Cornell University Law Library The Moak Collection PURCHASED FOR The School of Law of Cornell University And Presented February 14, 1893 IN nenoRY of JUDGE DOUGLASS BOARDMAN V ' FIRST DEAN OF THE SCHOOL ' ' By his Wife and Daughter A. M. BOARDMAN and ELLEN D. WILLIAMS Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924018937502 THE BANKRUPT ACT OIF 1867, AS EMBODIED Hi THE REVISED STATUTES, CONSOLIDATED WITH ITS AMENDMENTS, INOLDDING ALL SUBSEQUENT AMENDATOET AND SUPPLEMENTAL ACTS. THIRD EDITION, WITH NOTES. COMPILED, WITH TBB BULBS Ain) INDEX, BT V/ . , ^ NATHAN mNK, <^^* OP IHS BT. LODIS BAB. /> . ST. LOUIS: THE CENTRAL LAW JOUKNAL, 1877. ■ Entered accol-ding to Act of Congrose, Sft the year 1S77, by Kathan Fkank, In the office of the Librarian of CpDgress at Washiijgton. maynasd and tedfoke, pristbbs. PBEFAGE TO THE THIBD EDITION. The previous editions of this work exhibited the bankrupt act as it should he read, by a consolidation of the Act of March 2, 1867, with its amendments. Since those editions were published, the Beyised Statutes of the United States have appeared. The object of this edition is to exhibit the laws relating to bankruptcy as they should now be read, by consolidating with the title " Bankruptcy " in the Revised Statutes of the United States, all subsequent amendatory and supple- mental acts, and placing the numbers of the sections of the Bevised Statutes, with which they correspond. The Author has endeavored to collect the decisions which construe and expound the law as it now stands, with particular reference to the adjudications upon the amend- atory acts, which it is hoped will be of some assistance to the practi- tioner. The General Orders promulgated by the Supreme Court have been added, with a Table of Contents. The entire work has been carefully indexed. St. Louis, October, 1877. TAELE OF CASES CITED. J&.bbe, In re 2 N. B. E. 76, p. 76, n. 177. Adams y. Boston B. B. Co., i IS. B. B. 3U, p 77, n. 181. Alabama B. B. Co. t. Jones, 6 N. B. B. 97, p. 26, n. 55 ; p. 77, n. 181. Alexander, In re, 3 ST. B. E. 29, p. 7, n. 11; p. 8, n. 16. Alton T. Bobinett, 9 K. B. B. 74, p. 73, n. 171. Am. Plate Glass Ins..Co.In re, 12N. B. B. 66, p. 46, n. 93. Anderson, In re, 9 K. B. B. 360, p. 4, n. 6. Anderson, In re, 12 N. B.E. 602, p. 60, n. 105. Angell, In re, 10 N. B. E. 73 ; S. C. 1 Cent. L. J. 363 ; 6 Ch. L. N. 341, p. 24, n. 45. Asten, In re, 14 BT. B. E. 7, p. 62, n. 137. Augustine Ass.T. McFarland, 13 N. B. E. 7, p. 4, ii. 6. Austin T. O'EeUly, 12 N. B. E. 329. p. 49, u. 101. B Badenheim, In re, 15 N. B. E. 370, p. 35, u. 69. Baer, In re, 14 N. B. E. 97, p. 38, n. 77. Bailey, In re, 15 N. B. E. 48, p, 16, n. 28. Bailey, In re, 2 Woods 222, p. 46, n. 92. Bailey v. Loeb, 2 Woods 678, p. 47, n. 97. BaUey v.Wier, 12 N. B. E. 24 ; s. c. 21 Wall. 342, p. 41, n. 86. Baker, In re, 14 N. B. E. 433, p. 84, n. 187 ; p. 86, n. 189. Bakewell, In re, 4 N. B. E. 619, p. 59, n. 129. Baleh Mx parte, 13 N. B. E. 160, p. 46, n. 94. . Baldwin t. Eapplee, 6 N. B. E. 19, p. 6, n. 9; p. 7, n. 13. Bank of Columbia v. Overstreet, 13 N. B. E. 164; 8. c. 10 Bush, 148, p. 36, n. 69. Barker v. Smith, 12 N. B. E. 474, p. 85, n. 187. Barman, In re, 14N. B. E. 125, p. 84, n. 187. Barnard v. Norwich & Worcester E. E., 14 N. B. E. 469, p. 35, n. 68. Barnes, In re, 1 LoweU 560, p. 56, n. 122. Barnes v. United States, 12 N. B. E. 526, p. 45, n. 90. Barnett v. Highblower, 10 N. B. E. 157, p. 24, n. 45. Barnewell v. Jones, 14 N. B. B. 278, p. 84, n. 186; p. 86, n. 190. Barrett, In re, 2 N. B. E. 533, p. 33, u. 65. Barron V. Morris, 14 N. B. E, 371, p. 6, n. 9; p. 8, n. 14. Barston v. Peckham, 6 N. B. E. 72, p. 6, n. 6. Bartholow v. Bean, 18 WaU. 635 ; s. o. 1 Cent. L. J. 166, p. 84, n. 185. ' Batohelderv. Putnam, 13 N. B. |E. 404; S. c. 64 N. H. 84, p. 36, n. 69. Beal, In re, 2 ST. B. E. 587, p. 67, n. 164; p. 68, n. 157. Bean, In re, 14 N. B. E. 182, p. 61, u. 110. Beaj-dsley, In re, 1 N. B. E. 304, p. 67, n. 153, 154. Bechet, In re, 12 N. B. E. 201, s. G. 2 Woods 173, p. 63, n. 139, 143. Beckerford, In re, 1 DiU. 45, p. 38, n. 78. Belden, In re, 2 N. B. E. 42, p. 67, § 5110. Bellamy, In re, 1 Ben. 390,' p. 40, n. 84. Bennett, In re, 2 N. B. E. 181, p. 37, u. 70. Bennett, In re, 12 N. B. E. 257, p. 35, u. 68. Bennett, In re, 12 N. B. E. 181, p. 75, n. 174. Bennett v. Goldthwait, 109 Mass. 494, p. 72, n. 168. Bergeron, In re, 12 N. B. E. 386, p. 23, n. 37 ; p. 27, u. 59. Bigelow, In re, 2 Ben. 480, p. 49, n. 103. Bill V. Beckwith, 2 N. B. E. 241, p. 43, n. 89. Black T. Blazo, 13 N. B. E. 195; s. c. 117 Mass. 17, p. 73, h. 170. Black V. McClelland, 12 N. B. E. 481, p. 45, n. 92. Blair v. Allen, 3 Dill. 101, p. 6, m. 10. Blodgett,In re, 5 N. B. E, 472, p. 34, n. 66. Bloss, In re, 4 N. B. E. 147, p. 46, n. 92. Blue Eidge Co., In re, 13 N. B. E. 315, p. 49, n. 102. Blum T. BUis, 78 N. 0. 293, p. 3, n. 2; p. 49, n. 103. Blum V. Ellis, 13 N. B. E. 315; s. o. 73 N. C. 293. ; p. 72, n. 167. Bolander v. Gentry, 36 Cal. 105, p. 25, ji. 63. Bontelle, In re, 2 N. B. E. 129, p. 69. n. 160. Booth, In re, 14 N. B. E. 232, p. 57, u. 126. VI TABLE OF CASES CITED. Booth V. Brooks, 12 N. B. R. 398, p. 84, n. 186; p. 87, n. 195. Boothroyd, In re, 14 N. B. E. 230, p. 37, n. 74 ; p. 33, n. 76. Boston, Hartford & Erie E. E., In re, 9 Blatoh. 101; 8. c. 6 N. B. B- 209, p. 27, n. 59; p. 33, n. 65. Bowie, In re, 1 N. B. E. 628, p. 4, ii. 5. Bowman v. Harding, 4 N. B. E. 20; s. o. 56 Me. 559, p. 36, n. 69. Braeken v. Jotnston, 16 ST. B. E. 106, p. 35, n. 69. Bcadtoijry v. Galloway, 12 N. B. E. 299; S. O. 3 Sawy. 846, p. 84, n. 186; p. 88, 196. Brady v. Otis, 14N. B. E. 345, p. 35, u. 67. Braley v. Boomer, 12 N. B. E. 303; s. o. 116 Mass. 527, p, 36, n. 69. Brandon Mfg. Co. T. Frazer, 13 N. B. E. 362 ; s. C. 47 Vt. 88, p. 72, n. 1B8. Bratton v. Anderson, 14 N. B. E. 99, p. 66, n. 160. Breek, In re, 12 N. B. E. 215. p. 47, n. 97. Brett V. Carter, 14 N. B. E. 301, p. 85, u. 187. Briggs, In re, 3 N. B. E. 638, p. 26, n. 63. Brigliam v. Claflin, 7 N. B. E. 412, p. 4, ix. 5 ; p. 87, n. 185. Brightman, In re, 15 ST. B. E. 213, p. 67, n. 152. Brinkman, In re, 7 N. B. E. 421, p. 4, n. 6. Broich, In re, 15 N. B. E. 11, p. 23, n. 37, 39, 40; p, 24, n. 43; p. 27, ii. 59; p. 50, u. 105. Brook v. McCranken, 10 N. B. E. 461 ; 8. c. 8. P. L. E. 102 ; 8. 0. 7 CIi. L. N. 10, p. 84, n. 186. Brookmire v. Bean, 12 N. B. E. 217 ; s. c. 3 DiU. 136, p. 46, n. 92. Brown T. Gibbons, 13 N. B. E. 407; 8. c. 37 la. 665 ; p. 48, n. 1020 ; p. 60, u. 106. Browne, In re, 12 N. B. E. 629, p. 47, n. 96. Brunquest In re, 14 N. B. E. 529, p. 49, u. 100. Bryan Mining Co., In re, 4 IT. B. E. 144; s. c. 4 N. B. E. 394, p. 77, n. 182. Bucbanan t. Smitbj 16 WaU. 277, p. 84, n. 185 BuckmanT. Goss, 13 N. B. R. 337, p. 85, u. 188. Buokner v. Jewell, 14 N. B. E. 287, p. 57, n. 124. Bnnste In re, 5 N. B. E. 82, § 6114, p. 70. Burbank v. Bigelow, 14 N. B. E. 445 ; S. O. 92 U. S. 179, p. 4, ii. 3 ; p. 6, n. 6, 8. Buroh, In re, 10 N. B. R. 160, p. 24, n. 46. Burke, In re, 15 N. B. E. 40, p. 11, n, 21. BurneU, In re, 14 K. B. E. 498, p. 79, n. 184. Burper v. Sparhawk, 4 N. B. E. 685 ; s. C, 108 Mass. Ill, p. 73, n. 170. Burr V. Hopkins, 12 N. B. E. 211, p. 53, n^ 116. Burt, In re, 1 DiU. 439, p. 21, n. 32. Bush y. Lester, 15 N. B. E. 36 ; 8. C. 65 Ga. 579, p. 35. n. 68; p. ?7, n.71; p. 38, u. 78;. p. 49, n. 102a. Butterfleld. In re, 14 N. B. R. 147, p. 69, n. 160. Bntterfleld, In re, 14 N. B. R. 195, p. 56, n. 122. Buxbaum, In re, 13 N. B. R. 478, p. «9, u. 160. c California E. E., In re, 3 Sawy. 240, p. 77, n. 181. Canby t. McLear, 13 N. B. E. 22, p. 53, n. 117. Carpenter v. TurreU, 100 Mass. 460, p. 86^ n. 69. Carrier, In re, 13 N. B. E. 208. p. 24, n. 45. Chamberlaines, In re, 12 fT. B. R. 230, p. 40, n. 83. Chamberlain v. Mfg Co., 118 Mass. 532, p> 66, n. 150. Chase In re, 14 N. B. R. 139, 157, p. 58, n^ 128. Ohristly, In re. 10 N. B. R. 268. p. 56, n. 122. Citizens' Bank T. Ober, 13 N. B. B. 328, p^ 42, n. 88. City Bank, In re, 6 N. B. E. 71, p. 48, n. 99. Claflin V. Houseman, 16 N. B. E. 49; o. c 93U. S. 130, p. 87, n. 193, Clairmont, In re, 1 N. B. E. 276, p. 33, n. 66. Clapp, In re, 14 N. B. E. 191, p. 63, n. 140. Clark, In re, 3 N. B. E. 491, p. 39, n. 80. Clinton T. Mayo, 12 N. B. E. 41, p. 27, u. 57, 69. Ooan Carriage Co. In re. 12N.B. R.203, p. 40, n. 83. Cobb In re, ( N. B. R. 414, p. 37, n. 72. Cocks In re, 3 Ben. 260, p. 68, n. 157. Coit T. Robinson, 9 N. B. R. 289, S. C, 19 Wall. 274, p. 8, n. 16, 17; p. 9, n. 19. Coleman, In re, 7 Blatch. 192, p. 7, n. 11. CoUier, In re, 12 N. B. E. 266, p. 76, n. 175. Collins, In re, 12 N. B. E. 379, p. 35, u. 68 ; p. 85, n. 187. OolweU, In re, 15 N. B. E. 92, p. 57, n. 126. Commercial Bulletin Co., In re, 2 Woods,. 220, p. 47, n. 97. Compton T. Conkliu, 16 N. B. E. 417, p. 76,. n. 177. Oomstook, In re, 10 N. B. E. 451, p. 8, n. 16. Comstock, In re, 13 X. B. E. 193, p. 64, n> 118. TABLE OF CASES CITED. Vll Oomstock, In re, 6 Oh. L. K 413, p. 24, u. 45. Cone, In re, 2 Ben. 602, p. 2S, n. 48. Conro T. Crane, 94 U. S., p. 8, n. 15, Cook V. Kogers, 13 N. B. E. 97, p. 86, n. 190. Cornwall In re, 6 N. B. R. 305, p. 45, n. 91. Cote In re, U N. B. B. 603, p. 68, n. 167. Crajou V. Oarmioliael, HN.B.B.511;S.O. 2 DUl. 619, p. 84, n. 187. Cram In re, 1 N. B. E. 604, p. 60, n. 105. Cramer In re, 13 N. B. E. 225, p. 63, n. 116. Crawlord In re, 6 ST. B. E. 301, p. 46, n. 94. Oragin v. Thompson, 12 N. B. B. 81, p. 86, n. 190. Oretiew, In re. 5 N. B. E. 423, p. 68, n. 185. Crump V. Chapman, 16 ST. B. E. 571, p. 87, n. 194. Curomings f. Clegg, 14 N. B. B. 49; s. 0. 62 Ga. 605, p. 37, n. 73. Cunningham v. Cady, 13 N. B. E. 626, p. 22, n. 33. Currier, lii re, 13 X. B. E. 68, p. 22, n. 34; p. 23, n. 37, 42; p. 53, n. 116. Cutterv.Dingee, 14N.B.E. 294, p. 39, n. 80 D Darby, In re, 4N. B. E. 211, 309, p. 59, n. 129. Daubman v. White, 12 ST. B. E. 438; s. C. 48 Oal. 439, p. 87, n. 193, 194. Davidson, In re, 4 Ben. 10 p. 53, n. 115. DaTis V. Anderson, 6 N. B. E. 145, p. 40, n. 84; p. 41, n. 86. Davis, In re, 2 N. B. E. 391, p. 49, n. 103. Davis V. E. E. Co., 13 K. B. E. 258, p. 49, u. 102. Dean, In re, 1 N. B. E. 249, p. 67. ii. 123; p. 79, n. 184. Deeiert, In re, 10 N. B. E. 2, p. 38, n. 78. Derby, In re, 12 N. B. E. 241, p. 70, n. 161. Detroit Car Worts, In re, 14 N. B. E. 243, p. 77, n. 183. Devoe, In re, 2 N. B. E. 27, p. 66, n. 151. Dibble, In re, 3 Ben. 364, p. 42, n. 87. Dickerson v. Spaulding, 15 N. B. E. 312, p. 36, n. 69. Dillard, In re, 9 N. B. E. 8, p. 38, n. 78. Dingee v. Becker, 9 N. B. E. 508, p. 65, n. 149. Dow, In re, 6 N. B. B. 10, p. 40, n. 82. Dow, In re, 14 N. B. E. 307, p. 48, u. 98 ; p. 49, n. 101. Drake, In re, 14 N. B. E., 150, p. 57, n. 123. Drisco, In re, 14 N. B. E. 651; 8. C. N. B. E. 112, p. 71, u. 163. Duerson, In re, 13 N. B. E. 183, p. 37, n. 73. Duncan, In re, 14 N. B. E. 18, p. 24, n. 46; p. 26, n. 66. Dunkerson, In re, 12 X. B. B. 413, p. 60, n. 105; 12 N. B. E. 891, p. 76, u. 176. Dutcher v. Wright, 16 Alb. L. J. 100; p. 14, 11. 26. E Eastman v. Hibbard, IS N. B. E. 360, p. 72, n. 167. Ebereole v. Adams, 13 N. B. B. 141, p. 86 n. 190. Eldridge, In re, 4 K. B. B. 498, p. 40, n. 83 ; 12 ST. B. B. 640, p. 46, n. 91, 92; p. 49, n. 100. Ellis, In re, 1 X. B. B. 555, p. 86, n. 69. Exchange Bank v. Harris, 14 N. B. B. 612 ; 8. 0., 3 Cent. L. J. 768, p. 84, n. 187. Eyster v. Gaff, 13 N. B. R. 546; 8. C, 91 U.S. 621, p.4,Q. 3. F Parnsworth, In re, 14 N. B. E. 148, p. 48, u. 93. I'arrar v. Walker, 13 N. B. E. 82, p. 77, n. 180. Farrin v. Crawford, 2 N. B. E. 602, p. 22, n. 32. Fendley, In re, 10 ST. B. B. 260, p. 6, n. 6. Femberg, In re, 2 N. B. E. 353, p. 33, § 6036. Filligin v. Thornton. 12 N. B. E. 92, p. 4, n. 5. Fireman's Ins. Co., In re, 8N. B. E. 123; 8. C, 3 Biss. 462, p. 49, n. 100. First, In re, 3 Cent. L. J. 61, p. 90, n. 208. Flanders v. Abbey, 6 Biss. 16, p. 86, n. 192. Flannagan v. Pearson, 14 N. B. E. 37, p. 66,11.160; p. 71, n. 164. Foote, In re, 12 N. B. B. 337, p. 76, n. 176. Foster v. Ames, 2 N. B. E. 455. p. 43, n. 89. Foster v. Hac^ley, 3 N. B. E. 4«6,p. 25, u. 53 Foster v. Inglee, 13 N. B. B. 239, p. 68, n. 127. Fowler v. Dillon, 12 N. B. E. 308, p. 3, n. 2. Fox V. Gardiner, 12 N. B. B. 137, p. 86, ;i. 191. Fraley v. Keljy, 67 N. C. 78, p. 72, n. 166. Francke, In re, 10 X. B. B. 488. p. 70, n. 161. Freeman v. Fort, 14 X. B. E. 46; s. c, 62 Ga. 371,p.4,n.B. Frisbie, In re, 13 X. B. E. 349, p. 63, u. 117. Frizelle, In re, 5 X. B. E. 122, p. 49, n. 103 Frost, In re, 11 X. B. E. 69, p. 23, n. 39. Frost V. Hotohkiss, 14 X. B. E. 443, p. 4, 11.4. VIU TABLE OF CASES CITED. rrostman v. Hicks. 16 N. B. E. 41, p. 66, n. 150. Funkenstein, In re, U N. B. E. 213, p. 26, n. 66. G Gainey, In re, 3 N. B. E. 625, p. 37, u. 72. Gallison, In re, 5 N. B. E. 363, p. 46, n. 92. Galtman v. Honea, 12 N. B. E. 493, p. 85, n. 187, 188. Gates T. American, U N. B. E. 141, p. 38. n. T9. Gay, In re, 2 N. B. E. 358. p. 68, n. 166. Gibson t. Dobie. 14 N. B. E. 166, p. 86, n. 188. Gibson v. Warden, 14 Wall. 214, p. 84, n. 187. Gies, In re, 13 N. B. E. 179, p. 58, n. 127. Globe Ins. Co. v. Cleveland Ins. Co., 14 3Sf. B. E. 311, p. 23, n. 33; p. 86, u. 190. Gold Mining Co., In re, 15 N. B. E. 545, p. 35, n. 68. Goldschmidt, In re, 3 N. B. E. 165, p. 31, n. 32. Goodrich v. Hunton, 3 Woods, 137, p. 72, n. 168. Goodrich v. Wilson, 14 N. B. E. 556; S. 0., 119 Mass. 429, p. 4, n. 3. Graves, In re, 2 Ben. 100, p. 43, n. 87. Greeley v. Scott, 13 ST. B. E. 348, p. 38, n. 75. Green, In re, 16 N. B. E. 198, p. 46, n 92. Green Pond E. E. Co., In re, 13 N. B. E. 118, p. 21, n. 30; p. 23, n. 39. Griffin, In re, 2 N. B. E. 254, p. 37, u. 71. Griffith, In re, 3 N. B. E. 731, p. 40, n. 83. Griffiths, In re, 10 K. B. E. 466, p. 70, n. 161. Gunike, In re, 4 N. B. E. 92, p. 70, u. 162. H Haber v. Olayburg, 4 Cent. L. J. 342, p. 66, n. 150. Hadley, In re, 12 N. B. E. 366, p. 22, n. 82, 33 ; p. 23, u. 35, 37 ; p. 26, n. 64. Haggerton v. Morrison, 59 Mo. 324, p. 66, u. 150. Haley, In re, 2 N. B. E. 36, p. 60. n. 107. Hall, In re, 1 DiU. 586, p. 22, n. 32. Hall, In re, IS N. B. E. 31, p. 23, n. 37. Hall V. Allen, 12 Wall. 462, p. 9, n. 19. Hambright, In re, 2 N. B. E. 498, p. 36, n. 69. Hamburger, In re, 12 N. B. E. 277, p. 47, n. 97. Hamilton v. Bryant, 14 N. B. E. 479, p. 86, Hamlin v. Pettibone, 10 N. B. K. 172; S. C. 1 Cent. L. J. 404; S. C. 6 Biss. 167, p. 84, n. 186. Handell, In re, 15 N. B. E. 71, p. 58, n. 127. HandUn, In re, 13 N. B. E. 49 ; S. O. 2 Cent. L. J. 264, p. 38, n. 76. Hanibel, In re, 15 N. B. E. 233, p. 22, n. 33. Hanson v. Herrick, 100 Mass. 323, p. 25, n. 63. Hapgoed In re, 14 K. B. E. 495, p. 40, n. 83. Harden, In re, 1 K. B. B. 395, p. 45, n. 91 Hardy v. Bininger, 4 N. B. E. 262, p. 21, n. 33. Hasbrouck, In re, 1 Ben. 402, p. 11, n. 21. Haskell, In re, 4 N. B. E. 558, p. 13, n. 25. Haskill v. Frye, 14 N. B. E. 525, p. 3, n. 2; p. 87, n. 195. Hatch V. Seeley, 13 N. B. E. 380, p. 35, n. 69;p. 49. n. 101. Hatcher v. Jones, 14 N. B. E. 387, p. 37, n. 73. Hatje, In re, 13 N. B. E. 648, p. 33, n. 40; p. 37, u. 59; p. 46, n. 93. Hawkins v. Hastings, 1 Dill. 453, p. 7, u. Haworth v. Travis, 13 N. B. E. 145; s. o. 67 m. 301, p. 37. n. 73. Hayes v. Dickinson. 15 K. B. B.3 50, p. 35, n. 68. Heard v. Jones, 15 N. B. E. 403, p. 49, u. 103. Heffron, In re, 10 N. B. E. 313; s. c. 6 Ch. L. ST. 358, p. 23, n. 35. Henkelman v. Smith, 12 N. B. E. 121, p. 35, n. 69;p. 36, n. 69. Henly v. Lanier, 16 N. B.E. 280, p. 72, n. 166. Hercules Mutual Life Ins. Society, 6 N. B. E. 338, p. 22, n. 32, 33. Herndon v. Howard, 4 N. B. E. 212 ; s. C. 9 Wall. 664, p. 39, n. 80 ; p. 40, n. 81. Herpich, In re, 15 N. B. E. 426, p. 85, n. 188. Herrman, In re, 4 Ben. 126, p. 53, n. 114. Hester, In re, 5 N. B. E. 286, p. 37, n. 71. Hewett v. Norton, 13 N. B. E. 276, p. 39, n. 80. Hill, In re, 1 Ben. 321, p. 32, ii. 64 ; p. 56, n. 122. Hill, In re, 1 N.B. R. 16, 276, 431, p. 67, u. 154. Hinsdale, In re, IS N. B. E. 480, p. 60, n. 129. Hisoock v. Jaycox, 12 N. B. E. 507, p. 76, n. 176. Hitchcock V. Eollo.4 N. B. E. 690; s. o. 3 Biss. 276, p. 48, n. 99. TABLE OF CASES CITEB. IX Hobson y. Maikson. 1 Dill. 421, p. 86, ii. 190. Holland, In re, 12 N. B. E. 403, p. 25, n. 61. Holmes, In re, 13 N. B. E. 86, p. 62, n. 137. Holmes, In re, 14 N. B. E. 209, p. 67, u. 152. Holmes, In re, 14 N. B. E. 493, p. 58, n. 127. Holyoke V. Adams, 13 N. B. E. 413, p. 36, n. 69. Home Ins. Co. v. Hollis, 14 K. B. E. 337, p. 39, n. 80. Hoover v. Wise, UN. B. E. 264; 8. 0., 91 U. S. 308; s. C, 3 Cent. L. J. 276, p. 85, n. 187. Hoppock, In re, 2 Ben. 478, p. 28, n. 63. Houseberger, In re, 2 Ben. 504, p. 58,'n. 127. Hubbard's Case, 1 K. B. E. 679; s. c, 1 Lowell, 190, p. 82, n. 111. Hudgins v. Lane, 11 N. B. E. 462, p. 76, n. 177. Hut nagel. In r^, 12 N. B. E. 554, p. 35, u. 67; p. 47, n. 97; p. 49, n. 103. Humble T. Carson, 6 N. B. E. 84, p. 72, n. 166. Hunt, In re, 5 N. B. E. 493, p. 37, n. 70, 71. Hurst, In re, 13 N. B. E. 455, p. 62, n. 136. Hurst V. Teft, 13 N. B. E. 108, p. 9. n. 18. Hussman, In re, 2 N. B. E. 437, p. 25, u. 53 ; p. 67, u. 154. Hyman. In re, 3 Ben. 28, p. 11, n. 21. Hymes, In re, 10 N. B. E. 434, p. 23, n. 37; p. 24, n. 47. Independent Ins. Co., In re, 6 K. B. B. 169, p. 21, n. 30. Iron Mt. Co., In re, 9 Blatcb. 320, p. 3, n. 2. Irving, In re, 14 N. B. E. 289, p. 25, n. 49, 50. Israel, In re, 12 N. B. E. 204, p. 23, u. 42. Ives V. Tregent, 14 N. B. E. 60; s. c, 29 Mich. 390, p. 4, n. 6. Jack, In re, 13 N. B. E. 296, p. 22, n. 32 ; p. 27, n. 69; p. 35, n. 69. Jackson, In re, 14 N. B. E. 449, p. 61, u. 110; p. 62, n. 114. Jackson v. McCullocb, 13 K. B. E. 233, p. 86, n. 189,190. Janeway, In re, 4 N. B. E. 100, p. 40, n. 83. Jaycox, In re, 13 N. B. E. 122, p. 46, u. 92. Jenkins v. Armour, U 17. B. E. 276, p. 48, Johnson v. Bishop, 1 TVoolw. 324, p. 8, n.2. Johnson v. Price, 13 K. B, E. 623, p. 3, n. 2; p. 6, n. 6. Johnson v. Sogers, 16 N. B. E. 2, p. 49, n. 101. Johnson v. Worden. 13 N. B. E. 336 ; s. C, 47Vt. 457,p. 71,n. 164. Johnston, In re, 14 N. B. E. 569, p. 64, u. 118. Joliet Iron Co., In re, 10 N. B. E. 60, p. 23, u. 36. Jones, In re, 2 K'. B. E. 69, p. 60, n. 129. Jones, In re, 12 N. B. E. 48, p. 70, n. 161. Jones, In re, 13 N. B. E. 286, p. 68, n. 155. Jones V. Eussell, 49 Ga. 460, p. 71, n. 164. Jordan, In re, 8 N. B. E. ISO, p. 38, n. 78. Jordan, In re, 10 N. B. E. 427, p. 38, n. 78. Jordan v. Downey, 12 N. B. E. 427; s. c, 40 Md. 401, p. 86, n. 193. K Kaiser V. Eichardson, 14 N. B. E. 391, p. 36, n. 69. Kean, In re, 8 N. B. E. 367, p. 38, n. 78. Keefer. In re, 4 N. B. E. 389, p. 67, n. 153. Keller, In re, 10 JST. B. E. 419, p. 23, n. 36. Kemmerer V. Tool, 12 N. B. E. 334; s.'o. 78 Penn. St. 147, p. 85, n. 187. King, In re, 10 N. B. R. 666, p. 70, n. 161. King V. Loudon, 14 N. B. E. 383 ; s. 0. 53, Ga. 64, p. 35, ii. 69. Kingsley, In re, 1 N. B. E. 329, p. 45, ii. 91. Kline v. B.auendahl, 12 N. B. E. 675; s. c, 6 N. Y. Fap 548, p. 39, n. 80. Knapp V. Anderson, 15 N. B. E. 316, p. 72, It. 166. Knickerbocker Ins. Co. v. Comstook, 8 N. B. E. 145 ; 8. 0. 16 Wall. 258, p. 7, n. 12. Knight, In re, 8 N. B. E. 436, p. 75, n. 175. Knight v. Cheney, 5 N. B. E. 305, p. 6, u. 6;p. 43, n. 89. Knoepfel, In re, 1 Ben. 330) p. 56, u. 122. Krogman, In re, 6 K. B. E. 116, p. 41, n. 86. Ky4er, In re, 2 Ben. 414, p. 52, n. 113. L. J. Ship Canal E. E. & Iron Co., In re, lON.B.E. 76,p.51, n. 109. Lake Sup. Ship Canal E. B. Co., la re, 7 N. B. E. 376, 389, p. 52, n. 114. Lamb v. Brown, 12 N. B. E. 522, p. 72, n. 166. Lammer, In re, 14 N. B. E. 460, p. 38, n. 75. Lamp Co. v. Brass Co., 13 N. B. E. 385, p. 66, n, 150. TABLE OF CA8ES CITED. Jj&nz, Jn re; 14 N. B. B. 159, p. 22, n. 32. Langdon, In re, 13 N. B. R. 60, p. 62, n. 136. Lang-ley t. Perry, 2 N. B. K. 596, p. 22, n. 32. Lansing V. Manton, U TS. B. B. 128, p. 3, n. 2. Lathrop v. Prake, 13 N. B. B. «2 ; s. o. 91 91 U. S. 516, p. 6, n. 2 ; p. 6, n. 6. Lavender y. Gosnell, 12 N. B. E. 282, p. 86, n. 190. Leach v. Green, 12 N. B. B. 376; s. C. 116 Mass. 534, p. 39, n. 80. Leavenworth Bank, In re, 14 N. B. B. 82, 92, p. 90, n. 206. Leavenworth Sav. Bank, In re, 14 N. B. B. 82, 92; 3 Cent. L. J. 207, p. 77, n. 180, 183. Lee, In re, 14 N. B. E. 89, p. 63, n. 116. Leigbton, In re, 5 N. B. K. 95, p. 21, n. 31. Leighton v. Harwood, 12 N. B. B. 360 ; s. c. Ill Mass. 67, p. 41, n. 86. Leland, In re, 5 N. B. B. 222, p. 76, n. 177, 178. Lesynsky, In re, 3 Ben. 487, p.. 15066, n. Levili, In re, 14 N. B. K. 383, p. 69, n. 160. Levy, In re, 1 Ben. 436, p. 13, n. 24, 25. Lewis, In re, 4 Ben. 67, p, S4. n. 118. Lewis, In re, 14 N. B. E. 144, p. 62, n. 136. Lewis V. United States, 14 N- B. E. 64, p. 58, n. 127. Lightner v. First Nat. Bank, 35 N. B. E. 69; 8. C, 82 Penn. 301, p. 55, n. 119. Little V. Alexander, 13 N. B. E. 134; s. c, 21 Wall. 500, p. 85, n. 186. Lloyd, In re, 15 N. B. R. 257, p. 23, n. 38. Longstreth v. Pennock, 42 N. B. E. 95; S. 0. 20 Wall. 675, p. 47, n. 96. Lowenstein, In re, 13 N. B. B. 479 ; S. Cf > 3 DiU. 145, p. 67, n. 132; p. 70, n. 161. Lytle, In re, 14 N. B. E. 457, p. 63, n. 145. M McDermot Bolt Co., In re, 3 Ben, 369, p. 22, n. 32. McDonald, In re, 14 N. B, R. 477, p. 52, n. 113a;p. 72, n. 166. McDowell, In re, 6 Biss. 193, p. 63, n. 141. McDuffee, In re, 14 K. B. R. 336, p. 60, u. 108. McEwen, Inre, 12 N. B. R. 11; s. C. 6 Biss. 294, p. 75, n. 176. MoGrath, In re, 6 N. B. E. 264, p. 47, n. 97. McKay V. Funk. 13 N. B. E. 334; 8.0. 87 Iowa, 661, p. 49, n. 103o. MoKibben, In re, 12 N. B. E. 97, p. 22, u. 83. McKlnsey v. Harding, 4 N.B. E. 38, p. 52, n. 113. McLean, In re, 16 N. B. B. 333, p. 75, n, 176. McLean y. Brown, 4 X. B. B. 686, p. 22, u. 33. McKanghton, In re, 8 N. B. B. 44, p. 22, n. 33. MacDonald v. Moore, 15 N. B. E. 2S, p. 49. n. 101. Macintire, In re, I Ben. 277, p. 13, n. 23. Machad, In re, 2 N, B. E. 352, p. 70, n. 162. Mackay, In re, 4 N. B. E. 66, p. 68, n. 166. Magie, In re, 2 Ben. 369, p. 15, n. 27. Major, In re, 14 N. B. E. 71, p. 33, n. 65 ; p. 42, n. 88. Mann, In re, 14 N. B, E. 572, p. 23, n. 36. March v. Heaton, 2 N. B. B. 180, p. 3,. n. 2. Marioneanx, In re, 13 N. B. E. 222, p. 78, n. 171o. Markson t. BCeaney, 1 Dill. 497, 611, p. 8, n. 2; p. 8, n. 18; p. 43, n. 89. Markson v. Haney, 12 N. B, E. 484 ; B.C., 47 Ind. 31, p. 50, n. 106. Marshall v. Knox, 8 N. B, E. 97; s. c, 1ft Wall. 665, p. 9, n. 19. Marter, In re, 12 N. B. E. 185, p. 3, n. 2; p. 6, n. 6; p. 22, n. 32; p. 86, n. 190. Martin, In re, 13 N. B. E. 397, p. 37, n. 73. Marvin, In re, 1 Dill. 178, p. 21, n. 30. Marvin v. Chambers, 18 N. B. E. 77, p. 85, n. 187. Mason V. Warthen, U N. B. E. 346, p. 36, n. 69. Mason Organ Co. y. Bancrolt, i Cent. L. J. 295, p. 63, n. 144. Maxwell y. Faxton, 4 N. B. B. 210, p. 66, n. 150. May V, Howe, 4 N, B. B. 677; s. c, 108 Mass. 502, p. 73, n. 170, 171. Maybin, In re, 13 N. B. E. 468, p. 66, n. 121. Mayer v. Hellman, 13 N. B. E. 440 ; s. C, 91 U. S. 496, p. 86, n. 190. Mays V. Fritton, 11 N. B. E. 229; S. C. 20 Wall. 444, p. 4, n. 6. Mead v. Thompson, 8 N. B, B. 629 ; s. C, 15 Wall. 638, p. 9, n. 19. Meader v. Sharp, UN. B. B. 492; s. c, 54 Ga. 126, p. 71, n. 164. Mendelsohn, Inro, 12 N. B. B. 5S3; S. 0., 3 Sawy. 342, p. 22. n. 32; p. 27, n. 59. Merchants Ins. Co., 6N. B. E. 43, p. 21, n. 30. Merritt v. Glidden, 39 Cal. 569, p. 72, n. 166. MetcaU, In re. 2 Ben. 78, p. 66, n. 150. Metz, In re, 6 Ben. 671, p. 47, n- 97. Meyer v. Crystal Lake Works, 14 N. B. E. 9, p. 4, u. 6. TABLE OF CASES CITED. XI Michaels v. Post, 12 N. B. E. 1B2 ; s. 0., SI Wall. 398, p. 23, n. 42 ; p. 26, n. 61. Michener v. I'uyson, 13 N. B. R. 19, p. iO, n. 81 ; p. 77, n. 180. Kigel, In re, 2 N. B, R. 481, p. 86, u. 149; p.66, n. 150. Miller v. MoKenzie, 13 N. B. E. 496, p. 68, n. 140. Miller v. O'kain, 14 N. B. E. 14S, p. 65, n. 149. Mil wain. In re, 12 N. B. E. 358, p. 62, n. 114. Minou V. Van Nostrana, 4 N. B. E. 108, p. 66, n. 161. Montgomery, In re, 12 N. B. E. 321, p. 84, n. 186;p. 88, n. 197. Montgomery v. Bucynis Machine "Works, 14 N. B. E. 193 ; 92 U. S. 257, p. 36, u. 68. Moran v. Bogert, 14 N. B. E. 393, p. 42, n. 88. Morford, In re, 1 Ben. 264, p. 17, n. 29. Morgan t. Thornhill, 6 N. B. E. 1 ; s. C. 11 Wall. 65, p. 6, 11. 6; p. 8, u. 16, 17; p. 9, n. 19. Morris, in re, 11 N. B. E. 443, p. 62, n. 137 Morris, in re,12N. B. E. 170, p. 62, n. 133, 134. Morse, In re, 13 N. B. E. 376; p. 75, n. 176. Mnller v. Bretano,3 N. B. E. 329, p. 25, n. 53. Munson t. Boston, Hartford and Erie E. E., 14 N. B.K. 173; s. c. 120 Mass. 80, p. 36, n. 69; p.66, n. 150. Murphy, In re, 10 JT. B. E. 48; p. 21, n. 30. Mutual Building Society, In re, 15 N. B. B. 44, p. 55, n. 119. N Nat. Bank t. Conway, 14 N. B. E 175, 618,. p. 84, n. 187. Nat. Bank v. Iron Co., 5 N. B. E. 491, p. 26, a. 62. Nebe, In re, 11 N. B. E. 289, p. 50, n. 108. Needham, In re, 2 N. B. E. 387, p. 67, n. 153. New Lamp Co. v. Ausonia Co., 13 K. B. E. 385 ; S. o. 91 U. S. 666 ; p. 77, n. 179, 180. Newman, In re, 2 N. B. E. 302, p. 68. n. 356. Nichols T. Eaton, 13 N. B. E. 421 ; s. C. 91 tJ. S. 716, p. 35, n. 68. Nocsen, In re, :2 N. B. E. 422, p. 23, n. 41 ; p. 45, n. 91. Noonan v. Orton, 12 N. B. R. 405; s. 0. 84 Wis. 259, p. 39, n. 80. ITorth rn Iron Co., In re, 14N.B. E.359, p. 62, n. 114. JTorton V. De La Villebeuve, 13 N.B. E. 304, p. 41, n. 86. Noi'ton's Assignee v. Boyd, 3 Howard, 426, p. 4, n. 5. Noyos, In re, 6 N. B. E. 27", p. U, n. 21. Nudd V. Burrows, 13 N. B. B. 289, p. 85, n. 188; p. 86, n.l89. o O'Bannon, In re, 2 N. B. E. 16, p. 67, n. 164 ; p. 68, n. 157. Obear, In re, 10 N. B. E. 153; B. 0., 1 Cent. L. J. 362, p. 24. n. 45. OdeU V. Wootteu, 4 N. B. E. 183; s. c, 38 Ga. 224, p. 72, n. 166. O'Farrel, In re, 3 Ben. 191, p. 70, n. 162. Olcott T. MacLeans, 14 N. B. E. 379, p. 86, n. 188. Oregon Printing Co., In re, IS N. B. E. 503, p. 24, n. 44. Oregon Pub. Co., In re, 14 N. B. E. 394; s. 0., 3 Sawy. 614, p. 8, n. 16; p. 77,n. 182, 183;p. 90, n. 206. Orne, In re, 1 Ben. 361, p. 45, n. 92. Orne, In re, 1 Ben. 420, p. 11, n. 21; p. 17, n, 29. Owens, In re, 12 N. B. E. 618, p. 37, n. 73; p. 38, n. 78. Owsley V. Cobin, 15 N. B. E. 489, p. 71, n. 164. Oxford Iron Co. Slv. after, 14 N. B. E. 380, p. 84, n. 186. Paddock, In re, 6 N. B. E. 132, p. 46, n. 92. Palmer, In re, 14 N. B. E. 437, p. 68, u. 168; p. 69, n. 169; p. 70, § 5114. Parsons v, Topliff, 14 N. B. E. 647, p. 8jl, a. 189. Patterson In re, 1 Ben. 448 p. 13, u. 24. Patterson In re 1 Ben. 508, p. 10, n. 20. Pattison t. Wilbur, 12 N. B. E. 19S, p. 72, 11. 165; S. C, 10 E. I. 448, p. 72, n. 166. Payne v. Able, 4 N. B. E. 220, p. 72, n. 166. Payne v. Solomon, 14 N. B. E. 162, p. 27, n. 59. Payson v. Oofflu, 5 Cent. L. J. 220, p, 41, n. 86. Pease In re, 13 N. B. E. 168, p. 76, n. 176. Peebles, In re, 13 N. B. E. 149, p. 49, n. 101, J04. Peiper v. Harmer, 6 N. B. E. 252, p. 41, n. 86. Penn, In re, 5 N. B. E. 30, p. 75, n. 172; p. 76, n. 178. People V. Brennan, 12 N. B. E. 667 ; S. 0. 6 N. T. Sup, 130, p. 3, n. 2. Perkins, In re, 10 N. B. E. 629, p. 70, n. 161. Perkins v. Guy, 3 N. B. E. 772, p. 73, n. 17L Phelps, In re, 1 N. B. E. 625, p. 33, n. 65. XI 1 TABLE OF CASES CITED. Phelps V. Selliok, 8 N.B.R.390,p.4,n.S, p. iS, n. 100. Phillips, In re, 14 N. B. H. 219, p. 50, n. 108. Phillips V. Bowdoin, 14 N. B. E. 43; s. c. B2 Ga. 545, p. 72, n. 167. Pickering, In re, 10 N. B. E. 208, p. 24, n. 45. Pickett V. MoGavlck, 14 N. E. E.236, p. 73, n. 171. Price, In re, 3 N. B. R. 258, p. 21, n. 32. Pitt, In re, 14 N. B. E. 59, p. 75, n. 174. Place, In re, 4 N. B. E. 541, p. 7, n. 11. Piatt V. Parker, 13 N. B. E. 14, p. 72, n. 166. Pool V. McDonald, 15 N. B. E. 560, p. 63, n. 148. Port Huron Dock Co., In re, 14 N. B. E. 253, p. 81, n. 109, 110. Potter V. Coggeshall, 4 N. B. R. 73, p. 40, n. 82. Powell, In re, 2 N. B. E. 45, p. 33, n. 65 ; p. 66, n. 122. Pratt, In re, 6 N. B. E. 276, p. 2.1, n. 30. Pratt V. Curtis, 6 N. B. E. 139, p. 38, u. 79. Price, In re, 3 Dill. 514, p. 23, n. 38. Pierce, In re, 4 N. B. E. 406, p. 34, n. 66. Pnlver, In re, 1 Ben. 381, p. 32, u. 64. Pupke, In re, 1 Ben. 342, p. 27, n. 57. E Eaffauff. In re, 6 Oh. L. N. 341; s. c, 1 Cent. L. J. 364, n; s. c, 10 IT. B. B. 69, p. 24, n. 45. Rainsford, In re, 6 N. B. R. 381, p. 67, n. 164. Bandall, In re, 3 N. B. R, 18 ; S. 0., Deady, 524,p. 21, n. 32; p. 22, 33. Rankin v. Florida E. R. Co., 1 N. B. R. 647. p. 77, n 181. Rankin T. Kat. Bank, 14 N. B. E. 4, p. 89, n. 188. Eatcliire, In re, 1 N. B. E. 400, p. 17, u. 29. Eaihborne, In re, 1 N. B. E. 294, 324, 536, p. 67, n. 154. Bay, In re, 1 N. B. R. 203, p. 45, n. Si- Ray, In re, 2 Ben. 53, p. 62, n. 113. Bay r. Brigham, 12 N. B. R. 145; s. c, 23 WaU. 128, p. 49, n. 102. Ray T. Lapham, 27 Ohio St. Con. 462, p. 73, II. 170. Ray T. Wight, 14 N. B. R. 663; s. 0., 119 Mass. 426, p. 36, n. 69. Reed, In re, 12 N. B. R. 390, p. 51, n. 109 ; p. 63, u. 156. Eeiman, In re, 18 N. B. E. 128, p. 62, n. 130. 136, 137. Eeitz V. The People, 72111. 436, p. 46, n. 93. Rice V. Gralton Mills, 13 N. B. R. 209; 8. C, 117 Mass. 220, p. 86, n. 189. Richardson, In re, 2 K. B. R. 202, p. 3, n. 2. Richardson, In re, 2 Ben. 517, p. 66, n. 150. Eichter, In re, 1 Dill. 644, p. 53, n. 116. Riorden, In re, 14 N. B. E. 332, p. 53, n. 116. Eobinson, In re, 6 Blatch; 253, p. 65, n. 149. Eobinson t. Wilson, 14 N. B. E. 565 ; S. C, 16 Ean. 695, p. 36, n. 69. Eockett, Ex parte, 15 N. B. R. 95, p. 68, n. 127. EoUins T. TwitcheU, 14 N. B. E. 20, p. 48. n. 99. Eosenburg, In re, 3 Ben. 14, p. 66, n. 150. Rosenthal, In re, 10 N. B.R. 191; s. c. 1 Cent, L. J. 364 n. ; S. C. 6 Ch. L. N. 342, p. 24, n. 45. Rowe T. Page, 13 N. B. R. 366 ; s. c. 64 K. H. 190, p. 86, n. 190. Euddick T. BiUlngs, 1 Woolw. 332, p. 7, ji. 12;p. 8, n. 16. Eussellv. Owen, 15N.B. R. 322; s. c. 61 Mo. 186, p. 4, n. 3. Ryan, In re, 6 N. B. E. 235, p. 42, n. 88. s Sabin, In re, 12 N. B. B. 142, p. 49, n. 100. Saochi, In re, 10 Blatoh. 29, p. 3, n. 2. Sampson t. Burton, 4 N. B. R. 1, p. 39, n. 80 ; p. 66, n. 150. Sandusky v. First Nat. Bank, IS N. B. E. 176; s. O. 23 WaU. 289, p. 8, u. 16; p. 9, ii. 19. Sanford v. Sanford, 12 N. B. R. 666; s. C. 68N. Y.67,p. 39,n. 80. Sanger t. Upton, 13 N. B. R. 226; s. c. 91 V. S. 56, p. 3, n. 2. Sargeant, In re, 13 N. B. R. 144, p. 22, n. 33;p. 23, n. 36. Saunders, In re, 13 N. B. R. 164, p. 33, n. 65 ; p. 61, n. 110 ; p. 52, n. 112. Sauthofl, In re, 14 N. B. R. 364, p. 49, n. 104. Sawyer, In re, 14 N. B. R. 241, p. 63, n. 146. Sawyer T.Hoag, 9 N. B. E. 146; s. o. 17 Wall. 610, p. 48, n. 98. Sawyer V. Turpin, 13 N. B. R. 271; s. c. 91 U. S. 114, p. 84, n. 187. Scammon, in re, 10 N. B. R. 67, p. 23, n. 36. Scammon, In re, 7 Oh. L. N. 42, p. 24, n. 47. Scammon v. Kimball, 13 N. B. B. 445, p. 48, n. 98. Scheiffer, In re, 2 N. B. E. 691, p. 33, n. 66. Schick, In re, 2 Ben. 5, p. 22, n. 32. Schuman v. Pleckenstein, 16 N. B. E. 224, p. 87, H. 193. TABLE OF CASES CITED. XI 1£ Scott, In re, 15 N. B. E. 78; 8. c, 4 Cent. L. J. 29, p. 62, n. 132; p. 63, u. 110. Scott V. Kelly, 12 N. B. R. 96, p. i, n. 3,8. Scrafford, In re, 4 Cent. L. J. 19, p. 23, n. 40. Scull, In re, 10 K. B. B. 163; s. C, 10 Alb. L. J. 214, p. 84, n. 185. ScnU, In re, 10 X. B. B. 166, p. 23, n. 86. Sectional Dock Co., In re, 3 Dill. 83, p. 75. n. 174. Sedgwick v. Casey, 4 K. B. B. 496, p. 41, n. 8fi. Sedgwick t. Place, 3 Ben. 360, p. 42, $ 5060. Seymour, In re, 1 Ben, 348, p. 66, n. 160. Seymour v. Street, 6 Neb. 85, p. 73, n. 170. Shearman v. Bingham, 7 X. B. B. 490, p. 3, n. 2. Sheldon, In re, 12 N. B. B. 13, p. 70, n. 161. Sheppard, In re, 1 N. B. B. 439, p. 45, n. 91 ; p. 50, n. 107. Sherwood, In re, 1 N. B. B. 344, p. 79, n. 184. Shields. In re, 15 X. B. B. 532; 8. c, 4 Cent. Ii. J. 637, p. 63, n. 140. Shryock v. Bashore, 13 X. B. B. 481, p. 86, n. 190. Shurtleffy. Thompson, 12 X. B. B. 624; E. c, 63Me. 118, p. 72, n. 169. Sigsby y. Willis, 3Ben. 371, p. 46, n. 93. Simmons, In re, 10 X. B. B. 254; 8.'c., 1 Cent. L. J. 440, p. 23, n. 35. Sims y. Jacobson, 51 Ala. 186, p. 35, n. 69. Singer T. Sloan, 12 X. B. B. 208; s. C, 3 DUl. 110, p. 84, n. 186; p. 87, n. 105. Slafter y. Sugar Co., 13 X. B. B. 520, p. 84, n. 186. Sloan, In re, 12 X. B. B. 69, p. 67, n. 152. Sloan y. Xjewia, 13 X. B. B. 173; s.o., 22 WaU. 150, p. 28, n. 61; p. 45, n. 92. Smith, In re, S X. B. B. 377 p. 21, n. 32. Smith, In re, 5 X. B. B. 20, p. 67, u. 153, p. 69, n. 160. Smith, In re, 8 X. B. B. 401, p.88. n. 78. Smith, In re, 13 X. B. B. 256, p. 67, u. 164. Smith, In re, 13 X. B. B. 500, p. 75, n. 175. Smith, In re, 14 X. B. B. 295, p. 38, n. 78. Smith, In re, 14 X. B. B. 432, p. 54, n. 118. Smith y. Eagle, 14 X. B. B. 481, p. 63, n. 140, 142. Smith y. Mason, 6 X. B. B. 1; 8. C, 14 Wall. 419, p. 3, n. 2; p. 4, } 4973; p. 6, n. 6;p. 9, n.19. Smith T. Bamsey, 27 Ohio St. Com. 339, p. 73, n. 170. Smith y. Vodges, IS X. E. B. 433, p. 85, n. 187. Soloman, In re, 2 X. B. R. 285, p. 68, n. 156. Soldier's Business Co., In re. 3 Ben. 201, p. 40, n. 82. Solis, In re, 4 Ben. 143, p. 53, n. 117. Son, In re, 1 X. B. B. 810, p. 56, n. lao. Spades, In re, 13 X. B. B. 72, p. 62, •■. 131,. 132,134; p.63, n. 148. Sparhawk y. Drcxol, 12 X. B. B. 450, p. 49, n. 101; p. 86, n. 190. Sparhawk v. Bichards, 12 X. B. B. 74, p. 84, n. 187. Speyer, In re, 6 N. B. R. 255, p. 11, n. 21. Spicer v. Ward, 3 X. B. R. 612, p. 21, n. 32. Spillman, In re, 13 X. B. R. 214, p. 62, u.. 131, 132. Stafford, In re, 13 X. B. B. 378, p. 11, a. 21. Steadman, In re, 8 X. B. B. 319, p. 3, n. 2.. Steinman, In re, 6 Oh. Ii. X. 338, p. 24, -i. 47. Steyens, In re, 4 X. B. B. 367, p. 52, n. 111. Stevens, In re, 6 X. B. B. 112, p. 75, u.. 174; p. 76, u. 177. Steyens, In re, 5 X. B. B. 298, p. 36, n. 69;. p. 89, n. 71. Stevens y. Bank, 101 Mass. 109, p. 72, u.. 166. Stevenson t. McLaren, 14 X. B. B. 403, p.^ 25, n.63; p. 28, u. 62. Stewart, In re, 13 X. B. B. 296, p. 38, n. 76 Stokes, In re, 1 X. B. R. 489. p. 34, n. 66. Stokes y. Mason, 12 X. B. R. 498; s. c. 10 B. L 261, p. 46, n. 92; p. 71, n. 164. StoU y. Wilson, 14 X. B. R. 571, 8. c. 38 X. J. (Law) 198, p. 72, n. 168. Strauss, In re, 2 N. B. E. 48, p. 50, n. 107. Sutherland y. Davis, 10 X. B. B. 424, p. 3^ n. 2. Sweatt y. Boston, Hartford and Erie R. B. 6 X. B. B. 284, p. 3, n. 1 ; p. 77, n. 181. Thompson, In re, 13 X. B. B. 300, p. 35, n, 68 ; p. 85, n. 187. Thornton, In ze,? N. B. B. 189, p. 87, ii. 70. Thornton v. Hogan, 63 Mo. 143, p. 49, n. lOO. Thurman y. Andrews, IS X. B. B. 157, p. 72, u. 166. Tinker y. Vandyke, 11 X. B. R. S08; s. c. 14 X. B. R. 112, p. 84, u. 186 ; p. 87, n. 195. Todd y. Barton, 13 X.' B. R. 197, p. 66, n.. 150. Tonkin. In re, 4 X. B. R. 52, p. 63, n. 116. Tonne, In re, 13 X. B. R. 170, p. 37, n. 73;. p. 88, n. 76. XIV TABLE OF CASES CITED. Tooker, In re, U N. B. B. 35, p. 63, n. 145. Trafton, lure, 14 N. B. R. 507, p. 62, u. 185, 137; p. 63, n. 139. Treadwell v. HoUoway, !2 N. B. R. 61; s. C. 46 Cal. 647, p. 71, n. 164. Trim, In re, 5 N. P. E. ?3, p. 47, n. 96. Trimble v. Williamson, U N. B. E. 53; s. 0. 49 Ala. 525, p. 35, n. 68. Triplett V. Hanley, 1 Dill. 217, p. 88, n. 127. Troy Woolen Co., In re, 8 Blatoh. 465, p. 42, n. 88. Tyler, In re, 4 N. B. E. 104, p. 68, u. 157. u trlricli. In re, S Ben. 35S, p. 27, n. 58. Union Pac. E. E. Co., In re, 10 N. B. E. 178, p. 21, n. 32. United States v. Bayer, 13 N. B. E, 88; S. C. 3 Cent. L. J. 11,- p. 90, n. 203, 206. United States v. Black, 13 N. B. E. 340, p. So, n. 204. United States y. Block, 15 ST. B. E. 325 ; p. 89, n. 200. United States v. Clark, 4 IT. B. E. 59, p. 89, n. 201, 203. United States v. Geary, 4 N. B. E. S35, p. 89, a. 203. United States v. Herron, 20 Wall. 251, p. 72, n. 167. United States v. Lewis, 13 N. B. K. 33, p. 58, a. 128. United States v. Penn, 13 N. B. E. 464, p. 89, n. 202, 203. United States v. Prescott, 4 K. B. E. 112, p. 89, n. 203. United States v. Pusey, 6 N^ B. R. 284, p. 89, n. 199. United States y. EOb Roy, 13 ST. B. E. 35, p. 72, n. 167. United States y. Eob fioy, 13 N. B. E. 235, p. i1, n. 95. United States v. Smith, 13 N. B. E. 61, p. 89, n. 201, p. 90, n. 203. Usher r. Peafle, 12 N. fl. E. 808; 8. e. 116 Mass. 440, p. 25, n. 51. Talk, In re, 3 Ben. 431, p. 66, n. 151. Talllant y. Obildress, 11 N. B, E. 317 ; s. C, 21 WaU. 642, p. 36, n.69. Van Auken, In re, 14 N. B. R. 435, p. 62, n. 134, 136, p. 63, n. 143. Van Kostraud v. Carr, 30 Md. 128, p. 8S, n. 190. Vogel, In re, 7 Blatoh. 18, p. 35, n. 67. Voight V. Lewis, 14 N. B. E. 643, p. 40, n. Von Hein v. Elkus, 15 N. B. E. 194, p. 86, n. 190. Voorliees v. Frisbie, 8 N. B. E. 163, p. 87, n. 195. w Wald, In re, 12 S. B. E. 491, p. 62, n. 134. WalfOrd, In re, 4 Ben. 9, p. 12, n. 22. Walker v. Siegel, 13 N. B. E. 394; s. c, 2 Cent. L. J. 508, p. 35, n. 68. Walker v. Towner, 5 Cent. L. J. 2C6, p. 41, n. 86. Wallace, In re, 13 N. B. E. 191, p. 75, n. 173. Walshee, In re, 3 Woods, 225, p. 62, u. 138. Warher v. Cronkhite, 13 N. B. E. 52; s. C, 6Biss.4S3, p. 71, n. 164. Warner v. Garber, 15 N. B. R. 409, p. 84, n. 186. Warren Sav. Bank v. Palmer, 10 N. B. R. 239; s. C, 6 Ch. L. H. 366, p. 24, n. 47. Washington Ins. Co., In re, 2 Ben. 292, p. 36, u. 55. WatrouS, In re, 14 N. B. E. 258, p. 61, n. 110. Watts, In re, 3 Ben. 166, p. 17, n. 29. Webb T. Sacks, 16 N. B. E. 168, p. 85, n. 188. Weber Furniture Co., In re, 13 K. B. E. 529, p. 62, n. 138, p. 63, n. 147. Weeks, In re, IS N. B. E. 263, p. 48. n. 94 ; p. 49, n. 101. Weitzel, In re, 14 N. B. E. 466; s. c, S Cent. L. J. 657,'p. 21, n. SO. Welch, In re, 5 N. B. E. 348, p. 37, n. 76. Whipple, In re, 11 N. B. E. 624, p. 62, u. 138. White V. Jones, 6 3T. B. R. 175, p. 40, n. 83. Whitney, In re, 14 K. B. E. 1, p. 68, n. 158. Wicks y. Perkins, 13 N. B. E. 280, p. 49, n. 100, 102, 103a. Wielarski, In re, 4 N. B, R. 390, p. 15, n. 27. Wiener, In re, 14 N. B. E. 218, p. 62, n. 111. Wilkins v. Davis, 15 N. B. E. 60, p. 75, n. 174;p.76, n. 177, Williams, In re, 2 N. B. E. 229, p. 46, n. 93. Williams, lu re, 14 N. B. E. 132, p. 22, n. 32. Williams v. Butcher, 12 N. B. E. 143, p. 73, n. 166. Williams y. Harkins, 15 N. B. E, 34 ; s. c, 65 Ga. 172, p. 46, n. 92. tVills V. Claflin, 13 if. B. E. 437; s. c, 92 U. S. 135, p. 27, n. 60. Wilson, In re, 8 N. B. E 396, p. 22, u. 33. TABLE OF CASES CITED. XV WUson, In re, 13 N. B. R. 253, p. 70, n. 161. WUson V. City Bank, 17 "Wall. 473, p. 84, n. 185. Wilt V. Stiokuey, 15 N. B. E. 23, p. 41, n. 86. Winkens, In re, i X. B. B. 349, p. 76, n. 177. Wlnship V. Phillips, 14 N. B. E. 60; s. o. 52Ga.69S,p.72, n. 167. Wiswall V. Campbell, 15 N. B. E. 421, p. 6, n. 9 ; 8. 0. 93 U. S. 347, p. 8, n. 15. Wittv. Hereth, 13N.B. E. 106, p. 86, n. 189. Wood V. BaUey,12 K. B. E. 132; s. o. 21 Wall. 640, p. 7, n. 11. Woodford, In re, 13 N. B. E. 575, p. 22, n. 34;p.23, n. 37. Woodwara, In re, 13 N. B. B. 297, p. 54, n. 118. Woolseyv. Oade, 15K. B.E. 238; s. o. 4 Cent. L. J. 202, p. 71, n. 164. Worthington, Inre, 14X. B. E. 388, p. 3, n. 2 ; 8. C. 890, p. 49, n. 101. Wright, In re, 8 N. B. E. 430; s. o. 8 Biss. 359, p. 38, n. 76. Wright, In re, 2 Ben. 509, p. 65. n. 149. Wylie V. Breok. 2 Woods, 673, p. 47. n. 97. Wynne, In re, 4 N. B. E. 23, p. 47, n. 96 ; p. 84, n. 187. York, In re, 4 N. B. E. 497, p. 7, n. 11. z Zinn, In re. 4 N.B. B. 370; S. 0. 4. N. B.B. 436, p. 33, u. 65. KEVISED STATUTES OF THE UNITED STATES, TITLE, BANKEUPTOT. CHAPTER ONE. COURTS OF BAJSTKEUPTCT, THEIK JUEISDICTION, OBGANIZATIOX AND POWEES. Section 4972. As Amended.— Conrla of Bank- ruptcy; Scope of their Jurisdic- tion ; wliat Assets or Debts may- be collected in State Courts. Note 1.— Original Jurisdiction of Courts of Banltruptcy. 2.— Of sucll Jurisdiction in General. 3.— Such Jurisdiction Con- current -with, but not Exclusive of, State Courts. 4.— Jurisdiction of Bank- rupt Courts, beld un- der tlie Kevised Stat- utes, Exclusive. 5.— Cases holding that such Jurisdiction is not Ex- clusive. 4973. Courts of Bankruptcy to be al- ways Open ; Power of Judges in Term Time and Vacation ; Ooh- tempt. 4974. Such Court may sit at any Place in District. 4975. Power of such Courts to com- pel Obedience. 4976. Powers of Circuit Judge during Absence, Sickness or Disability of District Judge. 4977. Powers of the Supreme Court for the District of Columbia. 4978. As Amended.— Powers of the Dis- trict Courts for the Territories. Section 4979. As Amended. — Concurrent Juris- diction of Circuit Courts of Ac- tions between Assignees and Persons claiming Adverse In- terests. Note 6.— Construction of Orig- inal Act. 7.— Amendatory Act of June 8, 1872, construed. 8.— Citizenship of Parties. 4980. Appeals and "Writs of Error from, District to Circuit Courts. Note 9.— As to Appeals. 10.— As to Writs of Error. 4981. Conditions upon which Appeals and Writs of Error are Granted ; Notice, Bond, etc. NOTEll.— This Statute Con- strued. 12.— Constl-ued as to Writ* of Error. 4S32. Appeals, when to be entered. Note 13.— Tills Provision Direc- toi-y merely, 4983. Waiver of Appeal. 4984. Appeal from Decision rejecting Claim. Note 14.— Wliat must be Filed. 4985. Judgment of Circuit Court Con- clusive ; Costs of Appeal, Note 16.— Judgment rejecting Claim not Reviewable. 4986. Power of General Superintend- ence conferred on Circuit Court. BANKRUPT LAW. 5 «72.] Courts ot Bartouptoy. Sectiojt 49SS. 4990. 4991. 4992. 4994. 4995. 4996. 4997. 4998. 5000. 6001. NOTE16.— This section Con- strued. 17.— This Jurisdiction final. 18.— Practice under this Section. Superintendence of Supreme Courts of Territories. Power ot District Judge in Dis- trict not in any Organized Cir- cuit. Appeal and Writ ot Error to Supreme Court; Limit of Juris- diction. Note 19.— This section Con- strued. As Amended.— General Orders in Banliruptcy; SupremeOourtmay prescribe in -what Cases. Commencement of Proceedings; what deemed to be. N0TE2D.— This section Con- strued. Records ; Dockets ; Copies ; Evi- dence. liegisters in Bankruptcy; Ap- pointment of. Who Eligible to Office of. Bond and Oath of Kegister. Eestrictions upon Registers. Removal oi Registers. Powers of Registers. ' Note 21.— The same Subject. Limitations upon Powers of Registers. Registers to keep Memoranda of Proceedings. Registers to attend at Place di- rected by Judge. Section 5002. Powers of Registers when so acting; may summon Witnesses; require Production of Books, etc. 5003. Evidence in Bankruptcy Pro- ceedings, how taken; Attend- ance of Witnesses; Production of Books and Papers. 5004. Depositions ; Register may ad- minister Oaths. 6005. Compulsory attendance of Wit- nesses; entitled to Protection; liable for Contempt. 6006. Contempt in Proceedings before Register. Note 22.— Committed by Bank- •rupt's Wife. 5007. Registers may act for each other. 5008. Fees of Registers; by whom paid. Note 23.— Same Subject. 5009. Contested Issues to be decided by Judge. Note 24.— Law and Fact. 6010. Opinion of Judge may be taken in Case Certified. Note 25 —But not on Fictitious Case. 6011. Agreed Cases ; Judgments upon, to be final, when; Agreements in Special Cases. 6012. Penalties against Judges and OiBcers. 5013. Meaning of Terms and Compu- tation of Time. Note 26. —Computation of Time. cockts of Banickuitcy: Scope of juris- diction. Original Act of 1867, § 1 ; E. S. § 4972, as amended.— The juris- diction conferred upon tlie district courts as courts of bankruptcy shall extend: 1, to all cases and controver- sies arising between the bankrupt and any creditor or creditors wlio sliall claim any debt or demand under the banlffuptcy; 2,' to the collection of all the assets of the banki'upt; 3, to the ascertainment and liquidation of the liens and other specific claims thereon; 4, to the adjustment of the various pri- orities and conflicting interests of all parties; 5, to the marshaling and disposition of the different funds and assets, so as to secui-e the I'ights of all parties and due disttibutlon of the assets among all the creditors; 6, to all acts, matters, and things to be done under and in virtue of the bankruptcy, until the final distiibution and settlement of BANKRUPT LAW. :S 4972.] Courts of Bankruptcy. [Notes 1-3. ■the estate of the bankrupt, and the close of the proceedings in bank- ruptcy. ^Provided, that the court having charge of the _ _ n t ■% t yvusx ftssct8 or estate of any bankrupt may direct that any of the legal debts collected 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 bank- rupt resides, having jurisdiction of claims of such nature and amount.]i NOXB 1. Original JvHsdiction.