RULES OF THE SUPREME COURT /

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u.., s . .s....&._~.(~ . -v~· - RULES OF • THE SUPREME COURT • OF THE UNITED STATES • ADOPTED JANUARY 7. 1884 AND THE RULES OF PRACTICE FOR THE CIRCUIT AND DISTRICT COURTS OF THE UNITED STATES IN EQUITY AND ADMIRALTY CASES AND ORDERS IN REFERENCE TO APPEALS FROM COURT OF CLAIMS • / -. , WASHINGTON GOVERNMENT PRINTING OFFICE , 1910

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• INDEX TO RULES OF THE SUPREME , COURT. Rule" Sec. Pago. Adjournment .... ...... .. . . .. ...... .. ...... ... ... . ... ...... 27 - (2 Admiralty, record in .... ...... .. . .... .. ... .......... ... .. . 8 6 29 Appearance of counseL .... ___ . .. ..... . .. •. .... . . . . . . . . . . . 9 3 SO for plaintiff, no .. . ... .. ... ... ............ ... . . 16 S6 defendant, no . . _.. . .. . . .... . ..... . . ... . . . . 17 35 either party I DO •••••••••• . • • ••••• • •••• _. _ ••• 18 35 Appeals in cases invol ving jurisdiction of circuit court . . . . . _ 32 44 under act 01 March 3, 1891. .... .......... .... .... . . 36 (6 Algument, omL. . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 38 order 01.. . .. . ... . . . . . .. . . . . . . . . . . .. . . .. . .. . . . .. 22 1 38 time allowed for •.... ......... .... ... . . . .. . . _. .. 22 3 S8 on motions . . .. . .. ....... . .. " _. 6 2 26 printed .. . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 20 26 submission on ....... . _.. ... . ... . ... __ . _. 20 1 36 not received after submission. _..... ...... 20 4 36 Aasignment of errors ... . ...... .••.••... . . • . .. .. • . . .. . .. _.. 21 2,436,37 under act 01 March 3, 1891.. .. . . . ....... 35 1 45 Attachment for clerk'a fees .......... . . .... ........ 6 • • • •••• 10 8 31 Attomeye, admi88ion of.. .. .. .. . . ... . .. . . . . . . .. . . .. . . . . . . • 2 1 25 oath 01.... . . .. .. .. . . . .... .. . . . .. . . . . . . .. . . .. . .. 2 2 26 Bail, when and how grapted ...• ...• . ... . .. . .... . . .. ... . ..• • 36 2 46 Bill of exceptions... . . . . ...... . .. . . . . . . .. . .. . ... ..• .. ...... 4 26 Briefs .... ....... .. .... ·. . . .............. . .... . . . . .... .. . ... 21 36 contents of. .. .. .. . . ... .. .. . .. ......... . ... .. ........ 21 2 36 time for filing by plaintiff in error or appellant .... ... . 21 1 26 defendant in error or appellee . ....... 21 3 ~ form of printed .... ......... ....... ..... ....... . .. ... 21 36 not received after a.rgument . ..... .... .... ... ........ 20 4 36 • Cases involving same question may be heard together ....... 26 8 42 passed, bow restored to call.. . . . .. . . . . . . .. . . . . . . . . ... 26 9 42 dismissal of, in va.cation ....... . .......... . . .......... 28 42 Certiorari . . ........... . .. .. .. .. .. . ..... . .. . ... .. .......... 14 SS Circui t courf.8 of appeals, cases from, etc .. ..... ..... 36 and 37 46 Citation, service of....... . . .. . .. . . . . . . . . . . .. . . .. . . .. . . .. . . 8 5 29 Clerk .............. .... . .............................. .... 1 2li Clerk's fees, table of. .. ..... . .... .. . ........... ........ ... 24 7 89 attachment for . . .. ....... .......... ... . .... ... 10 8 31 Conference-room library .............. ... ... . ...... .. .... __ . 7 3 28 Costa of printing record ....... . ........... ____ . . ... .... ... 102,6,730,31 how taxed ........ . ... . . . . .. .. .. .. .. .. .. .. .. .. . . .. . .. 24 39 none recoverable in casee where U n1 ted States is party. 24 4 39 3 I

