage-earner definition. Sec. 1 (27) 11 may not be made involuntary bankrupt. Sec. 4 (b) 48 Wages when prior claim. Sec. 64 (b) (4) 214 Warrant to marshal special. Form No. 8 307 to seize property of involuntary bankrupt when may issue. Sec. 69 (a) 239 Who may become bankrupts. Sec. 4 47 Witness examination of Form No. 29 328 fees and mileage. Sec. 41 (a) (4) 154 fees of, prior claim. Sec. 64 (b) (2) 211 summons to. Form No. 30 329 when not compelled to attend before referee. Sec. 41 (a) (4) 154 Witnesses examination of. Gen. Ord. XXII 273 Women, see Gender. Sec. 1 (28) 11 Words definition. Sec. 1 (28) (29) (30) -. 11 Workmen wages of, prior claim when. Sec. 64 (b) (4) 214 Writ of habeas corpus when to issue. Gen. Ord. XXX. 277 Written instrument debt founded upon, provable. Sec. 63 (a) (1) 205 u University of California SOUTHERN REGIONAL LIBRARY FACILITY 305 De Neve Drive - Parking Lot 17 Box 951388 LOS ANGELES, CALIFORNIA 90095-1388 Return this material to the library from which it was borrowed. SCHOOL OF LAW LIBRARY UNIVERSITY OF CALIFORNIA LOS ANGELES