—The United States District Court has original juris- diction in all matters and proceedings in bankruptcy. Sweatt t. Boston, Hartford & Erie E. E., 6 N. B. E. 234. The first paragraph oi the original act of March 2, 1867, corresponds with subdivision 18, of § 663 of the Bevised Statutes, which reads thus: "The district courts are constituted courts ol bankruptcy, and shall have in their respective districts original jurisdiction in all matters and proceedings in bankruptcy." 2. In 6eneral.—A proceeding in bankruptcy is, In its nature and objects, a general creditor's bill. As a court oi equity with jurisdiction over " all cases and contro- versies between the bankrupt and his creditors," etc., the bankrupt court has the eame power as a state court of equity, to restrain the enforcement of a judgment at law recovered against a bankrupt lor an improper amount. I'owler v. Dillon, 12 KT. B. B. 308. It is within the general equity powers of a court of bankruptcy, after an adjudication and before the selection of an assignee, to appoint a receiver forthe temporary care and custody of the estate. Lansing v. Mauton, 14 N. 6. B. 128. Such receiver h^s no power to bring suit in his own name to recover the value of prop- erty conveyed by the bankrupt in fraud of the bankrupt law. Until an assignee is - appointed, the legal title to the assets is in the bankrupt, and it is not only the right, but the duty of the bankrupt to bring suit for the protection and preservation of I the property. Ibid. ; Sutherland v. Davis, 10 X. B. E. 424 ; Be Steadman, 8 K. B. E. 319 ; March v. Heaton, 2 N. B. E. 180. The district court has power to restrain a holder of a mortgage or other lien from proceeding in a state court to enforce the same. Be Iron Mt. Co., 9 Blatoh. 320; Be Sacchi, 10 Blatch. 29. See Johnson v. Bishop, 1 Woolw. .324; Blum v. Ellis, 76 N. C. 293. Where a party who is proceeded against by a sum- mary proceeding, where the proper form of proceeding is a bill in equity, consents to a reference of the case for hearing before a register, he thereby gives the district court jurisdiction over his person, and can not, in a collateral action, impeach its decree. People v. Brennan, 12 N. B. E. 667 ; s. C, 6 N. T. Sup. 120. An order oi the district court directing an assignee to collect unpaid subscription on stock is con- clusive upon his right to sue. He may sue at law for unpaid subscriptions to stock, ibid, ; Sanger v. Upton, 13 K. B. B. 226 ; 8. c, 91 U. S. 66. District courts, as well as circuit courts, have jurisdiction of suits at law or in equity, brought by an assignee claiming an adverse interest touching any property or rights of property of the bankrupt, transferable to or vested in such assignee. Haskill v. Frye, 14 K. B. E. 625; Smith v. Mason, 6 N. B. E. 1; s. C, 14 Wall. 419. The district court can not determine the validity of the title of a party holding adversely to the bankrupt's assignee, by a summary proceeding. Be Marter, 12 N. B. B. 186. But if the party sub- mits, voluntarily, his claims to the coui-t, it can. Be Wortfiingtou, 14 N. B. B. 388. Section 4979 was not intended to limit the jurisdiction of the disti-ict court conferred by this section. Johnson v. Price, 13 K. B. E. 623. Jurisdiction is limited to cases pending in the district court of the district where the jurisdiction is invoked. Be Richardson, 2 N. B. E. 202. A careful discussion of this question may be found in Markson y. Heaney, .1 Dill. 497. But see the more recent interpretation in Shear- /man v. Bingham, 7 N. B. E. 490; Lathrop v. Drake, 13 N. B. E. 472; s. c, 91 U. S. 616. 3. Concurrent with, but not ExcluHve of State Courti.—It the Banjsrupt Act has, r(l) Act olJuue 22, 1874, .§.2 BANKRUPT LAW. §§ 4973-4975.1 Courts of Bankruptcy. [Notes S-5.. lor certain purposes, conferred a jurisdiction for the benefit of assignees on the circuit and district courts, it is concurrent with, and does not direst that of the stater courts. Eyster v. Gaff, 13 N. B. E. 546; s. c, 91 U. S. 521; Burbank v. Bigelow, 14 N> B. E. 445; s. c, 92 U. S. 179. A state court has jurisdiction of an action brought by an assignee to recover money paid to a creditor as a preference. Goodrich v. Wil son, 14 N. B. E. 556; s. c, 119 Mass. 429. See § 5128 and note, pos*. Assignee may col- lect assets in state courts. Eiisse 1 r. Owen, 15 N. B. E. 322; s. c, 61 Mo. 185. The- commencement of proceedings in bankruptcy does not affect the jurisdiction of a state court over a proceeding then pending to foreclose a mortgage, lind a sale thereunder will pass a valid title, although the assignee Is not made a party thereto^ Eyster v. Gair, 13 N. B. E. 546; s. C, 3 Cent. L. J. 250; s. C, 91 U. S. 521. Where an assignee submits himself and his rights to the jurisdiction of the state court, he caa not, after judgment, object to the power of the state court to act in the premises. Scott v. Kelly, 12 N. B. E. 96. 4. JExclusive under ike Eevised Statutes. — ^Under the Eevised Statutes a state court has no jurisdiction of a suit by an assignee in bankruptcy to recover property al- leged to have been conveyed by the bankrupt in fraud of the act. The Eevised Statutes took away the jurisdiction, although passed after suit was hegun. Frost v.- Hotchkiss, 14 N. B. E. 443. See § 711, subdivision 6 Eev. Stat. U. S. 5. Save not Exclusive Jurisdiction. — See Augustine Ass. v. McFarland, 13 N. B. E.- 7; Me Bowie, 1 N. B. E. 628; Norton's Assignee v. Boyd, 3 Howard, 426; Mays v. Fritton, IIN.B. E. 229; 8. C, 20 Wall. 414; Scott v. Kelly, 12 N. B. E. 96. Contra,. Phelps v.Sellick, 8 N.B.E. 390; i!e Anderson, 9 N.B.E.3G0; Brigham v. Claflin, 7 N^ B. E. 412; Se Brinkman, 7 N. B. E. 421. An assignee in bankruptcy may be sued in. a state court for trover of property sold by him as assignee in bankruptcy, and which he refuses to deliver up, if the bankrupt court has not taken any action in the matter. Ives v. Tregent, 14 N. B. E. 60; s. C, 29 Mich. 390. A state court will not grant an injunction restraining a party from applying for the benefit of the bankrupt law. Pillingin v. Thornton, 12 N. B. E. 92. A state court will not surrender its juris- diction over the property in the custody of receivers of an insolvent firm, appointed by it, and which firm has subsequently been adjudged bankrupt, and turn it over to- the assignee in bankruptcy, on a mere motion of the assignee. Freeman v. Fort, 14 N.B.E. 46; s. 0., 52 Ga. 371. Eegular proceedings for thatpurpose must be instituted. In the bankrupt court. Ibid. But see Meyer v. Crystal Lake Works, 14 N. B. E. 9. Ibid. § 1 ; K. S. § 4973.— The district courts shall be always open for Courts always ^^^ transaction of business in the exercise of their juris- open: Power of diction as courts of bankruptcy: and their powers and Judges m term • ■ j. j.. . , , ,, , . time and vaca- jurisdiction as such courts shall be exercised as well in tion: Contempt. yacation as in term time ; and a judge sitting at cham- bers 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.i Ibid. § 1 ; K. S. 4974.— A district court may sit for the transaction of „ , ^„, „,. business in bankruptcy, at any place within the district, viOuri; iii»y Bill .ct.^'Li 1 j^ at any place in 01 wnicn place and of the time of commencins ses- district. . j.1. . , 1, , . . sion the court shall have given notice, as well as at the places designated by law for holding sessions of such court. Ibid. § 1; E. S. § 4975.— Tlie district courts as courts of bankruptcy r of dis- ^^^^^ ^^^^ ^"'^ authority to compel obedience to all or- trict court to ders and decrees passed by them in banlcruptcy, by pro- cncS° ° " ' cess of contempt and other remedial process, to the same: (1) Smith v. Mason, 6 N. B. E. Ij s. C. , 14 Wall. 419. BANICRUPT LAW. ;S§ 4976-4979. Concurrent Jurisdiction. judge shall, from sickness, absence, or other disability, ouTt'Tudge''aur^ *e unable to act, the circuit judge of the circuit in |r4ness''or'dis- •extent that the circuit courts now have in any suit pending therein in ■equity. Act June 30,1870, § 2; R. S. § 4976.— In case of avacancy in the office •of district judge in any district, or in case any district rt - ; 1u< abs< ;nes , which such district is included may make, during such awiuyoi district ■disability or vacancy, all necessary rules and orders pre- paratory to the final hearing of all causes in bankruptcy, and cause the «ame to be entered or issued, as the case may require, by the clerk of the "district court. Original Act of Makch 2, 1867, § 49 ; E. S. § 4977.— The same juris- "diction, power and authority which are hereby conferred upon the district courts in cases of bankruptcy are also euprem™ court* •conferred upon the Supreme Court of the District of Si c?iuiSil?'°* ^Columbia, when the bankrupt resides in that district. Ibid. § 49; K. S. § 4978, as amended. — The same jurisdiction, power •and authority which are hereby conferred upon the dis- „ . , , , , , o , Po-vrers oJ tlie 4rict courts in cases of bankruptcy, are also conferred district courts upon [district]! courts of the several territories when the bankrupt resides in either of the territories, [subject to the general superintendence and jurisdiction confeiTed upon circuit courts by sec- tion two2 of said act.p This jurisdiction may be exercised, upon peti- tions regulai-ly filed in such courts, by either of the justices thereof while holding the district court in the district in which the petitioner •or the alleged bankrupt resides.* Ibid. § 2, as amended by Act op June 8, 1872 ; E. S. § 4979, as AMENDED. — The several circuit courts shall have, within . ,. ,. ... ,, ,. , . , CONCtmnKNT each district, concurrent jurisdiction with the district jukisdiction: court [of any district,]^ whether the powers and juris- twem assignees diction of a circuit court have been conferred on such cMming'ad- district court or not, of all suits at l,aw or in equity, '"^'^^ interests. brought by an assignee in bankruptcy against any person claiming an ■■adverse interest, [or owing any debt to suchbanlirupt],^ or by any such person against an assignee, touching any property or rights of the bankmpt transferable to or vested in such assignee. (1) So amended by Act of June 23, 1874, §16. The original reading was "supreme." (2) See §4986, post. (3) So amended by Act ot June 22, 1874, § 16. Tliese amendments vrere made to the orig- inal act of 1867, byname, and the words "saldacti," in the last clause, refer to the Act ot 1867. (4) Act ol June 80, 1870, oh. 177, § 1. (5) So amended in effect by the Act of June 22, 1874. The original act, as amended by the Act of June 22, 1874, reads as follows, the amendments of 1874 being indicated by the words In brackets: " Said circuit courts shall also have concurrent jurisdiction with the district -courts of [any] district of all suits at law or in equity which may or shall be brought by cthe assignee in bankruptcy against any person claiming an adverse interest [or owing any BANKRUPT LAW. §§ 4970-49SO.] Concurrent Jurisdiction— Appeals— Writs of Error. [Notes 6-10^ • 6. Construction of Original .4c«.— Controversies, in order tliat they may be cogniz- able liereunder, must have respect to some property, or rights of property, of the- banltrupt, transferable to or vested in his assignee ; and the suit, whether at law or jm equity, must be in the name of one of the two parties described therein and against the other. Morgan v. Thornhill, 5 N. B. B. 11 ; S. c, 11 Wall. 65 ; Smith v. Mason, 6 N, B. E. 1 ; 14 Wall. 419; Knight v. Cheney, 6 N. B. E. 305. Proceedings hereunder must be plenary. Barston v. Peckham, S N. B. E. 72; Be Marter, 12 N. B. E. 185, and cases supra. Circuit courts of the United States have concurrent jurisdictioni with district courts of suits brought by an assignee appointed in another district. Lathrop v. Drake, 13 N. B. E. 472; s. c, 91 U. S. 516; Burbank v. Bigelow, 14 N. B. E. 445. The circuit court has no jurisdiction of a bill filed by creditors before the appointment of an assignee, to restrain a chattel mortgagee from selling the goods- of the bankrupt. Semble, that the district court has such jurisdiction. Johnson v.- Prioe, 13 N.B. E. 523. The district court has such jurisdiction by a summary pro- ceeding, it seems. lie Fendley, 10 N. B. E. 260. 7. Amendatory Act of June 8, 1872, Construed.— Tii\B amendment removed any am- biguity that may have existed, but did not thereby impress a more restricted mean- ing upon the language of the original act than was due to it by a fair judicial construction. Lathrop v. Drake, 13 N. B. E. 472; s. c, 91 U. S. 516. For an elaborate- discussion of the jurisdiction of circuit courts, see 7 Am. Law Eeg. 641. 8. atizensMp of Parties. — Whenever state courts have jurisdiction over contro- versies between the assignee and third parties, the circuit courts have it independ- ently of the bankrupt law, if the proper citizenship of the parties exists. Burbank. V. Bigelow, 14 ST. B. E. 445; s. C, 92 U. S. 179. Original Act of 1867, § 8 ; E. S. § 4980.— Appeals may be taken fron» the district to the circuit courts in all cases in equity- Appeals anb , . .. ^ . i j >- wEiTs OF EB- and writs of error from the circuit courts to the district eok: From dis- , in i . ^ i . . -t trict to circuit courts maj' be allowed m cases at law, arising under or """" ^" authorized by this title, when the debt or damages- claimed amount to more than five hundred dollars; and any supposed 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 de- cision of the district court to the circuit court for the same district. 9. An Appeal to the circuit court lies in a suit by an assignee to set aside a claim and? lien for it on the bankrupt's property. Barron v. Morris, 14 N. B. E. 371. Also front a decision allowing or rejecting a claim. Wiswall v. Campbell, 15 N. B. E. 421. A_ compliance with rule twenty-six, in relation to the time of filing an appeal, is not- necessary to give the circuit court jurisdiction. Ibid. ; Baldwin v. Eapplee, 5 N. B.- E. 19. The rule is merely directory. Ibid. 10. Writ of Error.— 'None will lie from the circuit court to the district court, where- the case is tried before the district court without a jury. Blair v. Allen, 3 Dill. lOL debt to such banki-upt] , or by such person against such assignee, toucMng any property or rights of property of said bankrupt transferable to or vested in such assignee. ' ' The word^ "any'' -was substituted for the words " the same " in the original act. The amendatory- act of June S, 1872, -which the revisers designed to embody In the above section, read as- follows: "That the powers and jurisdiction granted to the several circuit courts of the United States, or any justice tliereol, by section two of an act entitled ' An act to establlshi a unifonn system of bankruptcy throughout the United States,' approved March 2d, 1867,. may be exercised in any district in which the po-wers or jurisdiction of a circuit court have been or may be conferred on tlio district court for such district, as if nc 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 unlfomiB tlu-ouKhout the United States. BANKRUPT LAW. SS 4981-1984.] Appeals and Writs of Error. [Notes 11-14. Ibid. § 8; B. S. § 4981. — No appeal shall be allowed in any case from the distiict to the circuit court, unless it is claimed, . . , , , . , ... Conditions o» and notice given thereof to the clerk of the district appeals and court, to be entered with the record of the proceedings, Notice, bond,' ' 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; nor unless the appellant at tUe time of claiming the same shall give bond in the manner required in cases of appeals in suits in equity; nor shall any writ of error be allowed unless the party claiming it shall comply with the provisions of law regulating the granting of such writs. 11. Co»»s(r«ctton.— Appeals from the district to the circuit court will be dismissed, unless notice is given to tlie opposite party witliin ten days after the entry of tlie decree appealed from. Wood v. Bailey, 12 N. B. B. 132; 8. 0., 21 Wall. 640. Re York, 4 N. B. E. 479; Be Place, 4 N. B. E. 541; Hawkins v. Hastings, 1 Dill. 453. " Defeated party " in tliis section must be construed to mean opposite party. Ibid. In computing the time, Sunday is to be counted, except when the last day would fall on Sunday, then Sunday Is to be excluded. Re York, 4 N. B. E. 479. The circuit court has no jurisdiction of the appeal, unless these requirements are complied with. The regulation of appeals is a regulation of jurisdiction. Re Alexander, 3 N. B. E. 29; Re (Joleman, 7 Blatch. 192. 12. Wi-its of Error are governed by the requirements of this section. Knicker- bocker Ins. Co. V. Comstock, 8 N. B. E. 145 ; S. C, 16 Wall. 258. On writ of error no question of fact can be re-examined. Buddick v. Billings, 1 Woolw. 332. Ibid. § 8; E. S. § 4982.— Such appeal shall be entered at the term of the circuit court, which shall be held within the dis- trict next after the expiration of ten days from the entered.'' ^ ^" time of claiming the same. IS. Directory. — This is merely directory. The time for entering the appeal may be enlarged by agi-ceraent. Baldwin v. Eapplee, 5 N. B. E. 19. Ibid. § 8; E. S. § 4983.— If the appellant, in writing, waives hi^ appeal before any decision thereon, proceedings may . be had in the district court as if no appeal had been peaif'™'^ ° ^^ taken. Ibid. § 24; E. S. § 4984. — 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, decSFo^n re'ieot- upon entering his appeal in the circuit court, file in the '°^ »iaim- 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 proceeding shaU thereupon be had in the pleadings, trial and determination of the cause, as in actions 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. 14. What must be Filed.— What is required to be filed within ten days from the time of taking an appeal, is the appeal, containing a statement of the appellant's cluiiii BANKBUPT LAW. §§ 19S6-4986.] Appeals and Writs of Error. • [Notes 15-18. and a briel account of what has been done in the district court, and the grounds of appeal. The transcript of the proceedings need not be filed in ten days. Barron v. Morris, 14 N.B.E. 371. Ibid. ; B. S. § 4985. — The final judgment of the circuit court, rendered upon any appeal provided for in the preceding section, ciroSf "ourt"' ^^^^ ^^ Conclusive, and the list of debts shall, if neces- cSteoi™ppeai. ^^^7i ^^ altered to conform thereto. The party prevail- ing in the suit shaU be entitled to costs against the adverse party, to be taxed and recovered as in suits at law ; if recov- ered against the assignee, they shall be allowed out of the estate. 15. Judgment Rejecting Claims not Jieviewable. — The judgment of the circuit court rejecting a claim presented by a supposed creditor of the estate of a bankrupt is not reviewable in the United States Supreme Court on error. Wiswall v. Campbell, 93 U. S. 347 ; Conro t. Crane, 94 IT. S. Alter the decision of the Eegister on the val- idity of a creditor's claim, the district court may order further testimony to be taken before passing on the register's decision. Wiswall v. Campbell, supra. Okiginal Act of 1867, § 2, as amended by Act of June 8, 1872; K. S. § 4986. — The circuit couit for each district shall have Power of gen- "^ crai superin- a general superintendence and jurisdiction of aU cases leired on cii- and questions arising in the district court for such dis- cu coui . ^^,j^^ when sitting as a court of bankruptcy, whether the powers and jurisdiction of a circuit court have been conferred on such district court or not; and except when special provision is other- wise made, may, upon bill, petition, or other proper process, of any party aggrieved, hear and determine the case as in a court of equity; and the powers and jurisdiction hereby granted may be exercised either by the court in term time, or in vacation, by the circuit justice or by the cii'cuit judge of the circuit.i 16. Construed.— The construction which gives due effect to all parts of this act re- lating to revisory jurisdiction, is that which, on the one hand, excludes from the cat- egory of general superintendence and jurisdiction of the circuit court the appel- late jurisdiction defined by section 4980; and, on the other, brings within that cate- gory all decisions of the. district court or the district judge at chambers, which can not be reviewed up m appeal or writ of error under the provisions of that section, iie Alexander, 3 M. B. B. 29; Coit v. Robinson, 9 N. B. R. 289; s. C, 19 Wall. 274; Mor- gan V. Thornhill, 5 N. B. B. 1; s. 0., 11 Wall. 65. A proceeding in bankruptcy, from the time of its institution to the final settlement of the estate, is one suit. The ad- judication on a petition is reviewable by the circuit court. Sandusky v. First Nat. Bank, 12 N. B. R. 176 ; s. C, 23 Wall. 2S9 ; Ee Comstock, 10 N. B. E. 451 ; Se Oregon Pub. Co., 14 N. B. E. 394; 8. c, 3 Sawy. 614. A stay of proceedings during review is in the discretion of the circuit court.' Be Oregon Pub. Co., supra. Order granting or refusing a discharge is reviewable by petition. Ruddick v. Billings, 1 Woolw. 330. 17. Final.— The jurisdiction or superintendence of the circuit court, under this sec- tion, is final. Morgan v. Thornhill, 5 N. B. E. 1 ; 8. C, 11 Wall. 65 ; Coit v. Robinson, 9 N. B. E. 289; s. 0., 19 Will. 274. 18. Practice on Heview.— The circuit judge has power at chambers, though outside of the geographical district, to entertain and act upon a petition for review. Mark- Bon v. Heaney, 1 Dill. 511. The practice under this section is informal and irregular. The supreme court has promulgated no rules to govern the practice, nor liave the (1) See § 4979 and uote. BANKRUPT LAW. ■■55 4987-4990.] Appeals— Writs of Erroi^Oraers in Bankruptcy. LNoto 18-19. -circuit courts (witli one exception) made any rules to regulate it. A summary order ol the district court sbould he brought for review to the circuit court by a simple petition. Hurst v. Teft, IS N. B. E. 108. Amendatory Act of June 30, 1870, § 1 ; E. S. § 4987.— The several supreme courts of the territories shall have .the same general superintendence and jurisdiction over the acts en^ce'byiupreme and decisions of the justices thereof in cases of bank- JoSS "* *°"'" ruptcy as is conferred on the circuit courts over pro- ceedings in the disti-ict courts.i Okiginal Act of 1867, § 49; E. S. 4988.— In districts v^hich are not ■within any organized circuit of the United States, the power oj dis- power and jurisdiction of a circuit court in hanltruptcy triet judge not may be exercised by the district judge. ized circuit. Ibid. § 9; E. S. § 4989.— No appeal or writ of error shall be allowed in any case arising under this title froff. the circuit i i i. 1 , ., .... Appeal and •courts to the supreme coui't, unless the matter m dis- writ oi error to pute in such case exceeds two thousand dollars. upieme 19. Construction.— No appeal lies to the supreme court from a decree of the circuit -court rendered in the exercise of the supervisory jarisdiction conferred upon that court by section 4986; and it seems that the amount involved is immaterial. Morgan V. Thornhill, 5 N. B. E. 1; S. C, 11 Wall. 65; Hall v. Allen, 13 Wall. 453; Smith v. Mason, 6 N. B. E. 1; S. c, 14 Wall. 430; Mead v. Thompson, 8 N. B. E. 539; 8. C, IS Wall. 638; Marshall v. Knox, 8 N. B. E. 97; s. c, 16 Wall. 55?. Oases arising under section 4979, where the amount is sufficient, are within this section, and, as such, when the case has proceeded to final judgment or decree, may be removed to the -supreme court by writ of error or appeal. Ooit v. Robinson, 9 1^. B. E. 289; s. c, 19 Wall. 274. No appeal lies to the supreme court from a decision on an application to set aside an adjudication of bankruptcy. Sandusky v. First Nat, Bank, 12 N. B. E. 176 ; ■S. C, 23 Wall. 289. Ibid. § 10, as amended; E. S. §4990, as amended.— The general or- ders in bankruptcy heretofore adopted by the justices of the supreme court, as now existing, may be followed DmfsT-flsivNKl in proceedings under this title; and the justices may, JiVeme court"" from time to time, subject to the provisions of this title, S wffioasS^' rescind or vary any of those general ordei's, and may frame, rescind, or vary other general orders, for the following pur- poses: 1. For regulating the practice and procedure of the district courts in banki'uptcy, and the forms of petitions, orders, and other proceedings to be used in such com-ts in aU matters under this title ; 2, for regulating the duties of the various officers of such courts; 3, for regulating the fees payable and the charges and costs to be allowed [except such as are established by this title or by law] ,2 with irespect to all proceedings in bankruptcy before such courts, not exceed- a) See § 4978. The act of April 14, 1870, 19 Stat. 83, provided lor the transfer from the ■supreme to the district courts ol the territories, of all cases in bankruptcy commenced in the former courts prior to the act of June 22, 1874. (2) The words in brackets read, in the original act, " except such as are established by .this act or by law. ' ' These words were, by the act ol June 22, 1874, § 18, repeaU^ . 10 BANKRUPT LAW. 5§ 4990^995.] Oommencoment ol Proceedings— Eecoids—Eegisters. [Note 20- ing the rate of fees now allowed by law for similar services in other proceedings; 4, for regulating the practice and procedure upon ap- peals ; 5, for regulating the filing, custody, and inspection of records ; 6, and generally for carrying the provisions of this title into effect; all such general orders shall, from time to time, be reported to Congress, with such suggestions as the justices may think proper. Ibid. § 3S; K. S. § 4991. — The filing of the petition for an adjudica- tion in bankruptcy, either by a debtor in his own mbntoppbo- behalf, or by any creditor against a debtor, shall be What deemed to deemed to be the comencement of proceedings in bank- ^^' ruptcy. 20. CoKstrued. — Be Patterson, 1 Ben. 608. In the original act, the following words appeared alter the word "debtor:" "Upon which an order may be issued by the court or by a register, in the manner prescribed by section four." It was held that the words "may be issued " should be read " sliall be issued." Ibid. Ibid. § 38; K. S. § 4992. — The proceedings in all cases of bankruptcy shall be deemed matters of record, but the same shall IRtsoohtir * Dockets; Cop- not be required to be recorded at large, but shall ba- les: Evidence. 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 presumptive evidence of the facts, therein stated. Ibid. §§ 3, 5; R. S. § 4993. — Each district judge shaU appoint, upon the nomination and recommendation of the chief iustice Eegisteks in j. , , ^ . . . , , BANiaitrpTCY: Of the Supreme court, one or more registers in bank- ^ppom men ruptcy, When any vacancy occurs in such office, to assist him in the performance of his duties, under this title,, unless he shall deem the continuance of the particular oflBce unnec- essary. Ibid. ; E. S. § 4994. — No person shall be eligible for appointment as register in banki-uptcy, unless he is a counselor of the ^ Who IS eiigi- (jisti-ict court for the district in which he is appointed, or of some one of the courts of record of the state iu which he resides. Ibid.; E. S. § 4995. — Before entering upon the duties of his ofiice, every person appointed a register in bankruptcy shall give a bond to the United States, for the faithful dis- charge of the duties of his ofiice, in a sum not less than one thousand dollars, to be fixed by the district judge, with sureties satisfactory to- such judge; and he shall, in open court, take and subscribe the oath prescribed in section seventeen hundred and fifty-six, title, " Provisions APPLICABLE TO SEVERAL CLASSES OP OFFICERS," and also an Oath, that he will not, during his continuance in office, be, directly or indi- rectly, interested in or benefited by the fees or emoluments arisinp^ BANKRUPT LAW. It S§ 4996-5000.] HegiBters in Bankruptcy. [Note 21.. from any suit or matter pending in . bankruptcy, in either the dis- trict or circuit court in his district. Ibid. § 4; R. S. § 4993.— Xo 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 u^a 'regist'ers. his district, nor in an appeal therefrom; nor shall he be executor, administrator, guardian, commissioner, appraiser, divider, or as.signee of, or upon any estate within the jurisdiction of either of those courts as courts of bankruptcy, nor shall he be interested in the fees or emoluments arising from any such trusts. Ibid. § 5; K. S. § 4997. — Registers are subject to re- Removal of moval from office by the judge of the district court. registers. Ibid. § 4; R. S. § 4998. — Every register in bankruptcy has power: 1,. to make adjudication of bankruptcy in cases unop- posed; 2, to receive the sun-ender of any bankrupt; 3, i^ers?™ "' "^" to administer oaths in all proceedings before him ; 4, to hold and preside at meetings of creditors; 5, to take proof of debts; 6, to make all computations of dividends, and aU orders of distribution ; 7, to furnish the assignee with a certified copy of such orders, and of the schedules of creditors and assets filed in each case; 8, to audit and pass accounts of assignees; 9, to grant protection; 10, to pass the last exam- ination of any bankrupt in cases whenever the assignee or a creditor do- not oppose; 11, to sit in chambers and dispatch there such part of the administrative business of the court and such uncontested matters as shall be defined in general rules and orders, or as the district jndge shall in any particular matter direct. 21. Powers of Registers. — Registers may hear and determine all uncontested peti- tions filed by attorneys against the assignee to compel the payment of their fees and disbursements. Be Stafford, 13 N. B. E. 378. General Order No. 5 gives the register power to act on all uncontested orders concerning the winding up of the bankrupt's estate which are not specifically required to be made by the court. Ibid. ; Be Noyes, 6 N. B. E. 277. Register may make an order to compel a bankrupt to pay over funds belonging to his estate to his assignee, and a disobedience of such an order is a, contempt. Be Speyer, 6 N. B. R. 255. In voluntary cases, he is authorized to reoeive- surrender of estate and keep safely until assignee is chosen. Be Hasbrouok, 1 Ben. 402. As to his duty with reference to passing on suiflcienoy of schedule, see Be- Orne, 1 Ben. 420. He may designate newspapers in which notice of sale shall be published. Re Burke, 15 N. B. E. 40. Proceedings before him are under his control. Be Hyman, 3 Ben. 28. Ibid. R. S. § 4999. — No register shall have power to commit for contempt, or to make adjudications of bankruptcy when , ^ -. ■ ■, 2.1. 1^ Limitations opposed, or to decide upon the allowance or suspen- upon powers ot sion of an order of discharge. ™^ ^ °'^^' IniD. R. S. § 5000.— Every register shall make short memoranda of Ills proceedings in each case in which he acts, in a docket to be kept by him for that purpose, and shall ke^l^moTnorln- forthwith, as the proceedings are taken, forward to the g^ °* proceed- clerk of the district court a certified copy of these 12 THE BANKRUPT LAW. -§§ 5001-5006.] Evidence— Depositions— Witnesses— Contempt. [Note 22. luemoianda, which shall be entered by the clerk in the proper minute- book, to be kept in his office. Ibid. § 5; E. S. § 5001. — The juds;e of the district court may direct a register to attend at any place within the district, for the Registers to at- ^ ^^ ■ -C ■, ^ ,. ^- , tend at place ai- purpose of hearing such voluntary applications under s ju ge. ^jj.^ ^j^g ^^ ^^y ^^^ ^^ opposed, of attending any meet- ing of creditors, or receiving any proof of debts, and, generally, for the prosecution of any proceedings under this title. Ibid. R. S. § 5002. — ^Every register, so acting, shall have and exer- cise all powers, except the power of commitment, so^acUng. ^^^^ vested in the district court for the summoning and examination of persons or witnesses, and for requiring vthe production of books, papers and documents. Ibid. § 38; K*. S. § 5003. — Evidence or examination in any of the pro- ceedings under this title may be taken before the court, or Evidence; ..,, , . . .. ,, HOW taicen; a register in bankruptcy, viva voce or m writing, before a Attendance ol . . j: i-u - .j. i. ^ jxi t -^ witnesses: commissioner of the circuit court, or by affidavit, or on Books, papers, 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. Ibid. § 5, as Amended by Act of July 27, 1868, § 3; B. S. § 5004.— All depositions of persons aud \\'itnesses taken before a Eegister*'??!^ register, and all acts done by him, shall be reduced to oaths"''**"^ writing, and be signed by him, and shall be filed in the clerk's office as part of the proceedings. He shall have power to administer oaths in all cases and in relation to all matters in ■which oaths may be administered by commissioners of circuit courts. Ibid. § 7; B. S. § 5005. — Parties and witnesses summoned before a register shall be bound to attend in pursuance of such Parties and summons at the place and time designated therein, and attend; Con- 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 attendance under any writ of subpoena. Ibid. ; E. S. § 5006. — Whenever any person examined before a register refuses or declines to answer, or to swear to or sign his fore'register.*'^" 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, and to punish him for contempt, if such person be compellable by law to answer such <|uestion or to sign such examination. 22. Bankrupt's ^t/'e is puuisliable. Tie Woolf ord, 4 Ben, 9. BANKRUPT LAW 13- 5§ 5007-6013.] Fees— Contested Issues— Agreed Oases— Penalties. [Notes 23-25.. Ibid. § 4; E. S. § 5007. — Any register may act in the place of any other register appointed by and for the same district Rogiaters maj- i. act for each court. other. Ibid. ; K. S. § 5008.— The fees of registers, as established by law, or by rules and orders framed pursuant to law, shall be paid to them by the parties for whom the serrices may whom'pafa.' ^^ be rendered. 23. Register's fees. — lie Maointire, 1 Ben. 277. Ibid.; E. S. § 5009.— In all matters where an issue of fact or of law is raised and contested by any party to the proceedings before any register, he shall cause the question or issue siies"o°bo deci- to be stated by the opposing parties in writing, and he ded by judge. shall adjourn the same into com-t for decision by the judge. 24. Law and Fact.—'Vlb.aX, is question of law and wliat of fact. See Be Patterson, 1 Ben. 448; Be Levy, 1 Ben. 496. Ibid. § 6; E. S. § 5010.— Any party shall, during the proceedings be- fore a register, be at liberty to take the opinion of the district judge upon any point or matter arising in the 3udge"'°May* be course of such proceedings, or upon the result of such certified" '^^^^ 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 sigued, shall be binding on all the parties to the proceeding; but every such certificate may be dis- charged or varied by the judge at chambers or in open court. 25. The " Point or Matter" must arise "during " or "in the course of " the proceed- ings, and the court will not decide mere abstract questions which do not so arise. Be Hasiiell, 4 N. B. R. 568 ; Be Levy, 1 Ben. 496. Ibid.; E. S. § 5011.— In any proceedings within the jurisdiction of the- court under this title, the parties concerned, or submit- . . , T. ,. , , J. ^, Agreed cases: ting to such jurisdiction, may at any stage of the pro- Judgments, ceedings, by consent, state any questions in a special Igreeements in case for the .opinion of the court, and the judgment of *®°'*' '"'^'^^• the court shall be final, unless it is agreed and stated in the special case that either party may appeal, if, in such case, an appeal is allowed by this title. The parties may also, if they think fit, agree that, upon the ques- tions 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 man- ner 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. Ibid. § 45; E. S. § 5012.— If any judge, register, clerk, marshal, mes- senger, assignee, or any other ofiicer of the several courts of bankruptcy, shall, for anything done or pre- agafnst judges tended to be done under this title, or under color of *""* officers. doinganything thereunder, willfully demand or take, or appoint or al- low any person whatever to take for him, or on his account, or for or on. 14 BANKKUPT LAW. §§ 6012-5013.] Penalties— Meaning of Terms, etc. Note 26, account of any other person, or in trust for him or for any other person, any fee, emolument, gratuity, sura of money, or anything of vahie whatever, other than is allowed by law, such person shall forfeit and pay a sum not less than three hundred dollars and not more than five hun- dred dollars, and be imprisoned not exceeding three years. Ibid. §48; K. S. § 5013.— In this title the word "assignee," and the . word " creditor," shall include the plural also; and the terms and com- word " messenger " shall include his assistant or assist- Snie. "" " ants, except in the provision for the fees of that officer. The word "marshal" shall include the marshal's depu- ties; the word "person" shall also include "corporation"; and the word "oath "shall include "affirmation." And in all cases in which any particular number of days is prescribed by this title, or shall be mentioned in any rule or order of court, or general order which shall at any time be made under this title, for the doing of any act, or for any other purpose, the same shall be reckoned, in the absence of any expres- sion 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 appointed 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. 26. In computing Time in a suit to recover a preference, the day of filing petition in bankruptcy is to be excluded. Dutclier v. Wright, 16 Alb. L. J. 100. BANKRUPT LAW. 15 i§ 60U-5015.] Oommencement oi Proceedings. [Note 27. CHAPTER TWO. VOLHSTTAKY BANKRUPTCY. Sbction 5014. Commencement of Proceedings; who may petition ; Petition. Note 27.— Tliis section con- strued. 6016. Schedule of debts. 5016. As Amended. — Inventory and val- uation. Section 5017. 5018. 6019. 6020. Oath to Schedule and Inventory. Note 26 — Oath; Notary. Oath of allegiance. As Amended. — Warrant to mar- shal; Notice to Creditors. Bankrupt may correct schedule. Note 29 — Construed; Additions to Schedule. Original Act of 1867, § 11 ; E. S. § 5014.— If any person residing within the jurisdiction of the United States, and owing •debts provable in banki'uptcy exceeding the amount of o°Proceedings* three hundred dollars, shall apply by petition addressed ^^<; pSion*'' to the judge of th'e judicial district in which such •debtor has resided or carried on business for the six months next pre- ceding the time of filing such petition, or for the longest period during «uch 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 a discharge from his debts, and shall annex to his petition a schedule and inventory, in compliance vyith the next two sections, the fUing of such petition shall be an act of bankruptcy, and such petitioner shall be adjudged a bank- rupt. 27. Construed.— Be Magie, 2 Ben. 369. A person can not file a petition for adjudica- tion as a voluntary bankrupt, where a petition for adjudication is still pending, filed by the debtor without any discharge or discontinuance. Be Wlelarski, 4 N. B. E. 390. A lunatic may, through hie guardian, apply for the benefits of the bankrupt law. See poBt, § 6021, note. Ibid. ; K. S. § 5015. — The said schedule must contain a full and true statement of all his debts, exhibiting, as far as possible, to whom each debt is due, the place of residence of each aebtef *"'^ *" creditor, if known to the debtor, and if not known, the fact that it is not known; also the sum due to each creditor; the nature •of each debt or demand, whether founded on written secui'ity, oblij>\ - 16 BANKRUPT LAW. §§ 6016-5019.] Inventory— Schedule - Oath— Warrant. [Note 2S_ tion, or contract, or otherwise ; the true cause and consideration of the Indebtedness in each case, and the place where such indebtedness ac- crued; and also a statement of any existing mortgage, pledge, lien, judgment or collateral or other security given for the payment of the game. Ibid. ; E. S. § 5016, as Amended. — The said inventory must contain an accurate statement [and valuation]! of all the peti- va^ultion."^ *""^ tioner's estate, both real and personal, assignable under this title, describing the same and stating where it is situated, and whether there are any, and, if so, what incumbrances^ thereon. Ibid. ; E. S. § 5017. — The schedule and inventory must be verified by „ ,^ , , , the oath of the petitioner, which may be taken either Oath to sched- „ ,,..., , „ . uie and inven- before the district judge, or before a register, or before '^' a commissioner of the circuit court. 28. Oath — Jfbtorj/.— A bankrupt may swear to his schedule before a notary public. He Bailey, 15 N. B. R. 48. Ibid. ; E. S. § 5018. — Every citizen of the United States petitioning to- be declared bankrupt shall, on filing his petition, and be- giance. "' *"^' fore any proceedings thereon, take and subscribe an oath of allegiance and fidelity to the United States, which oath may be taken before either of the officers mentioned in the preced- ing section, and shall be filed and recorded with the proceedings ia bankruptcy. Ibid.; E. S. § '5019, as Amended.— Upon the filing of such petition, schedule and inventory, the judge or register shall forthwith, if he is^ satisfied that the debts due from the petitioner exceed ttM *"servioer three hundred dollars, issue a warrant, to be signed by and pubiicauon gugh -judge" or register, directed to the marshal for the district, authorizing him forthwith, as messenger, to publish notices in such newspapers [as the marshal shall select, not exceeding two] ;2 to serve written or printed notice, by mail or person- ally, on all creditors upon the 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 war- rant specifies. [But whenever the creditors of the bankrupt are so lui- merous 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 (1) So amended by Act of June 22, 1874, §15. The -word "statement" read "inventoiT," in the origlDal act, and the worda "and valuation" were interpolated by the Act of 1874 (which, in terms, ajnended tlie original act), after the word "inventory"; so that now, to give the exact value of the amendment, it would be necessary to read the text ' 'inventory .and valuation." (2) So amended by Act June 22, 1874, § 6. The words ' ' as the marshal shall select, not ex- ceeding two," are inserted in place of the words of the original act and of the Revised Statutes, ' ' as the warrant specifies, ^ ^ which are stricken out. BANKRUPT LAW. 17 J 8020.] Notice— Publication— Oorreotion of Schedule. [Note 29 may, in lieu thereof, in its discretion, order such notice to be given by publication, in a newspaper or newspapers, to all such creditors whose claims, as reported, do not exceed the sums, respectively, of fifty dol- lar8.]'2 Ibid. § 26 ; E. S. § 5020.— Every bankrupt shall be at liberty, from time to time, upon oath, to amend and correct his schedule of „ , ^ ,.. , „ Bankrupt may creditors and property, so that the same shall conform correct sohed- to the facts. "^°' 29. C(matrued.—ne Orae, 1 Ben. 420; /Je Morlord, a Ben. 264; Re Watts, 3 Ben. 168. Material additions to schedule not allowable after first meeting of creditors, ex- cept upon such conditions as may prevent injustice. Be Batoliff, 1 N. B. B. 400, (2) So amended by Act June 22, 1874, § i. 18 BANKEUPT LAW. Involuntary Bunkraptcy. CHAPTER THREE. INVOLIOTTAHY BAISTKRUPTCY. Section 5021. As .4men£?ed.— Involuntary Bank- ruptcy; what shall be deemed Acts of Bankruptcy ; Number and Amount of Creditors; Petition^ Limitation; Voluntary Assign- ment no Bar to Discharge ; em- braces what Cases ; Proceedings ■with Reference to Number and Amount of Creditors ; Recovery ■of Property, etc., fraudulently conveyed ; Disabjlity of Fraudu- lent Conveyee; Verification of Petition; what Creditors reck- oned. Note 30.