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4 INDEX TO R ULES OF THE SUPREME COURT. RuJoll. Sec. Page. Counsel, admission of . . . _........... . . . . .• . . . . .. . .. . • . . . . . . 2 1 25 " -. appearance of ... . ......... _..... ___ . . _, .... ___ ... 9 3 30 no a ppearance of. . . . ..... _. _.. _.. _.. _.. •. . .. . . . _.. 18 35 two only to be beard on argum ent. ____ . _..... . .. __ . 22 2 38 t ime allowed for argument .. ___ . .. _.... .. . . • ... _.. 22 3 38 " motioos ....... _.. _. . . . .. . .• . . . . . . 6 2 26 Custody of prisoners on habeas corpus .. ___ . __ ., _. ..• • __..... 34 44 Damages lor delay . . ....................... . •• .•• . . . . ....• Z3 2 38 Defendant, no a.ppearance or.. _. _. _. _.. _... . ... . . .. . ....... 17 35 D ...th of • party ............. . ................. . .. .. . .... ' 15 33 defendant in error or appellee after j udgment in lower court . ............. _................. ___ 15 3 34 Diamiasal in vacation. ________ . ___ ..... . . _. __ . __ . ___ . ___ .. 28 42 Docket ing cases . . . . ... . . . . . ......... _..... _. . . ....•. . . . .. . 9 29 b y plaintiff in error or a ppellant ....... . .. . . . .... 9 1 29 defendant in error or a ppellee... . . . .......... 9 2 29 Docket , call of .. . . . ..................... . .. . ............. 26 41 da y-call ............................... . .. . .. . . . ... 26 2 41 Errors, assignment of . .. ... . . . ... . .. . .....•.. . ..•.. . ....... 21 4 37 specifi cation of .............•.. . ..•..•............. 21 2 36 (\ E vidence, n ew, bow taken ..... . .... .. ..... .... . . ..•....... 12 1 32 inadmiralLY····················· ·· . · ······ 12 2 32 in the record , objections to ..... ... . ............. 13 33 EXC'eptioll.8, bill of .............. . . . .. . .....••.. . ....... . .. 4 26 Exhibits of materiaL ...................................... 33 44 Fees, tabl eof clerk's . ................... . . . ... .. .......... _ 24 7 39 a.ttachment for . . . .. .............. . ..... . ..........•. 10 8 31 security for .................... ........ ... .. . .. ...... 10 1 30 Ha.beaa corpus, custod y of prisoners on ............. .. .... " 34 44 I nteree:t ...... . ... .......... . .......... ....• ............. . 23 38 in admiralty_ ..... _.... . ............•............ 23 4 38 in equit y ..................... ...... . .... . ....... 23 3 38 a.tlaw ....... •........... .... ..•...•..... ....•.. . 23 1 38 u nder act of March 3, 1891. ............. __ .. ...... 38 47 J uriAd iction-casee in volving circui t court . .....•... ... . .... 32 44 Low Iibnuy. . ......... . . . . . . . . ... . . . . . . . .. ... . ... . . . . . . . .. 7 27 mode of obw.i ntng books from, by counsel. . . ••. 7 1 27 clerk to depoe.it records io . ..... ............ ... 7 2 28 of conference-roow.......... .... . ........ ..... 7 3 28 .\ ~ Manda""' .. . ... . . . . . .. .. . .. . .. • ............ . .. . . . _• . . . . .... 39 47 lfAOdate in ca&e d ismissed ................ .. .............. _ 24 5 39 in vacation ...... ..... ........... . 28 42 llotlolll..................... ... .................. ......... 6 26 to be in wri ling.. .. ...... ...... ........... ..... .. . . (j 1 26 notice of •• .. •...... .... . ...••• ..... ..........•.•. 6 3,426,27 time allowed for argument.. ........ ............ .... 6 10 affirm .... .. . ......... ..•.•.••.•.••• _. . . . ••.. . .• . 6 2 26 5 27 •• to dilmu.... ... ..... .. ...... . . . ... . . .. . . ... ... . . . . 6 4 27 DOtice and eervica 01 briela. .... ..... ......... ..... 6 4 27 'I. .

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INDEX TO BULES OF THE SUPREME OOU BT. 5 RuJoa. 800. Page. M.otioDs,8ubmissionof .••. __ .• __ .. . . ... _____ ..•.•.. __ . . . __ 6 4 27 toadvance ... __ . ................. ___ . ... .. ....... 26 6 41 casee once adjudicated .. _...•.•..... ____ 26 4 41 criminal cases ....... ... . .. ..... •.. ...... 26 3 41 revcnuecases ... _.... . . . ....... .. ... __ .26 5 41 cnaea involving jurisdiction of circuit court .. . __ . . . .... ... __ . ___ ............ 32 44 , Motion-day __ ........ __ .. . ... . .................. . ...... . . _ 6 6 27 Opinions DC the Supreme Court . ....... .. . . _.... . . __ . , _. _... 25 40 court below to be annexed to record _____ . __ 8 2 28 Original papers not to he taken from court room or clerk's office. ________ .. .. . .. ___ ... ____ ____ .... _ 1 2 25 fromcourtbe1ow ....... __ •••..... ......... 8 4 28 Parties, death of. ..... . ... . . . ... . ... _______ .. . ....... . .. __ 15 33 Plaintiff, no appearance of. .................. ........ . .. ... 16 35 • Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 25 Process, form of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 26 service of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2, 3 26 R ecord _______ .. __ . __ .. ____ -0 •• ________ _ _ ... _ 8 ______ . . __ __ 28 returnof ...... .. ......... . .... . . . ............ . . .... 8 1 28 to contain all necessary papers in full ........ . . . . .. . 8 3 28 opinion of court below...... . ....... . .. . . . 8 2 28 • tranalo.tioDB of papers in foreign language . . 11 32 printed under supervision of clerk . . . .. .. ... .. . ... 10 5 31 printed form of. ................ .. .................. 31 43 printing parts of .... ................................ 10 9 31 costoL __________ ____ __ .. ________ .. __ .. _.... _______ 10 2 30 certiorari for diminution of........ . ....... .. ....... 14 33 inadmiralty cases ____ ... ____ ___ _____ . __________ ... _ 8 6 29 in cases coming up under act of March 3, 1891 .. . . . . 37 46 how printed ____ ______ .. _________ .. ______ ___ ___ ___ 35 2 45 R ehearing. . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30 43 R epresentatives of deceased parties appearing ............. .. 15 1 33 not appearing ........... 15 2 S4 Return to wri t of error ...... ... ... . ..... . ................. 8 28 day .. __ ______ .. ______ __ . _____ ____ ________ ___ .. ____ 8 5 29 Revenue cases advanced on motion ...... ....... ... ........ 26 5 41 Second term, neit her party ready for trial ....... . .......... 19 35 Security for clerk's fees . . . ............... . ........ .. . ..... 10 1 30 Subpcena, service of.. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . 5 3 26 Supe..ooeas _______ -0 _______ _ _ _ _ ___ _ •• ___ _ _ __ __ • _. ___ • _____ 29 43 Translations ............... . ..... ' ....... . . : ....... . .. . . . . 11 32 • Writ of error, return to.................................... 8 28 in cases involving jurisdiction of circuit courts . 32 44 und er act of .March 3, 1891. .......... . . ... .... 36 46 Order in reference to appeals from Court of Claims.. . . . . . . . . 48 Equity rules ____ .. ________ ___ .. -. - - - -- - - - - - - -- - - -- -- -- - - -- 51 Admiralty rulcs_ .. __ __ .. ___ _.. - - - - -- - - - - - -- - - - -- - - -. - - -.. . 83 1 -

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INDEX TO EQUITY RULES. R.... p .... Abatement, bow 8uite may be revived on a.batement by death of either party . . .... .... _........ ... . .. ......... . 66 68 Accounbl, how same produced before master .......•....... 78 77 Affidavit of defendant to accompany demurrenl or ple9.8 . . . . 31 60 Affirmation , when to be made in lieu of oath .. . ... ....... . 91 80 Amendment, genera) provisions respecting bills ........... . 28-30 69-60 when plaintiff may amend , as matter of COU1'86 • •••• • • • •••••••• _ •••••••••••••••••• _ 28 59 after answer, plea, demuncr, or repJication .. 29 60 when amend ment shall be deemed a.bandoned 30 60 of bills by leave of court when matter alleged in answer makes amendment Decessary .... 46 66 plaintiff not entitled as of couree to amend where be proceed8 to a hearing, notwith- standing objection for want of partics taken by answer . _. ........... .... .. _.....••••. 52 66 when answel'B D:Uly be amended .. . ... .. . . ... . 60 69 Answers, filing of. ...........•.. . .......••. " ........... . 