— Who can not commit an Act of Bankruptcy. 31.— Where Petition to be filed. 32.— What an Act of Bank- ruptcy. (1) Assign- men tunder State Laws. (2) Suspension of Payment of Com- mercial Paper. (3)- Preferences. 33.— Practice; Pleading. 84.— Claims may be Pur- chased. 35.— Creditor joininjc can not withdraw. 36.— Sufficiency of Number joining in Petition. 37.— What Creditors to be reckoned . 38.— Partnership Cases. 39.- Secured Creditors not reckoned. 40. — Attaching Creditors not reckoned. 41.— Debts barred by Limi- tation. Section 42.— Preferred Creditors. 43.— Interest. 44.— Burden of Proof; Ev- idence. 45, —Whether Amend- ments of 1874 are Re- troactive. 46. — Sufficiency of Num- ber a Jurisdictional Fact. 47.— Denial of Requisite Number. 5022. Prior Acts of Bankruptcy. 5023. Repealed. 5024. Debtor ordered to show Cause; Injunction; Arrest; Provision^ Order of Seizure. NoTs 46.— Sufficient Grounds. 49.— Jurisdiction of State Court. 60.— Injunction. 51. —Arrest. 52.— Provisional Assignee: Receiver. 53.— Executing Warrant of Seizure. 54.- Separate Petition. 5025. As Amended.— S>Q\'\'iQ.Q of Order to show Cause; Number and Amount of Ci editors. NOTB55.— •*« the Debtor can not be found."" 56.— Number and Amount of Creditors. 5026. As Amended. — Petition summari- ly heard, or tried by Jury ; Judg- ment for Respondent, when; Discontinuance; Failure of Pe- titioning Creditor to Appear, what. BANKRUPT LAW. 19 •56021.] Involuntary Bankruptcy. Section Note 57.— Demand for Jury. 58.— EGect of Appearance. 69.— Wlio may oppose Ad- judication. I>9a.— Adjudication set aside. 60.— Proof of Discontinu- ance. S028.— Adjudication and Warrant. Section NOTEfil.— Conclusiveness of Adjudication. 6029. Proceedings upon Warrant. Note 62. — What Property seized. 63.— Pacts must be Proved. 6030. As Amended. Scliedule, Inven- tory and Valuation. 6031. Proceedings if Debtor has faUed to Appear. S. § 5021, AS INVOLUNTAEY BANKHUPTCY. Obiginal Act of 1867, § 39, as Amended; E. Amended.] — That section thirty-nine of said act of March 2d, 1867, 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 i. .. J. .. ■ i. ^ -i J! f I. ,_ ■ . L fi i Whatshallbe state, district or territory of which he is an inhabitant, deemed acts of with intent to defraud his creditors; or, being absent, ••ankruptoy. sshaU, 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, talcen or sequestered on legal pro- cess; 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,6 assigned and distributed in the same manner and with similar proceedings to those hereinbefore provided for the taking possession, assignment, and distribution of the property of the debtor upon his own petition. 62. What Property Seized.— There is no difference in respect to what property the marshal is justified in seizing between the provisional and the final warrant. Ste- venson V. McLaren, U N. B. R. 403. 63. Facts must be Prowed.— Petitioners must prove facts alleged in their petition. Se Hoppock, 2 Ben. 478. Ibid. § 42 ; E. S. § 5030, AS Amended. — The order of adjudication of bankruptcy shall require the bankrupt forthwith, or ■ventoryandvai- within such number of days not exceeding five after ""■ ""'■ the date of the order or notice thereof, as shall by the order be prescribed, to make and deliver, or transmit by mail, post- paid, to the messenger, a schedule of the creditors and an inventory [and valuation]! of his estate in the form and verified in the manner re- ^juired of a petitioning debtor. Ibid. ; E. S. § 5031. — If the debtor has failed to appear in person, or by attorney, a certified copy of the adjudication shall be u debtor has forthwith served on him by delivery or publication in the failed to appear. majmer provided for the service of the order to show cause ; and if the bankrupt is absent or can not be found, such schedule and inventory shall be prepared by the messenger and the assignee from the best information they can obtain. <1) So amended by Act of June 22, 1874, § U. BANKRUPT LAW. 29-- Proceedings to Bealize the Estate for Oreditors. CHAPTER FOUR PBOCEEDmGS TO REALIZE THE ESTATE FOK CKEDITOKS.. SaonoN IS03Z. What the Notice to Creditors shall state. First Meeting ol Oreditors ; Mar- shal's Keturn. HOTB64.— This section Con- strued. Assignee, how chosen; who chosen Assignee. NOTB 65.— Election ol Assignee; EUglblUty; Quallflca- tion. Who can not Vote tor or be chosen Assignee. Bond ol Assignee; Failing to give, removed. Assignee liable tor Contempt. Resignation ol Assignee. Kemoval ol Assignee. NOTB 66.— The Same Subject. Effect ol Resignation or Re- moval. Vacancies, how Filled. Estate vested in Eemalnirg Assignee. Conveyance to new Assignee; Court to make Orders. Assignment ; relates back ; vests estate; dissolves Attachments. Note 67.— Assignment not Ac- knowledged ; Relates Back. 68.— What Assignee takes; BOect ot Equities, Judgments, etc. 69.-r-Ellect ol Assignment upon Attachments. What Property exempt in Hands ot Bankrupt; Exemption, how to Operate. t033. SOU. S03S. t036. g037. S03S. 5039. E040. 6041. 5042. 5043. 5044. S015. SECiioir NOTX 70.— What Is Exempt. 71.— No Title to Exempt Property passes to As- signee. 72.— Setting apart Exempt Property. 78,— Exemption extends to- ■what Property; how AOected by Judg- ments, Liens, etc. 74.— Homesteads purchas- ed in Fraud of Credit- ors. 76.— Physical Character ol' Homestead. 76.— Partners not entitled- to Exemptions out ol Partnership Estate. 77.— Statute Laws existing in 1871 govern. 78.— Constitutionality ol this Statute. 6046. What Property vests in As- signee. NOTB 79.— Property Conveyed in Fraud ol Creditors etc. 6047. Assignee may recover Debts ; be admitted to Pending Suits ; de- fend Actions. Nora 80.— Decisions under this Section; Rights ol As- signee, Bankrupt, etc. 5043, Suits not to abate by Death or Removal. 6049. Copy ol Assignment Conclusive Evidence ol Title. Note 81.— This section Con- strued; Exemplifica- tion ol Part of Record.- .30 BANKRUPT LAW. FroceediDgs to Eealize the Estate for Creditors. .Section 6050. Bankrupt's Books of Account. 6051. Debtor must Execute Instru- ments. 6052. Certain Mortgages not Invalida- ted. Note 82.— This section Con- strued. 6053. Trust Property. NOTE 83.— Identity of Trust Property. 605!l. Notice of Appointment of As- signee and Becording of Assign- ment. Note 84.— Construction of this Section. 6055. Assignee to demand all As- signed Estate. 5056. Notice prior to Suit against As- signee. Note 85.— Seizure by Assignee of Property ol Stranger. 5057. Suits to be brought within two years; Eights barred not Be- vived hereby, NOTE86.— Applies to Suits brought by Assignee. 5058. Superseded. 6059. Assignee to Deposit Money and keep Effects Separate from his Own. 5060. Temporary Inyestment of Mon- ey. .6061. Assignee may submit Contro- versies to Ai'bltration ; may set- tle Controversies. Note 87. —Arbitration; Composi- tion ol Doubtful Claim. -5061a. Assignee may carry on Bus! ness, when. 6062. Assignee may make Sales, but Court may make order as to Time, Place, etc. NOTE 88.— Assignee's Sales. 6063. Sale of Disputed Property. NOTE 89. —Sale of Disputed Property. 6064. Sale of UncoUeciible Assets. 6065. Sale of Perishable Properly. 6065a. Assignee's Sales to be at Auc- tion ; Notice of, how Published; Superviaoiy Power of Court; Sales on Credit. £0666. Assignee to keep Accounts; Pen- alties against; Punishment of Persons combining with; Be- Section ports of ; to account for all In- terest, Benefits, etc.; Affidavit and Examination of; Penalty against, for False-Swearing. 5066. Assignee may Discharge Liens, Perform Conditional Contracts, etc. 6067. Debts and Proofs of Claims; what Debts Provable ; Demands for Conversion of Chattels ; Un- liquidated Damages. Note 90.— Debts due the United States. 91.— Statutes of Limitation. 92.— What are Provable Debts. 6068. Contingent Debts and Liabili- ties. Note 93.— The same Subject. 6069. Liability of Bankrupt as Draw- er, Endorser, etc. NOTE 94.— The same Subject. 5070. Sureties for Bankrupt. NOTE 95. —Bond to return Prop- erty. 6071. Debts Palling due at Stated Pe- riods. NOTE 96. —Bent; Landlord's Lien. 97.— Occupation by As- signee of Leased Pre- mises. 6072. No other Debts Provable. 5073. As Amended. — Set-offs. NOTE98.— Set-off; Claim of Stockholder; of Bailee. 99.— Claim Purchased or Transferred. 5074. Mixed Liabilities. 5075. Secured Debts ; Value of Secu- rity exceeding Debt, what. NOTE 100. —Practice wlieu Debt secured. 101.— Wlio are Lien Credit- ors. 102.— Sale of Incumbered Property. 103.— Bale at Request of Creditor. 104.— Marshalling Securi- ties. 106.— What not Secured. 106.— Action in State Court to enforce Lien stayed. 6076. Debts Provable before what Oflicer. BANJCRUPT LAW. 31 Prooeediiigs to Realize the Estate for Creditors. Section Note 107.— Cnses. 5076a. Notary may take Proof of Debts. Note 108.— Power of Notaries; Use of Seal. 5077. Claims, how Verified. Note 109.— Proof must show what. 6078. Oath.by whom Made; Corpora- tions ; other liJvideuce received. Note 110. —Who may malce Proof. S079. Oath, before whom Taken; how Transmitted; Creditors in For- eign Country. -6080. Proof to be sent to Assignee; his Duty; other Evidence. Note ill.— Withdrawal of Proof. 112.— Quantum of Proof. £081. Examination by Court into Proof of Claims. Note 113.— Examination of Proof. fi082. Withdrawal of Evidences of Debt. 6083. Postponement of Proofs. Note 114.— The same subject. 5084. Surrender of Preferences; Pen- alty for Failure. Note 115.— The same subject. 116.— When Surrender may be made. £085. Allowance and debts. SOeS. Ex.imination of Bankrupt. Note 117.— The same subject. 6037. Witnesses Compelled to At- tend. Note 118.— Mode of Procuring Testimony; Privilege of Witness. 5087O. Bankrupt or Party Competent Witness. 6088. Examination of Bankrupt's Wife. 6039. Examination of Imprisoned or Disabled Debtor. 5090. No Abatement upon Death of Debtor. 6091. Distribution of Bankrupt's Es- tate ; Bail, Surety, Guarantor. Note 119.— Preferred Creditors. 6092. Second Meeting of Creditors; Assignee to Seport; Creditors to decide as to Dividend; As- signee to decide, when. Note 120.— When Meeting should not be called. 6093. Third meeting of Creditors; Fi> Section nal Dividend; Further Divi- dends. Note 121.— Who may pai'ticipate. 6094. Notice of Meetings and Divi- dends. 6095. Creditor may act by Attorney. Note 122. Acknowledgment of Power of Attorney. 609b. Settlement of Assignee's Ac- count; his Examination and Discharge. 6097. Dividends not to be Disturbed. 5098. Omission of Assignee to call Meetings. 5099. Disbursements and Compensa- tion of Assignee. Note 123. Fees and Allowances of Assignee. 124. Allowances for Kent. 125. Discretionary Allow- ances. 126. State Taxation. 6100. Commissions Allowed Assignee ; need not Proceed without Funds. 6101. Dividends; Priorities; Fees, Public Debts, Wages, etc. Note 127. Priorities; Attorney's Fees; Services of Ex- pert; Taxes; Costs of Attachment ; Sheriff' s Fees. 128. Debts due the United States; Subrogation. 6102. Notice of Dividend to each Creditor. 5103. Superseding Proceedings by Ar- rangement; Trustees ;. Court to Approve; Consent of Creditors to be Filed; Conveyances to Trustees — their Title ; Effect of these Proceedings; Duties of Trustees, their Sights and Powers; Examination of Bank- rupt, Witnesses, etc.; Books and Papers ; Discharge of Bank- rupt; it Besolution is not Ap- proved, what. Note 129. Superseding Provi- sions by Arrangement. 6103II, Composition with Creditors; Number and Value of Creditors Consenting; What Creditors Reckoned ; who may not vote ; Debtor to be present or present Statement; Besolution to be Ap- 32 BANKEUFT LAW. H 6032-«034.] Notice to Creditors— Assignee. [Note 64. Sbcxion proved and Recorded ; Terms ol Composition may be afterwards Varied; Binding upon what Creditors ; Provision in Case ol Outstanding Commercial Paper; Correction ol Mistakes; Pay- ments to be made pro rata, etc. ; Enforcement ol Provisions ol Compositions; Court may set aside Composition, etc. Note 130.— Constitutionality. 131. — ^Resolution must pass. 132.— Must be confirmed. 133.— Oath not required ol Creditors. 134.— What Creditors Keck- oned and whatnot. (1) Creditors lYhose Debts do not exceed $50. (2) Creditors who purchase claims against Bankrupt. (3) Secured Creditors. 136.— Unliquidated Claims. 136.— Terms ot the Kesolu- tion. 137.— Debtor should be Present; Objection^ Mistake or Omission in Statement of As- sets. Note 138.- Recording the Reso- lution. 139.— Proceedings binding on whom. 140.— Attachments not Dis- solved. 141.'— Practice under Com- positions. 142.— Compositions Conclu- sive upon State- Courts. 143.— Adjudication and Dis- charge not Necessary. 2M. — Composition does not release Surety or Co- oblipror. 145.— Effect o n Secured Creditors. 146. — Composition procured by Fraud, invalid. M7.— Provision applies to Corporatiors. 148.— In Case of Partner- ships. Notice to cseditobs! Shall state what. Original Act of 1867, § 11 ; E. S. § 5032.— The notice to creditors under warrant shall state : 1, that a warrant in bank- ruptcy has been issued against the estate of the debtor; 2, 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; 3, 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 warrant, not less than ten nor more than ninety days after the issuing of the same. Ibid. § 12; E. S. § 5033. — ^At the meeting held in pursuance of the no- ^. . „ tice, one of the registers of the court shall preside, and First meeting ° ft of creditors : the messenger shall make return of the warrant and of turn. his doings thereon; and if it appears that the notice to the creditors has not been given as required iu the warrant, the meeting shall forthwith be adjom-ned, and a new notice given as required. 64. Construed.— Me Hill, 1 Ben. 321 ; Be Pnlver, 1 Ben. 381. Ibid. § 13; E. S. § 5034.— The creditors shall, at the first meeting held after due notice from the messenger in presence of a reff- How chosen. ister designated by the court, choose one or more assign- ees of the estate of the debtor; the choice to be made BANKRUPT LAW, 33 §§ 6034-5037.1 Election ol Assignee— Bond— Contempt. [Note 65. by the greater part in value and in number of creditors who have proved their debts. If no choice is made by the creditors at the meeting, the judge, or if there be no opposing interest, the register, shall appoint one or more assignees. If an assignee, so chosen or appointed, fails within five days to express In writing his acceptance of the trust, the judge or register may flU the vacancy. All elections or appointments of assignees shall be subject to the approval of the judge; and when in his judg- ment it is for any cause needful or expedient, he may appoint additional assignees, or order a new election. es. Electum of Assignee — ElegihilUy —Qualification — T^hs "greater part," etc., means the majority in number and value of the creditors who have proved their debts. Re Sohelffer, 2 N. B. K. 591. Where co-partners are adjudged bankrupt, only partnership creditors can ])artioipate in the election of assignee. Re Sohelffer, 2 N. B.- B. 591 ; Re Phelps, 1 N. B. R. 525. Preferred oredi tor may surren- der preference and vote. Re Saunders, 13 N. B. E. 164. A near relative of the banlt- nipt is not eligible. Re Zinn, 4 N. B. R. 370; 8. C, 4 N. B. U. 436; Re Powell. , 2 N. B. R. 45. An attorney for the bankrupt may be assignee. Re Olairmont, 1 N. B. R. 276. An attorney for a creditor may also. i!e Barrett, 2 N. B. R. 633. A regis- ter can only appoint in case there is no choice and no opposing interest. Re Sohelffer, sapra. Whei-e proceedings are pending in different districts against the same debtor, an assignee should be elected in each district, it seems. Re Boston,. Hartford* Erie R. R., 5 N. B. E. 233. Assignee must accept trust in writing. Re Major, 14 N. B. R. 71. Ibid. § 18 ; K. S. § 5035.— No person who has received any preference contrary to the provisions of this title shall vote for or be ,. ., , . , ,. , , . 1 Who can not eligible as assignee ; but no title to property, real or per- vote for or be sonal, sold, transferred, or conveyed by an assignee, "^ osenassgnee. shall be affected or impaired by reason of his ineligibility.! Ibid. § 13 ; R. S. § 5036.— The district judge at anytime may, and upon the request in writing of any creditor who has proved his claim shall, require the assignee to give good and suffi- signee: ramng cient bond to the United States, with a condition for movfdf' "'" the faithful performance and discharge of his duties; the bond shall be approved by the judge or register by his indorsement thereon, shall be filed with the record of the case, and enure to the ben- efit of all creditors proving their claims, and may be prose cuted in the name and for the benefit of any injured party. If the assignee fails to give the bond within such time as the judge or register orders, not ex- ceeding ten days after notice to him of such order, the judge \hall re- move him and appoint another in his place.2 Ibid. § 18; B. S. § 5037.— Any assignee who refuses or unreasonably neglects to execute an instrument when lawfully required by the court, or disobeys a lawful order or decree of the we for con - court in the premises, may be punished as for a contempt ^"''' " of court. (1) See note to preceding section, (2) Be remberg, 211. B. E. 368. 34 BANKRUPT LAW. |§ 5038-5044.] Kesignation— Vacancies — Conveyance— Assignment. [Note 66. Ibid. § 18; K. S. § 5038. — An assignee may, with the the assignee""' consent of the judge, resign his trust and be discharged therefrom. Ibid. ; K. S. § 5039. — The court, after due notice and hearing, may re- move an assignee for any cause which, in its judgment, as^igne™^ "' renders such removal necessary or expedient. At a meeting called for the purpose by order of the court, in its discretion, or 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 provided for the choice of assignee. 66. Memoval of Assignee.— ThiB proTision places matters oi this s ort in the discre- tion of the court. The removal must be " n-cessary or expedient." Se Blodgctt, 5 BT. B. E. 472. The court, and not the register, is the proper party to entertain motion to remove an assignee. Me Stokes, 1 N. B. E. 489. See JRe Price, i N. B. E. 406. It seems that a register may have a rule issued on the assignee to show cause why he should not be removed. Be Price, supra. Ibid. ; B. S. § 5040. — The resignation or removal of an assignee shall in no way release him from performing all things requisite ignation or re- on his part for the proper closing up of his trust and the ""^ ■ transmission thereof to his successors, nor shaU it affect the liability of the principal or surety on the bond given by the assignee. Ibid.; E. S. § 5041. — ^Vacancies caused by death or otherwise in the office of assignee may be iUled by appointment of the filled. ' court, or at its discretion by an election by the creditors, in the same manner as in the original choice of an as- signee, at a regular meeting, or at a meeting called for the purpose, with such notice thereof in writing to all linown creditors, and by such person as the court shall direct. Ibid. ; K. S. § 5042. — ^When, by death or otherwise, the number of assignees is reduced, the estate of the debtor not lawfully Estate vested j i u n 4. • ii, • ■ In remaining disposed of shall vest m the remaining assignee or as- assignee. signees, and in the persons selected to flu vacancies, if any, with the same powers and duties relative thereto as if they were originally chosen. Ibid. ; K. S. § 5043. — Any former assignee, his executors or adminis- trators, upon request, and at the expense of the estate, tonew^aSS^te: ^^^^^ ^^^^ ^""^ execute to the new assignee all deeds. Court to make conveyances and assurances, and do all other lawful acts requisite to enable him to recover and receive all the es- tate. And the court may make all orders which it may deem expedient to secure the proper fulfillment of the duties of any former assignee, and the rights and interests of all persons interested in the estate. Ibid. § 14; E. S. § 5044. — As soon as an assignee is appointed and qualified, the judge, or, where there is no opposing in- E^a?e?bST" terest, the register shall, by an instrument under his Vests estate:' hand, assign and convey to the assignee all the estate tachments. real and personal, of the bankrupt, with all his deeds BANKRUPT LAW. ' 35 55044.] Assignment— Relates back— Effect on Attaohmfliits. [Notes 07-fl9. boolvs and papers relating thereto, and such assignment shall relate back to the commencement of the proceedings in banlo-uptcy, and by operation of law shall vest the title to all such property and es- tate, both real and personal, in the 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 the bankruptcy proceedings. 67. Assignment not Aaknowledged— Relates Back,— An assignment by a register In bankruptcy to the assignee, altliough not acknowlecjged and recorded, is good as against alj persons having notice ol bankruptcy. Brady v. Otis, 14 N. B. E. 846. The title ol the assignee relates back to the commencement of proceedings in bankruptcy. lie Vogel, 7 Blatch. 18 ; Be Hulnagel, 12 N. B. E. 654. Assignee must pay rent from that day. Xe Hufnagel, supra. 68. WJiat Assignee Takes— Effect of Equities, Judgments, etc.— The general doctrine is thus stated by Mr, Justice Clifford: Assignees in bankruptcy, except in cases of fraud, take only such rights and interests In the property of the banki'upt as he him- self had and could have himself claimed and asserted at the time of his bankruptcy, and they are affected with all the equities which would affect the bankrupt himself, if he were asserting those rights and interests. Barnard v. Norwich & Worcester E. E., 14 N. B. E. 469; Hayes v. Dickinson, 15 N. B. E. 360. An assignee in possession of mortgaged property is entitled to the accruing rents for the benefit of the general estate, up to the time the mortgagee makes claim for them. Be Bennett, 12 N. B. E. 267. A devise of property to a trustee to pay the income thereof to a third person free from liability for his debts, is not such an interest as will pass to the latter's as- signee. Nichols V. Eaton, 13 N. B. E. 421 ; s. c, 91 U. S. 716. The policy of the bank- rupt law is to preserve judgments existing against bankrupts, according to the right of the creditors when the bankrtiptcy intervened, unless the Judgment is offensive to some express provision of the law, or successfully impeached for fraud. Trimble V. WiUiamson, 14 N. B. E. 63 ; s. 0., 49 Ala. 625 ; Be Uold Mining Co. 16 N. B. E. 545. Creditors holding an order for part of a general or particular fund obtained from a bankrupt before bankruptcy, hold an equitable assignment of that fund pro iamto though the drawee has refused payment. The creditors' rights must, however, be passed upon by the court in bankmptoy; they will be enjoined from pursuing the drawee for the fund in the state court. Walker v. Siegel, 12 N. B. E. 394; s. 0., 2 Cent L. J. 608. Where a firm parts with its property through fraud of a party, the prop- erty does not lose its identity, and, if recovered back, or its proceeds, from the party who obtained the property after the party's known insolvency, they would not be lia- ble to his assignee. Montgomery v. Bucyrus Machine Works, 14 N. B. E. 193 ; 92 tJ. S. 257. The assignee represents the creditors as well as the bankrupt, and is bound to protect their interests. Me Collins, 12 N. B. B. 379. A bankrupt is not entitled to re- tain money to pay the probable costs of obtaining a discharge. Be Thompson, 13 N. B. E. 300. The assignee acquires no title to exempted property, and when he sets apar to the bankrupt the exemptions, the liens upon it which existed before bankruptcy still adhere to it. Bush v. Lester, 15 N. B. E. 36; s. 0., 55 Ga. 579. And a bankrupt is entitled to retain such sum as the assignee may consider necessary for the temporaiy support of himself and family, not exceeding, with his furniture and other articles, ' the sura of five hundred dollars. Be Thompson, 13 N. B. E. 300. 69. Effect of Assignment upon Attackments.-Ml attachments sued out within four months prior to the commencement of proceedings in bankruptcy are dissolved, ipso facto, by the bankruptcy. King v. Loudon, 14 N. B. E. 383: s. c, 53 Ga. 64; Bracken v. Johnston, 15 N. B. E. 106; Be Badenheim, 16 N. B. E. 370; Hatch v.Seely, 18 N. B. E. S80, and oases cited; Be Jacic, 13 N. B. E. 298; Henkelman v. Smith, 12 N. B. E. 121 ; Be Bills, 1 N. B. B. 655. Contra, Sims v. Jacobson, 61 Ala. 186. The bank- 36 * BANKEUPT LAW. § 5015.] Effect ol Assignment upon Attachments— Exemptions. [Note 6*- ruptcy proceedings and assignment might be made known to the state court. Ibid. But il judgment is obtained in the attachment proceedings, and the creditor realizes his money prior to the filing of the bankruptcy petition, he may retain it, even though the attachment was sued out within four mouths prior thereto. Hiukelman v. Smith,. 12 N. B. E. 131. Otherwise, il alter petition is filed. Diokerson v. Spaulding, 15 N. B. K. 312. But if judgment is entered therein after proceedings in bankruptcy are commenced, it is void. King v. Loudon, 14 N. B. E. 383; 8. C, 53 Ga. 64; JSe Ellis, 1 N. B. E. 555. An attachment issued more than four months prior to the commence- ment of proceedings in bankruptcy is not dissolved, and may be enforced by any proceedings not involving a judgment in personam against the bankrupt. Hatch v. Seely, 13 N. B. E. 380; Balchelder v. Putnam, 13 N. B. E. 404; 8. C, 54 N. H. 84; Bow- man V. Harding, 4 N. B. E. 20 ; s. c, 56 Me. 559 ; Valliant v. Childress, 11 N. B. E. 317 ; S. 0., 21 Wall. 642; Bay v. Wight, 14 ST. B. E. 663 ; 8. C, 119 Mass. 426; Mason v. Warthen„ 14 N. B. E. 346. In case of a corporation defendant, a judgment for the amount claimed may be had. Munsonv. Boston, Hartford & Erie E. B., 14 N. B. E. 173; s. C.^ 120 Mass. 80. Bankruptcy proceedings agaiust one partner will not dissolve an at- tachment sued out against the firm, although issued within four months prior. Ma- son V. Warthen, 14 ST. B. E. 346. An attachment upon exempt property is not dis- solved, though sued out less than three months before bankruptcy, and may be en- forced in the state court. Eobinson v. Wilson, 14 N. B. E. 565. Contra^ 8. 0., 15 Kas. 595 j. Re Ellis, 1 N. B. E. 555; Be Hambright, 2 N. B. K. 498; Be Stevens, 5 N. B. E. 298. The provisions of the bankrupt law for the dissolution of attachments apply to attach- ments sued out in the state courts. Bank of Columbia v. Overstreet, 13 N. B. E. 154 ;. 8. c 10 Bush, 148. The obligation of a bond for the production of the property,, seized in an attachment proceeding, toward satisfaction of any execution to be is- sued or any judgment to be recovered in the action, is superseded by proceedings in bankruptcy, begun withm four months after the institution of the attachment proceedings, and the surety on the bond is released. Kaiser v. Eichardson, 14 N. B. E. 391. If a bankrupt, after the commencement of proceedings in bankruptcy, gives a bond to dissolve an attachment issued more than four months before that time,, and subsequently pleads a discharge, no special judgment can be entered to be en- forced by action upon the bond. Hamilton v. Bryant, 14 N. B. E. 479; Carpenter v. Turrell, 100 Mass. 450. See Holyoke v. Adams, 13 N. B. E. 413. The state laws govern the rights ol an assignee in bankruptcy in the estate of the bankrupt held by attach- ment under its laws, and where the bankrupt's property is attached more than four- months prior to proceedings in bankruptcy being begun, the assignee is vested with title, and may dissolve the attachment by giving bond. Braley v. Boomer, 12 N. B. E. 303; 8. C, 116 Mass. 527. Ibid. § 14. as Amended ;1 E. S. § 5045.— There shall be excepted from the operation of the conveyance the necessary household WhS'propcrty' and kitchen furniture, and such other articles and ueces- hand?oi b"anfe- saries of the bankrupt as the assignee shall designate and SinVh^w toV set apart, having reference in the amount to the family, ""*«• condition and circumstances of the bankrupt, but alto- gether not to exceed in value, in any case, the sum of five hundred dol- lars; also the wearing apparel of a 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 militia, or in the service of the United States; and such other property as now is, or hereafter shall be, ex- empted from attachment, or seizure, or levy on execution by the laws of (1) The original section was so amended by the act ol June 8, 1872, and Act ol March 3 1873. '' BANItRUPT LAW. 37 ■5 6045.] Exemptions— Homcstesia. [Notes 70-74. 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 pro- ceedings in bankruptcy, to an amount allowed by the constitution and laws of each state, as existing in the year eighteen hundred and seventy- one ; and such exemptions shall 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 de- cree of any state court, any decision of any such court rendered since the adoption and passage of such constitution and laws to the contrary notwithstanding. These exceptions shall operate as a limitation upon the conveyance of the property of the bankrupt to his assignee; and in DO case shall the property hereby excepted pass to the assignee, or the title of the bankrupt thereto be impau-ed or affected by any of the pro- Tisions of this title; and the determination of the assignee in the matter shall, on exception taken, be subject to the final decision of the said •court. 70. What is Sxempt.—'Re&l estate can not be set apart as exempt under the head of •"articles or necessaries." Xe Hunt, 6 N. B. E. 493; Be Thornton, 2 N. B. E. 189; Nor money. Be Welch, 6 N. B. K. 348. But a life insurance interest may. Be Ben- nett, 2 N. B. E. 181. 71. No Title passes to Assignee. — The title to exemptions is unaffected by the bank- rupt act. Be Hunt, 5 N. B. E. 493 ; Be Hester, 5 N. B. B. 285 ; Bosh v. Lester, 15 N. B. E. 36. It is the duty ol the bunkruptcy court to see that the exempted property is secured to the bankrupt. Be Stevens, 5 N. B. E. 298; Be Griffin, 2 N. B. E. 254. But see Be Hunt, 6 N. B. E. 493. 72. Setting apart Exempt Property— Bemerly of Debtor.— TTae assignee must select the property to be exempt under the bankrupt law, and the bankrupt should select the property exempt under the state law. Be Cobb, 1 N. B. E. 414. Where creditor's claim that the exemptions are unauthorized, they must except under general order 19, when reference is had to exemptions of personalty; but as to real es- tate an unauthorized exemption is void, no title passes from the assignee ; the credit- ■ors need not except, but can hold the assignee accountable. Be Gainey, 2 N. B. E. 625. 73. Exemption extends to what Property — Row affected by Judgment Liens, MortgageSt «te.— The exemption privilege applies even though the property is held by the lien of execution before proceedings in bankruptcy were commenced. Be Owens, 12 N. B. R. 618 ; Be Martin, 13 N. B. E. 397. The right of exemption must exist at the date of the commencement of the bankruptcy proceedings. Be Duerson, 13 N. B. E. 183. An allotment of exemption does not Impair the lien of a judgnj^nt. Haworth v. Travis, 13 N. B. E. 145; 8. c, 67 Ills. 301. Where the homestead claimed is worth more than the sum allowed, a judgment is a lien on the excess. Haworth v. Travis, 13>N. B. E. 45; s. c, 67 111. 301. A bankrupt is entitled t.> his homestead, though his wife owns a house. Be Tonne, 13 N. B. E. 170. A mortgagee may enforce his mort- gage in a state court if he does not prove his debt, although the assignee set the property apart to the mortgagor. Hatcher t. Jones, 14 N. B. E. 387; Cummingy. «e, 12 N. B. E. 540. Where a payment of a claim was oppressively obtained Irom a debtor, and his assignee in bankruptcy recovered it back, the creditor waa (1) See note 89, supra. 46 BANKRUPT LAW. §§ 5068-5070.] Proof of Claims— Contingent Liabilities— Sureties. [Notes 92-91. permitted to prove the original demand against the estate. Broolsmire t. Bean, 13 N.B. E. 217; S. 0., 3 Dill. 136. A judgment obtained after proceedings in bankruptcy arc begun is not provable, and a discharge does not affect it. Se Williams, 2 N. B. B- ■229 ; Se Gallison, 5 N. B. E. 353. A secured debt is provable, lie Bloss, 4 N. B. E. Ii7. Debt contracted for liquors, the sale of which is prohibited, is not provable. Se Paddock, 6 N. B. E. 132. The word " debt," as used in the act, is synonymus with the word claim. Stokes v. Mason, 12 N. B. E. 498; s. C, 10 E. L 261. Damages tor tort are not provable until assessed. Be Bailey, 2 Woods, 22?. An attaching creditor can not prove the costs of the attachment as a demand against the debtor's estate, unless it be shown that the attachment proceedings were auxQiary to contemplated bank- ruptcy, or otherwise beneficial to the estate. Se Hatje, 12 if. B. E. 548. A cause of action for breech of a warranty of title contained in a deed which exists prior to the time of the waiTantor's bankruptcy, is a debt provable in bankruptcy, and is barred by the bankrupt's discharge. Williams v. Harkins, 15 N. B. E. 34: 8. C, 56 Ga. 172. Where a banking corporation is prohibited by its charter from discounting notes or making loans upon personal security, such notes and such loans are void, and are not provable under the bankrupt act. Se Jaycox, 13 N. B. E. 122. Wager contracts Toid, and loss can not be proven. Be Green, 15 N. B. E. 198. Ibid. ; K. S. § 5068. — In all cases of contingent debts and contingent „ ^ ^ liabilities contracted by the bankrupt, and not herein Contingent debts and Uabii- 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 happens 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 lie shall be allowed to prove for the amount so ascertained. 93. Contingent Liabilities. — A loss on a fire insurance policy is provable in bank- ruptcy against the bankrupt company, though the loss occurred after adjudication, if proved before the final dividend. Be Am. Plate Glass & Ins. Co., 12 N. B. E. 56. It may be an equitable demand. Sigsby v. Willis, 3 Ben. 371. Liability of surety on guardian's bond before breach is a contingent liability, and surety's discharge discharges such. Eeitz v. People, 72 Ills. 435. Ibid.; E. S. § 5069. — ^When the bankrupt is bound as drawer, in Liability oJ "iorser, surety, bail, or guarantor upon any bill, bond, note bankrupt as or any Other specialty or contract, or for any debt of an- druvvcr, in- ., ■,_j_i.t.t.i.j -i ,, dorser,etc. Other person, but his liability does not become absolute until after the adjudication of banki-uptcy, the cred- itor may prove the same after such liability becomes fixed, and before the final dividend is declared. 94. lAdbilUy as Drawer, Indorser, etc.Se must be bound under the laws relating to commercial paper. Se Crawford, a N. B. E. 301 ; Ex parte Balch, 13 N. B. E. 160. The holder of a note can only prove against the estate of an indorser the amount due upon the note at the date of the proof. Se Weeks, 13 N. B. E. 263. If, after such proof, the maker make payments upon the note, the holder is still entitled to his dividends upon the whole amount due upon the note at date of proof; provided, that such dividends added to such payments, do not amount to a sum greater than that due upon the note. Ibid. Ibid.;'E. S. § 6070.— Any person liable as bail, surety, guarantor, or Sureties for Otherwise for the bankrupt, who shall have paid the debt, *anki-apt. Or any part thereof, in discharge of the whole, shall be entitled to prove such debt or to stand in the place of the BANKKUPT LAW. 47 455070-5073.] Bent— Landlord's Lien— Set-offs. [Notes 95-97. oreditor If the creditor has proved the same, although such payments shall have been made after the proceedings in bankruptcy were com- menced. And any person so liable for the bankrupt, and who has not paid the whole of such debt, but is still liable for the same or any part thereof, may, if the creditor fails or oiaits to prove such debt, prove the same either in the name of the creditor or otherwise, as may be provided by the general orders, and subject to such regulations and limitations as may be established by such general orders. 95. A bond to return Property, if the court requires it, is not a provable debt, unless the decision ot the court is rendered before the final dividend. United States v. Kob l:ov, 13N. B. K.235. Ibid. ; K. S. § 5071. — Where the banla-upt is liable to pay rent or other ■debt falling due at fixed and stated periods, the creditor X i- 4. ^ it. J! X ii. J^bts falling may prove for a proportionate part thereof up to the due at stated time of the banljruptcy, as if the same grew due from '"' •day to day, and not at such fixed and stated periods. 96. Eent — Lcmdlord't Lien.— The assignee's title to movable property found on demised premises is subject to the rights of all other persons ; and where, under the laws of the state, a landlord has a lien for rent, it is subject to it. Longstrcth v. Pen- nock, 12 N. B. R. 95 ; 8. C, 20 Wall. 675. As to lieu, see also Re Trim, 5 N. B. B. 23 ; iJe Wynne, 4 N. B. E. 23. The landlord's lien is not lost by his acquiescence in the sale of the goods subject to the lien. Re Browne, 12 N. B. E. 529. Nor does the taking of a note for the rent release the lien. Ibid. 97. Asffignee^s Occupation of Leased Premises, — The landlord of premises occupied by a bankrupt, is entitled to reasonable compensation for the premises, during the occupancy of the same by the officers of the court. Re Hamburger, 12 N. B. E. 277; ileMcGrath, 5N. B. E. 254; ZJeBreck, 12 N. B. E. 215; iJe Commercial Bulletin Co., 2 Woods, 220. Bent accruing after adjudication is not a provable debt. Bailey v. Loeb, 2 Woods, 578; Wylie v. Breck, 2 Woods, 673. A lease which can not be assigned without the landlord's consent is terminated by the tenant's bankruptcy. Re Breck, 13 N. B. E. 215. Semble, that an adjudication cancels a lease. Re Hamburger, 12 N. B. E. 277; Re Metz, 8 Bon; 571. But this is still an open question. The landlord has no provable claim for rent falling due under the lease, after the surrender of pos- eession by the assignee. Re Hufnagel, 12 N. B. E. S54. The subsequent rent is un- affected by a discharge. Ibid. Ibid. ; E. S. § 5072. — No debts other than those sped- ■» 4h a fied in the five preceding sections shall be proved or al- provable: lowed against the estate. Ibid. § 20; E. S. § 5073 as Amended. — In all cases of mutual debts or mutual credits between the parties, the account be- tween them shall be stated, and one debt set off against the other, and the balance only shall be allowed or paid ; but no set-ofi shall be allowed in favor of any debtor to the bankrupt of a claim in its nature not provable against the Estate, or of a claim purchased by or transferred to him after the filing of the petition, [or in cases of com- pulsory bankruptcy, after the act of banki-uptcy upon or in respect ol which the adjudication shall be made, and with a view of making such set-off.] 1 (1) So amended by Act ot June 22, 1874, § 6. 48 BANKRUPT LAW. §§ 6074-5075.] Set-off— Mixed Liabilities— Securca Debts. [Notes 98-lD0„ 98. Set-off— Claim of Stockholder— Of Bailee.— The claim of a stockliolder in a baiit- Tupt insurance company for losses sustained by him on policies issued by such company, can not be set off against his indebtedness to the company for unpaid sub- scriptions to its stock. Such unpaid subscriptions constitute a fund to be applied to- the payment of all the creditors of the company. Scammon y. Kimball, 13 N. B. E. 445; Sawyer T. Hoag, 9 N. B. E. 145; B. C, 17 Wall. 610; Jenkins v. Armour, 14 K. B. E. 276. A creditor who holds goods or chattels at the time of bankruptcy belonging- to the bankrupt with power of sale, or choses in action with power of collection, may sell the goods or collect the claims, and set them off against the debt the bank- rupt owes him. Ee Dow, 14 K. B. E. 307. So also a, banker who has for collection drafts of the bankrupt, the proceeds of which come into his hands alter bankruptcy,, may retain them by virtue of his lien. He Farnsworth, 14 N. B. E. 148. 99. Claim Purchased or Transferred.— Cboeea in action purchased by a debtor of a bankrupt can not be set off' against the claim of the assignee in bankruptcy where the assignee of the choses m action has no rights which he could enforce in his own name. Eollins v. Twitehell, 14 N. B. E. 201. The consent of the bankrupt to the assignment of a chose in action against him to his debtor after an act of bankruptcy has been committed, gives the assignee no better right than he had when he pur- chased. Ibid.; Hitchcock V. KoUo, 4 N. B. E. 690; s. c, 3 Biss. 276; Contra, Se City Bank, 6 N. B. E. 71. This case was decided, however, before the amendment of 1874, Ibid. § 21 ; R. S. § 5074.— When the bankrupt, at the time of adjudi- cation, is liable upon any bill of exchange, promissory Mixed llablll- „„, „ ., ... ... , , ,. . ties. note, or other obhgation in respect to 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 bank- ruptcy, or as a sole trader and also as a member of a fii-m, the cii-oum- stance 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 con- tractors, shall not prevent proof and receipt of dividend in respect of such distinct contracts against the estates respectively liable upon such contracts. Ibid. § 20; B. S. § 5075.— When a creditor has a mortgage or pledge of real or personal property of the bankrupt, or a lien Secued debts: ,, , ■ j.-, ^ , , , Where value of thereon for securing the payment of a debt owing to ceed's'debfc' him from the bankrupt, he shall be admitted as a cred- itor 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 tlie 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 seU the prop- erty, subject to the claim of the creditor thereon; and in either case tlie assignee and creditor, respectively, shall execute all deeds and \^Titino's 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. 100. Practice where Debt ia Secured,— A secured creditor can resort to one of three rem- BANKRUPT LAW. 49 § 507S.] Practice in Case of Secured Debts. [Notes 100-101. edies: 1. He can rely upon his security; 2. He may abandon it and prove the whole debt as unsecured ; 3. He may be admitted only as a creditor for the balance remaining after the deduction of the value of the security. If he t&kea either of the last two, he must prove his debt ; it he choees Ihe first, he need not prove it, unless he seel^s the aid of the bankrupt court to enforce his lien. Wicks v. Perkins, 13 N. B. E. 280. All the necessary requirements of a statute giving a lien must be eom)>lied with before the petition in bankruptcy against a debtor is filed, before it can effect the estate in the assignee's hands. lie Sabin, 12 N. B. B. 142. But see Be Brunquest, H N. B. R. 629; Thornton v. Hogan, 63 Mo. 143. Where one of the statutory requirements is to com- mence suit for the lien claim, a lien claimant may, as an equivalent, assert his lien in the bankruptcy court within the time limited by the statute creating the lien. Me Brunquest, supra. See also Phelps v. Sellick, 8. N. B. E 390; He EUlridge, 12 N. B. B. 540 ; He Firemen's Ins. Co., 8 \. B. E. 123 ; 8. c, 3 Biss 462. 101. Who are Lien Creditors. — Bankers have a general lien on the securities of their customers for balance. Sparhawk v. Drexel, 12 N. B. B. 450. Where one partner has pledged his individual property for a firm debt, proof maybe made in full against the assets of the firm without a valuation of the securities, lie Dow, 14 N. B. E. 307. Proving a secured as a general claim does not waive the security, unless there was concealment of the fact that it was secured. Hatch v. Seeley, 13 N. B. B. 380. A Judgment creditor's lien obtained after an assignment for creditor's benefit is made, and which assignment Is subsequently set aside in bankruptcy, is a valid lien as against the assignee in bankruptcy. MacDonald v. Moore, 15 N. B. E. 26. Bat see Johnson v. Bogers, 15 N. B. E. 2. Where money is loaned on commercial paper by a bank, Indorsed by a bankrupt, such paper is not collateral security. Ee Weeks, 13 N. B. B. 263. See Jle Peebles, 13 N. B. E. 149. Judgment docketed on Sunday does not create a valid lien. He Worthington, U N, B. E. 390. A landlord, with right of dis- tress for rent, is entitled to priority of payment for rent which has accrued; this right is in the nature of a lien, and the courts have classed it as a lien within the meaning of the bankrupt act. Austin v. O'Eeilly, 12 N» B. E. 329. See note 96, supra. 