1 51 taxable C08ts for ............... . .. . . .. .......... . 25 58 general provisions respecting ......•....... _..... _ 39-46 62-65 88 to contents of. " ...... ..... . 39-40 62-63 provisions as to answer of defendant where com- plainant waives answer under oath............. . 40 63 to certain interrogatories in hill . . . ... . . . .. . ..... . . 40 63 effect of dofendant declining to answer interroga~ tories ........ . _..... ___ .... .. _. _.. __ .. _.. . ... . 44 G4 provisions as to supplemental .................. _.. 4.6 65 before whom verified . _............... _...•. . ... 59 69 how and when amended ....... ... . ..... . .•.... _ 60 69 general provision as to exceptions to .. __ ••.•••.... 61-66 69- 71 time for filing exceptions to .. ..... .. .. . ....... .. . 61 69 p rovisions for costs where separate a.nswers are filed by same solicitor .. _.............. .... _.. 62 70 hearing exceptions to a.nswer for in.su.fficiency . ... . . 63 70 proceedings when exceptions to answer are allowed on hearing .. . ............ _.... ...... . G4 70 proceedings when exceptiona to answer are over- ruled . . ..... . . . ........ - ......... ·_- ....... _- 65 71 where answer to original bill shall be made before original plaintiff can be compelled to answer cross bill ... . .. .... •.•.. - .... .. . , ...... ..... .. . 72 76 7

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8 INDEX TO EQUITY RULES. Role. Page. Appeals, provisioDs as to suspending or modifying injunc- tioO! during the p endency of an appeal . .. . . . . . . ..•.. •••• P3 81 Appearance, when defendant must appear ....• ... .. .. . . . •. . 17 65 .' Argument. (Su Bearing.) Attachment, provisioDs 38 to writ of. .... . . ..•. . ... . .•.. .... 7 53 . attachment after final decree .......•. ...• 8 63 when writ ofl a.ttachment to issue to compel defendant to make a better answer to the matter of eJoceptions . . _.. •. . ... ...... . . ..•• 04 67 by master for his compenso.tion . .... _. .. •• . •.•. 82 78 Bills. filing of . •. .... .... . . . .... ...... .. .... . ......• .. . ... 1 51 wheu bills DULy be taken pro con/UfO Qgainst tbe d~ iendant, and proceeding thereon .....•• _. . •• 18 56 decree may be entered when bill is taken -pro WTl/U80. _. _. _ . _. ___ • ••• • ••••••• _ ••• • • •••••• 19 56 general frame of .... .. .. _. ... . .. . ................. . . 20-25 57-58 commencement and ending of. ........... . .. . ..... _ 20 57 provisions as to contents of. .. .. .... . ... . .. ..... . .. . 21 57 respecting necessary or proper parties ........ . 22 57 prayer in .• . .•. .. .... . ..•........• . • 23 58 how signed by counsel ....... • . • . .. . ..•...... . . .. . . 23 58 • taxabl e costs for .................. . .. .... . .. ... . .. . II6veral provisions as to scandal and impertinence in . 26-27 58-59 gGneraJ provisions as to amendment to .. . . . .. . . .. .. . 28-30 59-60 25 58 .. provisions as to interrogatories in the interrogating part oe .......... .. . . .. . ... .. .. .. . ... .. .. ...... . . 41-43 63-64. amendment 0(, by leave of court when matt-cr olleged in answer mak es amendment necessary . . . .... . . . 45 65 genera1 provisions as to parties to . .. . . ... .. . . . . .... . 47-63 6&-67 nominal parties to . . .. . "" " 54 67 brought by stockholders in a corporation ngninst the corporation and oth er parti es; how veri6ed, and what allegations must be contained therein . . ••• . . 94 81 Dille of revivor, general provisions as to same . . ... .. ... ..•• 56-68 68 contents of. _..... . ............•• •.•..• •. .. 58 68 Certificate of couDsel to accompan y d emurrers and l)leo.a . . • 31 60 Circuit. COUrQI always to be open for certain pUrp06C8 •••• •• 1 51 provisionBlUI to the making of rules by j udg~ therool . •.. . . . .. . . .. . . . . .•••••..•• ... . .• 89 80 Clerk, duties oJ Mme . ..............••. •.. .... .. .. • . ...•. . 2 51 to enter motions, rulee, orden, etc., in order book .•• 4 52 certain motion! and appHcatiolUl grantable o( course by clerk .•. . .•. •. ..• . .... .. ...••• •.••••. ... . • ••. Ii li2 Clerk'. office, proViaiOWl as to same .. ... . ....... ...... ... . 2 51 _. ('mnmiwionerl for talriog i.('t!'titnony, how to be named .••• • 67 71 h ow witn ee&ee may be compell ed to appear b efore them and tcetiIy ....... . ......... . . 78 77 •

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INDEX TO EQUITY RULES. .', Commissions, iseuing and return of .... . .•.... . ..... . ..... when and how to 168U6 • • • ••• • • • •••• • •• • • •• • • • provisions 8 S to publicat.ion and opening Rule. Page. 1 67 51 71 same in clerk's office. _____ . ___ . _... . __ . _. 69 74 '. Corporations, bills brought by stockholders in a. corporation against the corporation and oth er parties, h ow verified and what allega.tions must be contained therein. _. ________ .. 94 81 Costs, where separate answers are filed and the same solicitor is employed for two or more defendants ... 62 70 provisions for payment of, when exceptions for (rivo- ... loUB causes or dcla.y are filed to ml:lSter'8 reporL . _. Counsel . signature of, to be affixed to bill , provisions as to 84 79 same ................. . .... . ..... ... . ..... .••. .... ..... 24 58 Cross bill, provisions as to same ... ___.. ... . . .... . .. . .. .. . 72 75 Death, how sw ta may be revived on death of either party .. 56 68 •• De bene use examination, when and how sa.me may be taken. 70 74 Decree, provisions as to entry of decree when bill is pro • C01iff1JSO against the defendant ... . . . .. . . ..... . . . . ]8-19 56 for an account of the personal estate of a testator or intestate on reference to master, ctc ............ . 73 75 corrections of clerical mistakes in . .. ....... ....... . 85 79 contents of. .. . ............... ' ................. . S6 79 •• what th e decree in a awt for foreclosure of a. mort· gage may provide for . ..... . .............. . ... . 92 81 Default of d efendant, proceedings that may be taken thereon IS 56 , .- when d ecree may be entered and bill taken pro confesso . ....• . .............. . ... . .... . ........ 19 56 D efendant, when he muat appear ...... . . .... ...... . . ... . . 17 85 biUs may he taken pro conjesso against defendant, and proceedings tbereon . .. 18 56 d ecree lDa.y be entered and bill tak en pro confesso against t,he defendant ......... . 19 56 .. Demurrers, general provisions as to ...•.. . .......•...••••• 31-38 60-62 to be accompa.nied by certificate of counsel, etc., provisions respecting ....... ............. . .. . 31 60 to what d efendant may demu r . . .. ....... . ..... . 32 61 proceedings by plaintiff ou demurrer . . . ...... _ 33 61 provi sions as to case where d emurrer is over- ruled ...... .. _..... ... _.. ......... _....... . . 34 61 >, 35 61 provisions as to case wh ere demurrer is allowed .. where demurrer will not be overrul ed .... _.. ... 36,37 62 effect of not setting down d emurrer for argument at certain time ............... . . .... _...... . 38 62 time when demurrer is to be Bet down {or argu· •.' ment . .. . . . _.............. - ........ .. . .. .. . 58 62 D epoeitions, how taken when evidence is to be ta-ken orally . 67 71 testimony is to be taken by d eposition according to act of Congress . .. _.... . ... . G8 74 ' 7' \,

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10 INDEX TO EQUITY RULES. Rule. p~ Depositions, provisions 88 to publication and opening of 8IlJlle in clerk 's office ..... . .... .. .... . .......•......•.• 69 74 Discovery I provision as to the filing of a cross bill fo r . ... . . 72 75 DiBmisaal l when bill shall be diBmisscd . ................... . 38 62 court may dismiss a bill where plaintiff p roceeds • to a hearing. notwithstanding objection (or want of parties, taken by answer .. _. _. _. _. .. . . 52 66 • of suit for [ail ure to tile replication .... ___ ... __ . . 66 71 - j (" Evidence, how taken down before master in certain cases .. 81 78 Examination , how to take and return d epositions of wi toesses examined orall y ... ..••.. _..•..• . •••. . _. _. _•. _••.• •.. __ 71 Examiner, how witnesses may be compelled to appear •• before him and testify .. . . ... .. . . . • . . . ... __ ... •.• . • __ .. _ 78 77 Exceptions, provisions as to exceptions to bills for scandal and impert.inence .. .. . .. . ... . . . . . ..... . _.. . 26-27 58-59 hearing exceptions to answer for insufficiency .. 63 70 proceedings when exceptions to answers are allowed on hearing ....... _.... ....... ... • ... 64 70 • to report of maeter, time of filing exceptions t.hereto, and confirmation of report if no ex· ceptions are filed ..•........ _. .......... . . . . 83 78 provision8 to prevent the tiliog of exceptions to reports for frivolous causes or delay ........ . . 84 79 .\ Execution, writ of, provision as to same .• ...••. .•. .••...•. 8 63 }'iling of pleadings, etc . _.... . . .... . ... .•.. •... . ......... . 7 53 Foreclosure, what the decree in a. suit for foreclosure of a mortgage may provid e for _... . ... .. .. .. ....••...... • ... 92 81 • GuardianB ad litem., how appointed •..... . .... .... . .... . . . . 87 79 Hearing, case when defendant, by answer, suggests that bill is defective for want of parties ..... _. .... ... ' " . 52 66 proceedings for bearing where exceptions are filed