102. Sale of Incumbered Fropeiiy.— The district court in bankruptcy may direct the sale of the bankrupt's property free from all incumbrances. Secured creditors must have due opportunity to i^efend their interests, and must be notified to appear. Eay v. Brigham, 12 N. B. E. 145; S. 0., 23 Wall. 128. A sale without order of court conveys only such interest as the bankrupt had. Ibid. ; Wicks v. Perkins, 13 BT. B. E- 280. Sale under an illegal order is void. Davis v. E. E. Co., 13 N. B. E. 258. If the proceeds are not in excess of the lien, the court has no control over them; they go to the claimant. He Blue Bidge Co., 13 N. B. B. S16. 102a. Faiiure to Prm:e Debt.— AmoHgseea does not lose his lien by omitting to prove his debt. Ho may enforce his lien after the termination of the bankruptcy proceedings. Wicks V. Perkins, 13 N. B. E. 280. See also Brown v. Gibbons, 13 N. B. E. 407 ; McKay V. Punk, 13 N. B. B. 334 ; s. c, 87 Iowa, 661. So may a Judgment lien creditor. Bush V. Lester, 15 N. B. E. 36; s. c, 65 Ga. 579. 103. Sale at Request of Creditor.— HecureA creditors may petition court for order to sell the security, upon notice to the assignee. He Davis, 2 N. B. It. 391. But their debt must first be proven as secured. Be Frizelle, 5 N. B. E. 122 ; Be Bigelow, 2 Ben. 480. A claimant who has a judgment lien should prove his judgment as a secured debt and obtain permission to sell the property by virtue of his execution. Me Huf ■ nagel, 12 N. B. E. 664. See Heard v. Jones, 15 N. B. E. 402. Bankrupt court is the proper tribunal to administer remedies to enfoice liens. Blum v. Ellis, 70 X. C. 293. The same decision holds that all claimants must prove their debts, however evi- denced. 104. Marshalling Securities.— Wiiere a creditor of a bankrupt holds two classes o( security for his debt, he will be compelled to exhaust that class which he holds, and from which the other creditors would be excluded. Be Saulhoff, 14 N. B. E. 364. See also Be Peebles, IS N. B. B. 149. 50 BANKRUPT LAW. 5§ 5076-5077.] Secured Debts— Proof of claims, how made. [Notes 105-108. 105. Wliat not Secured.— CiedUovs who hold security for their claim against a bank- rupt, on property not the bankrupt's, may prove for their entire debt as unsecared. £e Dunkerson, Vi N. B. R. 413. A guaranty of a third party does not constitute secu- rity within the meaning of this section. iJe Anderson, 12 N.B. E. 602; iJeCram.lN. B. E. 604. An indorsee of a note, of which the bankrupt is maker, is not asecured creditor. He Breich, 16 N. B. E. 11. 106. Action in State Court to enforce Lien stayed.— An action to foreclose a mort- gage given by a bankrupt, instituted in a state court after proceedings in bankruptcy were commenced, will be stayed at the instance of the assignee, until the close of proceedings iu bankruptcy. Marksou v. Haney, 12 N. B. E. 484; 8. C, 47 Ind. 31. II not stayed, it is valid as against all persons who are parties thereto. Brown v. Gib- bon, 13 N. E. E. 407; 8. C, 37 la: 665. Ibid. § 22; E. S. § 5076.— Creditors residing within the judicial district where the proceedings in hanlcruptcy are pend- bie before what ing shall prove their debts hefore one of the registers of the court, or before a commissioner of the circuit court, within the said district. Creditors residing without the district, but within the United States, may prove their debts before a register in bankruptcy, or a commissioner of a circuit court, in the judicial district where such creditor, or either one of joint creditors, reside ; but proof talcen before a commissioner, shall be subject to revision by the register of the court. 107. Be Sheppard, 1 N. B. E. 439; JJe Haley, 2 N. B. E. 36; Be Strauss, 2 N. B. E. 48. § 5076a; Amendment op 1874, § 20.— That in addition to officers now authorized to take proof of debts against the estate of a NotJii'y may take proof of 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. 108. Power of Kotwries— Use of Seal. — ^A notary may also take acknowledgments of letters of attorney. Be McDuffee, 14 N. B. E. 336. The seal of a notary who takes a proof of debt need not contain his name and be impressed upon the paper. Be Phillips, 14 N. B. E. 219. Contra, Be Nebe, 11 IS^. B. E. 289. Original Act of 1867, § 22; E. S. § 5077.— To entitle a claimant against the estate of a bankrupt to have his demand al- verifled. ' lowed, it must be verified by a deposition in writing, under oath, and signed by the deponent, setting forth the demand, the consideration thereof, whether any and what secui-ities 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 procured for the purpose of influencing the proceedings in banlauptoy; 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 dispose of the claim, or any part thereof, or to take or receive, directly or indirectly, any money, property, or consideration whatever, whereby the vote of such creditor BANKEUPT LAW. 51 S§ 5077-oOSO.] Proof of Claims— Eequisltes of— How made. [Notes 109-110. for assignee, or any action on the part of such creditor, or any other person in the proceedings, is or shall he in any way affected, influenced, or controlled. No claim shall he allowed unless aU the statements set forth in such deposition shaU appear to be true. 109. Proof must show what. — The proof of debt must show the items of the indebt- edness as well as the consideration. Be Port Huron Dock Co., 14 N. B. E. 253. Also christian names of claimant and debtor. Be Eeed, 12 N. B. E. 390. Where the debt is a note held by a third party, he must state the consideration which passed from, him. Be Fort Huron Dock Co., supra; Bejj. J. Ship Canal E. E. cSblron Co., ION. B. E. 76. Ibid. § 22; E. S. § 5078.— Such oath 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 madet'oorporS cause from testifying, in which case the demand may be idencereoeivedT verified by the attorney or authorized agent of the claimant, testifying to the best of his knowledge, information, and be- lief, and setting forth his means of knowledge. Corporations may verify their claims by the oath of their president, cashier, or treasurer. The court may require or receive further pertinent evidence either for or against the admission of any claim. 110. Who may make Proof. — Where an officer of a corporation makes proof, he must, on oath, disclose that fact. When proof is made by an agent, he must state ■why not made by the claimant in person. Be Port Huron Dock Co., U N. B. E. 253. An agent who has had excluslTe management and can testify to the subject-matter of his own knowledge, can make proof. Me Watrous, 14 N. B. E. 258. Not other- wise. Be Saunders, 13 N. B. B. 164. A bankrupt is a competent witness to prove a claim of his wife, against the estate, if a competent witness under the state laws. Be Bean, 14 N. B. E. 182. " Some other good cause " construed. Be Jackson, 14 N. B. E. 449. Ibid. ; E. S. § 5079. — Such oath may be taken in any district before any register or any commissioner of the circuit court authorized to administer oaths; or, if the creditor is in whomiaken"™ a foreign country, before any minister, consul, or vice- mitted'^cradit^ consul of the United States. When the proof is so cJuS^.'^'®° made it shall be delivered or sent by mail to the register having charge of the case. Ibid. ; B. S. § 5080. — If the proof is satisfactory to the register it shall be delivered or sent by mail to the assignee, who shall ■■ -I. -j.^ j.^ -L. 1 J Proof to be examine the same and compare it with the books and ac- sent to as- counts of the bankrupt, and shall register, in a book to duij: other evl- be kept by him for that purpose, the names of creditors "lence. who have proved their claims, in the order in which such proof is re- ceived, stating the time of receipt of such proof, and the amount and nature of the debts. Such books shall be open to the inspection of aU the creditors. The court may require or receive further pertinent evi- dence either for or against the admission of any claim. 111. Withdrawal of Proo/.— Giving the right to withdraw a proof of debt inadvert- ently filed is a discretiouaiy power of the court, and will be exercised only where 52 BANKRUPT LAW. § 6081-5084.] Examination ol Prool— Postponement ol Proof. [Notes 111-11*. the general estate is to be benefitted. iJe Wiener, U N. B. E. 218. See Hubbard's- Case, 1 N. B. E. 679; 8. C, 1 Lowell, 190. 112. Quantum of Proof.— A creditor is not obliged, by the mere interposition of an objection to a proof of claim, to produce such evidence as would be necessary at an ordinary trial. Be Saunders, 13 N. B. E. 164. A proof of debt in due form makes out a prima facie case, subject to the discretion of the register and court to order further proof, and to the right of a creditor to offer counter proof. i2e Saunders, 13 if . B. E. 164. Ibid. ; K. S. § 5081. — The court may, on the application of the assignee, or of any creditor, or of the bankrupt, or without any ap- Bxamlnatlon ,. ^. . 4.1. ..v v. i 4. by court into pucation examine upon oath the bankrupt, or any per- proof of cia ms. ^^^ tendering or who has made proof of a claim, and may summon any person capable of giving evidence concerning 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. 113. Mxamination of Proo/.— McKinsey v. Harding, 4 X. B. E. 38; Re Eay, 2 Ben. 53. Creditor proving his debt is subject to examination and to the jurisdiction of the- court, without regard to his place of residence. lie Kyler, 2 Ben. 414. 113a. Competency of Bankrupt.— A bankrupt is a competent party to move that a claint proven against the estate be expunged. Re McDonald, 14 N. B. E. 477. Ibid. § 24; K. S. § 5082. — ^A bill of exchange, promissory note, or other instrument, used in evidence upon the proof of a^ of evidences ol 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. Ibid. § 23; B. S. § 5083. — When a claim is presented for proof before the election of the assignee, and the judge or register- o/proor^"™* 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. 114. Postpon';ment of Proof, — ^It is not required, in order to justify postponement of proof of clai-n, that the register shall have positive evidence that the claim is in- valid. It there are any facts or circumstances which create in his mind substantial doubt upon the question of validity, or of the creditor's right, it is his duty to post- pone it. Re Jackson, 14 N. B. E. 449 ; Lake Sup. Ship Canal E. E. Co., 7 N. B. E. 376, 389 ; Re Northern Iron Co., 14 N. B. E. 359 ; Re Stevens, 4 N. B. E. 367. If creditor's name does not appear in the banki-upt's schedule, it is sufficient. Re MUwain, 12 N_ B. R. 358. Proofs that are postponed must be presented anew. Re Herrman, 4 Ben. 126. Ibid. ; K. S. § 5084. — Any person who, since the second day of March, eighteen hundred and sixty-seven, has accepted any pref- prlfereSraf °* erence, having reasonable cause to believe that the sam& ftShiref *°' ^^® made or given by the debtor, contrary to any provi- El^ons of the act of March two, eighteen hundred and BANKEUPT LAW. 53 5§ B084-50S7.] SurrontJer o£ Preferences— Examination ol Banlcrupt. [Xotos 115-117. sixty-seven, chapter one hundred and seventy-six, to establish a uniform system of bankruptcy, or to any provisions of this title, shall not prove the debt or claim on account of which the preference is made or given, nor shall he receive any dividend therefrom until he shall flrst surrender to the assignee all property, money, benefit, or advantage received by him under such preference. 116. Surrender of Prtferences— Penalty for Faamre.—Be Davidson, 4 Ben. 10. A pre- ferred creditor can not prove his debt until lie liaa surrendered, voluntarily or by compulsion, liis preference. Be Ourrier, 13 N. B. E. 68. A mere repayment to the debtor can not take the place of a suiTcnder to the assignee. Ibid. 116. Wlien Surrender may be Made. — The authorities on this point are conflicting, some maintaining that the surrender may be made at any time before the actual en- try ol judgment in the suit to set aside the preference (Burr v. Hopkins, 13 N. B. E. SU) , and others, that it is too late to make the sun-ender after the creditor has elected to contest the assignee's title to the property preferentially received. Be Lee, 14 N. B. E. 89. The amendments ol 1874 to the foregoing may befonnd in § 6031, which see. It has been held that the amendments aie not retroactive. Re Lee, 11 N. B. E. 89. Section 3021 provides that in cases ol actual fraud on the part of the creditor, he shall not be allowed to prove for more than a moiety of his debt. This must be understood to mean that in such a case, a creditor can do so only when he has fulfilled the require- ments of § 5084, by making a sm-render of the advantage obtained by the preference. Where there is no actual fraud and the requirements of this section are fulfflled, the whole debt may be proven. Re Eiorden, 14 N. B. R. 333; Be Cramer, 13 N. B. K. 225 ; Burr v. Hopkins, 12 N. B. E. 211 ; Be Lee, 14 N. B. E. 89. Payment of the decree in a suit to set aside a preference is not a surrender. Be Tonkin, 4 TS. B. B. 52; Be Eiohter, 1 DiU. 544. Ibid. ; E. S. § 5085. — The court shall allow all debts duly proved, and shall cause a list thereof to be made and certified Allowance ana ■by one of the registers. "=* °' '^*'=- Ibid. § 26; U.S. § 5086.— The court may, on the application of the assignee, or of any creditor, or without any application, at all times require the banlcrupt, upon reasonable oitaSiupt'.™ 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, to his accounts concerning the same, to all debts due to or claimed from him, and to all other matters concern- ing his property and estate and the due settlement thereof according to law. Such examination shall be in writing, and shall be signed by the bankrupt and filed with the other proceedings. 117. Examination of Banlerupt.—X bankrupt who has fully submitted to an examin- ation has a right to be protected against unreasonable demands for further examin- ation ; and where the examination already had Is apparently full, unless it be made to appear that such examination was collusive, or in some matei'ial and specified par- ticulars deficient, an application for further examination may properly be refused. Be Frisbie, 13 N. B. E. 349. Time to examine does not expire with the bankrupt's ap- plication for discharge. Be Solis, 4 Ben. 143. Upon hearing of a motion to expunge a claim, an examination of the bankrupt will not be granted ; he may be summoned 38 a witness. Oanby v. McLear, 13 N. B. E. 22. Ibid. ; K. S. § 5087. — The court may, in like manner, require the at- 54 BANKEUPT LAAV. §§ 6087-5091.] Testimony— Distribution of Bankrupt's Estate. [Note 118. tendance of any other person as a witness, and if such peiied to at- person fails 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 forth- with before the court, or before a register in bankruptcy, for examina- tion as a witness. 118. Mode of Froeuring Testimony — Privilege of Witnesses.— An assignee may be subpoenaed. Ee Smith, li N. B. E. 432. Eegisters in banlsruptcy have " all the pow- ers of the district court for the summoning of witnesses;" consequently may sub- poena witnesses who reside out of the district, in conformity to § 876 of the Eevised Statutes of the United States. iJe Woodward, 12 S. B. E. 297. A commission may is- sue from the banltrupt court and be sent to another state for the taking of testimony. Jie Johnston, 14 N. B. B. S69. The examiuation of a witness by the assignee, under § 26 of the act, is an ex parte proceeding. The assignee is the only party. Conse- quently the witness is not entitled to counsel, nor can a creditor interfere with or be represented by counsel in such a proceeding. He Comstock, 13 N. B. E. 193, and cases cited. Witness need not answer questions tending to degrade him, if not rele- vant to a matter of fact in issue. Me Lewis, 4 Ben. 67. § 5087a. Amendment op 1874. — In all causes and trials arising Bankrupt or Or ordered under this act, the alleged bankrupt, and any tent'witaess" party thereto, shall be a competent witness.i Ibid. ; B. S. § 5088. — ^For good cause shown, the wife of any bankrupt may be required to attend before the court to the end of bankrupt's that She may be examined as a witness; and if she does ^"^' not attend at the time and place specified in the order, the bankrupt shall not be entitled to a discharge unless he proves to the satisfaction of the court that he was unable to procure her attendance.^ Ibid. ; B. S. § 5089. — If the bankrupt is imprisoned, absent, or disa- bled from attendance, the court may order him to be onmpri'sJme™ produced by the jailer, or any officer in whose custody bankrupt.'^ 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. No abatement Ibid. § 12; E. S. § 5090.— If the debtor dies after the upon death of a 7 a debtor. issuing of the warrant, the proceedings may be contin- ued and concluded in like manner as if he had lived. Ibid. § 27 ; K. S. § 5091.— All creditors whose debts are duly proved _,„ „ and allowed shall be entitled to share in the bankrupt's Distribution *■ OF bankhupt's property and estate, pro rata, without any priority or Estate: Ban, J , , ^ „ , , . „, surety, guaian- preiereiice whatever, except as allowed by section fifty- one hundred and one. No debt proved by any pei-son liable, as bail, surety, guarantor, or otherwise, for the bankrupt, shall be paid to the person so proving the same until satisfactoiy evidence shaU be produced of the payment of such debt by such person so liable, (1) Act of June 22, 1874, § 8. (2) Ke WooUord, 4 Bon. 9. BANKRUPT LAW. 00 §§ 5092-5093.] Second and Third Meeting ol Creditors. [Notes in-]20. and the share to which such deht would be entitled may be paid into court, or otherwise held for the benefit of the party entitled thereto, as the court may direct. 119. Preferred Creditors, — A banb having suspended payment advertised that it would receive deposits to be kept separate from tlie old deposits. Subsequently the bank vras adjudged bankrupt. The depositors under the advertisement petitioned to have their deposits first paid out of the lund. The petition was refused, and it was held that they were general creditors only. Be Mut. Bui/iding Society, 15 N. B. K. 44. Where a debtor had given an irrevocable power of attorney to sell stock to an attorney as security for a debt, and after the attorney's death and before the power was executed the debtor became bankrupt, it was held that the power was not revoked, and the creditor for whose security the power was made could bold it against the assignee. Lightner v. First Nat. Bank, 15 N. B. K. 69; s. c. 82 Fenn. 301. Ibid. ; K. S. § 5092. — ^At the expiration of three months from the date of the adjudication of banlsruptcy in any case, or as much earlier as the court may direct, the court, upon re- meeting of quest of the assignee, shall call a general meeting of the Assignee to re- creditors, of wliich due notice shall be given, and the to"decidef as°to assignee shall then report, and exhibit to the court and Smeetodwide to the creditors just and true accounts of all his receipts wien. and payments, verified by liis oath, and he shall also pro- duce and file vouchers for all payments for which vouchers are required by any rule of the court; he shall also submit the schedule of the bank- rupt's creditors and property as amended, duly verified by the banlirupt, and a statement of the whole estate of the banla-upt as then ascertained, of the property recovered and of the property outstanding, specifying the cause of its being outstanding, and showing what debts or claims are yet undetermined, and what sum remains in his hands. The major- ity in value of the creditors present shall determine whether any and what part of the net proceeds of the estate, after deducting and retain- ing 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-halt in value of the creditors attend the meeting, either in person or by at- torney, it shall be the duty of the assignee so to determine. 120. N'o meeting should be called unless there are funds in the hands of the assignee for distribution. Be Son, 1 N. B. E. 310. Ibid. § 28 ; K. S. § 5093. — 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 mo of ckbdit^ be called by the court, and a final dividend then de- dividend: Fur- clared, unless any suit at law or in equity is pending, or *''®' dividends. unless some other estate or effects of the debtor afterward come to the hands of the assignee, in which case the assignee shall, as soon as may be, convert such estate and effiscts into money, and within two months after the same are so converted they shall be divided in manner aforesaid. 56 BANKRUPT LAW. §§ 50i)i-5n99.] Meetings and Dividends— Accounting ot Assignee. [Notes 131-123. Further dividends shall be made in like manner as often as occasion re- quires, and after the third meeting of creditors no further meeting shall be called, unless ordered by the court. 131. W/io may JParttaipate.— So long as there is a fund to distribute, all who have claims will, upon making proof, be permitted to participate in it. Se Maybin, 15 N. B. E.46S. Notice ot Ibid. § 17; E. S. § 5094.— The assignee shall give such Sviden^a.*"* notice to all known creditors, by mail or otherwise, of all meetings, after the first, as may be ordered by the court. „ ,., Ibid. § 23: E. S. § 5095.— Any creditor may act at aU Creditor may .',.,, , , act by attorney. meetings by his duly constituted attorney the same as though personally present. 122. Powers of Attorney need not be acknowledged. Be Powell, 2 N. B. E. 45 ; Re Barnes, 1 Lowell, 560. It would seem that under the general orders in bankruptcy they must be. They may be acknowledged before a notary public. Be Butterfleld> 14 N. B. E. 195. Contra, Re Christley, 10 N. B. E. 268. See Gen. Ord. 34, post. A Good power of attorney must be shown. Be Hill, 1 Ben. 321 ; Be Knrepfel, 1 Ben. 330. Ibid. § 28; E. S. § 5096. — Preparatory to the final dividend, the as- signee shaU submit his account to the court and file the assignee's ac- same, and give notice to the creditors of such filing, and aniination'anf " sliaU also give notice that he vyill apply for a settlement discharge. ^^ j^jg 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 the assignee shall, if required by the court, be examined as to the truth of his ac- count, and if it is found correct he shall thereby be discharged fi'om aU liability as assignee to any creditor of the bankrupt. The court shall thereupon order a dividend of the estate and efifects, 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 debts. Ibid. ; E. S. § 5097. — 'So dividend already declared shall be disturbed by reason of debts being subsequently proved, but the cred- to'bedlstabed? ^^^^ 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. Ibid. ; E. S. § 5098. — If by accident, mistake, or other cause, without „ . , , fault of the assignee, either or both of the second and Omission of j, . -, .. -, assignee to cau third meetings should not be held within the times meetings. i. .j t _li , . „ . limited, the court may, upon motion of an interested party, order such meetings, with like effect as to the validity of the pro- ceedings as if the meeting had been duly held. Ibid. ; E. S. § 5099.— The assignee shall be allowed, and may retain out of money in his hands, all the necessary disbursements ^nf'iompenJ't ^^^^ '^^ "^^ ^^ ^^^ discharge of Ms duty, and a reason- tion of assignee, able compensation for his services, in the discretion of the court. BANKRUPT LAW. 57 |§ 5100-5101.] Allowances ol Assignee— DivldendB— Priorities. [Notes 123-127. 123. Fees— Allowances of Assignee.— As to fees generally, see Jie Dean, IN. B. R. 249 Attorneys lor an assignee in bankruptcy will not be allowed compensation, unless tlio seiTices rendered were absolutely necessary. lie Drake, 14 N. B. E. 160. 124. Allowance for Jtent.— Where an assignee continues to occupy tiie premises leased by tbe bankrupt, be is liable personally for the rent, and the landlord has a lien upon the goods upon the premises, the same as against other tenants. This rent has priority over all the expenses of administration of the estate. A suit triable by a jury may be brought for such liability. Buclmer t. Jewell, 11 N. B. B. 287. See note to § 5071, ante. 125. Discretionary Allowances.— TSio. SO of the General Orders, which permits no other allowance to be made than therein specified, does not prevent the court from exer- cising its discretion in allowing an assignee further compensation. Be Colwell, 15 N. £. B. 92. 126. State Taxation. — The bankrupt's estate in the hands of an assignee is not sub- ject to state taxation. Be Booth, 14 N. li. B. 232. IBTD. ; K. S. § 5100. — In addition to all expenses necessarily incurred ty him in tlie execution of his trust, in any case, the as- signee shall be entitled to an allowance for his services aiio™d'?°^Need in such case on aU moneys received and paid out by him without'flmas. therein, for any sum not exceeding one thousand dol- lars, 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 centum on the excess over five thousand dollars. If, at any time, there is not in his hands a suflScient amount of money to defi'ay the necessary expenses req^uired for the fiuther execution of his trust, he shall not be obliged to proceed therein until the necessary funds are advanced or satisfactorily secured to him. Ibid. ; E. S. § 5101. — ^In the order for a dividend, the following claims shall be entitled to priority, and to be first paid in full in the following order : 1, the fees, costs, and expenses of peiokities; " fiuits, and of the several proceedings in bankruptcy un- Debts ;''wages, der this title,, ana for the custody of property as herein ^*"" provided ; 2, all debts due to the United States, and all taxes and assess- ments under the laws thereof; 3, all debts due to the state in which the proceedings in bankruptcy are pending, and all taxes and assessments made under the laws thereof; 4, wages due to any operative, clerk, or house-servant, to an amount not exceeding fifty dollars, for labor per- formed within six months next preceding the first publication of the no- tice of proceedings in bankruptcy; 5, all debts due to any persons who, by the laws of the United States are, or may be entitled to a priority, in like manner as if the provisions of this title had not been adopted. But nothing contained in this title shall interfere with the assessment and collection of taxes by the authority of the United States or any Btate. 127. Priorities— Attorney's Fees— Services of Expert— Taxes— Costs of Attachment— Sheriff 's i^ee.— Attorneys for a bankrupt who aid him in the preparation of his sched- ules, are general creditors of the estate, either In a voluntary or an Involuntary pro- ceeding. An attorney may obtain compensation before rendering services, or take 58 BANKRUPT LAW. §§ 5102-5103.] Dividends— Priorities— Trustees. [Notes 127-128". security therelor from the bankrupt. Be Gles, 12 N. B. E. 179, and cases cited ; Re Handell, 16 N. B. E. 71. Even though the debtor is insolvent and known to be so by him. Triplett v. Hanley, 1 Dill. 217. An expert who was employed by a bankrupt just prior to bankruptcy to examine and straighten out his books, is a " clerk," and en- titled to priority ol payment to the amount ol fifty dollars. Ex parte Socket, 15 N. B. E. 95. State taxes duly assessed have a priority. Foster v. Inglee, 13 N. B. E. 239. Costs of attachment which has been dissolved may be paid out of the fund in full, unless it can be affirmatively proved that the attachment did not and could not preserve the property for the general creditors. Be Holmes, 14 N. B. £. 493. The sheriff has a lien. Re Houseberger, 2 Ben. 504. 128. Debts dae the United States— Subrogation. — The United States is entitled to pri- ority of payment; it need not prove its debt. U. S. v. Lewis, 13 N. B. E. 33. This priority will be enforced against the separate estate of the members of the firm, as well as the partnership assets. The equity rule, recognized by the bani^rupt law, that individual creditors are to be paid out of the individual assets, and partner- ship creditors out of partnership assets, does not apply. The United States is in no wise bound by the bankrupt act. Lewis v. U. S., 14 N. B. E. 64. If a party pays a duty on an imported article, in order to get it out of the bonded warehouse, he is subrogated to the rights of the United States against the failing sureties. Be Chase^ 14 N. B. E. 139 ; s. c. 14 N. B. E. 157. Ibid. § 27; K. S. § 5102. — Whenever a dividend is ordered, the register , . „ shall, vrtthin ten days after the meeting, prepare a list of Notice of dlv- o 7 or X idend to each 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 estate set apart for dividend, and shall forward, by mall, to every cred- itor a statement of the dividend to which he is entitled, and such cred- itors shall be paid by the assignee in such manner as the court may direct. Ibid. § 43; E. S. § 5103. — If at the first meeting of creditors, or at any meeting of creditors specially called for tliat pur- Pbocebdings pose, and of which previous notice shall have been ment: tbus-' 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 resolve that it is for the interest of the general body of the creditors that the estate of the bankrupt shall be settled by trustees, under the inspection and direction of a commit- tee of the creditors, the creditors may certify and report such resolution to the court, and may nominate one or more trustees to take and hold and distribute the estate, under the direction of such Court to ap- prove. committee. It it appears, after hearing the bankrupt and such creditors as desire to be heard, that the resolu- tion was duly passed, and that the interests of the creditors will be pro- moted thereby, the court shall confirm it ; and upon the execution and filing, by or on behalf of thi-ee-fourths in value of aU creditors to be the creditors whose claims have been proved, of a con- sent that the estate of the bankrupt shall be wound up and settled by trustees, according to the terms of such resolution, the bankrupt, or, if an assignee has been appointed, the assignee, shall. BANKRUPT LAW. 59' S 6103.1 Proceedings in OaBe of Appointment ol Trustees. [Note 129', under the direction of the court, and under oath, convey, transfer, and deliver all the property and estate of the bankrupt to ii_ J. .. , , „ , ■■ i. Conveyances the trustees, who shall, upon such conveyance and trans- to trasteea: fer, have and hold the same in the same manner, and •with the same powers and rights, in aU 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. Such consent and the proceedings under it shall be as binding in all respects on any creditor whose J .... « T., i. 1. \. • J ^T. -x r. Effect oltheee- debt is provable, who has not signed the same, as if he proceedings. had signed it, and on any creditor whose debt, if prova- ble, is not proved, as if he had proved it. The court, by order, shall direct all acts and things needful to be done to carry into Trusteesi: effect such resolution of the creditors, and the trustees Their duttes. shall proceed to wind up and settle the estate under the direction 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 proceedings in bankruptcy; and the trustees shall have „ ^^ • -^^ J X ■ • i. , i Tlieir rights all the rights and powers of assignees m bankruptcy, and powers: The court, on the application of such trustees, shall bS!rapt?wit-* have power to summon and examine, on oath or other- btoS and' ' wise, the bankrupt, or any creditor, or any person in- papers. debted to the estate, or known or suspected of having any of the estate in his possession, or any other person whose examination may be ma- terial or necessary to aid the trustees in the execution of their trust, 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; and the bankrupt shall have the like right to apply for and obtain a discharge after the passage of such resolu- banimipt?* tion and the appointment 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 title. If the resolution is not duly reported, or the con- sent of the creditors is not duly filed, or if, upon its be no'/api"'" filing, the court does not think fit to approve thereof, the '"°™'*' ^*"'' bankruptcy shall proceed as if 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 title. 139. Superseding Proceeding by Arrangement, — Tliis provision lias been invoked in bnt lew cases. The bankruptcy proceedings are superseded by arrangement under this section. Creditors need not prove their claims as in ordinary bankruptcy proceed- ings. £eDarby,4K.B.B. 211,309. Co»«m,.KeBakeweU, IN'.B.E. 619. Anassigne» '60 BANKRUPT LAW. § 5103a.] Composition with Creditors — Proceedings. may be removed, and proceedings had under this section, lie Jones, 2 N. B. E. 59. No meetings are had as provided for hy §§ .'i092, 5093. Be Hinsdale, 12 N. B. E. 480. § 5103a ; Act June 22, 1874, § 17.— In all eases of bankruptcy now- pending, or to be hereafter pending, by or against any withchedit- person, whether an adjudication in bankruptcy shall have been had or not, the creditors of such alleged bank- rupt 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- wise, as the court may direct, resolve that a composition, proposed by the debtor shall be accepted in satisfaction of the debts Number and value of credit- due to them from the debtor. And such resolution -ors consen mg. gYi&U, to be operative, have been passed by a majority in number and three-fourths in value of the creditors of the debtor assem- bled at such meeting either in person or by proxy, and shall be con- firmed by the signatures thereto of the debtor and two-thirds in num- ber and one-half in value of all the creditors of the ors reckoned. debtor. And in Calculating a majority for the purposes of a composition 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 circum- vote. stances admit, be estimated in the same way. And cred- itors 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 pre- vented by sickness or other cause satisfactory to such present or pre- meeting, shall be present at the same, and shall answer sent statement. . . .a j: t.- j x, .j t_ . any enquiries made of him ; and he, or, if he is so pre- vented from being at such meeting, some one in his behalf, shall pro- duce 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 Resolution to ^"^^ debtor as to his assets and debts, shall be presented recoMed™"™^ *° *^® court; and the court shall, upon notice to aU the creditors of the debtor of not less than five days, and upon hearing, enquire 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 concerned, 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 aU reasonable times. The credit- ors may, by resolution passed in the manner and under the oircum- BANKRUPT LAW, 61 §5103a.l Composition with Oreditors— ProcecdingB. stances aforesaid, add to, or vai-y the provisions of, any composition previously accepted by them, witliout pre- position may be Judice to any persons taking interests under such provi- wriedf' ^ sions who do not assent to such addition or variation. And any such additional resolution shall be presented 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 ac- cepted in the fu'st instance. The provisions of a compo- •^ i T t T- , i. • x lu- Binding upon sition accepted by such resolution in pursuance of this what creditors. section shaU be binding on all the creditors whose names and addresses and the amounts of the debts due to whom are shown in the statement of the debtor produced at the meeting at which the reso- lution 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 shaU be ignorant of the p ^ , holder of any such bill of exchange or promissory note, case ot out- he shall be required to state the amount of such bUl or mercia"i^pSpS'. 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 maybe corrected upon reasonable notice, and „ „ ^ . , .. ^ , . ,., Correction of with the consent of a general meeting of his creditors. mistakes. Every such composition shall, subject to priorities de- clared in said act, provide for a pro rata payment or satisfaction, in. money, to the creditors of such debtor in proportion to . , . , , ,, i, . •■ T-^ . Payments to the amount of their unsecured debts, or their debts m be pro rata, etc. 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 Enforcement reasonable notice ; and any disobedience of the order of of provisions of the court made on such motion shaU be deemed to be a "'""i"'^ contempt of court. Kules and regulations of court may be made in re- lation 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 can not, in consequence aside composi- of legal difficulties, or for any sufficient cause, proceed without injustice or undue delay to the creditors or to the debtor, the court may refuse to accept and conli*m 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 '62 BANKRUPT LAW. 5 5103(8.] Composition with Creditors— Decisions. pSTotea 130-138. 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. 130. Constitutionalitf/.—TMe act is constitutional, lie Eeiman, 13 N. B. E. 128. 131. Resolution must Pass— by the requisite vote. Be Spades, 13 N. B. E. 72. When BO passed or rejected, the business oJ the meeting is over. iJeSpillman, 13N. B. E. 214. 132. M%ist he Confirmed.— It must then be confirmed by the requisite TOte, signed by the debtor. Be Spades, sttpra. And the confirmation need not be made at a meeting of -creditors, nor be presented to the register. Be Spillman, supra. But see Be Scott, 15 N. B. B. 73; S. C, 4 Cent. L. J. 29. 133. Tlie Oath required by § 6077 is not required ot creditors voting upon a resolu- tion of compromise. Be Morris, 12 N. B. E. 170. 134. What Creditors Beckoned. — (1.) Creditors whose debts do not exceed fifty dollars .are only to be reckoned in determining the value^ and not the number requisite to both pass and confirm a resolution. Be Spades, supra. See Be Wald, 12 N. B. E. 491. (2.) Creditors who purchase claims against a bankrupt may vote them at a meeting, held for composition purposes to defeat the resolution of compromise, when the ob- ject of the purchase is not for the purpose of oppression or to commit a fraud. Be Morris, 12 N. B. E. 170. (3.) Seawred creditors are not counted. Be Van Auken, 14 N. B. E. 425. They may vote where their debt is in excess of their security. Be Spades, 13 N. B. E. 72. A creditor having personal security is not a secured creditor within 'the meaning of the act. Be Spades, supra. 135. Unliquidated Clarnis. — If a claim is unliquidated or disputed, the court should provide as if the proceedings were in bankruptcy ; that is, by permitting a pending action or suit to be prosecuted to judgment, in order to ascertain the amount, or by ordering an inquiry at the bar of thebankruptcy court into the matter. iJeTrafton, lilSr.B.E. 507. IdQ.— Terms of Besohifion. — A resolution which provides for payment in indorsed notes is valid. Be Hurst, 13 N. B. E. 455 ; Be Beiman, 11 N. B. R. 21. Contra, Be Langdon, 13 N. B. E. 60. In this case stress is laid upon the phraseology of the resolution, which was that the notes were to he payment, and not merely evidences of indebtedness, to be payment when paid. The debtor is not entitled to his discharge unless the amount agreed upon is actually paid. Be Hurst, supra; Be Eeiman, supra. The res- olution must name the indorser of the notes, or provide for a committee to decide upon hia suiBciency. Be Beiman, supra. A resolution for a composition which provides that payment shaU be guaranteed by the giving of a satisfactory bond to a committee of creditors, may he recorded. Be Lewis, 14 N. B. R. 144. A stipula- tion that the debtor retain the assets is surplusage. Se Van Auken, 14 N. B. E. 425. 137. Debtor should be Present— Objection— Mistake or Omission in Statement of Assets.— The debtor should be present at the meeting to enable any creditor who may be dissatisfied with the statement which the debtor produces at the meeting, to in- quire into its accuracy and to obtain a true exhibit of his affairs. Be Holmes, 12 N. B. E. 86. If objection is made, no vote should be taken on the proposition until the examination is completed. Be Holmes, supra; Be Asten, 14 N. B. E. 7 ; Be Morris, 11 N. B. E. 443. Amount due each creditor should be staled; if incorrectly stated by mistake, the composition would not be vitiated. Be Trafton, 14N. B. E. 607. As to omission to state assets correctly, see Be Eeiman, IS N. B. E. 128. Statement if incorrect can only be correotej at a meeting of creditors. Be Asten, supra. 188. Beoording tJie Besolution.— It is in the discretion of the court to relusfe to record a composition if opposed by even a small minority of creditors, when it is made to appear that a settlement in bankruptcy would be more for their interest. Be Weber Furniture Co., 13 N. B. E. 629 ; Be Whipple, 11 N. B. E. 624. An illegal vote does not nullify the proceedings, if its absence would not have changed the result. Me Wal- ehee, 2 Woods, 225. It is error to refuse to record without notice and hearing of the BANKEUPT LAW. 63 <§ 6103a.] Composition with Creditors— Deoiaions. [Notes 13S-1<18. parties concevned. He Weber Furniture Co., 13 N. B. E. 559. It should be recorded, unless tliere is some feature in it. so gross as to excite suspicion of fraud when viewed in conjunction with the statement of the debtor. Ibid. The decision of the majority of the creditors is conclusive as to the amdunt of the compromise being for the best interests of all concerned. Ibid. See He Morris, 11 N. B. E. 443. 139. Minding.— A composition is binding upon all creditors who have provable debts and who have notice. Be Traf ton, 14 N. B. E. 607; Ee Bechet, 12 N. B. E. 201 , S. 0., 2 Woods, 173. 140. Attachments not Dissolved. — A resolution of compromise does not affect at- tacliiug creditors whose attachments are less than four months old, unless an as- signee has been elected and an assignment is made of the bankrupt's eilects. Ee ■Clapp,14N.B. E. 191; iJe Shields, 15 N. B.E.532; s. C, 4 Cent. L. J. 657. Coniro, Mil- ler V. Mackenzie, IS N. B. E. 496 ; Smith v. Eagle, 14 N. B. E. 481. An exhaustive dis- cussion of this whole subject may be found in Ue Scott, 15 N. B. E. 73;s. C.,4 Cent. L. J. 141. Practice under Composition. — See lie Scott, supra. A second meeting for com- position purposes may be held. Be McDowell, 6 Biss. 193. 143. Conclusive on State Courts.— It the jurisdiction of the bankrupt court is shown to have attached, the subsequent proceedings are i^resumed to be regular, and its de- cision, whether correct or otherwise, upon every question properly arising in the case, is binding and conclusive until reversed. Smith v. Eagle, 14 N. B. E. 481. The decision of the district court on any question arising in the course of composition proceedings is conclusive in a collateral action. Ibid. 143. Adjudication and Discharge not Necessary. — The omission of the court in a vol- untary case to adjudicate the debtor a bankrupt does not defeat a composition made before an adjudication is ordered. Be Van Aoken, 14 H. B. E. 435. Nor a discharge; the composition in itself is a discharge. Be Bechet, 12 N. B. E. 201. 144. Sweiy—Co-oUigor.—A composition does not release a co-obligor or surety. Mason Organ Co. v. Bancroft, 4 Cent. L. J. 295. 