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INDEX TO EQUITY BULES. 11 BoJe. Page.. Issue, suit when deemed at isaue . .. . ... . ................ . 66 71 Judges, provisions 88 to granting orders, etc., by judges of circuit court in vacation and term ............ .. .. .... .. . 3 51 Marshal, provisions as to service of process by . .. .... . . .... . 15 55 Master, general provisions as to reference to and proceedings before them . ................... ____ . _. _. ___ ... . 73-82 75-78 reference to, if any decree for account of personal es- tate of a testator or intestate .... _.. . 73 75 when to be brought on for bearing .. .. . 74 75 proceedings on reference before . . . .••.... . ..... . .... 75 76 what report of master, on re1erence before bjm shall contain . ..... . __ ..... .. ............. _.. . _.. . _.. 76 7G power of same on reference ...... .. __ . __. __ .... . . . . 77 76 h ow witnesses may be compell ed to appear b efore him and testily on reference ....... ............. . 78 77 form in which accounts shall be produced belore him .. _. __ . __ __ ___ . . _.. ..... ..... ____ . ______ .. _ 79 77 • what paper may b e used before him on a. reference . 80 77 p ersons whom master is at. liberty to examine on • reference .. .. .. .. . .. .... ...................... . 81 78 in chancery, how appointed .. . .. . . . .............. . 82 78 provisions as to th e filing of master's report a.nd the filing of exceptions thereto .. .. . .......... ...... . 83 78 Mistakes in decree, etc., bow corrected . ....... . .. .... . .. . . 85 79 ):lotions, when they may be made in courts of equity ..... . 1 51 whtl.t a.re to be deemed motions and applicatio08 • grantable 01 course . . . ... . .... .. .. . .. . 5 52 not grantable of course, how and when heard . .. . . .. ....... ... . ........ . .... . 6 52 Notice, provisions for notice of application for certain orders. 3 51 what to be deemed notice in certain cases .•....•.. 4 52 ", t1J be give n for examination of witneescs .... . ...... . G7 71 provisions as to notice for de b~ UBe examination of witnesses .... .. .. ........ . .......... .. ...... . .. . 70 74 Oath (IItt Affirmation) .. .. ... . ................ .. . . . . . . ... . 91 80 Orders, when they may be made in courts of equity .. . .... . 1 51 Parties, court may make a decree saving rights of absent par- ties at triaLwhere defendant suggests a defect ... . 53 67 provisions as to nominal parties to hill . ... . . . . .. . . 54 67 to bills, when court ma.y proceed without making certai n persons parties ...... . ... . . 47 65 parties may be dispensed with when very numerous, etc ........ . 48 65 not necessary to make cestuis qm tnut parties to suit ...... . ...... . ... . . . 49 66 in auitB to execute trust in a will .... . . . . . 80 6G in cases of a joint and several demand either as principals or sureties ........ • . 51 66 ,1

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12 INDEX TO E QUITY RO LES. R ille. Page. Parti es, to bills, provisions for the hearing of a. case when defendant by answer suggests that bil l is defective fo r want of parties . . .. __ ... _... __ .. ___ .. _. ... __ ..... . - - . - . 02 66 Petitions for rehearing, when, they can be f-,>pplicd for . ___•. 88 80 P leadings, filing of. ... . ........... . . . . . .. ..... .. ..... . ... . 1 51 Pleas, to be accompanied by certificate of COUIl8cl, etc., pro-- vUnons respec~ sanae .. . __ .. ... __ . . ...... ·. __ 31 60 to what defendant may p lead .. .. __ . __ . .. .. . _. .•. -- 32 61 proceedings by plaintiff . .. .. . . _. . _. ___ .... _.. __ . _. . 33 61 Practice, how regulated when the ro1 es of the United States Supreme Court or tbe circuit courts do not apply _.. . _. . _ 90 80 Process, issuing and return of.. . _. . . _. . _. . . _... ..... ... _. . 1 01 final process defined . .. . .... . . . ................•. 7 53 mesne process d efined .... .. . ... •. _. _. _. _._. "._._ . 7 03 when writ of assista.nce to issue. __ . .. _.. . .. _. ____ _ 9 04 p rovisions as to same in cases where Ii person not a • party to a cause is served ...... . . 