145. Effect on Secured Creditors. — If a resolution of composition has been duly approved and recorded, it conflnes the secured creditor to his security and dis- charges the debtor from personal liability for the secured debt. Be Lytle, 14 N. B. E. 457. The jurisdiction of the federal court will not be exercised to restrain a creditor from following his liens or security in the state courts, even though such courts have the power. Be Lytle, supra; Be Tooker, 14 N. B. B. 35. 146. Composition procured by Fraud invalid. — If a creditor is induced to vote or to sign a composition by any unfair means, whether known to the debtor or not, his voce operates as a fraud on the other creditors and makes the composition voidable ■by any of them. And if a creditor withdraws his intended opposition, but does not vote for or sign a proposed composition for a consideration, whether known to the debtor or not, the presumption is that it is for the debtors benefit, and an order to record a resolution of compromise under such circumstances will be set aside. Be Sawyer, 14 N. B. E. 241. 147. Corporations.— ThiB act applies to corporations. Be Weber Furniture Co., 13 N. B. E. 529. » 148. In Case o/Part«ersftip».— Where a partnership desires a composition, the cred- itors may make the composition by a general vote and general confirmation, but if any one class of creditors perceives that the other class is about to force upon it an unjust composition, it may demand a separate vote. Be Spades, supra. One mem- ber of a firm which has been adjudged bankrupt may submit a proposition of com- promise to creditors of firm and separate creditors. Fool v. McDonald, 16 N. B. B. 660. 64 THE BANKEUPT LAW. Protection and Discharge of Bankrupts. CHAPTER FIVE. PEOTEOTiOSr AKD DISCHARGE OF BANKRUPTS. SBOiiotr 5104. Bankrupt subject to Orders of Court. 6105. As Amended.— WaiYBi of Suit by Proof of Debt. STOTE 149.— The same Subject. 5106. Creditors not to Prosecute Suitj Stay of Proceedings. Note 150 Stay of Suits. 5107. Exemption from Arrest. Note 151.— Exemption from Ar- rest; Habeas Corpus. 5108. As Amended.— Di Bah a,ige of Bankrupt. Note 152.— The same Subject. 5109. Notice of Application for Dis- charge. BllO What will Prevent or Avoid Discharge. (1. False Oath. Note 153.— raise Oath. (2.) Concealment; Fraud; Neg- ligence; Waste. NOTE 154.— Concealment; Omis- sion. (3.) Fraudulent Attachment,etc. (4.) Falsification of Books. (5.) Eemoval of Property ; Fraud- ulent Payments, Conveyan- ces, etc. Note 155. —Wliat necessary to Show. (6.) G a m i n g Debts ; Fictitious Debts. (7.) Failure to keep Books. Note 156.— Tlie same Subject. 157.— " Tradesman " de- fined. (8.) Purchasing Assent of Cred- itors. Section 6111. 5112. 5112o. 5113. 6114. 5115. 5116. 6117. Note 158. -Purchase of Claim to secure Assent of Creditors. (9.) Fraudulent Assignment^ Preferences. (10.) Misdemeanor. Note 159.— In General. Speciflcation of Grounds of Op- position. Note 160. —Burden of Proof; What Creditors may may file Specifica- tion; Bequisites of. Assets must equal 50 per centum of Debts. The Foregoing applicable to Compulsory Bankrupts; Volun- tary Bankrupts to pay 30 per- centum, etc. ; Repeal. Note 161. -Construction; Statute; Retroactive ; Cons ent to be in Writing; In Partnership Cases. Final Oath of Bankrupt. Note 162 — The same Subject. Discharge and Certificate there- of. Form of the Certificate. Second Bankruptcy ; Discharge. Note 163.— Second Bankruptcy. Certain Debts not released. Note 164. — PlduciaryDebts ; Con- version ; Fraud. 5118. Liability of other Persons not Eeleased. 5119. EiFect of Discharge; How Plead- ed; Certificate of same is Evi- dence. BANKRUPT LAW. 65 §§5104-5106.J Protection and Discharge of BarkruptB. [Note U9. NOTBies Application lor Dls- cliarge. 166.— What Debts Dis- charged. (1) Debts omitted irom Sched ule. (2) Security Debts. 167.— What Debts not Dis- charged. (1) Debts due TJnited States. (2) Security Debts. (3) Lien Debts. 168.— Plea ot Discharge. 169 In Maine. Application to annul Discliarge ; Proceedings thereunder. Note 170.— This Remedy Exclu- sive. 171.-"Witliln two years." Oeiginai, Act of 1867, § 27; E. S. § 5104.— The bankrupt shall at all times, until his discharge, be subiect to the order oi: ^- ^ T . n ^ , ... Banlcnipt anb- the court, and shall, at the expense oi the estate, exe- ject to orders of cute all proper writings and instruments, and do 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. For neglect or refusal to obey any order of the court, the bankrupt may be comniitted and punished as for a contempt of court. If the bankrupt is without the district, and una- ble to return and personally attend at any of the times or do any of the acts which may be required pursuant to this section, and if it appears that such absence was not caused by willful 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. Ibid. § 21 ; K. S. § 5105, as Amended. — STo creditor proving his debt or claim shall be allowed to maintain any suit at law or TA^fllvpr of fillip in equity therefor against the bankrupt, but shall be by proof of deemed to have waived all right of action against him; and all proceedings already commenced or unsatisfied judgments al- ready obtained thereon against the bankrupt shall be deemed to be dis- charged and surrendered 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.]! 149. WMcer of Bight to Sue by Proving Debt.—TTa\a does not apply to debts not dis- ehargable by the act. Re Migel, 2 N. B. R. 481 ; Re Eobinson, 6 Blatoh. 253. The mere proof of debt in banlimptcy does not discharge the debt so as to prevent the creditor from suing upon it, but it is the bankrupt's discharge which bars the action. Miller v. O'kain, 14N. B. E. 145 ; Dingee v. Becker, 9 N. B. E. 608. A judgment fin- a debt created by fraud is not within the purview of this provision. iJe Eobinson, 6 Blatoh. 253 ; Re Wright, 2 Ben. 609. Ibid. • K. S. § 5106.— No creditor whose debt is provable shall be al- lowed 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 appli- (1) So amended by Act of June 22, 1874, § 7. Erosecute suit; tay of proceed- ings. 66 BANKKUPT LAW. §§5106-5108.] Stay of Suits— Exempt from Arrest— Habeas Corpus. [Notes 150-151. oation of the bankrupt be stayed to await the determination of the court in bankruptcy on tlie question of the discharge, provided there is no unreasonable delay on the part of the bankrupt in endeavoring to ob- tain his discharge, and provided, also, that if the amount due the cred- itor is in dispute, the suit, by leave of the court in bankruptcy, may proceed to judgment for the purpose of ascertaining the amount due, virhich amount may be proved in bankruptcy, but execution shall be stayed. 150. stay of SMJis.— Bankrupt court may stay suits, but cannot try the Issnes of a. suit pending in the state courts. Sampson t. Burton, 4 N. B. E. 1. An adjudica- tion must be had on the bankruptcy petition. Maxwell v. Faxton, 4 N. B. E. 210. A proceeding on the application of a bankrupt to revive a judgment so that it may operate as a lien, (which waa not a lien) recovered before bankruptcy, may be stayed. Bratton v. Anderson, 14 N. B. E. 99. For a full discussion of this whole subject see Bratton v. Anderson, supra. No decision indicates how a discharge is properly brought to the attention of the appellate court. On this subject see Flanagan v. Pearson, 14 ST. B. K. 37; Haggerton v. Morrison, 69 Mo. 324; Todd v. Barton, 13 N. B. E. 197. The debt need only be provable; whether discharged by a discharge- or not, it will be stayed. Be Migel, 2 N. B. E. 481 ; Me Eosenberg, 3 Ben. 14. See Re Seymour, 1 Ben. 348. In the absence of any suggestion of bankruptcy, a judgment against a bankrupt is not a nullity. Flanagan v. Pearson, 14 N. B.E. 37. It would seem that such is the case in attachment suits sued out even within four months prior to the oorameucement of bankruptcy proceedings. Haber v. Olayburg, 4 Cent, L. J. In attachment suits sued out more than four months prior to bankruptcy pro- ceedings being begun, plaintift may have special judgment against property attached. See § 5044, note, oMe. In case of bankrupt corporations, creditors are not restrained from prosecuting suits to charge stockholders. Munson v. Boston E. E., 14 N. B. E. 173; Chamberlain V. Manuf. Co., 118 Mass. 532; Lamp Co. v. Brass Co., 13 N. B. E. 385_ The right to grant writs of injunction to stay proceedings in state courts is only given to federal courts in proceedings in bankruptcy. See act of March 2, 1793, k. 22, 5 5; Eev. Stat. U. S. § 720. The court in which the bankruptcy proceedings are pend- ing is the court to grant the injunction. lie Eichardson, 2Ben. 517. State courts will £tay suits, on aihdavlt of defendant setting up that proceedings in bankruptcy are pending against him, and that the time for applying for a discharge has not arrived. Frostmau v. Hicks, 15 N. B. E. 41. Judgments of state courts appealed from are not fln.al judgments, and their prosecution will be stayed. Be Metcalf, 2 Ben. 78; Be Leszynsky, 3 Ben. 487. Ibid. § 26; K. S. § 5107.— No bankrupt shall be liable during the Exemption pcudency of the proceedings in bankruptcy to arrest in from arrest. any oivil action, unless the same is founded on some debt or claim from vrhich his discharge in bankruptcy would not re- lease him. 151. Exemption from Arrest— Habeas Corpus.— Be Devoe, 2 N. B. E. 27. During pendency of bankruptcy proceedings an arrest made prior thereto will not bo dis- turbed. Miuon V. VanNostrand, 4^. B. E. 108. As to power of court on writ of habeas corpus to inquire whether the debt for which the arrest is made is discharge- able, see Be Valk, 3 Ben. 431. Ibid. §29; R. S. § 5108, as Amended.— At any time after the expira- tion of six months from the adjudication of bankruptcy, BaSot™ °^ or if no debts have been proved against the bankrupt, or if no assets have come to the hands of the assignee, at BANKRUPT LAW. 67 ■§§ 6408-5110.] Notice ot Application of Disoliarge— False Oath. INotea 152-154. any time after the expiration of sixty days, and [before the final disposi- tion of the cause,]i the banlsrupt may apply to the comt for a discharge from his debts. 153. Discharge of Sankrupi.—XJnder the law as It stood prior to the amendment of July 36, 1876, bankrupts had to apply for their discharge within one year fi-om date of adjudication, where no assets had come to the hands ot the assignee or no debts had been proved against the estate. Be Sloan, 12N. B. R. 69; JJeHolmes , 14N. B. E. 209. Inability to obtain the assent ot the requisite number under § 5112 is no excuse tor failure to apply for a discharge within the time required by the act. Be Lowenstein, 13 N. B. E. 479. The amendment ot 1876 constnied in Be Brightman, 16 N. B. E. 313. Ibid. § 29; E. S. § 5109. — Upon application for a discharge being made the court shall order notice to be given by mail to all creditors who have proved their debts, and by piibli- plication for cation 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 appear on a day appointed for that purpose, and show cause why a discharge should not be granted to the bankrupt. Ibid. ; R. S. § .5110.— No discharge shall be granted, or, if granted, ehall be valid, in any of the following cases : 1. If the bankrupt has wUlfuUy sworn falsely in his vent or a^oi§'^" affidavit, annexed to his petition, schedule, or inventory, Mse*oath. or upon any examination in the course of the proceedings in bank- ruptcy, in relation to any material fact. 153. False Oath.— The specifloations must allege that the bankrupt v^^uUy swore falsely. Be Beardsley, 1 N. B. B. 304; Be Keeter, 4 N. B. E, 389; Be Smith, 6 N. B. E. 20. Omitting to name creditor in schedule is not fraudulent, if done with such creditor's assent. Be Needham, 2 N. B. E. 387. 2. If the bankrupt has concealed any part of his estate or effects, or any books or writings relating thereto, or has been guilty .„-. 1. .^T i-, . Concealment : of any fraud or negligence m the care, custody, or de- Praad: Negii- livery to the assignee of the property belonging to him *®'^'=«= Waste, at the time of the presentation of his petition and inventory, excepting such property as he is permitted to retain under the provisions of this title, or if he has caused, permitted, or suffered any loss, waste, or de- struction thereof. 154. Concealment— Omission.—Speoiflca,tions must allege what property was omitted or concealed. JJe Beardsley, sa^jra; iJeHUl, 1 N. B. E. 16,275,431; /Je Eathborne, 1 N. B. E. 294, 334, 5.36. Concealment includes tiile to property as well as property it- self. Be Hussman, 2 N. B. E. 437; Me O'Bannon, 2 N. B. E. 15; Be Beal, 2 N. B. E. 687 ; Be Eainsford, 5 N. B. E. 381. It must be &/raudulent omission. Be Smith, 13 N. B. E. 256. 3. If, within four months before the commencement of such proceed- ings, the bankrupt has procured his lands, goods, money, or chattels to be attached, sequestered, or seized on ex- attactaient°etc. ecution.2 (1) So amended by Act of July 26, 1876. (2) Re Beldm, 2 N. B. R. 42. 68 BANKRUPT LAW. § 5110.1 What wiU Prevent or Avoid Discbarge. " [Notes 155-168. 4. If, at any time after the second day of March, eighteen hundred and sixty-seven, the bankrupt has destroyed, mutilated, books. altered, or falsified any of his hooks, documents, pa- pers, 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 creditors ; or has removed or caused to be removed any part of his property from the district, with intent to defraud his creditors. 5. If the bankrupt has given any fraudulent preference contrary to the provisions of the act of March two, eighteen hundred proyierty: and sixty-seven, to establish a uniform system of buiik- iliente^'convey- ruptcy, or to the provisions of this title, or has made any (Jamiiir'i'icti- fraudulent payment, gift, transfer, conveyance, or assign- tious Debt. ment of any part of his property, or has lost any part there- of in gaming, or has admitted a false or fictitious debt against his estate. 155. What necessary to Show.— This provision is general in its terms, and under it is sufficient to show a preference under any ol the provisions of the act. The provi- sion in the ninth subdivision of this section is specific, and the proofs must bring the case clearly within its terms, and the preference must be shown to have been made "in contemplation of becoming bankrupt." Be Warner, 5 N. B. E. 414, and cases there cited ; Be Cretiew, 5 N. B. R. 433 ; Me Jones, 13 N. B. E. 286. 6. If the bankrupt, having knowledge that any person Debtsl*'""^ has proved such false or fictitious debt, has not disclosed the same to his assignee within one month after such Iciiowledge. 7. If the bankrupt, being a merchant or tradesman, has not, at all Failure to times after the second day of March, eighteen hundred keep books. and sixty-seven, kept proper books of account. 156. Omission to Keep Proper Books of Accownt. — " Proper books of account," what are, is a question oi fact, depending upon the nature of and amount of the bankrupt's business. Be Reed, 12 N. B. E. 390. Omission to keep a stock or invoice book is fatal, lie White, 2 N, B. E. 590. Or cash book. Be Gay, 2 N. B. E. 358; Be Mackay, 4 N. B. E. 66. The omission need not be fraudulent. Be Solomon, 2 N. B. E. 285 ; Be Newman, 2 N. B. E.303. 157. — " Tradesman " means shoplceeper. Be Cote, 14 N. B. E. 503. Who is such, see Be Oocks, 3 Ben. 260; Be O'Bannon, 3 N. B. E. 16; Be Tyler, 4 N. B. E. 104. 8. If the bankrupt, or any person in his behalf, has procured the as- sent of any creditor to the discharge, or influenced the assent" 'ol cred- action of any creditor at any stage of the proceedings, "'"^°' by any pecuniary consideration or obligation. 158. Purchase of Claim to Secure Bequisite Number of Creditors. — Where the as- sent ol creditors is required, a, discharge will be refused, if a claim has been pur- chased on behalf of the bankrupt, for the purpose ol getting the requisite number o' creditors to assent; and a rebuttable presumption will arise that such is the pui'pose where a claim is purchased. Be Whitney, 14 N. B. E. 1. And it is immaterial whether the assent purchased was necessary or not to make the requisite proportion. Be Pal- mer, 14 N. B. E. 437. 9. If the bankrupt has, in contemplation of becoming bankrupt, made BANKRUPT LAW. 69 S§ 5110-5112«.] Discharge— Specifloations— Per centum of Assets. [Notes 159-160. Fraudulent iiny pledge, payment, transfer, assignment, or convey- ance of any part of his property, directly or indirectly, assignment:' 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 in satisfaction of his dehts.i 10. If the bankrupt has been convicted of any misde- Misdemeanor. meanor under this title. 159. In General.— K banlirupt must have complied with all the requirements of the act before he can demand a discharge, and if it appear in the regular course of pro- ceedings that an applicant for a discharge has failed in any particular to perform his duty as a hankmipt, the discharge must be refused. Be Palmer, 14 N. B. E. 437. Ibid. § 31; B. S. § 5111. — Any creditor opposing the discharge of any bankrupt may file a specification in writing of the , , , . .,. , ,, ^ r .^ ,. Speoiflcatlon grounds of his opposition, and the court may, in its dis- oj grounds oi cretion, order any question of fact so presented to he °pp°^ tried at a stated session of the district court. 160. Burdenof Proof— Spedflcations— What Creditorsmay file— GeneraWy. — The burden of proof is on the opposing creditor in support of his specifications. Creditors who wish to oppose discharge rfiust appear at the return day. Be Smith, 5 N. B. R. 20. But see i?e Levin, 14 N. B. E. 385. Specifications in opposition to a banl^rupt's dis- charge must be as precise as those of an indictment. Be Butterlield, 14 ST. B. E. 147. And if not filed in accordance with the law they will 'be disregarded. Be Buxbaum, 13 N. B. R. 478. Creditors who have not proved their debts can oppose discharge of bankrupt, but they must show that they are hona fide creditors. Be Bontelle, 2 N. B. E. 129. Act op July 27, 1868, § 1; E. S. § 5112.— In all proceedings in banlsruptcy commenced after the first day of January, 1869, no discharge shall be granted to a debtor whose fifty per cent, 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 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, is filed In the case at or before the time of the hearing of the application for discharge; but this provi- sion shall not apply to those debts from which the bankrupt seeks a dis- charge which were contracted prior to the first day of January, 1869.2 § 5112 a ; Amendment of 1874. — That in cases of compulsory or in- voluntary bankruptcy, the provisions of said act,, and any ..J 1 iii_i "he foregoing amendment thereof, or of any supplement thereto, re- not applicable quiring the payment of any proportion of the debts of taimipte"'^'"^ the bankrupt, or the assent of any portion of his credi- tors, as a condition of his discharge from his debts, shall not apply; but he may, if otherwise entitled thereto, be discharged by the comt in the (1) See note 156, supra. <2) This last clause was taken from the Act of July 14,1870, § 1. BANKRUPT LAW. §§ 5112-5115.] Discharge— Assent ot Creditors— Final Oath, etc. [Notes 161-162. same manner and with the same effect as if he had paid such per centum of his debts, or as if the required proportion of his credi- bankruptsto tors had assented thereto. And in cases of voluntary- cent. , eto.'" 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 a& principal debtor, without the assent of at least one-fourth of his creditors in number, and one-third in value ; and the provision in section thirty-three of said act of March second, eigh- teen hundred and sixty-seven, requiring fifty per centum of such as- sets, is hereby repealed, i 161. Cmistnielion— statute Retroactive— Assent in Writing— Partnership. — This provi- sion relates to all cases whether commenced before its passage or after. Re Lowen- stein, 13N.B. R. 480; s. C, 3 Dill. 145; i!e King, ION. B. E. 666: iJe Griffiths, ION. B.R. 456; Re Perkins, 10 N. B. R. 629; iJe Jones, 12 N. B. E. 48. Contra, Re Francke, 10 N. B. E. 438; iJe Sheldon, 12N. B.E. 63. The act of June 22, 1874, does not repeal the first section of the act of 1870 or the last clause of section 5112. Be Sheldon, 12N. B. E. 63. Where a judgment is obtained after January 1, 1889, upon a debt contracted prior to that time, it is not proper to hold that the debt was contracted after January 1, 1869. The assent required by this act must be in writing. Re Derby, 12 N. B. R. 241. Where a firm is declared bankrupt, upon the petition of one of the partners, the denial of his co-partner that he is such co-partner, and his resistance to the proceed- ings upon that ground, does not make the case an involuntaiy one as to him, and to ob- tain his discharge he must comply with the provisions of the act in regard to volun- tary bankrupts. Re Wilson, 13 N. B. K. 253. Original Act of 1867, § 29; E. S. § 5113.— Before any discharge is granted, the bankrupt must take and subscribe an oath to bautap?.**'' °' ^^^ ^^'^°^ *^^* ^® ^^ ^'^^ <^°"®' suffered, or been privy to any act, matter or thing specified as a ground for withholding such discharge, or as invalidating such discharge if granted. 162. Final Oath. — Oath must be taken ; if bankrupt dies before taking oath no discharge can be granted. Re Gunike, 4 N. B. R. 92 ; Re O'Farrell, 3 Ben. 191. Where specifications in opposition to discharge are filed and then withdrawn, the bankrupt must'take the oath after the withdrawal. Re Machad, 2 N. B. E. 352. Ibid. § 32; K. S. § 5114.— If it shall appear to the court that the bank- Discharge and "^P*has in aU things conformed to his duty under this certiflcate title, and that he is entitled, under the provisions there- thcreof. . . . j. , ,, . , ,, of, 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.2 Form of the IBID. K. S. § 5115.— The Certificate of a discharge in certificate. bantouptcy shall be in substance in the following form : District court of the United States, district of Whereas has been duly adjudged a bankrupt under the Eevised Statutes of the United States, title "Bankruptcy," and ap- pears to have conformed to aU the requirements of law in that behalf it is therefore ordered by the court that said be forever (1) So amended by Act of June 22, 1874, § 9. (2) Ee Palmer, 14 N. B . K. 437 ; Ee Bunster, 6 N. B. E. 82. BANKRUPT LAW. 71 5§ 5115-6118.] Discharge— Second Bankraptoy— Debts not Keleased. [Notes 163-164. discharged from all debts and claims -which by said title are made prov- able 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 law 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 , (Seal.) , Judge. Ibid. § 30; E. S. § 5116.— No person who has been discharged, and afterward becomes bankrupt on his own application, „ , , . . , , ,. , , . . Secoud bank- shaU be agam entitled to a discharge whose estate is in- mptcy ; dis- suflftcient 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 bankinipt who proves to the satisfaction of the court that he has paid aU the debts owing by him at the time of any pre-vious bankruptcy, or who has been voluntarily released there- fi'om by his creditors, shaU be entitled to a discharge in the same man- ner and with the same efiect as if he had not pre-viously been bankrupt. 16S. Second Bankruptcy/. — A parly who has contracted new debts since his first banlirnptcy may flie a second petition, although not yet discharged under the first. Semble, that the creditors under the first petition are not affl-ected by the second. Ee Drisco, 14 ST. B. E. 651 ; s. c, 13 N. B. E. 112. Ibid. § 33; K. S. § 5117.— No debt created by the fraud or embezzle- ment of the banki-upt, or by his defalcation as a public certain debts ofiicer, or while acting in any fiduciary character, shall not released, be discharged by proceedings in bankruptcy; but the debt may be proved, and the dividend thereon shall be a payment on account of such debt. 164. Fiduciary Debts— Conversion— Fraud,— It goods were consigned to the bankrupt to sell on commission and he failed to account for the proceeds, this is a fiduciary debt and wUl not be released by a discharge. Meador v. Sharpe, 14 N. B. R. 492; S. C, 54 Geo. 125; Jones v. Russell, 44 Geo. 460; Treadwell v. HoUoway, 12 N. B. R. 61; 8. C, 46 Oal. 547. Contra, Woolsey t. Cade, 15 N. B. R. 238; 8. C, 4 Cent. L. J. 202; Owsley v. Cobin, 15 N. B. R. 489. A conversion by an attorney of money be- longing to his client is a debt created while acting in a fiduciary capacity; Flanagan V. Pearson, 14 N. B. R. 37. The claim is provable but not discharged, and the claimant may sue on it after the question of discharge is determined. Stokes v. Mason, 12 N. B. E. 498 ; 8. c, 10 R.'1. 361. A conditional vendor does not lose his claim for a con- version of the property by proving his debt, nor is such claim barred by a discharge. Johnson v. Worden, 13N. B. R. 336; 8. C, 47 Vt. 467. A judgment obtained in an ac- tion the gravamen of which was fraud, is not released by a discharge. -Warner v. Cronkhite, 13 N. B. E. 62 ; 8. c, 6 Biss. 453, and cases cited. The word " debt " used in the bankrupt act is synonymous with clamn. Stokes v. Mason, 12 K. B. E. 498 ; 8. c, 10 R. I. 261. Ibid.; K. S. § 5118. — No discharge shall release, discharge, or affect any person liable for the same debt for or with the bank- Liability of rupt, either as partner, joint-conti-actor, indorser, surety, no'tTehfaslT or otherwise. 72 BANKRUPT LAW, § 5119.] Effect of Discharge and how Pleaded, etc. [Notes 165-169. Ibid. § 34 ; K. S. § 5119.— A discharge in bankruptcy duly granted shall, subject to the limitations imposed by the two preceding charge: How sections, release the bankrupt from all debts, claims, Scate'e^videncer liabilities, and demands which were or might have been proved against his estate in bankruptcy. It may be pleaded by a simple averment that on the day of its date such discharge was granted to the bankrupt, setting a full copy of the same forth in its terms as a full and complete bar to all suits brought on any such debts, claims, liabilities, or demands. The certificate shall be conclusive evidence in favor of such bankrupt of the fact and the regularity of such discharge. 165. Application for Discharge. — Section 6109 governs notices of application for dis- charge, and not tliis section. Fattison v. Wilbur, 12 N. B. E. 193. 166. What Debts Discharged— (,1.) Debts Omitted from Schedule. — ^A debt is barred though omitted from the schedule, if with no fraudulent intention on the part of the bankrupt, and although the creditor has received no notice of the pendency of the proceedings. Lamb v. Brown, 12 N. B. E. 522 ; Piatt v. Parker, 13 N. B. E. 14 ; Payne V. Able, 4 N. B. E. 220 ; Stevens v. Bank, 101 Mass. 109 ; Thurman v. Andrews, 13 N. B. E. 157. Or of the application tor a discharge. Lamb v. Brown, supra; Williams v. Butcher, 12N. B. E. 143; Pattison v. WUbur, 12 N. B. E. 193; S. C, 10 E. I. 418; Thur- man V. Andrews, supra. If the omission was fraudulent, the proper course is to have the discharge set aside. Thurman v. Andrews, tupra; Lamb v. Brown, supra; Hum- ble V. Carson, 6 }<(. B. E. 84. (2.) Security Debts.— The security on an appeal bond is discharged where the principal has been discharged in bankruptcy subsequent to the appeal. Odell v. Wootten, 4 K. B. E. 183; s. c. 38 Ga. 224. Contra, IVIerritt v. Glidden, 39 Cal. 559; Knapp V. Anderson, 15 N. B. E. 316. A promise to pay a debt made after adjudi- cation need not be in writing, and the amount of the debt may be recovered. Henley v. Lanier, 15 N. B. E. 280; Praley v. Kelly, 67 N. 0. 78. Where a holder of an indorsed note consents to the discharge in bankruptcy of the maker, he discharges the indorser, although the claim against the indorser is merged in a judgment, Jie McDonald, 14 N. B. E. 477. 167. What Debts not Discharged.— CI.) Debts due the United States— XJmi&i States v. Eob Eoy, 13 N. B. E. 35; United States v. Herron, 20 Wall. 251. (2.) Security Debts.— A discharge does not release a bankrupt from his liability as a surety on an injunction bond, when the injunction proceedings are not determined until after the granting thereof. Eastman v. Hibbard, 13 N. B. E. 3 0. (3.) iiere Z)e6*s.— A judgment creditor may pursue realty upon which he has lien, and which was sold by the debtor before proceedings in bankruptcy were com menced. Winship v. Phillips, 14 N. B.E. 50; S. 0., 52 Ga. 593; Phillips v. Bowdoin, 14 N. B. E. 43 ; s. c, 52 Ga. 645. But see Blum v. Ellis, 13 N. B. E. 345 ; s. C, 73 N. C. 293. 168. Plea of Discharge.-A discharge should bo pleaded; it can not be set up after judgment as a reason why the judgment should not be enforceB. Goodrich v. Hun- ton, 2 Woods, 137. A plea of discharge which does not set out a copy of the dis- chaige and aver what court adjudged the defendant to be a bankrupt, is bad. Stoll V. Wilson, 14 N. B. E. 671; s. c, 38 N. J. (Law) 198. Aplea of ^discharge maybe amended. Ibid. It is not sufficient for a plea in bar to aver that since the com- mencement of suit the defendant has been adjudged bankrupt and plaintiff has proven his claim. Brandon Mfg. Co. v. Prazer, 13 N. B. E. 362; s. C, 47 Vt. 88. Con- tra, Bennet v. Goldthaite, 109 Mass. 494. 169. Maine.— A petition for review will be granted a bankrupt against whom a judg- ment h.is been obtained by default, on account of the mistake of his counsel, in or- der that he may plead his discharge. ShurUeff v. Thompson, 12 N. B. B 624 '■ s c 63 Me. 118. ' ■ ■' BANKRUPT LAW. 73 f 6120.] Proceedings to Annul DiBCbarge. [Notes l"0-171o. Ibid. ; E. S. § 5120.— Any creditor of a bankrupt, whose debt was proved or provable against the estate in banln-uptcy, who desires to c'ontest the validity of the discharge on the annul dis- 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 annul the same. The application shall be in writing, and shall specify which, in particular, of the several acts mentioned in sec- tion 6110, it is Intended to prove against the bankrupt, and set forth the grounds of avoidance; and no evidence shall be admitted as to any other of such acts; but the application shall be subject to amendment at the discretion of the court. The court shall cause reasonable notice of the application to be given to the bankrupt, and order him to appear and answer the same, within such time as thereunder. to the court shall seem proper. If, upon the hearing of the parties, the court finds that the fraudulent acts, or any of them, set forth by the creditor against the bankrupt, are proved, and that the ■creditor had no knowledge of the same until after the granting of the discharge, judgment shall be given in favor of the creditor, and the dis- charge of the bankrupt shall be annulled. But if the court finds that the fraudulent acts and all of them so set forth are not proved, or that they were known to the creditor before the granting of the dis- charge, judgment shaU be rendered in favor of the bankrupt, and the validity of his discharge shall not be afifected by the proceedings. 170. This Bemedy Exclude. — This remedy is exclusive ot any otlier mode ot im- peaching the validity of a discharge, either in the federal or state courts. Black v. Blazo, 13N. B. K. 195; 8. 0., 117 Mass. 17; May v. Howe, 1 N. B. E. 677; s. o., 108 Mass. 602; Burper T. Sparhawk, i. N. B. K. 685; 8. C, 108 Mass. Ill; Smith v. Eamsey, 27 Ohio St. Com. 339 ; Bay v. liapham, 27 Ohio St. Com. 452 ; Seymour y. Street, 5 Neb. 85. 171. " WUhin Two reors."— Suit must be brought within two years, even though the ground for setting aside the discbarge did not become known for a long period after that time. Pickett v. McGavick, 14 N. B. E. 236; Alton v. Eobinett, 9N. B. E. 74; Way V. Howe, supra. Contra, Perkins v. Gay, 3 N. B. E. 772. 171o. Newly discovered evidence. — To set aside a discharge, a creditor can not rely upon testimony known to him at the time the discharge was granted. Be Marion- neaux, 13 N. B. E. 222. 74 BANKRUPT LAW, § 5121.] Proceedings Peculiar to Partnersliips asd Corporations. CHAPTEE SIX. PEOCBEDINGS PECUIIAE TO PAETNEKSHEPS AKD COEPOK- ATIONS. SBcnoir S121. Bankruptcy of Partnerships; Joint and Separate Estate to be Taken: Assignee to keep Ac- counts separate: Estate, how Distributed: Discharge: Juris- diction where Partners reside in Different Districts. NOTB172.— In General. 173.— In VoluntaiT Cases. 174.— In Involuntary Cases. 175.— Distribution. 176.— E xemption from Partnership Debts. 177.— Discbarge. 178.— In Case of Several Petitions. Section bl22. Bankruptcy of Corporations and Joint Stock Companies. Note 179 — Adjudication. ISO.- Not discharged. 181.— Railroad Companies. 182 — Vote of Stockholders necessary. 183.— Number and Value of Creditors. 6123. Authority of State Courts in. Proceedings against Corpora- tions, etc. B1330. Union Pacific Eailroad Com- pany. Obiginal Act of 1867, § 36; K. S. § 5121.— Where two or more per- sons who are partners in trade are adiudged bankrunt. OF PAKTN35B- Bithcr ou the petition of such partners or of any one of and separate ee- them, Or On the petition of any creditor of the partners, tatetobetaken. a warrant shall issue, in the manner provided by this title, 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. All the cred- itors of the company, and the separate creditors of each partner, may prove their respective debts. The assignee shall be chosen by the cred- itors of the company. He shall 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 the assignee the whole of the expenses and disbursements, the net proceeds of the joint stock shall be appropriated to pay the creditors of the copartnership. Assignee to keep account separate. BANKRUPT LAW. 75 § 6121.] Bankruptcy ol Partnerships— Proceedingfl— Distribution. [Notes 172-175. and the net proceeds of the separate estate of each partner shall be ap- propriated to pay his separate creditors. If there is any j- 1 te- h balance of the separate estate of any partner, after the Distributed, payment of his separate debts, such balance shall be added to the joint stock for the pajrment of the joint creditors; and if there is any balance of the joint stock after payment of the joint debts, such balance shall be appropriated to and divided among the sep- arate 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 appropri- ated to the separate estate of each partner shall be applied to the pay- ment of his separate debts. The certificate of discharge „, ^ Discuarge. shaU be granted or refused to each partner as the same would or ought to be if the proceedings had been against him alone. In all other respects the proceedinss against partners shall , - , J . ,, f., -J! 4.C^ T, J T. Jurisdiction be conducted in the like manner as if they had been where pai-tners commenced and prosecuted against one person alone. ent aistrict^'"^" If such copartners reside in different districts, that court in which the petition is first filed shall retain exclusive jurisdic- tion over the case. 172. In ffencroJ.— ThiB section contemplates that persons who are copartners may be adjudicated bankrupts on three kinds of petitions : 1. The petition of all the copartners; 2. The petition of one of the co-partners; 3. The petition of creditors of the copartners. Re Penn, 5 N. B. E. 30. See gener^ order XVTII. 173. In Voluntary Oases.— An adjudication in bankruptcy can not be made on one petition filed on behalf of two distinct firms, unless each partner is partner of both firms. Be VTallace, 12 N. B. R. 191. 174. In Involuntary Coses.- In such a petition all the members of the fli-m must be proceeded against. Be Pitt, 14 If. B. E. 69. A defect of parties can not be amended. Ibid. See Be Stevens, 5 N. B. E. 112. After the dissolution of a co-part- nership, one partner can not petition for adjudication of the firm, unless the insol- vency of the retiring partner is clearly shown. Re Bennett, 12 N. B. R. 181. Bank- ruptcy of one partner ipio facto dissolves the co-partnership. WUkins v. Davis, 15 N. B, E. 60. As to bankruptcy of a firm composed of general and special partners, see Wilkins v. Davis, mipra. An order to show cause, upon a petition in bankruptcy against a partnership, may be refused, where it appears on the face of the petition that the estate of the co-partnership is then in actual course of administration, by the probate court, under provisions of the state statute iu respect to winding up partnership estates where one of the partners is deceased. Be Sectional Dock Co., 3 Dill. 83. 175. DistribuMon.—Virm creditors can not share in the individual estate until the individual creditors are paid in full, where there a/re firm assets. Be Smith, 13 N. B. E. 500; Re Morse, 13 N. B. E. 376; Re MoEwen, 12 N. B. E. 11; s. C, 6 Biss. 294; Be Mc- Lean, 15 N. B. R. 333. If the firm assets are expended in the payment of costs, then the firm and individual creditors are to be paid paH passu out of the separate estate of each partner. Re McEwen, supra; Be Knight, 8 N. B. R. 436. Where there are firm and individual assets, each estate must pay its proportion of the expense of ad- ministration of the estate. Re Smith, supra. If partners file separate petitions, firm creditors are postponed to separate creditors, whether there are joint assets or not. Re Morse, supra. If a debtor is n. member of two firms, one of which be- comes bankrupt, the creditors of the firm which are not bankrupt are only entitled to 7 6 BANKRUPT LAW. f 5r22.] Bankruptcy of Corporations, etc. [Notes 175-178. dividends out of tlie surplus of the debtor's individual assets with the creditor of the other firm. Re Dunkerson, 12 N. B. E. 391. The rule as to distribution of the assets of a firm, where one partner only is bankrupt, does not apply. He Pease, 13 N. B. R. 168. Where partners dissolve and transfer all their separate estate to ene of the firm who assumes all the debts, and the firm is adjudged bankrupt, Arm creditors and individual creditors shai'e pari passu in the estate, lie Collier, 12 N. B. E. 266. The rule which obtains in England requiring creditors, both of the joint and separate estate in bankruptcy, to elect which fund they will pursue, does not obtain here. He Foot, 12 N. B. E. 337. Where-firm creditors have received payment, of their claims after bankruptcy out of the individual estate of one of the firm which they held as security, the individual creditors of such partner are entitled to share in the dividends of the partnership assets on a sum equal to that received by the joint creditors from the individual estate. Ibid. 176. Exemption from Partnership Debts. — The rights of the wives of a bankrupt firm in the real estate vested in the assignee are simply those of inchoate dower interests. Hiscock V. Jaycox, 12 N. B. E. 507. As to real estate which is partnership assets, no dower interest attaches until all the partnership accounts and debts have been set- tled. Ibid. Individual exemptions are not allowed co-partners out of the partner- ship effects. See § 5045, ante. 177. Discharge. — Where ihere are firm debts and assets, the firm must be declared bankrupt before any member of it can be dischargred. This applies only to actually existing co-partnerships, or where there are assets belonging to the firm, and not to co-partnerships terminated heretofore by banki-uptcy, insolvency, assignment, or otherwise, ile Winkens, 2N.B. R. 349. See Re Abbe, 2 N. B. R. 75; Re Stevens, 3 N. B. E. 112; Be Leland, 5 N. B. E. 222; Hudgins v. Lane, 11 X. B. E. 462. Contra, Wil- kins V. Davis, 15 N. B. R. 60, where it is held that if one member of a firm becomes bankrupt and obtains his discharge, he is released from liability on his joint as well as separate debts. See also Compton v. Oonklin, 15 X. B. R. 417. 178. In case of several petitions, the petition first filed takes precedence. Re Leland, 6 N. B. E. 222; Re Penn, 5 N. B. E. 30. Ibid. § 37; K. S. § 5122. — The provisions of this title shall apply to all moneyed business or commercial corporations and joint TioKs"^"'''^" ^^^^ companies, and upon the petition of any officer of companjSs^ ^°^ ^"'"^ corporation or company, duly authorized by a Proceedings. vote of a majority of the corporators at any legal meet- ing called for the purpose, or upon the petition of any creditor of such corporation or company, made and presented in the manner provided in respect to debtors, the like proceedings shall be had vi ions ot ^^^ taken as are provided in the case of debtors. All this title apply the provisions of this title which apply to the debtor, or set forth his duties in regard to furnishing schedules and inventories, executing papers, submitting to examinations, disclosing, making over, secreting, concealing, conveying, assigning, 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 corporations or company, and the money and property thereof. All payments, con- veyances, and assignments declared fraudulent and void preferences' by. ^y this title when made by a debtor, shall in like manner, and to the like extent, and with like remedies, be fraud- BANKRUPT LAW. 77 §§ 5122-5123.] Bankruptcy of Corporations— Authority of Sate Courts. [Notes 179-18.1. ulent and void when made by a corporation or company. Wiienever any corporation by proceedings under this title is declared bankrupt^ all its property and assets shall be distributed to the creditors of such corporations in the manner provided in oi assets" No this title in respect to natural persons. But no allovir- dis"harge.°'^ ance or dischaj-ge shall be granted to any corporation or joint-stock company, or to any person or officer or member thereof. 179. The a(^judicaUon of a corporation is in the nature of a decree in rem. New Lamp Co. y. Ausonia Co., 13 N. B. E. 385 ; S. C, 91 U. S. 656. 180. N'ot Discharged. — A coiTporation is not given a discharge. Be Leavenworth Sav. Bank, 14 N. B. R. 82. A creditor who has proved his claim against a bankrupt corporation and received a dividend thereon, is not precluded from instituting suit and recovering a judgment for the balance. New Lamp Co. v. Ausonia Co., supra. It would seem that a fraudulent representation made to a purchaser of stock by the offlcers of a corporation, is no defense to an action brought by the assignee for bal- ance due on stock. Farrar v. Walker, 13 N. B E. 82 ; Michener v. Payson, 13 N. B. R. 49. 181. Railroad Companies amenable to the act. Rankin v. Florida E. E. Co., I N. B.^ E. 647; Adams v.Boston E. E. Co., 4 N. B. R. 314; Ala. E. E. Co. v. Jones, 5 N. B. E. 97; Sweatt v. Boston E. E., 6 N. B. E. 234; Se California R. K. 3 Sawy. 240. But not. the Union PaclSc Railroad. Infra, 5123a. 182. Vote of Stockholders. — Vote of trustees or directors not sufficient. Be Bryan Mining Co., 4 N. B. E. 144 ; s. c, 4 N. B. E. 394. Petition must show that corporations is a " moneyed," etc., one. Me Oregon Pub. Co., 14 N. B. E. 405. 183. Nmriber and Value of Creditors.~The amendments of 1874, requiring a certain proportion of creditors to join in the petition to have a person adjudged bankrupt,, applies to corporations. Be Detroit Car Works, 14 N. B. E. 243 ; Se Leavenworth Sa- vings Bank, 14 N. B. E. 82; s. C, 14 N. B. E. 92; s. C, 3 Cent. L. J. 207; Me Oregon Publishing Co., 14 N. B. R. 405 ; overruling S. 0., 13 N. B. E. 200. Amendatoet Act of Feb. 13, 1873 ; E. S. § 5123.— "Whenever a cor- poration created by the laws of any State, whose business . „ f . . , ,, -i, . i, ci/ i. i. J.-L. Authority of IS earned on wholly withm the State creating the same, state courts in and also any insurance company so created, whether all alSfnlt "corpo- its business shall be carried on in such State or not, has raUoM' etc. had proceedings duly commenced against such corporation or company before the courts of such State for the purpose of winding up the affau's of such corporation or company and dividing its assets ratably among its creditors and lavsrfuUy among those entitled thereto prior ta proceedings having been commenced against such corporation or com- pany under 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 rat- able distribution or payment of any dividend of assets to the credit- ' ors 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 .1 (1) Construed In Be National Life Ins. Co. , 6 Bias. 38. 78 BANKRUPT LAW. § 6123a.] Additional Amendment— Union Pacific Railroad. § 5123a!. Additional Amendment. — The laws of the United States providing for proceedings in bankruptcy shall not be Eaiiroad Com- held to apply to Said corporation.! [The Union Pacific > pany. Kailroad Company.]. (1) Tbie clause Is found In § 1 of tile Legislative , Executtve and Judicial Appropriation Act of 1873, eh. 226, 17 Stat. 509. BANKRUPT LAW. 79 f 6121.] Fees and Costs. [Note 184. CHAPTER SEVEN. FEES Airo COSTS. Section 6124. Fees ol Register; Entitled to a Priority. NOTE 184.— This section con- trued. 6125. Traveling and Incidental Ex- penses. 6126. Marshal's Fees. 5127. Justices of Supreme Court may change Tariff ol Fees. 5127a. Fees and Allowances to be re- Skction duced one-halt, and to be re- vised by Justices ot Supreme Court ; Register, Clerk, etc., not to be of Counsel nor Interested. 6127&. Reports of Officers ; of Itlarshal. 6127c. Reports ot Register. 5127<2. Reports of Assignee. 6127e. Reports of Clerk. 6127/. Penalties under these Sections. Original Act of 1867, § 47; R. S. § 5124.— In each case there shall be allowed and paid, in addition to the fees of the cleric of the court as now established by law, or as may be es- ters. talished by general order for fees in bankruptcy, the following fees, which shall be applied to paying for the services of the registers : 1 For issuing every warant, two dollars ; 2. For each day in which a meeting is held, three dollars; 3. For each order for a dividend, three dollars ; 4. For every order substituting an arrangement by trust deed for bankruptcy, two dollars; 5. For every bond with sureties, two dollars ; 6. For every application for any meeting in any matter under this act, one dollar; 7. 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; 8. For taking depositions, the fees now allowed bylaw; 9. For every discharge when there is no opposition, two dol- lars. Such fees shall have priority of payment over all other claims out of the estate, and, before a warrant ity.° *™'' ™' issues, the petitioner shall deposit with the clerk of the court 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. 184. Construed.— Toi a discussion ot this, see He Dean, 1 N. B. E. 249; Me Sherwood, 1 N. B. R. 344; lie Burnell, 14 N. B. B. 498. 80 BANKRUPT LAW. 5 S125-5127ffl.] Fees and Costs. Ibid. § 5; K. S. § 5125.— The traveling and incidental expenses of the register, and of any clerk or other oflScer attending him, Travelinsr and ^ 7 Marshal, Assignees, Witnessses, Jurors; Contempt for charging Excess. 23. 24. 25. 27. 30. Order 31. Costs in Contested Adjudications; paid Creditor when; paid Debtor when; Debtor to have Clerk to prepare Schedule. 32. What Forms are to be used in Bankruptcy Proceedings. 33. Omissions in Schedule to be Ex- plained ; Amendments how made. 34. Proof of Claim how made; to whom delivered; Bequest by Creditor as to ho w Notice to him is to be Addressed; Assigned Claims, Objection to Proof ; Letter of Attorney Certifying Objections to Court. 35. Trial before Marshal of Issue on Involuntary Petition in Bank- ruptcy. 36. Pi'occedings for Composition with Creditors. 37. Eeference of Orders to the Bank- rupt Act. It is hereby ordered by the Chief Justice and Associate Justices of the Supreme Court of the United States, in pursuance of the powers con- ferred upon them by the several acts of Congress in that behalf, that the general orders in bankruptcy heretofore established by the court, be, and they are hereby, amended so as to read as follows : I. The clerks of the several district courts shall enter upon each peti- DuTiKs OF *'°'^ ^^ bankruptcy the day, and the hour of the day, ™^,!'^ml.?J?" "P°'^ "''^'^^^^ *^'^® ®'^™^ s'^'*" ^e filed, and shall also make Filing papers, a Similar note upon every subsequent paper filed w\0i thein, except such papers as have been filed before the register, and so indorsed by him; and the papers in each case shall be kept in a file by themselves. No paper shall be taken from the files for any purpose except by order of the couit. Every paper shall have In- Keopingdock- horsed upon it a brief statement of its character. The ets and minute clerks shall keep a docket, in which tlie cases shall be entered and numbered in the order iir which they are commenced ; and the number of each case shall be indorsed on every paper. The docket shall be so arranged that a brief memorandum of every proceeding in each case shall be entered therein, in a manner con- venient for reference, and shall at all times be open for public inspec- tion. The clerks shall also keep separate minute-books for the record of proceedings in bankruptcy, in which .shall be entered a minute of all the proceedings in each case, either of the court or of a register of the court under their respective dates. ' U. All process, summons, and subpoenas shall issue out of the court BANKRUPT LAW. 9? Orders II-V.] Process— Appearance— Oommenoement ol Proceedings. under the seal thereof, and be tested by the clerk; and pbooess- blanks, with the signature of the clerk and seal of court, Blanks, may upon application, be furnished to the registers. III. Proceedings in bankruptcy may be conducted by the bankrupt in person in his own behalf, or by a petitioning or oppos- appeabanck: Ing creditor; but a. creditor will only be allowed to man- Attorneys iFii- age before the court his individual interest. Either orders:Notice8. party may appear and conduct the proceedings by attor- ney, who shall be an attorney or counselor authorized to practice in the- circuit or district court. The name of the attorney or counselor, with his place of residence and business, shall be entered upon the doclcet, with the date of the entry. All papers or proceedings offered by an at- torney to be filed shall be endorsed as above required; and orders granted on motion shall contain the name of the party or attorney mak- ing the motion. Notices and orders which are not, by the act or by these rules, required to be served on the party personally, may be served upon his attorney. rV. Upon the filing of a petition in case of voluntary bankruptcy, or as soon as any adjudication of bankruptcy is made upon commenoe- a petition filed in case of involuntary bankruptcy, the mentofpbo- ^■^- Lilt j: Ji. JIxiT ■.. • T_ CEEDINGS:PrO- petition shaU be referred to one of the registers in such ceedings teiore manner as the district court shall direct, and the peti- ^^^ ^*"' tioner shall furnish the register with a copy of the papers in the case,, and thereafter all the proceedings required by the act shall be had be- fore him, except such as are required by tlie act to be had in the district court, or by special order of the district judge, unless some other regis- ter is directed to act in the case. The order designating the register to act upon any petition shall name a day upon which the bankrupt shall attend before the register, from which date he shall bfe subject to the orders of the court in all matters relating attend before to his bankruptcy, and may receive from the register a tectcd° against protection against arrest, to continue until the final ad- ^"^^t. judication on his application for a discharge, unless suspended or va- cated by order of the court. A copy of the order shall forthwith be sent by mail to the register, or be delivered to him personally, by the clerk or other officer of the court.' v. The time when and. the place where the registers shall act upon the matters arising under the several cases referred to them, shall be fixed by special order of the district court, Tinfe™™?)"™ or by the register acting under the authority of a gen- p'ertoi'nf wlm' eral order, in each case, made by the district court; and *°'°' '^'''• at such times and places the registers may perform the acts which they are empowered to do by the act, and conduct proceedings in relation to- the following matters, when uncontested, viz : making adjudication of bankruptcy on petition of the debtor ; administering oaths ; receiving- the surrender of a bankrupt; granting protection thereon; giving re- 94 BANKRUPT LAW. Orders V-VII.] Dispatch of Business— Examination and Filing ol Papers. quisite direction for notices, advertisements, and other ministerial pro- ceedings; taking proofs of claims; ordering payment of rates and taxes, and salary or wages of persons in the employment of the assignee; ordering amendments, or inspection, or copies, or extracts of any pro- ceedings ; taking accounts of proceeds of securities held by any cred- itor; taking evidence concerning expenses and charges against the bankrupt's estate; auditing and passing accounts of assignees; pro- . ceeding for the declaration and payment of dividends, and taxing costs in any of the proceedings ; and generally dispatching all administrative business of the court in matters of bankruptcy, and making all requisite uncontested orders and directions therein, which are not, by the acts of Congress concerning bankruptcy, specifically required to be made, done, or performed by the district court itself; all of which shall be subject to the control and review of the said court : Provided, however. That by the surrender of a bankrupt mentioned and referred bankrupt^^' °* *o ii this order and in the act in that behalf, is intended and understood a personal submission of the bankrupt himself for full examination and disclosure in reference to his property and affairs, and not a surrender or delivery of the possession of his property. VI. Every register, in performing the duties required of him under the act, and by these orders, or by orders of the district Busi^sf Ad- court, shall use all reasonable dispatch, and shall not L°our3"a"*day's adjom-n the business but for good cause shown. Six ad'ouf nmenf "* hours' scsslon shall constitute a day's sitting if the busi- ness requires ; and when there is time to complete the proceedings in progress within the day, the party obtaining any ad- journment or postponement thereof may be charged, if the court or register think proper, with all the costs incurred in consequence of the delay. VH. It shall be the duty of the register to examine the bankrupt's petition and schedules filed therewith, and to certify an]?pS^"o? whether the same are correct in form; or, if deficient, torto^ex^inel ^^ ^hsit respect they are so ; and the court may allow Amendments. amendments to be made in the petition and schedules upon the application of the petitioner, upon proper cause shown at any time prior to the discharge of the bankrupt. The register shall indorse . , upon each paper filed with him the time of filing, and, ing anfi pre- at the closc 01 the last examination of the bankrupt, the scrvinsT 'dHi'dcps register having charge of the case, shall file all the papers relating thereto in the office of the clerk of the district court, and these papers, together with those on file in the clerk's oflSce, and the entries in the minute-book, shall constitute the record in each case; -and the clerk shall cause the papers in each case to be bound together. Vni. Whenever an order is made by a register in any proceeding in BANKRUPT LAW. 95 Orders VIII-X.] Orders by Eegister—ABBignee— Testimony. ■Which notice is required to be given to either party be- orders by thb fore the order can be made, the fact that the notice was Mufri-ecue given, and the substance of the evidence of the manner wbat^ in which it was given, shall be recited in the preamble to the order, and the fact also stated that no adverse interest was represented at the time and place appointed for the hearing of the matter upon such notice ; and whenever an order is made where adverse interests are represented before the register, the fact shall be stated that the opposing parties consented thereto, or that the adverse interest represented made no opposition to the granting of such order; provided, however, if any- party interested adversely to such order shall not, before the hearing of the application therefor, give rea- as by consent, sonable notice in writing to the register that he intends ^ ^"' to contest the same, and objects to its being heard by the register, the same shall be heard by the register as by consent. But all such orders may be reviewed by the district court at thie request of any party aggrieved, upon his paying the cost of certify- trict Couit: ing the matter to said court within ten days from the *'''^'^- making of the order ; which request and payment shall be entered by the register on his docket; and he shall thereupon forthwith certify the said matter to the court, and said court, upon making its decision, may make such order with regard to the costs as justice shall require. IX. It shall be the duty of the register, immediately upon the appoint- ment of an assignee, as prescribed in sectiens twelve and thirteeni of the act (should he not be present at such to a^Sh^'o? meeting), to notify him, by personal or mail service, of MmrafBT^ter his appointment; and in such notification the assignee *oe*Te. so appointed shall be required to give notice forthwith to the register of his acceptance or rejection of the trust. No official assignee shall be appointed by the court or judge; nor any general as- signee to act in any class of cases. No additional as- erai and' ^dl- signee shaU be appointed by the court or judge under fona'assisnees. section thirteen2 of the act, except upon petition of one-fourth in num- ber and value of the creditors who have proved their debts, and upon good and sufficient cause shown. X. The examination of witnesses before a register in bankruptcy may be conducted by the party in person or by his counsel or attorney, and the witnesses shall be subject to examina- How taken, tion and cross-examination, which shall be had in con- formity with the mode now adopted in courts of law. The depositions upon such examination shall be taken down in writing by or under the direction of the register in the form of narrative, unless he determines that the examination shaU be by question and answer in special instances, and a)§§e033, 5034, B. S. (2) § mi, B. s. 96 BANKRUPT LAW. Orders X-Xni.] Minutes Before Register— Marshal as Messenger. when completed shall be read over to the witness and signed by him in the presence of the register. Any question or questions which may be objected to shall be noted by the register upon the d eposition, but he shall not have power to decide on the competency, materiality or rel- evancy of the question ; 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. In case of refusal of a witness to attend, or to testify before a register, the same proceedings may be had as are now authorized with respect to witnesses to be produced on examination be- fore an examiner of any of the courts of the United States on wiltten interrogatories. XI. A memorandum made of each act performed by a register shall be in suitable form, to be entered upon the minute-book Minutes bb- -, , „ FOBE REOTs- 01 the court, and shall be forwarded to the clerk of the etc. ' court not later than by mail the next day after the act has been performed. Whenever an issue is raised before the register in any proceedings, either of fact or law, he shall cause the same to be stated in writing in the manner required by sue to judge: ^' the /o«rtA and sixJfti sections of the act, and certify the notde£yed.^*" same forthwith to the district judge for his decision. The pendency of the issue undecided before a judge shall not necessarily suspend or delay ether proceedings before the reg- ister or court in the case. Xn. Every register shall keep an accurate account of his traveling A^r,n.^ ^^^ incidental expenses, and those of any clerk or other ACCOXTNTS FOB ^, , SEiivicEs OF onicer attending him in the performance of his duties in makshal: To any case or number of cases which may be referred to dl/olt™"* ""'" him; and shall make return of the same under oath, with proper vouchers (when vouchers can be procured), on the first Tuesday in each month; and the marshal shaU make his re- turn under oath, of his actual and necessary expenses in the service of every wan-ant addressed to him, and for custody of property, publica- tion of notices, and other services, and other actual and necessary ex- penses paid by him, with vouchers therefor whenever practicable, and also with a statement that the amounts charged by him are just and reasonable. XIII. In cases of voluntary baiila-uptcy, the bankrupt, after being de- MAHSHAL AS *"'^®'' ^^'^^^ """^ ^^^^^ ^''^ appointment of an assignee or BSkra'tto' trustee, and assignment duly made, shall, unless the surrender prop- court Otherwise direct, deliver possession of all his prop- *''^' erty and assets (including evidences of debt and books of account) to said assignee or trustee, unless at or after such decree and before said assignment, the court, on application of any creditor of creditors, and upon good cause shown by affidavit, shall deem it neces- sary for the interest of the creditors that possession of such property (1) §§ 9009, eoio, B. s. BANKRUPT LAW. 97 Order XIII. Duties ol Marshal as Messenger. and assets should be sooner delivered up ; in which case, as in cases of in- voluntary bankruptcy, the court may order said property and assets to be talcen possession of by the marshal as messenger, directions for which may be inserted, in pursuance of such order, in the original warrant in bankruptcy, or in a special warrant to be issued for that purpose. It shall be the duty of the marshal as messenger to take ijossession of the property of the bankrupt when required thereto by warrant or order of the court, and to deliver the same to take possession. the assignee or trustee when appointed and assignment made as aforesaid. The marshal, when taking possession, as aforesaid, shall make an inventoiy of the property and assets by him received, and deliver the same, with the said property and assets, to said assignee or trustee, who shaU verify the same, and, if found correct and full, no further inventory shall be required : Provided, however, That if any goods or effects so taken into possession as the property of the bankrupt shall be claimed by or in behalf of any case oi goods other person, the marshal shall forthwith notify the pe- claimed.'^, titioning creditor, or assignee, if one be appointed, of such claim, and may, within five days after so giving notice of such claim, deliver them to the claimant or his agent, unless the petitioning creditor or party at whose instance possession is taken, shall, by bond with suflBcient sure- ties, to be approved by the marshal, indemnify the marshal for the taking and detention of such goods and effects, and the expenses of de- fending against all claims thereto ; and, in case of such indemnity, the marshal shall retain possession of such goods and effects, and proceed in relation thereto as if no such claim had been made : And provided, further, that in case the petitioning creditor claims, that any property not in possession of the bankrupt belongs to him, and should be taken by the marshal, the marshal shall not be bound to take possession of the same, unless indemnified in like manner. He shall also, in case the bankrupt is ab. sent or can not be found, prepare a schedule of the names ^, ^ , ^ *^ ^ Marshal to and residences of his creditors, and the amount due to prepare sohea- each, from the books or other papers of the bankrupt that may seized by him under his warrant, and from any other sources of infor- mation ; but aU statements upon which his return shall be made shall be in writing, and sworn to by the parties making them, before one of the registers in bankruptcy of the court, or a commissioner of the courts of the United States. In cases of voluntary bankruptcy, the marshal may appoint special deputies to act, as he deputies. may designate, in one or more cases, as messengers, for the purpose of causing the notices to be published and served as re- Quired in the eleventh i section of the act, and for no Notioe to ... . . 1 ■!_ ii Creditors; Other purpore. In giving the notices required by the contents. third subdivision of the eleventh 2 section of the act, it (1) §§ e019, (032, B. S. (2) § 6032, E. S. ; Act 1874, § 8. 98 BANKKUPT LAW. Orders SIII-XVI.] Petitions and Amendments — Priority of Actions. shall be sufficient to give tlie names, residences, and the amount of the debts (in figures) due the several creditors, so far as known, and no more. XrV. All petitions, and the schedules filed therewith, shall be printed or written out plainly, and without abbreviation or inter- PETITrOITS AND AMESD- lincation, except where such abbreviation and interline- written out and tion may be for the purpose of reference ; and whenever Terifled. ^^^^ amendments are allowed, they shall be written and signed by the petitioner on a separate paper, in the same manner as the original schedules were signed and verified ; and if the amendments are made to different schedules, the amendments to each schedule shall be made separately with proper reference to the schedule proposed to be amended, and each amendment shall be verified by the oath of the pe- tioner in the same manner as the original schedules. XV. Whenever two or more petitions shall be filed by creditors against a common debtor, alleging separate acts of bank- AcTioNs (In- ruptcy committed by said debtor on diflferent days within BSKKuracT.) six 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 commission of the earliest act of bankruptcy.; and in case the several acts of bankruptcy Consolidation '^ 'I ^ ■> oi actions. are alleged in the different petitions to have been com- mitted on the same day, the court before which the same are pending may order them to be consolidated, and proceed to a hear- ing as upon one petition; and if an adjudication of bank- Proceeding on ° . , , . ' . . , , one petition ruptcy be made upon either petition, or for the commis- °^^' sion of a single act of bankruptcy, it shall not be nec- essary 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. XVI. In case two or more petitions shall be filed against the same PETITIONS IN individual in different districts, the first hearing shall be DIFFERENT had in the district in which the debtor has his domicile. wiiere iieard: and such petition may be amended by inserting an alle- Amendment. gation of an act of bankruptcy committed at an earlier date than first alleged, if such earlier act is charged in either of the Two or more Other petitions ; and in case of two or more petitions Petitions against the same firm in different courts, each havine against same ■ • j- j.. j., ^, . . i """5 Pirm in diiier- jurisdiction over the case, the petition first filed shall be ent courts. jj^.g^ heard, and may be amended by the 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 ad- judicationis made upon thepetitionfirstheard; and the court which makes BANKRUPT LAW. 99 OrcJei's XVI-XVIII.] Bcdemptions oi Property and Oompounding Claims. the first adjudication of bankruptcy shall retain jurisdiction over all proceedings therein until the same shall be closed. In oase two or more petitions for adjudication ot bank- members of truptcy shaU be filed in different districts by different °*'"«i'™- members of the same copartnership, for an adjudication of the bank- ruptcy of said copartnership, the court in which the petition is first filed having jurisdiction, shall take and retain jurisdiction over all proceed- ings in such bankruptcy until the same shall be closed ; and if such pe- tition shall be filed in the same district, action shall be first had upon the one first filed. XVn. Whenever it may be deemed for the benefit of the estate of a a banki'upt to redeem and discharge any mortgage or other pledge, or deposit, or lien upon any property, real ov peo'feett or personal, or to relieve said property from any condi- ponuDiNs tional contract, and to tender performance of the con- um^^' ^**'" ditions thereof, or to compound any debts or other claims or securities due or belonging to the estate of the bankrupt, the assignee, or the bankrupt, or any creditor who has proved his debt, may file his petition therefor in the office of the clerk of the district court ; and thereupon the court shall appoint a and nottoe oi suitable time and place for the hearing thereof, notice of ** °^' which shall be given in some newspaper, to be designated by the court at least ten days "before the hearing, so that all creditors and other per- sons interested may appear and shovf 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 assignee. XVni. In case one or more members of a copartnership refuse to ioin in a petition to have the firm declared bankrupt, the parties refusing shall be entitled to resist the prayer of rer case of co- the petition in the same manner as if the petition had paftSs'deiSn- been filed by a creditor of the partnership, and notice ^tition may of the filing of the petition shall be given to him in the tavl 'iotS* same manner as provided by law and by these rules in the case of a debtor petitioned as;ainst; 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 copart- and make what dGf GTIC6 S nership is not insolvent, or has not committed an act of bankruptcy, and to take all other defenses which any debtor proceeded aarainst is entitled to take by the provisions of the act : and in case an adjudication of bankruptcy is made upon schedule and the petition, such copartner shall be required to furnish "ventory. to the marshal, as messenger, 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. XIX. The assignee shall, immediately on entering upon his duties. 100 BANKRUPT LAW. Orders XIX-XX.] Duties of Assignee — Composition witJi Creditors. Duties oi-AS' prepare a complete inventory of all tlie property of the- Bisi»E^° To"" bankrupt that comes into his possession, except where tory: Verify an inventory is furnished to him by the marshal; in veSJiy.'et!?" Which Case, having verified the same, he shall add there- to a certificate that the same is correct, or that the same is correct as modified by a supplemental inventory to be annexed thereto ; in which supplemental inventoiy he shall state any deficiency of assets named in the marshal's inventory, and shall add any property or assets not contained therein. The assignee shall To report ex- , , , . , _ empHons: Ex- make report to the court withm twenty days after re- oieditOTs. ^ ceiving the deed of assignment, of the articles set oflF to- the bankrupt by him, according to the provisions of the fourteenth sectioni of the act, with the estimated value of each article,, and any creditor, may take exceptions to the determination of the as- signee within twenty days after the filing of the report. The legister may require the exceptions to be argued before him, and shall certify themi to the court for final determination at the request of either party. The substance of each monthly return of the assignee shall be sent by the register to any creditor who shall request it and pay the Creditor enti- , ^ .j j x ^. 4. ^-^ r Ti. tied to sub- fee provided for notices to creditors. In case the as- monthly re- signee shall neglect to file any report or statement which *"™' it is made his duty to file or to make by the bankrupt act, or any general order, in bankruptcy, within five days after the same shall be due, it shall be the duty of the register to make Assignee lail- . . i, . ^. i, -^ i ^i. ing to report, an Order requiring the assignee to show cause before the remova . court, at a time specified in the order, why he should not be removed from office. The register shall cause a copy of the order to be served upon the assignee at least seven days assignees.. before the time fixed for the hearing, and proof of the service thereof to be delivered to the clerk. All accounts^ of assignees are to be referred as of course to the register for audit un- less otherwise specially ordered by the court. XX. Whenever an assignee shall make application to the court for authority to submit a controversy arising in the settle- •wiTHCBEDiT- ffiBnt of demauds against the bankrupt's estate, or of tion: Beasona. debts due to it, to the determination of arbitrators, or iS "appfication^ for authority to compound and settle such controversy by agreement with the other party, the subject-matter of the controversy and the reasons why the assignee thinks it proper and most for the interestof the creditors that it should be settled by arbitration or otherwise, shall be set forth clearly and distinctly in the application; and the court, upon examination of the Courtmay . t. j , . . taite testimony same, may immediately proceed to take testimony and or direct notice , j j.-i_ ,..,.. to show cause. make an order thereon, or may direct the assignee to- give notice of the application either by pubMoation. or by (1)604S, B. a. BANKRUPT LAW. 101 •Orders XX-XXV.] Disposal of Properly— Discharge— Second MeotlnB. mail, or both, to the creditors who have proved their claims to appear and show cause, on a day to be named in the order and notice, why the application should not be granted, and may malse such order thereon as may be just and proper. XXI. Upon application to the court, and lor good cause shown, the assignee may be authorized to sell any specified por- „ J.- J, i^ . . .. . . , . f . , Disposal of tion of the bankrupt's estate at private sale ; in which pKorKitTY bv case he shall keep an accurate account of each sales: Aoeounts article sold, and the price received therefor, and to "i iranciiise*'oi whom sold ; which account he shall file with his report corporation. at the first meeting of creditors after the sale. In mak- ing sale of the franchise of a corporation it may be offered in fractional parts, or in certain numbers of shares corresponding to the number of ehares in the bankrupt corporation. XXU. In all cases where goods or other articles come into possession of the messenger or assignee which are perishable, or liable to deterioration in value, the court may, upjn ap- ^^Jl\^S^''^ plication, in its discretion, order the same to be sold and Court may order sale of. the proceeds deposited in court. XXin. The notice provided by the eighteenth sectioni of the act shall be served by the marshal or his deputy, and notices to the creditors of the time and place of meeting pro- NOTSpi'intea vided by the [eighteenth] sections shall be given tlirough posunas'tera" the mall by letter, signed by the clerk of the court. Every envelope containing a notice sent by the clerk or messenger shall Lave printed on it a direction to the postmaster at the place to which it is sent to return the same within ten days unless called for. XXIV. A creditor opposing the application of a bankrupt for dis- charge shall enter his appearance in opposition thereto J? ■■ >- i.1, T^ • 1 i i_ Opposition on the day when the creditors are required to show to dischaboe: cause, and shall file his specification of the grounds of oppoehiK"cred- his opposition in writing, within ten days thereafter, un- ^^na, wK^°*" less the time shall be enlarged by order of the district heming.'^'*^'*" court in the case, and the court shall thereupon make an order as to the entry of said case for trial on the docket of the district court, and the time within which the same shall be heard and decided. XXV. Whenever any bankrupt shall apply for his discharge, within three months from the date of his being adiudged a bankrupt, under the provisions of the twenty-ninth sec- tihud meet- tionS of the act, the court may direct that the second oKs°\[aybe"" and third meetings of creditors of said banln-upt, re- flJEed"orYhow- quired by the twenty-seventh and twenty-eighth sec- IgaiifsTdis- tions* of said act, shall be had on the day which may be S'.J'®' ■w'^en: fixed in the order of notice for the creditors to appear (1) § 5039, B. S. (8) 5108, R. S. ^i) §§ 6089, 5041, B. S (4) §§ 5092, 6093, B. S. 102 BANKRUPT LAW. Orders XXV-XXVII.] Appeals— Imprisoned Debtor. and show cause why a discharge should not he granted such bankrupt; and the notices of such meeting shall be sufficient if it be added to the notice to show cause, that the second and third meetings of said cred- itors shall be had before the register upon the same day that cause may be shown against the discharge, or upon some previous days or day. XXVI. Appeals in equity from the district to the circuit court, and from the circuit court to the Supreme Court of the ■what ruies'goT- United States, shall be regulated by the rules governing o™a°ppeai?* °* appeals in equity in the courts of the United States. Any supposed creditor who takes an appeal to the cir- cuit court from the decision of the district court rejecting his .claim, in whole or in part, according to the provisions of the eighth sectioni of the act, shall give notice of his intention to enter the appeal within ten days from the entry of the final decision of the district court upon his claim ; and he shall file his appeal in the clerli's office of and answering. the Circuit court within ten days thereafter, setting forth a statement in writing of his claim in the manner precribed by said section ; and the assignee shall plead or answer thereta in like manner within ten days after the statement shall Issue and Hearing. be filed. Every issue thereon shall be made up in th& court, and the cause placed upon the docket thereof, and shall be heard and decided in the same manner as other actions at law. XXVII. If at the time of preferring his petition the debtor shall be imprisoned, the court, upon his application, may order IMPRISONED .. ^ , , J , , T. ..I ■ -T debtob: Ha- him to be produced upon habeas corpus by the jailor, or eas corpus. ^^^ officer in whose custody he may be, before the reg- gister, for the purpose of testifying in any matter relating to his bank- ruptcy; and if committed after the filing of his petition upon process in any civil action founded upon a claim provable 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 prov- able, he shall be discharged ; if not, he shall be remanded to the cus- to ^^^^ ^^ which he may lawfully be. Before granting the have notice. 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. XXVin. The district court in each district shall designate certain (1) §§ 4980, 4988, B. S. BANKRUPT LAW. 103 Orders XXVIII-XXIX.] Deposits and Payments ot Moneys— Fees. national banks, if there are any within the iudicial dis- „ ' ■' „ , . Deposit AND tnct, or II there are none, then some other safe deposi- payment of tory, in which all moneys received by assignees are paid coiiit to' desig- into court in the course of any proceedings in bank- toSes!^'"'*'' ruptcy shall be deposited; and every assignee and the clerk of said court shall deposit all sums received by them, severally, on account of any bankrupt's estate, in one designated de- pository; and every clerk shall make a report to the signee to make court of the funds received by him, and of deposits "*"" made by him, on the first Monday of every month. On the first day of each month, the assignee shall file a report with the register, stating whether any collections, deposits, or payments have been made by him during the preceding month, and if any, he shall state the gross amount of each. The register shall enter such reports upon a book to be kept by him for that purpose, in keep ao- " which a separate account shall be kept with each. estate; '""'^^■ and he shall also enter therein the amount, the date, and the expressed purpose of each check countersigned by him. No moneys so deposited shall be drawn from such depository unless upon a check, or warrant, signed by the clerk of the court, or by an assignee, and .. jr,i, .J J,. . J. ., Moneys, how countersigned by the judge of the court, or one of the drawn irom registers designated for that purpose, stating the date, ^positoiy. 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 assignee or the clerk; and all checks and drafts shall be entered in the order of time in which they are drawn, and shall be numbered in the case of each estate. A copy of this rule shall be furnished to the depository so designated, and also the name of any register authorized to countersign said checks. XXIX. The fees of the register, marshal, and clerk shall be paid or secured in all cases before they shall be compelled to perform the duties required of them by the parties re- okskccrityof quiring such service ; and in the case of witnesses their ^™' fees shall be tendered or paid at the time of the service of the sum- mons or subpoena, and shall include their traveling expenses to and from the place at which they may be summoned to attend. The court may order the whole, or such portion of the fees and costs in each case to be paid out of the fund in court in outoi Juna. such case as shall seem just. The funds deposited with the register, marshal, and clerk shall, in all cases where they come out of the bankrupt's estate, be considered as a part of such estate, and the assignee shall be charged therewith disbursements. and shall not be allowed for any disbursements there- fBom, except upon the production of proper vouchers from such officers, respectively, given after the due allowance of their respective bills. 104 BANKRUPT LAW. Order XXX.] Fees and Costs— Clerks— Registers. XXX. The fees of the clerk shall be the same as now allowed by law lor .similar services in the general fee-bill, section 828, cMTsf Ctoka. Revised Statutes, except as herein provided ; but no charge shall be made for filing any paper previously filed with the register. Also, For entering memoranda or minutes of register, each folio $0 10 For sending notice to creditors by mail, each 15 For inserting notice in newspaper 50 (The necessary cost of advertising to be paid as an expense of the estate.) For taxing the costs in each case 1 00 — and for each folio of taxed bill 10 Registers. Tiie foUowingand no other fees shall be allowed to the register : For filing and entry of the general order of reference, and for oflice rent, stationary, and other incidental expenses of proceedings, conducted in the usual oflice of the register, to be allowed only once in any cause 5 00 When the proceedings are not conducted in the usual oflSce of the register, but in some other city or town, he shall be allowed for each day employed In going, attending, and returning 5 00 Also, in such case, traveling and incidental expenses of himself and of any clerk or other oflicer attending him, which expenses and fees shall be appropi-iated among the cases, as provided in section 6 of the act, or section 5125 of the Eevised Statutes. For each day's sei-vice while actually employed under a special or- der of the court, a sum to be allowed by the court, not exceeding 5 00 But only one per diem allowance to be made for a single day, and no duplication of such allowances to be made for different cases on the same day; and no other allowance shall be made for clerk hire except as above stated. For every afiidavit to any petition, schedule, or other proceeding in bankruptcy, except proof of debt by a creditor or his agent, for each oath, and certifying the same 25 For examining petition and schedules and certifying to their cor- rectness 3 00 For every warrant in bankruptcy, or other process, issued and di- rected to the marshal (not including warrants for payment of money or anything other than process) 2 00 For each day in which a general meeting of creditors is held, and attending same 3 oo For notification to assignee of his appointment 50 For assignment of bankrupt's eiSfects 1 oo For every bond with sureties \ 00 For every application for a general meeting of creditors i oO BANKRUPT LAW. 105 Order XXX.] Fees and Costs— Registers. For every summons or subpoena requiring the attendance of a bank- rupt, a bankrupt's wife, or a witness for examination, for each person summoned 10 Tor taking depositions, including proofs of debts, and examination of bankrupt or his wife, for each folio 20 For certifying proof of debt as satisfactory 25 For copies of depositions and other papers, each folio 10 For each notice which the register may be required to send to or serve on any creditor (which shall include for postage and stationery) 15 For mileage in making personal service, when necessary, the same as allowed by law to the marshal. Jor inserting notice in newspaper when required 50 (Cost of advertising to be allowed as part of the expenses of the estate.) For each order for a general dividend 3 00 For computation of dividends 3 00 In addition thereto, for each creditor 10 For every judicial order made by a register, necessary or proper to be made by him, and not herein otherwise specially provided for, and not including matters merely ministerial 1 00 For every discharge where there is no opposition 2 00 For auditing the accounts of assignees • 1 00 — and for each additional hour necessarily employed therein, after the first hour 1 00 For every certificate of question to the district court or judge, un- der sections four and six of the act, or sections 5009 and 5010 of the revised statutes 1 00 For preparing such certificate, each folio 20 For each folio of memorandum sent to the clerk 10 For countersigning each check of assignee 10 For filing every paper not previously filed by the clerk, and marking and identifying every exhibit 10 Fees paid by creditors for establishing their debts shall be entitled ■ to rank with other fees and costs in the case under section 5101, revised statutes. The deposit of fifty dollars required to be made as security for the fees of the register shall be delivered by the clerk to the register to whom the case is referred, and be by him accounted for at the termina- tion of the case. The fees of the marshal shall be the same as are allowed for similar services by the general fee-bill in section 829 of the re- y^^^^^ j vised statutes, as modified by section 5126, including ad- ditional fees allowed by the latter section for distinct services ; but no allowances shall be made under the last clause of section 5126, com- caencing with the words " For cause shown." 