10 04 service of arune .. . . . ... . . . ... . .. . 11- 16 54-.55 by whom served, CLod entry of proof of service re- quired ...............•.. .. ......•.... ...... , " 10 05 Prochein amm, provisions as to the same .. . . .. , . .. . .. .... . 87 79 Reference, general provisions 3S to rcterpnce to and pro- ceedings before masters, , . . , .. .. , ' ......... . 73-S2 7&-78 to master of any decree for nccount. of personal estate of a. testator or intestate . ......• ' , ..... 73 75 when reference to PlUBter is to be brought on for hearing ........•.......... .. . ... .. .......... 74 75 before master, proceedings on ... . .. .. .......... . 70 76 what reports of master on reference before him shall contain ...... . .. . ..... • ........... . . . .• 76 76 power of master on ............ . ....•. . . . .. .. ... 77 76 how wi lnesses may be compelled to appear before master or examiner and testify ....... . . 78 77 '. form in wbicb accounts shall be produced before master ........ . . ••..... . .•.• . ... . . .. ........ 79 77 wha.t papera mlly be. used before master 00 . '., , •. 80 77 who may be eXCLm1ncd by master on ... ....... ,. 81 78 Rehearing, provisions as to same .... ......... .. . . . .. .. . . . . 88 80 Replication , no special repJicatiolllo answer to be filed .... . 40 65 genera.! provisions as to ................. . .... . 66 71 Report by m.a8tCr on reference, what to contain ...... •.. ... . 76 76 01 maater not to be retained as security for compen- I5ntion •....•• . .... . ..•.. . ... .......•.. 82 78 • when to be filed C lOd time of filing excep- tions thereto, etc ... . ... ..... .. .... ... . 83 78 provi8:i01lB to preven t. the filing of excepti ons to re. poN for frh'oloua ca\l8C8 or delay . ............ . . . 84 79 R ules, when they may be made in court& of equity ....• • ••. 1 51 " ,

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INDEX TO EQUITY RULES. 13 Rule. P.oge. • Rules, provisioDl! .. to making of rules by judges of circuit courts ....... . .... . ....... _. . . . ............ _.......... . 89 80 Sca.ndal, general provisions as to elimination of sca.ndal in bills . . • ... .. . ......... .. .... . .. __ .. _... ... . . . 26-27 5~9 in bills not permitted. Will be struck out on exception ... ............. . . ..... . _. . . ...... . . 26 58 Service, provisions as to service of process _. . .. ........•.. 11-16 54-55 , Stockholders, bills brought by stockholders in corporation against the corporation a nd other parties, how vertified , and what allegations must be. contained therei n ... ...... . . 94 81 Subpcena, provisions respecting . .. ...... _. .. . ___ ......... . 7 53 when to i88ue .... ... .. .. . ..... .......... _. __ •. 11 54 who to issue same, when it ma.y be issued, and .. bow returnable . ... . . ... . .... .. " _. _.' ....... . general provisions as to same, how served ... ... . when and how issued ............•.............. 12 13 14 1>4 55 55 by whom served , proof of service required . .. .... . 15 55 proceedings on return of, served ............ .... . 16 55 • Supplemental answers, provisions as to same ... ..... ...... . 46 55 bills, when granted I and provisions respect- ing same .... . ..... .. ...... . ........ • . 57 68 ,. contents of .. .. . ... . ................. . Testimony, when taken by commjssion .. ............. .... . 56 67 68 71 orally . . . ..... ..... .. ............ . 67 71 time for various parties to take testimony where evidence is to be taken orally .. . ... . ....... . 67 71 bow to be taken by deposition according to act of Congress ........ . ....... .. ...............• 68 74 general provisions as to time of tal..-ing .. . ...•... 69 74 when and how same may be taken de bem e&&e •••. 70 74 form of last interrogatory .. ..... . . ............ . 71 75 Time may be abridged in certain cases .. . ....... .. .. __ . .. . 4 52 when subpcena. is returnable ...... ........... ....... . 12 54 for appearance of delendant ..... .... ....... ......... . 17 ,55 • when bill may be taken pro tonjt&&o against defendant. 18 56 for entry of decree when bill is pro conj uso ......... . 19 56 provisions relnting generally to time in which bil1s may be amended. ctc ... . . . .... .. ........... . .•.• 21h'lO 59..jJ0 for filing new or suppl emental answer ... .... . . ....• • . 46 55 to have case set down for a.rgu.ment when defendant by answer suggests defective b ill for want of parties .. . 52 66 when suite 1\>il.l stand revived as of course ......... .. . 56 68 for pleading to supplemental bill.. ......... .. .•. •.••• 57 68 filing exceptions to answer for insufficiency - - .. - • 61 69 parties to suits to take testimony when evidence is to be taken orally ................. . ........... . 67 71 general provisions respecting time of taking testimony. 69 74 , for filing exceptions to report of master . . . .. , ...... .. . 83 78