106 BANKBUPT LAW. Order XXX. I Fees and Costs— Assignees. The marshal shall be allowed for each hour necessarily employed in making inventory ol bankrupt's property 1 OO" — and for each folio of inventory 2ft For each hour actually and necessarily employed in personal atten- tion in taking care of bankrupt's property 1 00 No other allowance to be made for custody of property, except for actual disbursements, which shall in all cases be passed upon by the court. The fees and allowances of assignees shall be as prescribed and pro- vided for in sections 5099 and 5100 of the revised statutes ; ^Big„ees. provided that, in addition to disbursements made, no allowance shall be made other than the commissions provided for in sec- tion 5100, except as hereinafter specified ; and said commissions shall be calculated but once upon the amount of money received and paid, and not upon both the receipt and payment thereof. Besides which, there shall be allowed to the assignee as follows : For serving or sending notices to creditors, or publishing the same, when required to be done by the assignee, the same amount al- lowed to the register for like services. For each hour necessarily employed in making inventory or sup- plemental inventory of bankrupt's property, or verifying mar- shal's inventory 1 OO For each folio of inventory or supplemental inventory made by assignee 20 For all services in designating the exempt property of a bankrupt, and filing report thereon 5 OO For attending a general meeting of cr sditors 3 00 For every deed for real estate sold 2 00 For drawing and filing each monthly report 1 00 For drawing and finding each quarterly report, not exceeding four, unless specially allowed 5 OO For each general account submitted to a creditors' meeting, not exceeding two, unless specially allowed 10 00 For all services in paying a general dividend, or executing an order of final distiibution, and making report thereon, including all disbursements 5 00 In addition, for each creditor to whom a dividends is paid 25 [It being found that, in certain special cases requiring great care and exertion on the part of assignees in bankruptcy, the fees and allowances now provided are insufficient, it is therefore hereby Ordered, That, in such cases as are above mentioned, the district judge be, and is hereby authorized, by and with the advice of the cir- cuit justice or judge, to make such additional allowance to the assignee or trustee, or to both or either of them if there be more than one, as in his judgment shall be a fair and just compensation for his or their ser- BANKRUPT LAW. 10 i Orders XXX-XXXI.] Fees and Costs. vices, having regard to the amount of assets, the amount of labor re- quired, and the special circumstances of the case; and that so much of General Order 30 as conflicts herewith be repealed .1 The fees of witnesses and iurors shall be the same as „ prescribed in the general fee-bill, in sections 848 and 852 jurors. of the Kevised Statutes. No allowance shall be made against the estate of the bankrupt for fees of attorneys, solicitors, or counsel, except when nec- essarily employed by the assignee, when the same may Disbursements be allowed as a disbursement ; and no allowance shall °* assignee. be made to the assignee for custody of the bankrupt's property, except necessary disbursements in relation thereto. . The necessity and rea- sonableness of disbursements shall in all cases be passed upon by the court. Any money received by either of the officers mentioned, in excess of lawful fees or compensation, shall be ordered by the judge *T, -j-i. 4. JT.J i.j:-,.i! Excess paid to be paid into court, and such order may be enforced, if into court: necessary, by attachment as for contempt. No bank- ™ ^"''*' rupt's discharge shaU be refused or delayed by reason of the non-payment of any fees, except the fee for his cer- aiaoMrgePnot tiflcate of discharge. delayed. Ten days before the day fixed for the consideration of the assignee's final account, or at any other time fixed by the com-t on Its own motion, or on the application of any person in- cost*f" terested, the clerk, marshal, and register, shall file with the clerk a statement of fees, Including prospective fees for final distri- hution, which shall exhibit, by items, each service and the fee charged for it, and the amount received. Said clerk shall tax each fee-bill, al- lowing none hut such as are provided for by these rules, which taxation shall be conclusive, reserving to any party interested exceptions to the bills as taxed, which shall he decided by the court. The office of auditor is hereby discontinued. " ""' XXXI. In cases of involuntary bankruptcy, where the debtor resists an adjudication, and the court, after hearing, shall ad- judge the debtor a bankrupt, the petitioning creditor TE^Ko^^m- shall recover, to he paid out of the fund, the same costs ''ioations. that are allowed by law to a party recoveriag in a suit in equity; and in case the petition shall be dismissed, the debtor may recover like costs from the petitioner. When a debtor shall be adjudged a bankrupt on the application of a creditor, and shall be required under the provisions of the act to furnish a schedule of his creditors, and an in- bave'Ser™*' ventory and valuation of his estate, the court, if the ^^^°' estate is large and the required schedule and inventory are likely to ba (1) So amended March 17, 1877. 108 BANKRUPT LAW. ■Oi ders XXXI-XXXIII.] Forms and Schedules— Omissions and Amendments. voluminous or complicated, or other good reasons exist, may, on appli- cation of such debtor, allow him the services of a clerk or accountant to aid him therein, at such rate of compensation, not to exceed five dollars per day, as the court may deem reasonable. XXXII. The several forms specified in the schedules annexed to the former general orders for the several purposes therein scHEDUEs: Pre- Stated, shall be observed and used, with such alterations vious ones Con- , j_ .._ at • j. j tinued. as may be necessary to suit the circumstances of any FormB hereto particular casc. The tabular forms hereto annexed shall annexed. ^ be used respectively by the several oflScers named in sec- tion nineteen of the amendatory act of June 22, 1874, in making the returns required by said section. In all cases where, by the provisions of the act, a special order is required to \>e made in any proceeding, or in any case instituted under the act in a district court of the United States, such order shall be framed by the court to suit the circumstances of the particular case ; and the forms hereby prescribed shall be followed as nearly as may be, and so far as the same are applicable to the circumstances requiring such u es n equ y. gpgpjj^]^ order. In proceedings in equity, instituted for the purpose of carrying into effect the provisions of the act, or for en- forcing 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, inttituted Rales at law. ... ^i, , j: ..^ • •.. for the same purpose, the rules of the circuit court regu- lating the practice and procedure in cases at law shall be followed as nearly as may be. But the court, as fori iudge thereof. Special rales: , . , , . \^^\^. ■,, I Moamcation oi may, by special rule 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. XXXIII. Whenever a debtor shall omit to state in the schedules an- nexed to his petition any of the facts required to be Omissions , , , .,.,,,. AND AMEND- statcd coucerning his debts or his property, he shall state, debtors ached- either in its appropriate place in the schedules or in a "'''°' separate affidavit to be filed with the petition, the reason for the omission, with such particularity as will enable the court to deter- mine whether to admit the schedules as suflScient, or to require the debtor to make further efforts to complete the same according to the requirements of the law; and in making any application for amendment to the schedules, the debtor shall state under oath the substance of the matters proposed to be included in the amendment, and the reasons why the same had not been incorporated in his schedules as originally filed, or as previously amended. In like manner, he may Xu Ills 63c&ri]n~ ** inatiou. correct any statement made during the course of his examination. BANKRUPT LAW. 109' Order XXXIT.] Proof ol Debts— Assignment of Claims. XXXIV. Depositions to prove claims against a bankrupt's estate shall be correctly entitled in the coui't and in the cause. When made to prove a debt due to a co-partnership, it must debts: What appear on oath that the deponent is a member of the itm6t''state. creditor firm ; when made by an agent, the reason tue deposition is not made by the claimant in person must be stated ; and when made to prove a debt due to a corporation, and the corporation has no such officer as cashier or treasurer, the deposition may be made by the officer whose duties most nearly correspond to th ose of cashier or treasurer. Depositions, to prove 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 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 ren- dered thereon. Proofs of debt received by any assignee register: His shall be delivered to the register to whom the cause is " ^"' referred. The register may decline to file any deposition until the fee for filing the same is paid. When a proof of debt is sent ■by mail to the register, and it shall bo nccompanied by mail. ° ^ the fee for filing it, and the fee for sending a notice to a creditor, the register shall acknowlege the receipt of it, and state the amount at which he has entered it, and if it shall be insufficient or un- satisfactory to the register he shall state the reason. Any creditor may file with the register a request that all no- creditors, how tices to which he may be entitled, shall be addressed to ' '^^^^^*- him at any place, to be designated by the post-office box or street num- ber, as he may appoint, and thereafter, and until some other designation shall be made by such creditor, all notices shall be so addressed; and ia other cases notices shall be addressed as specified in the proof of debt. Claims which have been assigned before signed before proof, shall be supported by a deposition of the owner p™"*- at the time of the commencement of proceedings, setting forth the true consideration of the debt, and that it is entirely unsecured, or, if se- cured, such deposition shall set forth the security, as is required in prov- ing secured claims. Upon filing with the register satis- factory proof of the assignment of a claim proved and ciaims*"Duty of entered on the register's docket, the register shall im- ^inl'objec-' mediately give notice by mail, to the original claimant, *'°°' of the filing of such proof of assignment. And if no objection be en- tered within ten days, he shall make an order subrogating the assignee to the original claimant. If objection be made within the time specified, or within such further time as may be granted for that purpose, the register shall certify the objection into court for determination. The claims of persons contingently liable for the bankrupt may be proved in 110 BANKRUPT LAW. Orders XXXIV-XXXV.] Prool ol Debts— Trial before Marshal. the name of the creditor, when known, by the party contingently liable. When the name of the creditor is unknown, such claims "WliGrB credit" cr'a name is may be proved in the name of the party contingently unknown. liable; but no dividend shall be paid upon such claim, except upon satisfactory proof that it will diminish, pro tanto, the orig- inal debt. The execution of any letter of attorney to Aclcno-ffiedg- , ,., . . x. i t ■ t^ ment ol instru- represent a creditor, or of an assignment of claim after inentB. proof, Or of the consent of a creditor to a bankrupt's dis- charge, may be proved or acknowledged before a register in bank- ruptcy, or a United States Circuit Court commissioner. On behall ol .,_.7 ,, ,,■,,, ^ ,■ c co-partnership. When executed on behalf of a co-partnership, or of a cor- poration, the person executing the instrument shall make oath that he is a member of the firm, or duly authorized officer of the corporation- on whose behalf he acts. When the party executing is not personally known to the officer taking the proof or acknowledgment, his identity shall be established by satis- factory proof. When the assignee or any creditor shall tion 01 ciaime. desire the re-examination of any claim filed against the bankrupt's estate, he may apply by petition to the regis- ter to whom the cause Is referred, for an order for such re-examination; and thereupon the register 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 register shall take the exam- ination 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 diminished, the register, if no Certifying ob- ^.r ,. i, , ■■ t , %. v ..• jeotion to court. objection be made, may order accordingly. If objection be made, the register shall require the parties then, or within a time to be fixed for that purpose, to form an issue to be certi- fied into court for determination. If the petitioner is in default in mak- ing up said issue, the petition shall be dismissed; if the creditor whose claim is re-examined is in default in making said issue, the claim may be diminished or expunged by the register. All orders thus made by the register may be reviewed by the court on special petition, and upon showing satisfactory cause for such review. XXXV. If the debtor, under the provisions of section fourteen of the amendatory act relating to proceedings in bankruptcy, JahshaS™" approved June 22, 1874, shall elect to have a trial of the facts before the marshal, he shall make such election in writing, and file the same with the clerk of the court; and thereupon the court, on application of the debtor, may award the «em>e facias in Venire laciaa ^^^^ section prescribed, upon and by virtue of which the marshal shall summon twenty-four good and lawful men, BANKRUPT LAW. Ill Orders XXXV-XXXVI.] Trial before Marshal— Composition with Creditors. inhabitants of the vicinity of the place of trial, and indifferent between the parties, from whom to select a jury to try the said facts ; and the names of the persons so summoned shall be drawn by lotto make the saidjury, and each party shall be entitled ieoti°ng jury?" to challenge four persons peremptorily ; and if a sufficient number of jurors unchallenged and free from exception shall not ap- pear to make the full panel of twelve men (or such less number as the parties may agree upon) to try the said cause, the marshal shall com- plete the number by forthwith summoning other proper persons for the purpose. And any person summoned by the marshal to .. ., . , , .,. ^ ■j.i. ^ ^ . ^ Penalty for Sit on said jury, and failing to appear without sufficient failing to excuse, shall be returned by the marshal and subject to "^™'' be fined by the court. The petitioning creditor shall be deemed the actor, give due notice of trial, and have the opening and close before the jury. Subpoenas may be Issued to witnesses, and ob- jections to evidence shall be decided by the marshal conduct of "trial: presiding at the trial, subject to review by the court. dence.^^^^'''^'" The trial shall be had upon the petition to have the debtor declared a bankrupt, and no other pleadings shall be necessary. The debtor may, on his part, prove any fact or state of facts which will entitle him to have the case dismissed. The jury, if desired, shall find a special verdict upon any point or question of fact stated for that purpose in writing by either party before the case shall have been submitted to them. The verdict shall be signed by the foreman of the jury and countersigned by the marshal, who shall immediately return the same to the court vnth the venire, and any points or questions raised and decided by him at the „ trial. The court, for good and legal cause shown, may set aside the verdict and award a new venire as often as occasion shall require. XXXVI. If at any time after the filing of a petition for an adjudica- tion in bankruptcy, a petition duly verified be filed by the debtor or bankrupt, or by any creditor of such debtor ■withckedit- or bankrupt, setting forth that a composition had been cr"aitors?"°^°' proposed by such debtor or bankrupt, and that he verily believes that such proposed composition would be accepted by a majority in number and three-fourths in value of the creditors of such debtor or bankrupt, in satisfaction of the debts due from such debtor or bank- rupt, the court shall forthwith order a meeting of the creditors to be called to consider of the said proposition as provided in the 17th sec.tion of said amendatory act, whereupon such proceedings shall be had as are therein directed. The register acting in the case, or, if no register has been assigned, a register to be designated by the court, Duty of Eeg- shaU at the time and place specified in the notice for *°''"" holding such meeting, hold and preside at the same, and report to the 112 THE BANKRUPT LAW. Orders XXXVI-XXXVII.] Eeference to Sections of Act of 1867, etc. court the proceedings thereof, with his opinion thereon ; upon filing of which, the clerk shall give the notices to creditors re- Notlceand . ' , " _ „ , . final hearing. quired by Said section, and the court shall at the time therein fixed, proceed to hear and determine the matter as is in said section is prescribed. In like manner, additional meetings in relation to such proposed composition, or any modi- meetings, flcation thereof, may, upon like application, be called and held, and the proceedings returned in like manner. XXX VII. All orders referring specifically to any section or sections of the original bankrupt act, shall be deemed and con- SECTIONS oi' stmed to refer to the corresponding sections, respect- ACYV ETC ively, in the Eevised Statutes of the United States ; for example, order IX, in referring to sections 12 and 13 of the act, shall be construed to refer to sections 5033 and 5034, respect- ively, of the Eevised Statutes; and so of the rest. And aU forms heretofore prescribed shall be adapted to any modification of the law, or of these orders. BANKRUPT LAW. 113 Forms and Schedulea. FOEMS AND SCHEDULES. Annual report of , marshal of the district of for the year ending June 30, 18 , required by the 19th section of the amendatory act of Congress, relating' to matters iiAnsHAii. of bankruptcy, approved June 22, 1874. Number of cases in bankruptcy in which warrants were received. Number of warrants returned during year Fees for service of warrants so returned Fees for serving creditors with notice Mileage thereon . .' Expenses of publication thereon Expenses of postage thereon Other expenses thereon, such as for Other fees, costs, expenses, and emoluments, namely : For service-fees for serving writs and process For mileage thereon For serving notices For mUeage thereon Expenses of publication thereon Expenses of postage thereon For maldng inventories of property For taking care of property Expenses and disbursements thereon All other fees and emoluments, such as for: All other expenses and disbursements, such as for : SUMMARY OP FEES, COSTS, EMOLUMENTS, EXCLUSIVE OF ACTUAL DIS- BURSEMENTS. Service fees • Mileage • Making inventories Care of property Other fees and emoluments in bankruptcy SUMMARY OF ACTUAL DISBURSEMENTS. For publications For postage For custody of property For traveling expenses For other expenses, such as 114 BANKEUPT LAW. 7orm of Scbedcle. Annual statement of , clerk of the district court of the United States for the district of , for the year ending June 30, 18 , in pursuance of section 19 of the amend- atory act relating to proceedings in bankruptcy, approved June 22, 1874, of all cases of bankruptcy pending, etc. Eepobt op CLEBK. No. 1. Cases pending at begin- ■ ning ot year. Names of bankrupts. Whether Disposed ot. Amount of dividends. Number of reports of Assignee. Disposi- tion of case. Number of assignee's account ffled and setUed. 1 Oases begun during year. ! 1 Names and residences of aU marshals, registers, and assignees who have faUed to make and file reports, as required by sec- oLBBK. No. 2. tion 19 of amendatory act relating to proceedings in bankruptcy, for the year ending June 30, 18 , furnished in pursuance of said section. MARSHAL. [Here insert names and residences of delinquents.] REGISTERS. [Here insert names and residences of delinquents.] ASSIGNEES. [Here insert names and residences of delinquents.] BANKBUPT LAW. 115 Fona ot Schedule, Annual report of , clerk of the district court of the United States for the district of , for the year ending June 30, 18 , of all his fees, charges, costs, and emol- cSk'^no!" . ument earned or accrued In banltruptcy cases during said year; and also of all moneys paid into and disbursed out of court in banlci-uptcy, and the balance in hand or on deposit, made In pursu- ance of section 19 of the amendatory act relating to proceedings in bankruptcy, approved June 22, 1874. Services. Amount.. For performing all ordinary duties of clerk, such as issuing pro- cess, filing and entering papers, orders, rules, etc., in bankruptcy cases For entering memoranda or minutes of registers For giving notice to creditors by mail or publication (exclusive of postage and costs of publication) For taxing costs For receiving, keeping, and paying out money For taking examinations For preparing and certifying papers on appeal to circuit court. ... Moneys received In court in cases of bankruptcy. Balance on band at beginning of year Moneys paid out of court in cases in bankruptcy. Balance on hand at end of year Balance on deposit at end of year 116 BANKRUPT LAW. Form ot Schedule. Annual report of .. register in bankruptcy in and for the dis- trict of the state and district of , for the year end- kbgisteh. ing June 30, 18 , in pursuance of section 19 of the- amendatory act relating to proceedings in bankruptcy,. approved June 22, 1874. Number of cases of voluntary bankruptcy referred. Amount of assets of the bankrupts therein Amount of liabilities of the bankrupts therein Amount of dividends declared therein l Average rate per cent, of dividends declared therein Number of cases in which discharge granted Number in which discharge not granted , Number of compulsory cases referred Amount of assets of the bankrupts therein , Amount of liabilities of the bankrupts therein Amount of dividends declared therein Average rate per cent, of dividends declared therein. .- Number of cases in which discharge Ranted Number in which discharge not granted Amount of fees, costs, etc., received or earned in cases of volun- tary bankruptcy , ,.,.., Amount of fees, costs, etc., received or earned in oases of Invol- • antary bankruptcy ° • • BANKRUPT LAW. 117 Form of Schedule. Annual report of , of the , in the state of ■bankruptcy, for the year ending June 30, 18 , in pursu- ance of section 19 of the amendatory act relating to proceedings in bankruptcy, approved June 22, 1874. , assignee in BXFOBT OV AsgiaDXB, K^ame and number ol bankrupts s i 1 1 1 i m 4J S3 p. 1 3« n si "0 is II ■2 ■a to n « m i VOLUNTABT. • IHVOMJOTAET. . / ■ INDEX. ABATEMENT AND REVIVAL, of Buits in which assignee is party. B. S. i 6018, p. 39. proceedingft do no not abate on death of bankrupt. B. S. § 6090, p. 61. ACCOUNTS, of assignee ; audited bow. B. S. § 1998, d. 8, p. 11; §6096, p. 66. of assignee; subject to inspection of creditors. B. S. § 6065&. p. 11. assignee to accomit for interest, bene- fits, etc. B. S. § 6065(1, p. 11. ol assignee, examination of. B. S. § I>065&, p. H. of mutual debts, set-off, etc. B. S. § B07S, p. «. of assignee submitted to meeting of creditors. E. S. § 5092, p. 56. of expenses of register and marshal. O. XII, p. 96. ACKNOWLEDGEMENTS, of letters of attorney and other instru- ments. O. XXXIV, p. 109. by members of firm ; oath. O. XXXIV, p. 109. proof of identity. O. XXXTV, p. 109. ACT OF BANKKUPTCT, what shall be considered an. B. S. § £021, p. 19. a person of unsound mind can not commit an. n. 30, p. 21. a lunatic may be proceeded against in bankruptcy, n. 30, p. 21. appointment of receivers for a corpo- ration deemed an. n. 30, p. 21. an assignment for benefit of creditors valid under state law is an. u. 32, p. 21. if the assignment is invalid not an. n. 32, p. 22. suspension of payment of commercial paper an. n. 32, p. 22. unlawful preference can not be alleg- ed as an, by whom. n. 32. p. 22. committed since March 2, 1867, may be foundation of involuntary proceed- ings. B. S. § 6022, p. 21. ACTION. (See SniTS.) ADJtTDICATXON, who may oppose, n. 69, p. 27. set aside when. n. 69, p. 27. is conclasive. n. 61, p. 2S. to be had when. E. S. § 6028, p. 28. of corporations, a proceeding in rem, n. 179, p. 77. ADJOUENMENT, of trial of petition tor cause shown. B. S. § 6026, p. 26. of proceedings for want of legal notice. B. S. § 6033, n. 61, p. 32. of proceedings before register. O. VI, p. 91. cost of. O. VI, p. 91. ADVEETISING, cost of. O. XXX,.p. IM. AFFIDAVIT, (She Oath, Perjury.) evidence may be taken in form of. E. S. §6003, p. 12. defective may be amended, n. 33, p. 22. of assignee, to settlement. B. S. J 6066&, p. 11. AFFIBMATION, (SEE OATH.) the word " oath " includes " affirma- tion." E. S. § 6013, p. 11. AGEEED CASES, may be submitted to court ; judgment final unless appeal provided for ; may provide for what; may provide for costs. E. S. §6011, p. 13. AMENDMENTS, of 1871, are they retroactive? u. IS, p. 21. of allegation of sufilciency in number, n. 33, p. 22. of schedule by bankrupt. B. S. § 5020, n. 29, p. 17. to petition and schedules. O. VII, p. 91. how written out and signed and veri- fied. O. XIV, p. 98. where petitions are filed in different courts. O. XVI, p. 98. of schedule. O. XXXIII, p. 103. 120 INDEX. APPEAL, from the district court, allowod to whom ana when, E. S. § 4980, p. 6. Instances — n. 9. p. 6. Conditions; within what time ; notice, to whom giyen; bond. E. S. § 4981, p. 7; dis- missed, unless law is complied with, n. 11, p. 7. waiver ot; effect ol waiver, E. S. § 4983, p. 7. proceedings under, E. S. § 4984, n. 14, p. 7. judgment of circuit court in, conclu- sive, E. S. §4985, p. 8. costs of, E. S. § 4983, p. 8. no appeal from circuit court in the ex- ercise .of its power of superintend- ance, n. 19, p. 9 ; but it does lie from it in the exercise of its concurrent jurisdiction, n. 19, p. 9. in equity, by what rules governed. O, XXVI, p. 102. appeal from rejection of claim ; notice of. O. XXVI, p. 102. filing answer and hearing. O. XXVI, p. 103. APPBAEANCE, may be in person or by attorney. O. III. p. 93. name of counsel to be entered on dock- et, etc. O. Ill, p. 93. AEEANGEMENT, (See Trustees; Composition with Creditors.) AEEEST, of debtor when ordered. E. S. § 5024, p. 25. of debtor is for appearance, and can not be after adjudication, n. 51, p. 25. bankrupt protected frx>m, on civU pro- cess. E. S. § 5107, p. 66. of debtor, made prior to bankruptcy proceedings, u. 151, p. 66. bankrupt protected against. O. IV, p. 93. ABBITEATION, application ot assignee for authority to arbitrate, to set forth f^cts dis- tinctly. O. XX, p. 100. proceedings thereon. O. XX, p. 100. ASSIGNEE, may be sued in trover in state court, n. 6, p. 4. shall recover money and property fraudulently conveyed. E. S. § 6021, p. 21. howchos6n. E. S. §B034, p. 32; u. 65, p. 33. ASSIGNEE, (Continued.) shall accept trust in writing. E. S. f 6034, p. 32. eligibility for, and who may vote for, n. 65, p. 33. no preferred creditor to vote for, E. S. § 5036, p. 33. ineligibility of, not to effect title to property conveyed by him. E. S. § 6035, p. St. required to give bond. E. S. § 5036, p. 33. failing to give bond removed. B. S. § 5036, p. 33. liable for contempt for neglect and dis- obedience. E. S. § 5037, p. 33. resignation of. B. S. § S038, p. 31. removal of. E. S. § 6038, p. 34. removal of, " in the discretion," n. 66, p. 34. effect ot resignation or removal of. B. S. § 5040, p. 34. vacancies in the office of, how filled. E. S. § 5041, p. 34. in cases of vacancies, estate vests in remaining assignee or in successors. B. S. §6042, p. 34. former assignee to ma.ke conveyances, etc., to new assignee. B. S. § 5043, p. 34. assignment to new assignee relates back. n. 67, p. 36. what vests in by adjudication and as- signment. E. S. § 6044, p. 34. unacknowledged assignment good as against whom, n. 67, p. 36. assignee's title relates back to adjudi- cation, n. 67, p. 35. represents creditors as well as debtors, n. 68, p. 36. acquires no title to exempt property, n. 68,p. 35;n. 71, p. 37. accountable for unauthorized exemp- tion ot real estate, u. 72, p. 37. takes what interests under assignment. E. S. § 6016, u. 79, p. 38. may recover in his own name, be ad- mitted to prosecute or defend pend- ing suits, etc. B. S. § 6047, p. 38. rights ot. n. 80, p. 39. must give notice of his appointment, etc. E. S. § 5054, p. 40. must demand and receive estate. E. S. § 5053, p. 41. not to be sued without previous notice. E. S. §6036, p.41. exceptions to this rule. n. 85, p. 41. to deposit money and keep effects how. E. S. § 5069, p. 41. INDEX. 121 ASSIGNEE, (Continued.) may eeltle controversies and submit disputes to arbitiation. B. S. § 5061, p. 12. this power construed, n. 87, p. 42. may carry on business under order of court. B. S. § GOeia, p. ii. sale ol, solicitor tor, cannot bid at. n. 88, p. 42. ' to keep accounts and make reports of, etc. B. S. § 50651), p. 44. penalties against. B. S. § 60662>, p. 44. may, under order ol court, discharge liens, perform contracts, etc. B. S. § 5066, p. 45. occupation of leased premises by. n. 96, p. 47. to keep account of claims proved. B. S. § 5080, p. 51. statement of, at second meeting of creditors. B. S. S 6092, p. 65. to give notice of meeting of creditors. B. S. § 5094, p. 66. settlement of accounts and discharge of. B. S. § 5096, p. 66. allowance to, and fees of. B. S. § 6099, p. 56, n. 123, 124, 125, p. 67. commissions allowed to. B. S. § 5100, p. 67. need not proceed without funds. B. S. § 6100, p. 57. ■to be removed upon appointment of trustees, n. 129, p. 69. in partnership cases chosen by credi- tors of company. B. S. § 5121, p. 74. accounts of, in partnership cases. B. S. § 5121, p. 74. reports of, to contain what, penalties. E. S. §§ 6127d, 6127/, p. 82. register to notify, of appointment. O. tX., p. 95. assignee to notify register of accept' ance or rejection. O. IX, p. 95. no official or general assignees ap- pointed. O. IX, p. 95. nor additional assignees except, etc. O. IX, p. 95. surrender of bankrupt's property, when made to, O. XIII, p. 96. marshal to deliver property to, when. O. Xin,p.96. to make inventory, verify that of mar- shal and make supplemental inven- tory, etc. O. XIX, p. 99. to report exempt articles set off to bankrupt. O. XIX, p. 99. neglecting duties, proceedings for re- moval. O. XIX, p. 99. Accounts ol, audited by register. O. XIX, p. 99. ASSIGNEB!, (Continued.) application by, to arbitrate or com- pound claims. O. XX, p. 100, may sell at private sale, when. O. XXI, p. 101. accounts of sales. O. XXI, p. 101. sale ol franchise of corporation. O. XXI. p. 101. of perishable property. O.XXII.p. 101. to deposit in designated depository. O. XXVUI, p. 102. to make monthly report, O.XXVXn, p. 102. disbursements in payfhent of costs; vouchers, etc. O. XXIX, p. 103. to deliver proof of debts to register- O. XXXTV, p. 109. form of annual report oi, p. 117. ASSIGNMENT, in bankruptcy, rests what in assignee- E. S. § 6046, n. 79, p. 38. intended to give preference, void, n.79, p. 38. fraudulent by debtor a bar to discharge. E. S. § 6110, cl. 9, p. 68. ol property giving preference, an act ol bankruptcy, n. 190, p. 86. assigned claims, how proved. O. XXXIV, p. 109. proceedings to subrogate assignee. O. XXXIV, p. 109. ATTACHMENTS, issued less than lour months prior to bankruptcy proceedings are thereby dissolved ipso facto. B. S. § 6044, p. 34; n. 69, p. 35. not dissolved if realized upon prior to flling petition, u. 69, p. 35. issued more than four months prior may be enforced, how. n. 69, p. 35. of exempt property, not dissolved. i±. 69, p. 35. obligation of bond for production ol attached property superseded and surety released, n. 69, p. 35. state laws govern rights of assignee under, u. 69, p. 35. of firm property not dissolved by bank- ruptcy proceedings against partner individually, n. 69, p. 36. not dissolved by composition proceed- ings, n. 140, p. 63. fraudulent to prefer creditor, a bar to discharge. B. S. § 5110, cl. 3 p. 67. ATTOENEY, creditor's petition maybe verified by B. S, § 6021, p. 21. creditor may act by, at meetings. B. S. i 5095, p. 56. 122 INDEX. ATTOENET, (Continued.) powers of. n. 122, p. 66. of assignee, fees. n. 123, p. ST. fees of. u. 127, p. 67. parties may appear by. O. Ill, p. 93. must be attorney of the court. O. Ill, p. 93. name sf , to be entered on docket, etc. O. in, p. 93. papers offered by, to be filed, etc. O. in, p. 93. name of, must appear in orders granted on motion. O. in, p. 93. what notices may be sued upon. O. m, p. 93. may conduct examination of witnesses before register. O. IX, p. 96. fees of, when allowed out of bank- rupt's estate. O. XXX, p. 104. AUDITING, of assignee's accounts by register. B. S. § 4998, p. 11. of assignee's accounts by court E. S. S 6006, p. 66. BAIL, arrested debtor admitted to, when. B. S. § 5024, p,25. claim of, when prorable. E. S. § 5670, p. 46. when entitled to dividend. B. S. § 6091, p. 54. not released by discharge of princi- pal. B. S. § SIJS, p. 71. B BANKEUPT, duty of, to bring suit for protection of property, u. 2, p. 3. may correct schedule. E. S. § 5020, u. 29, p. 17. can not file a second petition while first is pending, u. 27, p. 15. may be arrested when. E. S. § 5024, p. 25. to execute necessary instruments, etc. E. S. § 6061, p. 40. may move the expunging of a claim. n 113a, p. 62. may be examined. E. S. § 6086, p. 88. examination of, restrictions, n. 117, p 63. competent as witness. B. S. § 6087o, p. 64. examination of wife of ; failure of her attendance a bar to discharge, when. E. S. § 5088, p. 54. examination of, ■when imprisoned, ab- sent, etc. E. S. § 6089, p. 64. death of, not to abate proceedings. E. S. § 6090, p. 64. BANKEUPT, (Continued.) to convey and deliver to trustees un- der oath. E. S.§ 6103, p. 68. subject to order of court ; punishable, etc. E. S. §5104, p.65. protected against suits. B. S. S§ 6105, 6106, p.65; n. 150, p. 66. not liable to arrest in civil action. B. S. § 6107, p. 66. as to arrest of, prior to bankruptcy, n. 161, p. 66. application for discharge of. B. S. i 6108, p. 66. penalties against. E. S. i 6132, p. 88. notcompetentwitness in criminal pro- ceedings against himself . n. 201, p. 90.^ to attend before register. O. rv, p. 93. protected against arrest. O. lY, p. 93> subject to order of court from what time to what time. O. IT, p. 93. surrender of, to be deemed a personal submission. O. Y, p. 93. BANKRUPT ACT, who may have benefit of; what step& thereto. B. S. § 5014, p. 15. a lunatic may have benefit of. u. 27, p. 15. repeal of conflicting laws. B. S. § 6132a, p. 90. Bevised Statutes to be considered as passed on Dec. 1st, 1873. n. 206, p. 90. references to, to be deemed to apply to corresponding sections of revised statutes. O. XXXVII, p. 112. BLANKS, for writs, furnished register, signed. O. II, p. 92. BOND, for appeal or writ of error. B. S. S 49S1, p. 7. of register. E. 5. § 4995, p. 10. of assignee, when required, condi- tioned how, approval, etc E. S. § 6036, p. 33. liability of surety on bond of assignee not affected by his resignation er re- moval. E. S. § 6040, p. 34. BOOKS AND Papers, production of, before register. E. S. § 5003, p. 12. production of, generally. B. S. § 5003, p. 12. no one may withhold books or pa,pers of bankrupt or claim a lien on them. B. S. § 5050, p. 40. falsification, mutilation or destruction of, by bankrupt bar to discharge. B. S. § 5111, cl. 4, p. 68. INDEX. 123 BOOKS AND PAPERS, (Oontinued.) tailare to keep, by bankrupt, merchant or tradesman, a bar to dlBChaige. B. S. § 5111, ol. 7, n. 1S6, 157, p.68. penalties tor mutilation, destruction or concealment of. B. S. § 6132, p. 88 DRiaES, taking, by judge or other ofloer, how punished. B. S. § SOB, p. 13. c CASE STATED. to bo submitted to Judge by certificate of register. B. S. § 5010, n. 25, p. 13. OEBTIFIOATE, t judge's opinion, how taken. B. S. § 5010, p. 13. of discharge. B. S. § 5114, p. 70. of discharge, form of. B. S. § 5115, p 70. of discharge, conclusive evidence. B. S. § 5119, p. 72. CHOSBS m ACTION, arising out of contract or injuries to property of banJixupl, vest in as- signee by virtue of assignment. B. S. §5016, p. 38. may be sold by assignee under order of court. E. S. § 6864, p. 43. ClECmT JUDGE, to ucc in place of district judge, when.. K. S. § 4976, p. 6. oirouit ooobt. (see coukts of Bankkdptct.) GLEBE, wages due to, up to ?50, have priority. E. S. § 5101, ol. 4, p. 67. who considered a. n. 127, p. 57. OLEBKS OF OOXJETS, clerk of district court to keep minute- book of memoranda transmitted by register. E. S. § 6000, p. 11. to ffle all depositions and written acts transmitted by register. B. S. § 6004, p. 12. penalty against, for taiing gratuity. E. S. § 5012, p. 13. not to be of counsel nor otherwise in- terested in the estate. E. $. § 5127a, p. 81. annual report of, to attorney general. E. S. § 5137e, p. 82. penalities for failure to report, etc. E. S. 5127/,.p. 82. duty as to indorsing, ffling and docket- ing papers. O. I, p. 92; O. Ill, p. 93; O. VII, p. 94. to keep minute-book. O. I, p. 92. CLERKS OJP COURTS, (Oontinued.) order designating register to act, how delivered to him. O. IV, p. 93. to deposit money in designated depos- itory. O. XXVIII, p. 102. to make monthly report of funds. O. xxvm,p.ao2. toes of, to be paid or tendered in ad- vance. O. XXIX, p. 104. schedule of clerk's tees. O. XXX, p. 104. form of annual statement of (No. 1). p. 114. form clerk's report of delinquent offi- cers (No, 2}. p. 114. form of dlerk's annual TQport (No. 3). p. 116. COMMENCEMENT OP PEOCEBDINGS the filing of the petition to be consid- ered, n. 80, p. 39. COMMERCIAL PAPER. supension of payment of, an act of bank- ruptcy, n. 32, p. 22. what is considered, n. 32, p. 22. how described in debtor's statement, when composition is proposed. B. S. § S103a, p. 61. COMMISSIONERS OF OIROUIT COURTS. evidence may betaken before. B. S. §5003, p. 12. voluntary petition maybe verified be- fore. B. S. § 5017, n. 28, p. 16. proof of claims may be made before, subject to revision of and forwarded to register. B. S. §6076 n. 107. p. 60. COMMITTEE, of creditors to overlook trustees. B. S. § 5103, p. 58. COMPOSITION WITH CREDITORS, composition proceedings. R. S. § 5103a. p. 60. resolution to be passed by what pro- portion in number and value of cred- itors. R. S.§5103a, p. 60. resolution to, approved by court. E. S. §51030, p. 60. terms of, may bo afterwards varied, how. B. S. § 6103O, p. 61. binding upon what creditors. B. S. § 6103a, p. 61. outstanding commercial paper, how described in debtor's statement. B. S. § 5103O, p. 61. unsecured debts to be paid pro rata. B. S. § 5103O, p. 61. Iiow enforced. E. S. § 5103a, p. 61 . may bo set aside for cause by court. 124 INDEX. COMPOSITION WITH OEEDITOES. (Continued,) E. S. § 5103a, p. 61. constitutionality of, n. 130, p. 62. resolution, passage of, oonfli-mation ol, number and value of creditors voting for, terms of, n. 131, 132, 136, 138, p. 62. oath not required of creditor voting on, n. 133, p. 62. on unliquidated claims, proceedings, n. 135, p. 62. debtor sbould be present at meeting, n. 137, p. 62. recording resolution, n. 138, p. 62. all creditors with provable claims bound, n. 139, p. 63. does not dissolve attachments, n. 140 p. 63. a second meeting for, may be held. n. 141, p. 63. conclusive on state courts, n. 142, p. 63. adjudication and discharge not neces- sary, n. 143, p. 63. does not release co-obligees, u. 144, p. 63. eonilnes a secured creditor to his se- curity, n. 145, p. 63. procured by fraud, invalid, u. 146, p. 63. provisions for, apply to corporations. n. 147, p. 63. in partnership cases, individual or firm creditors may demand separate vote. n. 148, p. 63. petition for composition and meeting. O. XXXVI, p. 111. final hearing by court and additional meetings. O. XXXVI, p. 111. COMPOUNDING CLAIMS, by assignee. B. S. 5061, n. 87, p. 42. notice of hearing of petition to com .pound claim, etc., and proeeedings. O. XVII, p. 99. application by assignee for authority to compound, to set forth facts distinct- ly. O. XX, p. 100. proceedings thereon. O. XX, p. 100. COMPUTATION OF TIME, under this act. E. S. § 6013, p. 14. in a suit to recover a preference, n. 26, p. 14. OONCB^MjMENT, of person or property an act of bank- ruptcy. E. S. § 6021, p. 19. of books, effects, etc., by bankrupt, a bar to discharge. E. S. § 6110, cl. 2. p. 67. CONCEALMENT, (Continued.) of books, effects, etc., by bankrupt, punishable how. E. S. § 6132, n. 2tl, p. 89. CONSOLIDATION OP ACTIONS, when authorized. O. XV, p. 98. OONSPIEACT, conspiracy of other person with the bankrupt to defraud, u. 205, p. 90. CONSTITUTIONAL LAW, bankrupt act constitutional, n. 78, p. 38. penal § 5182, constitutional, n. 199. p. 89. CONTEMPT, district judge may compel obedience by process of. E. S. § 4975, p. 4. register has no power to commit for. E. S. § 4999, p. 11. register to refer matters of, to district judge. E. S. § 5006, p. 12. bankrupt's wife punishable for. n. 22, p. 12. assignee refusing or neglecting to exe- cute instruments or disobeying ordet of court punishable for. B. S. § 50S7, p. 33. bankrupt punishable for, when. E. S. § 6104, p. 65. in refusing to pay money into court. O. XXX. p. 104. CONTINGENT DEBTS, how allowed as claims. E. S. § 5068, p. 46. what considered as. n. 93, p. 46. COEPOEATIONS, claims of, to be proved by officers. E. S. 5078, n. no, p. 51. act providing for composition proceed- ings applies to. n. 145, p. 63. what, subject to bankrupt law. E. S. § 5122, p. 76 ; n. 181. 182, p. 77. distribution of assets of bankrupt. E. S. § 6122, p. 77. adjudication of, a proceeding in rem. n. 179, p. 77. not discharged, n. 180, p. 77. fraudulent representations of officers of, to purchaser of stock no defense against assignee, n. 180, p. 77. number and value of creditors of. n. 183, p. 77. prior proceedings in state courts against insolvent, deemed valid. B. S. § 6123, p. 77. act not applicable to Union Pacific Eailway Company. E. S. § 6123a, p. 7S. INDEX. 125 CONVERSION OF CHATTELS, demand growing ont of, proveable claims. S. S. § 5067, p. 45. COSTS, (SEE FEES.) to have priority in distribution. B. S. § 5124, p. 79. petitioner to deposit $90 to secure. B. S. §5124, n. 184, p. 79. COURTS OF BjVNKRUPTCY, DISTRICT COURTS, jurisdiction of, as. R. S. § 4972, p. 2; n. 1,2, p. 3. jurisdiction of, exclusive of state courts, u. 3, p. 3, n. 4, 6, p. 4. always open as. R. S. § 4973, p. 4. power of judge of, in chambers. B. S. § 4973, p. 4. may sit anywhere in district, notice of session. B. S. § 4974, p. 4. powers of, to enforce their decrees. E. S. § 4975, p. 4. circuit judge to act in case of absence, disability, etc., of district judge. B. S. § 4976, p. 5. has jurisdiction to resti'ain chattel mortgagee from selling, n. 6, p. 6. CIRCUIT COURTS, judge of, to act in absence, disability, etc., of district judge. B. S. § 4976, p. 5. have concurrent jurisdiction with dis- trict courts in all suits to which as- signee is a party. B. S. § 4979, p. 5. controversies to be cognizable under concurrent jurisdiction must concern property or rights of bankrupt, u. 6, p. 6. has concurrent jurisdiction whether assignee appointed in that district or another, n. 6. p. 6. concurrent jurisdiction of, not re- stricted by amendatory act of June 8,1872. u. 7. p. 6. jurisdiction of, arising from the citi- zenship of the parties, n. 8, p. 6. appellate jurisdiction of. B. S. § 4980, p. 6. appeal to ; writ of error, n. 9, 10, p. 6. appellate jurisdiction of, final. B. S. § 4986, p. 8. general superintendence and jurisdic- tion of. B. S. § 4986, p. 8. general superintendence distinct from appellate jurisdiction, n. 16, p. 8. general superintendence and jurisdic- tion, final. 11. 17, p. 8. judge of, has power in chambers though without the district ; practice. n. 18, p. 8. COUBTS OFBANKBUPTOT, (Contin'd)^ STATE COURTS, certain assets collectible In. B. S. § 4972, p. 2. SUPREME COURT OF DISTRICT OP COLUMBIA, has powers of district courts in bank- ruptcy. B. S. § 4977, p. 5. TERRITORIAL DISTRICT COURTS, have powers of district courts in bank- ruptcy. B. S. § 4978, p. 5. OEEDITOES. (SEE MEETINGS OP CRED- ITORS.) may appeal from decision of district court. E. S. § 4980, p. 6. number and amount joining in peti- tion in involuntary proceedings. E. S. § 5021, p. 19. having signed petition not to withdraw. n. 35, p. 22. number and amount of, how csmputed. E. S. § 6021, p. 20, 21; n. 37, p. 23. secured, not reckoned, n. 39, p. 23. secured, joining in petition surrender security, u. 39, p. 23. if partially secured, bow computed. n. 39, p. 23. attaching, not reckoned, n. 4S, p. 23. sufficiency in number of, signing peti- tion, n. 36, p. 23. right of, to elect assignee. B. S. § 5034, p. 32. majority of, may apply for remsval of. B. S. § 5039, p. 34. Tights of, when holding an order on a fund. n. 68, p. 35. majority of, to consent before assignee may carry on business of bankrupt,. E. S. § 6061O, p. 42. to have access to assignee's accounts. E. S. § 6080, p. 61. fraudulently preferred must surrender preference. E. S. § 6084, p. 52, n. 116,^ 116, p. 63. majority in value of, to decide whether there shall be a dividend. B. S. § 5092 p. 65. may act at meetings by attorney. B. S. § 6096, u. 122, p. 56. what proportion of, must consent to ap - pointment of trustees. E. S. § 6103^ p 68. need not prove claims in case of ap- pointment of trustees, n, 129, p. 69. what proportion, must consent to com- position. E. S. § 6103ei, p. 60. what, bound by composition. B. S. S 5103o,p. 61,ii. 139, p. 63. what, may vote at composition pro- ceedings. 11. 134, p. 62. 12G INDEX. CREDITORS, (Continued.) secured, are confined to security by composition proceedings, n. 145, p. 63. "What proportion of, must assent to dis- cliargo o£ banltrupt wliose estate does not pay thirty per cent, of the debts proved. R. S. §§ 6112, 5112o, p. 69; n. 161, p. 70. ■what proportion must assent to dis- charge of bankrupt in the second banliruptcy. R. S. § 6116, p. 71. penalties against for fraudulent agree- ments. E. S. § 5131, p. 88. D DEBTS A2fD PROOF OF CLAIMS, what debts may be proved against bankrupt estate. E. S. § 6067, p. 45. debts due the United States, n. 90, p. 45. debts barred by limitation not provea- ble. u. 91, p. 45. what are proveable debts? u. 92, p. 45. contingent debts proveable, how. E. S. § 5068, n. 93, p. 46. liability on commercial paper when fixed proveable. E. S. § 6069, n. 94, p. 46. a person liable as surety, guarantor, etc., having i)aid the debt may prove his claim. E. S. § 5070, p. 46 ; n. 95, p. 47. debts, falling due at stated periods, may be proved proportionately. E. S. § 6071, p. 47. no debts proveable, except those enum- erated. E. S. § 6072, p. 47. in case of mutual debts balance only proveable. E. S. § 6073, p. 47. proof of debt where bankrupt is liable igi two or more capacities, as individ- ual and as member of firm. E. S. § 5074, p. 48. secured debts, how and when proved. E. S. § 6075, p. 48 ; n. 100, 101, 102, p. 49. a creditor holding a security not the debtor's may prove the whole of his claim, n. 105, p. 60. proof of claims may be had before what ■ ofloers. E. S. §§ 5076, 5076a, u. 107 108, p. 50. deposition in support of claim to con- tain what. E. S. §. 6077, p. 60 ; n. 109, p. 61. to be sworn to by whom. B. S. § 507S, n. 110, p. 51. deposition in support of claim to be seat to register by mail. E. S. § 6079, p. 51. DEBTS AND PEOOP OP CLAIMS, (Continued.) deposition in support of claim to be forwarded by register to assignee and a memorandum made of it in his book. E. S. § 5080, p. 51. withdrawal of proof of claim, n. Ill, p. 61. quantum of proof, n. 112, p. 62. court may examine into proof of claim, E. S. § 5081, n. 113, 113a, p. 52. proof of claim may be postponed if there is doubt of its validity. E. S. § 6083, n. 114, p. 52. a fraudulently preferred creditor may not prove his claim without surren- der of the preference. B. S. § 6084, p. 52, n. 115, 116, p. 63. claims duly proved to be allowed and listed. E. S. § 5085, p. 53. proof of claim deemed a waiver of right to sue. E. S. § 5105, u. 149, p. 65. certain debts not released by dls charge, though prevable. B. S. § 6117* n. 164, p. 71. DEEDS, former assignee to execute, to suc- cessor. E. S. § 5043, p. 34. debtor to execute, at request of as- signee. B. S. § 5051. p. 40. secured creditor to execute, with as- signee, when. E. S. § 5075, p. 48. DEFALCATION, debts created by, provable, but not discharged. E. S. § 6117, n. 164, p. 71. DEFENCES, what, may be made by member of a firm where co-partners file petition against firm. O. XVm, p. 99. DELAY", rules for preventing. O. Vl, p. 94 ; XI, p. 96. DEPOSIT OF MONEYS, court to designate depository, and as- signee and clerk to deposit therein, O. XXVIII, p. 102. moneys, how drawn from depository. O. XXVIII, p. 102. DEPOSITIONS, taken by register to be filed in clerk's office. E. S. § 5002, p. 12. when defective, supplemental ones may be filed, n. 33, p. 22. to acts of bankruptcy must be of per- sonal knowledge, n. 33, p. 22. in support of claims to contain what. E. S. § 5077, p. 50. in support of claim to be made by whom. E. S. § 5078, p. 51. INDEX. 127 DEPOSITIONS, (OonttHsed.) iu support of dlaiiu maybe taJcen be- fore whom. E. S. § 6079, p, 51. in support of claim to be sent to as- signee. B. S. § 5080, p. 61. bow taken, in proceedings before reg- ister. O. X, p. 95. how entitlfid. O. XXXtV, p. 109. depositions to prove claims, must state what. O. XXSIV. p. 109. DEPUTIES, marshal may appoint special, when and for what pui-pose. O. XIII, p. 96. DISCHAKGE OP BANKEUPT, a legal voluntary assignment without preference not to be a bar to. E. S, § 5021, p. 20. banlCTupt not entitled to retain money to pay costs of. n. 68, p. 35. may be withheld upon failure of bank- rupt's wife to attend. E. S. § 5088, p. 51. in case of appointment of trustees. E. S. § 5103, p. 69. composition proceedings operate as a. n. U2, p. 63. 'n;hen, may be applied tor. B. S. § 6108, p. 66, a. 152, p. 67. notice of application for. B. S. § 5109, p. 67. not granted, or it granted not vaiid, when. E. S. § 5110. u. 153, 154, p. 67; n. 155, 156, 157, 158, p. 68; n. 159, p. 69. may be opposed by creditor; proceed- ings. B. S. § 5111, n. luO, p. 69. when assets are less than fifty percent of the debts proved. E. S. § 6112, p- 69. in involuntai^ proceedings assent of creditors to, not required. E. S. § 5112a, p. 69. when assets are less than thirty per cent, of the debts proved. B. S. § 6112a, p. 69. final oath of bankrupt before. E. S. § 5113, p. 70. final oath necessary, n. 162, p. 70. certificate of . E. S. §6114, p. 70. form of certificate of. E. S. § 6115, p. 70. in case of second bankruptcy. E. S. § 6116, n. 163, p. 71. certain debts not released by. E. S. § 6117, 11. 164, p. 71, n. 167, p. 72. persons co-liable with bankrupt not released by. B. S. § 5118, p. 71. is a release from provable debts. E. S. § 5119, ll. 167, p. 72. how pleaded, evidence, etc. E. S. § 6119, u. 168, 169, p. 72. DISOHAEGE OFBANKBUPT,(Contn'd) application tor, governed by. i 6109, n. 166, p. "2. set aside far fraudulent omission, n. 166, p. 72. proceedings to annul. E. S. § 5120, n. 170, 171, 171ffl, p. 73. in partu trship cases. E. S. § 6121, p. 76 ;n. 177, p. 76. not granted to corporation, n. 180, p. 77. fraudulent agreement tn regard to. E. S. § 5131, p. 88. specifications against and proceedings thereon. . O. XXIV, p. 101. DISPUTED PEOPEETY, in possessiO'i of assignee may be or- dered sold by the court and the pro- ceeds held to abide the result of the proceeding. E. S. § 6063, p. 43. in possession of claimant can not be sold. n. 89, p. 43. DISTEIBUTION OF BANKRUPT'S ES- TATE, to be pro rata among the creditors proving their claims. E. S. § 5C91, p. 64. rights of preferred creditors in. n. 119, p. 66. a majority of the creditors present at meeting to determine what dividend, it any, to be had. E, S. § 5092, p. 65. all creditors who have proved claims to participate in. n. 121, p. 66. no dividend to lie disturbed on ac- count of subsequently proved debts. E. S. § 5097, p. 56. priorities and order of payment in. E- S. 6101. n. 127, p. 67; n. 128, p. 68. in case of composition proceedings. E. S. § 5103O, p. 61. in partnership cases. E. S. § 5121, p. 74; n. 175, p. 75. in case of corporations. E. S. § 6122, p. 77. disteiot oouet. (see ooukts of Bankruptcy.) DISTEIOT JUDGE, may exercise powers of circuit judge in certain districts. E. S. § 4988, p. 9. DISTEIOT OF COLUMBIA, supreme court of, a court of bank- ruptcy. E. S. § 4977, p. 6. DIVIDENDS, a majority of creditors may eclare a, at second meeting. E. S. § 6092, lU 120, p. 55. a majority of creditors may declare turthar, at third meeting. E. S. § 5093, p. 66. 128 INDEX . DIVIDENDS, (Continued,) all who have claims proved may par- ticipate in. n. 121, p. 56. flnal, upon settlement of assignee's accounts. E. S. § 5096, p. 66. not to be disturbed by debts subse- quently proved. E. S. § 5097, p. 56. priorities in payment of. E. S. § 5101, n. 137. p. 57. n. 128, p. 58. notice of, to each creditor. E. S. § 5102, p. 58. to be deemed payment pro tanto of certain debts not discharged. E. S. § 5117, n. 164, p. 71. DOCKETS, or short memoranda of proceedings to be kept in clerk's office. E. S. § 4992, p. 10. DEAWEE OP BILLS, claim against bankrupt as when prove - able. E. S. § 5069, n. 94, p. 46. not released by discharge of acceptor. E. S. § 5118, p. 71. E EMBEZZLEMENT, debts created by, proveable, but not released by discharge. E. S. § 6117, n. 164, p. 71. EVIDENCE, certified copies of memoranda filed in clerk's office to be presumptive. E. S. § 4992, p. 10. may be taken in form of affidavit. E. S. § 6003, p. 12. may be taken before what officers. E. S. § 6003, p. 12. in involuntary proceedings the burden ot proof is on the creditor, n. 44, p. 24. What is, of insolvency, n. 44, p. 24. a defense which has been stricken out may be put in evidence as an admis- sion, n. 44, p. 24. what is, of an intent to prefer, u. 44, p-24. certified copy of assignment conclu- sive evidence of assignee's rights. E. S. § 6049, p. 39; n. 194, p. 87. certified copy of a portion of the re- cord is. n. 81, p. 40. instrument, an evidence of debt may be withdrawn from files when. E. S. § 5082, p. 52. of bankrupt and parties interested, competent. E. S. § 6087a, p. 54. of bankrupt's wife may be taken. B. S. § 5088, p. 54. may be taken in aid ot trustees. B. S. § 6103, p. 69. EVIDENCE, (Continued.) certificate of discharge conclusive B. S. § 5119, p. 72. under application to annul discharge E. S. § 6120, n. 171, 171a, p. 73. what is, of fraudulent intent in pref- erences, n. 189. p. 85. what is prima facie, of fraud in con- veyances. E. S. § 5130, p. 88. of bankrupt not competent in crim- inal proceedings against himself, u. 204, p. 90. testimony, how taken in proceedmgs before register. O. X, p. 95. proof of claims against bankrupt. O. XTT TV. p. 109. EXAMINATION, of witnesses to be before register. O. X, p. 95. of bankrupt, may correct statements. O. XXXin, p. 108. EXCEPTIONS, register may not decide on compe- tency, materiality or relevancy oj testimony. O. X, p. 96. to assignee's report or exempt proper- ty. O. XIX, p. 100. EXEMPTIONS, no title to exempted property acquired by assignee, n. 68, p. 36 ; n. 71, p. 37. liens on exempt property existingprior to bankruptcy, preserved, n. 68, p. 36. money for immediate necessities not exceeding with other property ex- emption allowed by law may be re- tained by bankrupt, n. 68, p. 36. what property exempted from the operation of the assignment. E. S. § 5915, p. 36. what is exempted as " articles or nec- essaries." n. 70, p. 37. court to see exempt property secured to debtor, n. 71, p. 37. assignee to set exempt property apart, creditors may contest exemptions, n. 72, p. 37. extend to what property, n. 73, p. 37. homestead purchased in fraud of cred- itors, u. 74, p. 37. physical character of homestead, n- 76, p. 38. partners not entitled to, from partner- ship estate, n. 76,p. 38. state laws in force in 1871 conti'ol. u. 77, p. 38. When operating against partnership debts, u. 176, p. 76. INDEX. 129 FAILUEB TO KEEP BOOKS, by bankrupt trader, bar to discharge. B. S. § 5110, el. 7, n. 1S6, p. 68. FALSIPTINQ BOOKS, talsifloation or mutilation of books, documents, papers, etc., by bank- rupt a bar to discbarge. It. S. § SUO, cl. i, p. 68. FEES, COMMISSIONS, ETC., register not to be interested |in certain, K. S. § 4306, p. 11. of register; to be paid by parties to whom services are rendered. B. S. f S008, u. 23. p. 13. and allowances of assignee. B. S. § 8099, p. GO, n. 123, 124, 126 ; p. 57. order of payment, in distribution. B. 8. f6101,n. 127,p.S7. of register, priority of payment. E. S. { 6124, n. 184, p. 79. traTellDg or incidental exi>enses of register. B. S, § 6126, p. 80. and allowance of marshal. B. S. § 6126, p. 80. snpreme court may alter. B. S. { 6127, p. 80. to be reduced oae-ball until fixed by new i-utes. B. S. i S127a, p. 80. costs of adioumments before register. O. VI, p. 94. of review of registers' orders by dis- trict court. O. Vm,p. 84. of incompetent. Immaterial or irrele- vant depositions. O. JX, p. 95. lees of register, marshal and clerk, to be paid or secured. O. XXIX, p. 103. of witnesses and expenses, to be ten- dered. O. XXIX, p. 103. costs when paid out of fund. O. XXIX, p. 103. disbursements of costs by assignee; vouchers. O. XXIX, p. lOS. . fees of derk. O. XXX, p. 104. fees and expenses of register. O. XXX, p. 104. fees paid by creditors in establishing their debts to rank with other fees and costs. O. XXX, p. 104. lees and allowances ol marshals. O. XXX, p. 104. of witnesses and jnvors. O. XXX, p. 101. fees of attorneys. O. XXX, p. 104. disbursements for eare and custody of property. O. XXX, ik 104. excess over lawful costs paid Into court; contempt. O. XXX, p. 104. FEES, COMMISSIONS, ETO.,(Contln'd) discharge of bankrupt not delayed by non-payment of fees, etc. O. XXX, p. 104. mode of claiming and taxing costs. O. XXX, p. 104. office of auditor discontinued. O. XXX, p. 104. costs in contested adjudications, O. XXXI, p, 107, when debtor may have clerk or ac- countant. O. XXXI, p. 107. fee for filing proof of debt paid in ad- vance. O. XXXIV, p. 109. FICTITIOUS DEBTS, bankrupt's undisclosed knowledge of, a bar to discbarge. B. S. § 6110, cl, 6, p. 68. bankrupt's undisclosed knowledge of. penalty for. B. S. f 6132, p. 89. FIDUCIABY DEBTS, provable but not released by dis- charge. E. S. § 6117, n. 164, p. 71. FOBM8, of certificate of discharge. B. S. § S116, p. 70. what ones to be used. O. ttytt, p„ 108. special orders, how framed. O. XXXII, p. 108. forms heretofore prescribed adapted to modification of law or of orders. O. XXXVII, p. 112. report of marshal, p. 113. of register, p. 116. of assignee, p. 117. of clerk (No. 1). p. 114. of clerk (No. 2). p. 114. of elerk (No. 8). p. 115. FBAUD, debtor's co-operation with petitioning creditors no evidence of collusion, n. 56, p. 26. on part of bankrupt a bar to discharge. B. S.6110,cl.2,p. 67. debts created by,proveable but not re- leased by discbarge. B. S. J 6117, u. 16, p. 71. prima /acie evidence of. B. S. 9 6130, p. 88. of bankrupt, penalty for. E. S. i 6132, n. 203, 203, p. 89. rRAUDUl.ENT CONVEYANCES, creditor knowingly receiving a frand- ulent preference shall not be per mitted to prove mese than half his olaiim. R. S. $50!31,p.2I. what is deemed a. D. 32, p. 22. 130 INDEX. TEAUDULENT OOSTVETAIirCES.CCoii- tinued.) a conveyance to be an act of bank- ruptcy must be shown to be made with a fraudulent intent, n. 33, p. 22. does not change identity of property, n. 68, p. 39. property conyeyed in fraud of credi- tors Tests in assignee. B. S. § (046, n. 79, p. 38. hy bankrupt is a bar to discharge. E. S. § 5110. cl. 2, 5, 9, p. fi7. -what deemed a. E. S. § 5128, p. 83 ; n.. 187, p. 84; n. 188, p. 85. ^ conveyance qiade witliin tliree months prior to filing petition con- strued as. E. S. §§ B129, 6129o, p. 87. security taken in good faith not con- sidered. E. S. § 51296, n. 196, p. 88. ^thin time prescribed prima facte a. E. S. § 6130, n. 198, p. 88. penalties for, against creditor. B. S. § 5i32, p. 88. rinSTDS, how deposited and drawn out of de- pository. O. XJCVIII, p. 102. copy of rule furnished depository. O. XXVm, p. 102. G GAMING, dissipation of property in, by bankmpt a bar to discharge. E. S. § SllO, cl. 6, p. 68. penalties for, against bankrupt. E. S. § 6132, p. 88. GBNEEAl OEDEES IN BANKEUPTCT of supreme court; variation; rescis- sion, etc. E. S. § 4990, p. 9. GUAEANTOES, claims of, proveable when. E. S. §§ 6069, 6070, n. 94, p. 46. entitle to dividend when. E. S. § S091, p. 64. not released by discharge of principal. E. S. §5118, p. 71. H jaiABEAS COEPUS, in case of Imprisoned debtor. O. xxvn, p. iqp. BOLIDATS, what excluded in computation of time. E. S. § 5013, p. 14. HOUSE SEEV ANT, wages due to, have a priority in dis- tribution. R. S. § 6101, p. 67. I IMPRISONED DEBTOR, may be produced to testify on hatieas corpus. O. XXVII, p. 120. IMPRISONED DEBTOE. (Continued.) and discharged in what case. O. XXVU, p. 102. but creditor to have notice and be heard. O. XXVII, p. 102. INDEMNIFYING BOND, unless given, marshal to surrender goodii adversely claimed. O. XIII, p. 96. to be given when property is not in possession of banki'npt. O. XIII, p. 96. INDORSEE, bankrupt's liability as, when a provable debt. E. S. § 5069, n. 94, p. 46. claim of, when provable. E. S. § 6070 p. 46. when entitled to dividend. E. S. § 5091, p. 54. not released by discharge of co-obligee. R. S. § 6118, p. 71. INFORMATION, bankrupt may be prosecuted by. u. 200, p. 89. INJUNCTION, court may en]oin debtor from dispos- ing of property, when. R. S. § 5024, p. 26. restraining any person from interfer- ing with debtor's property, n. 50, p. 26. supposed fraudulent convey;ee may be restrained from selling, n. 51, p. 25. mSOLVBNOY, defined, u. 44, p. 24. INTEREST, stops at date of filing petition, n. 43> p. 23. to bo accounted for by assignee. R, S. § S065ii, p. 44. INVENTORY OF ESTATE, petitioner in voluntary proceedings must file an. E. S. § 5014, p. 16. must contain what. £. S. § 5016, p. 16. to be verified, how. E. S. § 6017, p. 16. . in involuntary proceedings debtor or- dered to file. R. S. § 5030, p. 28. to be prepared and filed by messenger and assignee, when. R. S. § 5031, p.. 28. fraudulent omission In, by bankrupt, penalties, R. S. § 5132, p. 89. of bankrupt's property seized, marshal to prepare and deliver. O. XIII, p. to be furnished by opposing partner, ( where co-partner flies petition against ' firm. O. XVIII, p. 99. to be made by assignee. O. XIX, p. 99. INDEX. 131 mVENTOET OF ESTATE, (Oontinned) assignee to vcrHy, correct or note de- ficiencies in marshal's inventory. O. XIX, p. 99. to make supplemental inventory when, O. XIX, p. 99. INVOLUNTAKT BANKRUPTCY, , what proportion In value and number ol creditors must join in petition. R. S. §6021,p. 20. where petition must be brought. R. S. §6021, p. 20. U debtor iaaj the facts set up in the petition the issue shall be tried, how. E. 8. § 5021, p. 20. debtor may be adjudged baolcmpt on petition of creditors when. B. S. § B021, p. 21. petition to be filed when. n. 31, p. 21. Adjudication and warrant in. B. S. § S028, p. 28. proceedings on warrant. B. S. §S029, p. 28. petitioners must prove facts alleged, n. 63, p. 28. discharge of bankrupt in. R. S. § 5U2, p. 69; n. 161, p. 70. of partnership, n. 174, p. 75. ISSUE, what is of law and what of fact. u. 24, p. 13. certified by register to judge for deci- sion O. XI, p. 96. pendency of issues not to delay pro- ceedings. O. XI, p. 96. J JOINT LIABILITIES, notreleased by discharge (Ifco-obKgee. R. S. § 5118, p. 71. JURISDICTION, (Seb COURTS OF Bahkecptct.) of district courts at law and in equity as courts of bankruptcy? n. 2, p. 3. of district courts as courts of bank- ruptcy. E. S. § 4972, p.. 2 ; n. 6, 7, p. 6. of district courts as courts of bank- ruptcy, original, n. 1, p. 3. of district and circuit courts exclusive of jurisdiction of state courts in suits to which assignee is a party, u. 3, p. 3;n.4,p. 4. of district and circuit courts not ex- clusive in some oases of jurisdiction of state courts, in suits against as- signee, n. 5, p. 4. of Supreme Court of District of Col- umbia as a court of bankruptcy. E. S.§4977,p.6. JUEISDIOTION, (Continued.) ot territorial district courts ; subject to superintendence of circuit courts. E. S. § 497S, p. 5. of circuit and district courts arising from citizenship, n. 8, p. 6. of circuit courts on appeals and writs of error. E. S. § 4980, n. 9, 10, p. 6. and general superintendence of circuit court. E. S. § 4986, u. 16, p. 8. judg- ment final, n. 17, p. 8. practice in chambers, n. 18, p. 8. sufficiency of number and value of pe- titioning creditors a jurisdictional fact. n. 46, p. 24. of district court in adjustment of pri- orities and marshalling of assets. B. S. § 4972, p. 2. in partnership cases where partners reside in different districts. E. S. $ B121, p. 75. of cirouit courts in actions to recover preference, n. 192, p. 86. of state courts In actions to recover preference, u. 193, p. 86. JURORS. fees of. O. XXX, p. 104. JURY TRIAL, debtor may demand in writing a, the fact of bankruptcy. B. S. § 6026, p. 26. demand for must be made when. n. 67, p. 27. of specification against discharge. B. S. § 5111, n. 160, p 69. JUSTICES or SUPREME COURT, shall have power to make general rules and orders in bankruptcy. R. S. § 6127o,p. 80. LIENS, upon exempted property preserved, n. 68, p. 35. certain, preserved. R. S. $ 5052, u. 82, p. 40. maybe discharged by assignee under order of the court. B. S. § 5066, p. 45. landlord's lien for rent preserved, n. 96, p. 47. who are lien creditors, n. 101, p. 49. upon realty sold before bankruptcy proceedings not released by dis- charge, n. 167, (3) p. 72. LIMITATIONS, within which ciedltors' petition must be brought after act of bankruptcy. E. S. § 5021, p. 20. debts barred by statute of, disre- garded, n. 41, p. 23. of all actions by or against assignee. E- S. § 5057, n. 86, p. 41. 132 IMD£^X. M penalties against, for certain offen^ieB. ^. S. ; 5012. p. 13, warrant tp be directed to- !(■ S. § t019, p. 16; §5024, p. 24. may sei^e property fraudulently con- veyed under warrant of seizure, q. 63, p. S!5. fees and aUoyraqces of. $. 3. $§ 6126, 612Ta, p. 80. report; of, (q contain wbat; penalties. I(. S. $ 61S7ft, p. 81; S 51%7/, p. S2. to make return of expenses on oath, witb voui^hei's. O. Xllj p.' 96. when to take possession of bankrupts' property. O. XII, p. 96. and deUver to assignee or trustee. O, Xni, p. 96. and make and deliver inventory. O. Xlll, p. 96. may redeliver goods adversely claim- ed, on notice, etc., unless indemni- fying bond Be given. O. SUI, p. 96. may demand indemnifying bond be- fore seizing property not in bank- Bip^'^ pfnags^e^lpijV- Q. SHI, 5>. 96, qt ps:e^^« schedule, l^t onjjr on writ- ten sia5te;n^ents i»nder path, when. O. Xlil, p. 96. may apppiat spf^cial denutiea. whej*. o. xm, p. 96. reqi^iMKS of WMcep to creditors^ O, XIU, p. 9& fees of, to be. paid or secnred in ad- vance. O. XXIX, p. 103. schedule of fees a^d allowances of. O. XXX, p. 104. in case of a creditor bplding two cliiisse^gir kin^ of • setaivity. n. 101, p, 49. um¥S«(@s OS QSEimom. creditor n^ay ^t at all, by attorney- B.. S, iSm, n. Vlt, P- 66- FIB8T MEETINO, notice of, to creditors; contents. B. §.$6032, p. se. register to preside; marshal to ma^e return of adjoamment. B. 8. S 6033 n. 64, p. 32. assignee to be elected' att K. S. § 6034, p. S2, n. 65, p. 33. SECOND MEBTINO, when to be called; assignee's report; dividend. B. S. § 5092. n. 120, p. 66. THIRD MBETINO, When to be called. B. S. S 6093| p. 5>i MEETINGS OF GBHDITOBS,(0ontln'dX OTBEB MEETINGS, second and third need not be called by assignee unless he has funds in his hands, n. 120, p. 56. omissipn of assignee, to call, others to- be 'held on order of court. B. S. J 5098, p. 56. no second or third n)eetings held in case 0^ apppintqient of trustees, u. 129, p. 69. meeting to consider [proposition for compositioii. B. S. § 5103a, p. 60. second and third, may be had on day fi^od for showing cause against dis- charge, when. d. XXV. p. 101. notice of such meeting. 0. XXT, p. 101. MiESSENGlSB, marshal to act as. B. S. § 5019, p. 16. BUSV^E BQOES, of all acts done by register to be kept ii( q\erfc's ofllce. B. 8^44998. p. 10- how kept by clerk. O. I, p. 93, convictipn of, a bar^o di^pharge- B- S. S5110, cljlOjP.<«». MONEYS, ^pw deposited and drawn trora. depps.- itpry. 6. XXVIII, p. 102. oppy of. rule f^irnjahad depositoiy* Bi- XXVIII, p. 102. MOKXaA&ESk assignee in possesion of mortgaged property entitled to rents until claim- ed, n. 68, p. 35. of certain chattels not invalidated by assignment in bankruptcy. B. S. § 5052, p. 40. of chattels not recorded, valid. It valid by the laws of the state, n. 82, ?.■ «• assignee may discharge lien of. E. S. § 5066, p. 45. ien of a mortgagee failing to prove bis claim not lost. n. 102, p. 49. MULTIPLICITY b*" Aemoss, in l&voluntary bankruptcy, where sev- eral petitions are filed, what to have priorityv O. XV, p. 9». ro V be cpoaglidated, when. O. XV, p.. 9«, N NEGLIGBNO&i of bankrupt a bar to disobavge, S6110,cl.2,p.67. BiS. INDEX. 133 NOTARY PUBLIC, may administer oath in Teriflcatlon ol schedule, a. 28, p. 16. may take proof ol claims. B. S. § 6076a, n. 108, p. 50. NOTICE, -ol bankruptcy how served and on whom. R. 3. § 8019, p. 16. to bankrupt of adjudication In invol- untary proceedings. B. 8. § B031, p. 28. to creditors, of bankruptcy, shall State what. R. S. § 6033, p. S2. of his appointment to be given by as- signee. B. S. § G0S4, t>. 40. assignee to receive before suit. B. S. § S056, p. 11. Exception, n. 86, p. 11. el assignee's sales, how piibliahed, etc. B. S. S06Sa, p. 13. et meetings of creditors. B. 8. § 6091, p. 66. of assignees' settlements. B. 8. § 6096, p. 66. «f applicatioti ior discharge. B. 8. § 6109, p. 67. «f application to annul discharge. B. S. § 6120, p. 7S. to creditors, requisites of. O. X I fl, p. 96. Of hearing of petition to redeem, per- form contract, compound claim, etc. O. XVII,p.99. partner refusing to join in petition against Arm entitled to. O. XVIII, p. 99. to assignee to show cause against re- moval. O. XIX, p. 99. notices under § 18, how served or sent. O.XXin,p. 101. -envelope to contain printed direction to return, etc. O. XXIII, p. 101. ol second and third meetings on day fCsed for showing cause against dis- charge. O. XXV, p, 101. of meeting to consider composition. O. XXXVI, p. 102. o OATH of office by register. B. 8. . 1996, p. 1*. includes "affirmation." B. 8. § 6013, p. 14. to schedule by petitioner, before what officer. E, 3. § 5017, il. 28, p. 16. -ol allegiance by petitioner in voluntary proceedings n^cessor^. E. S. § 6018, to petition in involuntary proceedings, by whom. B. S. § 5021, p. 21, n. 35, p. OATH, (Continued.) in support ol claim, may be adminis- tered by what officers. £. S. § 5076a, u. 10S,p. 60, §5079, p.51. in support of claim, to be made by whom. E. S. § 5078, n. 110, p. 61. lalse on part of bankrupt a bar to dis- charge. E. S. § 6110, n. 163, p. 67. final, of bankrupt before disohargA. B. S. $ 6113, n. 162, p. 70. 0FFICBB8, penalties against. E. S. § 6012, p. 13. of corporations to make proof in sup- port ol claim. B. S. S 6078, u. 110, p. 61. of bankrupt Corporations, ddtles. B. 8. 5 5122, p. 76. to have no interest in estate. B. S. § ei27a, p. 81. lees and emoluments ol. B. 8. § 5124, p. 79; §§ 5126,5128, 5127, 81270!, p. 80. reports ol to contain What ; penalties. E. S. §§ 61276, 5l27c, p. 81; §§ 5127 p. 98. PLEADING, a charge in the alternative that a, debtor is in contemplation of bank- ruptcy or insolvent is insufficient., n. 33, p. 22. petition in involuntary proceedings need not contain detailed statement of demand; should show it to be. provable, n. 33, p. 22. general stoppage o£ payment of com- mercial paper orci particular in- stance may be alleged, n. 3S, p. 22. discharge, how pleaded. E. S. § 5119»- n. 168, p. 72. in an action to recover preference what are necessary allegations, n.. 194, p. 87. assignee in suing need not allege rep- resentative capacity, n. 194. p. 87. PEAOTICE, filing of petition to be deemed com- mencement of proceedings. E. S. § 4991, n. 20, p. 19. if petition is signed by an insufficiency in number or value of creditors^ others may join. B. S. § 6021, p. 20. if sufficiency join matter to proceed^ otherwise to be dismissed. B. S, § 5021, p. 21. verification of creditor's petition. B. S. § 6021, p. 21. an order to show cause granted on an insufficient showing set aside ; aliaa issued, n. 33, p. 22. debtor's denial of facts stated in peti- tion must be verified, n. 47, p. 24. list of creditors filed in involuntary proceedings to be verified, n. 47, p.. debtor ordered to show cause ; enjoin- ed ; arrested. B. S. § 5024, p. 24. grounds for injunction; arrest; seiz- ure, n. 48, p. 25. warrant for arrest, seizure, etc., to be- prayed tor in a separate petition, n. 64, p. 26. service of petition and order to show cause. B. S. § 5025, p. 26. INDEX. 135 FEAOTICB, (Oontinued.) upon return of petition and order pro- ceedings dismissedi wben. B. S. § 602S, p. 26. "it the debtor cannot be found," means within the Jurisdiction ; corporation in hands of receiver, n. 55, p. 26. finding of the court as to number and amount, final, n. 56, p. 26. trial of petition. R. S. § 5026, p. 26. debtor failing to appear in involuntary proceedings adjudicated bankrupt by default. K. S. § 6026, p. 27. appearance waives irregularities of service, n. fiS, p. 27. evidence of debt may be withdrawn from flies, when. B. S. § 5082, p. 52. under application to annul discbarge. K. S. § 6120, p. 73. PEEFEEENCE, fraudulent, an act of bankruptcy, n. 32 (3), p. 22. making a fraudulent, by bankrupt a bar to discharge. E. S. §6110, cl. 4, 9, pp. 68, 69. fraudulent, by corporations. E. S. § 6122, p. 76. fraudulent defined; void. E. S. S 6128, p. 83; n. 186, 186, 187, p. 84, n. 188, 189, p. 86, 190, p. 86. amendments of June 22, 1871. u. 186, p. 84. may be recovered from person other than the one benefitted, n. 191, p. 86. actions to recover; jurisdiction, n. 192, 193, p. 86. miscellaneous rulings on. p. 195, p. 87. fraudulent by bankrupt, howpunished. B. S. § 5132, p. 88; n. 200, 202, p. 89. PEIOEITIES, (See Distkibution.) policy of the law to preserve, n. 68, p. 35. PBIOEITT OP ACTIONS, in involuntary bankruptcy ; what peti- tion shall be first heard. O. XV, p. 98. when court may order^consolidation. O. XV, p. 98. when petition may be amended. O. XVI, p. 98. petition against firm, what one first heard. O. XVI, p. 98. what may be amended. O. XVI, p. 98. PEOOBSS, how issued and treated. O. II, p. 92. signed blanks furnished to register. O. 1 1, p. 92. PEOOF OF DEBTS, (See Debts And Pkoof of Claims.) may be made before what ofilcers ; to be sent to register; revision. E. S. §§ 5076, 6076o, n. 107, 108, p. 60; E. S. S 6079, p. 61. may be made by whom ; In case of cor- porations. B. S. § 6078, n. 110, p. 61. register's duty with reference to ; to be sent to assignee. B. S. § 6080, p. 61. withdrawal of. n. Ill, p. 61. depositions, how entitled. O. XXXIV, p. 109. contents of. O. XXXTV, p. 109. delivered to register; his duties. O. XXXIV, p. 109. notices to creditors, how addressed. O. XXXIV, p. 109. depositions when claim is assigned before proof. O. XXXTV, p. 109. proceeding in case of the assignment of claims. O. XXXIV, p. 109. proof of claims of persons contin- gently liable, and allowance. O. XXXTV, p. 109. re -examination of claims; proceed- ings before register. O. XXXIV, p. 109. certifying issue to court; dismissal of issue. O. XXXIV, p. 109. PUBLICATION, of notice to creditors, of first meeting. E. S. §5019,p. 16. service of order to show cause, by. E. S. § 6025, p. 26. of notice of assignee's appointment. E. S. § 5054, p. 40. of notice of assignee's sales. B. S. § 5065a, p. 43. of notice of application for discharge. E. S. § 5109, p. 67. PUECHASE, of claim in good faith in order to join petition, valid, n. 34, p. 22. if void for fraud, assignee deemed owner, n. 34, p. 22. PUEOHASING ASSENT OF CEEDITOB, by banlLTupt a bar to discharge. E. S. § 6110, c). 8. n. 158, p. 68. E EEBATE OF INTEREST, allowed when debt is not due. B. S. § 5067, p. 46. EEOEIVEE. (See Assignee.) may be appointed by court when and for what purpose, u. 2, p. 3. should be appointed when. u. 52, p. 25. may carry on business under order of the court. E. S. § 5061a, p. 42. 136 INDEX. KECORD, (See Dockets.) bow kept; open for public inspection ; certified copies prima facie evidence^ E. S. § 1993, p. 10. wbat etiall constitute record in each case. O. Til, p. 94. EBDEMPTION, assignee may exercise tlie right of, or sell it, subject to order of court. R. S. § 6066, p. 45. assignee may release bankrupt's right of. B. S. § 6075, p. 48. by bankrupt, assignee or creditor, may may be had upon what proceedings, etc. O. XVII, p. 99. EE -EXAMINATION OF CLAIMS, proceedings before register; issue to court; Tiew, etc. O. XXXIV, p. 109. EEFEEENCE, may be made to register, to taike evi- dence. E. S. §0t03, 1). 13. in these rules tu suctions of original law, or to corresponding sections of revised statutes. O. XXXVII, p. 112. EEGISTEES IN BANKEUPTCY, by whom appointed. B. S. § 4993, p. 10. who eligible for. E. S. § 4994, p. 10. bond and official oath. E. S. § 4995, p. 10. restrictions upon. E. S. § 4996, p. 11. removal of, by district judge. E. S. § 4997, p. 11. powers of, E. S. § 49D8, n. 21, p. 11. limitations of powers of. E. S. § 4999, p. 11. to make memoranda of his proceed- ings and to flle copies in the clerk's office. £. S. § 600O, p. 11. to attend at any place in the district under order of the court for certain purposes. E. S. § 5001, p. 12. to have powers of court, except com- mitment when so attending. E. S. § 5002, p. 12. evidence taken before. E. S. § 5003, p. 12. all evidence and proceedings before, to be reduced to writing and filed in clerk's office ; oath administered by. B. S. § 6004, p. 12. may compel attendance of witnesses. E. S. 5 6005, p. 12. contempt before, to be referred to dis- trict judge and punished how. B. S. § 5006, p. 12. contempt before, by bankrupt's wife punishable, n. 22, p. 1!!. in the same district may act for each other. E. S. § 6007, p. 13. EEGISTEES IN BANKEUPTCY. (Con- tinued.) fees of, how established ; paid by whom. E. S. § 6008, 11. 23, p. 13. issues of law or fact arising before, to be adjourned into court for decision. E. S. § 6009, n. 24, p. 13. to certify a point or matter arising be- fore him to district judge for deci- sion. B. 6. § 6010, n. 25, p. 13. penalties against, for taking illegal fees. E. S. § 5012, p. 13. to issue warrant on voluntary petition, when. B. S. § 6019, p. 16. to preside at meeting of creditors. B. S. § 5033, n. 64, p. 32. to appoint assignee, when. B. S. § 6034, p. 32; n. 65, p. 33. to pass upon proof of claim and for- ward it to assignee. E. S. 5080, p. 61. fees of, have a priority. E. S. § 6124, u. 184, p. 79. traveling and incidental expenses of. E. S. § 6125, p. 80. justices of supreme court may pre- scribe a tariff of fees of. E. S. § 6127, p. 80. fees of , reduced ; must not be interested in the estate. E. S. § 6127a, p. 80. reports of, to clerk of supreme court. E. S. § 5127c, p. 81. penalties against. E. S. § 5127/', p. 82. papers referred to, when. O. IV, p. 93. what proceedings had before. O. IV, p. 93. order to name day of bankrupt's at- tendance. O. IV, p. 93. register to protect bankrupt from ar- rest. O. IV, p. 93. order, how delivered to register. O. IV, p. 93. time and place of acting. O. V, p. 93. may perform what acts. O. V, p. 93. to proceed with dispatch ; not to ad- journ, but for cause. O. VI, p. 94. six hours a day's sitting. O. VI, p. 94. to examine petition and schedules and note deficiencies. O. VII, 94. duty of, as to endorsing, filing and pre- serving papers. O. VII, p. 94. orders made by, must recite what. O. vm, p. 94. motions heard as by consent, when. O. vm, p. 94. orders, how reviewed before district court ; costs of review. O. VIII, p. 94. to notify assignee of appointment. O. IX, p. 95. INDEX. 137 KEGISTBES IN BANKKUPTOT, (Oon- linued.) mode of taking teBtimony in proceed- ings before. O. X, p. 96. memoranda of acts of register for- warded to clerk. O. XI, p. 96. to certify issues to judge for deoiaion. O. XI, p. 96. pendency of issues not to delay pro- ceedings. O. XI, p. 96. to keep accounts of expenses. O. XU, p. 96. and make returns on oath. O. TCTT, p. 96. to hear exceptions to assignee's re- port, setting off exempt property. O. XLX, p. 99. to furnish creditor with substance of assignee's monthly return. O. XIX, p. 99. to notify assignee of proceedings for removal. O. XIX, p. 99. to audit account of assignees. O. XIX, p. 99. to keep accounts with clerk and as- signee. O. XXVm, p. 102. to keep register of checks. O. XXVIIl, p. 102. to countersign checks. O. XXVUI, n. 102. fees of, to be paid or received in ad- vance. O. XXIX, p. 108. schedule of fees and allowances of. O. XXX, p. 104. proofs of debts delivered to. O. XXXIV, p. 109. lee paid in advance. O. XXXIV, p 109. duty when proof of debt is received by mail. O. XXXIV, p. 109. bow to address notices to creditors. O. XXXrv, p. 109. duty incase of assigned claims; no- tice and subrogation. O. XXXIV, p. 109. proceedings before, as to re-examina- tion of claims. O. XXXIV^p. 109. to preside at meeting called to con- sider composition. O. XXXV, p. 110. form of annual report of. p. 116. EEMOVAL OF OPriOBES, of registers. B. S. § 1997, p. 11. of assignees. B. S. §5036, p. SSj §3039, n. 66, p. 134. EEMOVAL OF PKOPEETT, by bankrupt a bar to discharge. E. S. §6110, cl. 4, p. 68. by bankrupt, penalty for, B. S. § 6132, cl. 2, p. 88. BENT, falling due at stated periods, how proved. B. S. § 5071, p. 47. landlord's lien for. u. 96, p. 47. assignee liable for, when. u. 97, p. 47. EBPOETS OF OFFIOEES, of assignee, to contain what, made when. B. S. § 60656, p. 44. of marshal, annual. E. S. § 61276, p. 81. of register, annual. B. S. J 61276, p. 61. of assignee, annual. B. S. § 6127(2, fp. 82. of clerk, annual. B. S. § 6127e, p. 82. penalties tor failure. S. S. § 6124/; p. 82. forms of. p. 113, EESIGNATION, of assignee. B. S. § 5038, p. 34. EEVIEW, by district court of orders of register. O. Vm, p. 94; O. XI, p. 96; O. XXXIV, p. 109. costs of same. O. Vm, p. 94. BEVISED STATUTES, references to bankrupt act to be deem- ed to correspond to original section of revised statutes. O. XXXVII, p. 112. EULES, to be made by supreme court. B. S. § 4990, p. 9; § 6127o, p. 80. of practice in equity to govern, etc. O. XXXn, p. 108. at law. O. XXXII, p. 108. special rules; modiflcation of rules. O. XXXII. p. 108. S SALE, assignee to sell incumbered estate subject to order of court, E. S. § 6062, p. 42. creditors, applying for a resale must fulfill offer to bid. n. 88, p . 42. of disputed property. E. S. § 6083, p. 43. disputed property in hands of claim- ant can not be sold. n. 89, p. 42. of uncollectible assets. E. S. § 5061, p. 43. of perishable property. B. S. § 6066, p. 43. of assignee, to be at auction; notice of. E.S. §5063, p. 43. of incumbered property, n. 102, p. 49. secured creditor may apply for, of se- curity, p. 104, p. 49. 138 INDEX. SAIiE, (GontinuedO by aesignee at private salCi O. XTT , p. 101. ol franoUse ol oorporatlen. O. XXI, p. 101. of perishable property, by order of court. O. XXII, p. 101. SCHEDULES, of petitioner in voluntary proceedings. E. S, § 5015, p, 15. may be corrected. E. S. § 5020, p. 17. corrections of, not allowed after first meeting of creditors, n. 29, p. 17. and inventory to be verified. E. S. § 5017, n. 28, p. 16. and inventory in Involuntary proceed- ings. E. S. § 5030, p. 28. : prepared by marshal and assignee, when. E. S. § 5031. p. 28. false verification of, a bar to discharge, E. S. § 6110, cl. 1, p. 67. omission of creditor's name from, with creditor's consent not fraudulent, n. 163, p, 67. of bankrupt's debt, when and how to be prepared bv marshal. O. XHI, p. 96. to be furnished by opposing partner, when co-partnerflles petition against firm. O. XVin, p. 99. debtor to explain omissionsin; amend- ments 10. O. XXXni, p. 108. SECOND BAJSTEBUPTCT, debtor not entitled to discharge unless assets pay 70 per cent, of debts proved. E. S. § 6116, n. 163, p. 71. SEIZURE, warrant of, when issued. E. S. § 6024, p. 24, n. 53; p. 26. SEEVANT. wages up to $50 have priority. E. S. § 6101, cl, 4, p. 57. SET-OFF, claim against bankrupt can not be set- off against goods purchased of as- signee, a. 88, p. 42. what are allowed as. E. g. § 5073, p. 47. claim of stockholder; of bailee, n. 98, p. 48. of transferred claims, n. 99, p. 48. STATE COUETS. jurisdiction of, not divested by adjudi- cation in bankruptcy, n. 3, p. 4. juriBdiction of, to recover fraudulently conveyed property, n. 4, p. 4. can not grant injunction restraining person from applying for benefit of bankrupt law. n. 5, p. 4. STATE COUETS, (Continued. jurisdiction not divested by filing pe- tition In involuntary proceedings, n. 49, p. 26. suits in, do not abate on adjudication n. 80, p. 39. action in, to enforce lien;stayed. n. 106, p. 60. composition proceedings conclusive upon. n. 141, p. 63. judgment by default against bank- rupts in. n. 169, p. 72. proceedings in, against corporations. E. S. § 6123, p. 77. jurisdiction of, in actions to recover preference, n. 193, p. 86. STATEMENT OF DEBTOE, to be presented at composition meet- ing. E. S. § 5103a, p. 60. STATS, of suits against debtor in state court. E. S. § 5106, p. 65 ; n. 150, p. 66. SUEBTIES. not released by composition proceed- ings, n. 113, p. 63. not released by discharge of princi- pal. E. S. § 6118, p. 71. T TAXES, on estate in hands of assignee to ther state, u. 125, p. 67. due United States. E. S. § 5101, p. 57. TEMPOEAET INVESTMENTS, court may order, of money in hands of assignee. E. S. § 5060; p. 41. TEBEITOEIAIi COUETS, (See Couets- OP Bankruptot. TESTIMONY, (SEE EvrDENCB.) how taken in proceedings before re- gister. O. X, p. 95. objections to, on trial of fact of bank- ruptcy before marshal. O. XXXV, p. 110. TIME, computation of. B. S. § 6013, n. 26, p. 14. TITLE, of property conveyed by assignee not affected by his ineligibility, E. S. § 5036, p. 33. vest In remaining assignee or succes- sor in case of vacancy. E. S. § 5042, ■p. 84. of assignee relates back to the com- mencement of proceedings, u. 67. p. 35. assignee takes only such as debtor had n. 68, p. 36, of trustees. E. S. § 5103, p. 69. INDEX. 139 TEANSPEB or PKOPEETY, fraudulent, deemed TOid. B. S. § S129, p. 87. TRIAIi, of creditor's petition, sammory; debt- or may demaiid jury, B. S. § S026, p. 26; n. 67, p. 27. TEIAL BEPOEB MAESHAl, trial of laot of bankruptcy before mar- shal; mode of selecting Jnry; chal- lenges. O. XXXV, p. 110. penalty for juror tailing to serve. O. XXXV, p. 110. notice and' conduct of trial; subpcenas to witnesses; objections to testi- mony; pleadings; evidence: vetixrt de novo. O. XXXV, p. 110. TEUSTEE, appointed to take charge of the estate. B. S. § 6103, p. 68. conveyances to ; duty and powers of. B. 3. § 6103, p. 69. it resolution is not approved. B. S. § 6103, p. 69. no meetings of creditors necessary, u. 129, p. 69. surrender of bankrupt's property, when made to marshal. O. XTTT, p. 96. marshal to deliver to, when. O. XTTT, p. 96. TEUST PEOPEBTT, a devise in trust free from claims of creditors does not pass to assignee. n. 63, p. 35. held by bankrupt does not pass to as- signee. B. S. 6053, p. 10. identity of. n. 83, p. 10. u TJinON PACIFIO EAILBOAD COM- PANY, bankrupt act not applicable to. B. S. § 5123a, p. 73. TJKITED STATES. debts and taxes due to. B. S. $ 6101, n. 127, p. 57. debts due to, not released by discbarge, u. 167, cl. (1), p. 72. V "VAOANOT, in office of district judge. B; 8. § 4977, p. 5. in office of assignee, bow illled. B. S. § noil, p. 31. "VENUE, petitions filed in different districts, where heard. O. XVI, p. 98. VOLUNTARY BANKBUPTOY. unopposed adjudication in, by register. E. S. § 6001, p. 12. a lunatic may flle petition by his guard- ian, n. 30, p. 2i: discharge of bankrupt in. B. S. § 6112a, p. 69 ;n. 161, p. 70. of partnership, n. 173, p. 75. . w WAGES, due certain employees up to $60 hav& priority. B. S. § 5101, p. 67. WAERANT IN BANKKTJPTCY, issued when; to whom directed; to contain what. B. S. § 6019, p. 16. of seizure, issued when. B. S. § 6028„ p. 28. what property subject to seizure un- der, u. 62, p. 28. may direct property to,be surrendered to marshal, when. O. XIII, p. 96. special, may be issued. O. XIII, p. 96. WASTE, of estate by bankrupt a bar to dis- charge, B. S. § 6110, cl. 2, p. 67. WIPE OP BANKBUPT, punishable for contempt, n. 22, p. 12. may be examined. B. S. § 6088, p. 61. WITNESSES, attendance of, before register. B. S. § 5003, p. 12. before register; contempt. B. S. i 6006, p. 12. contumacy before register. B. S. § 5006, p. 12. competent to prove claims._B. S. § 6078,. n. 110, p. 61. attendance of. B. S. § 6087, p. 53. priyeleges of; assignee may be sub- poenaed, n. 118, p. 61. examination of, before register. O. X, p. 96. proceedings in case of refusal of, to attend or testify. O. X, p. 95. fees and expenses of, to be tendered. O. XXIX, p. 103. what fees allowed. O. XXX, p. 101. WORDS, meaning of. B. S. § 6013, p. 11. WRIT OP EEEOE, from district court when allowed and to whom. E. S. § 1980, p. 6. not allowed in cases tried without jury. n: 10, p. 6. conditions of. E. S. § 1981, p. 7. no question of fact re-examined on. u. 12, p. 7.