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14 INDEX TO EQUITY RULES. Rule. Page. Verification, bills brought by stockhold ers against th e cor- porat ion and other parties, how verified and what oJ1ega.- tiona must be contained therein ...•.•..•.... ... .. ... . .. 94 81 Witneases, how enmjoed when evidence iB to be taken orally •. .... . ....• . ...........•...... ... 67 71 compelled to attend ••... . . _.. _.. . ......•.• . 67 71 when and how some may be exa.mined de btnt Ult • .. ... .. .•. .. •. _ ....•........... 70 74 before commissioner or ma.ster or examiner, b ow compelled to appear and testify ..... .. _. _... . 78 77 when.same may be examined in open court . .. . ' 78 77 Writ of aasietance, provisions 1\8 to same .. __ ... . •.. ... ___ . . _ 7 53 when to issue .. . ..•..... . .... _.. " .•... 9 54 Writ of sequestration, provisions as to same . ..... . . ..... ... • 7 63 when to issue ... •....... . . •.. .•.. . •• 8 53

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INDEX TO ADMIRAL TV RULES. Rule. Pap. Admiralty I provisions for amendment of libels in... . .. .. .. 24 89 where third party is permitted to intervene in suitainrt7n ... __ ........................... S4 92 how etipulations in, are to be given and taJc:en.. S5 92 when libellant deemed in default...... .... .... . 39 93 Adverae proprietors. . ... ..• . ... . . . .. .. .... . . .. . . . . . . . .. . . . 20 87 A.f.6.nna.nce, provisions 88 to affirmance in euite in rem...... 26 89 Affirmation (.", olio Oath).. .... .•••• . . .. . . •• . . • . . . .. . ... 26-32 89-91 . 33-37,48 91-92,95 Agent, provisiona 88 to verification of claim by agent. in suits inr~ ........... ... .. . ... ....... .... ... ..... .. _. 26 89 Amendments, provisions for, in informations and libels in ,. cau.see of admiralty and mar- itime jurisdiction . . . . . . .. . . 24 89 amendment of li bel where 9.IlBWer alleges new facts •••. 51 96 Answer of defendant to all libels in civil and maritime caUge8, contents of, etc •.. . . .. •....•...•.... _.. 27 90 exceptions to •.. .. •....•••..•... .. .. ............ . 2B 90 effect of defendant omitting or refu8ing to a.nswer libel on return day, etc •......... ............... 29 90 provisioD.8 for a.ttachment when answer is not filed, or exceptions taken thereto ... . .. . .. . so 90 where answer would expose defendant to prosecution or punishment for • crime, etc . . ...... . . .... ... .. . ...... . 3 91 as to right of defendant to require per· sonal answer of libellant, upon oath, to interrogatories a.t cloee of answer; proceedings on defa.ult of due answer . 32 91 when oath or affirmation of either li bellant or de. • fenda.nt to answer an interrogatory may be dispensed with ................. .... . .. .... . ... . 33 91 to what exce'p tions to a.nswer may be taken . . .... . 36 92 by garnisheo, in cases of foreign attachment, provi· sions respecting .... .. ...... . ... ... .. ~ ......... . 37 92 Dot to be verified where a.mount in dispute does not exceed $50 ........ . . .. ..... ......... .. ... . . .. . 48 95 15

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16 INDEX TO ADM1RALTY RULES. Rule. Page. Appeal, how stipulations 0 0, are to be given .. •..• .••.•.. -. 35 92 from district to circuit courts, how, when, and within whnt time made ....... __ ....••.••... _.. 45 94 furth er proof, how taken in a circu it court upon an admiml,y appeaL . .......... ... .... .. .. ..... . . further proof, when laken, to be used in evidence 49 95 . 00 .............. .. . . . . . . . . . . . . . . . . . . . . . . . . ___ • • provisions as to what shall be contained in, Rnd what shaU be omitted from record s on appeal from 60 96 . \ d iatrict to circvit. courta •. __ .. . .......... _• . .... 52 96 ArTest.8, provisions a.a to bills, etc., where simple warmnt of -- a.r:rest issues in suits in pa'07lOm . .. _.. •. ........ amount for which warrant of arrest. in suits in per- .onam mny isslle ... . . __ . . . _.... ........... . . . .. . wnrrant of arrest of ship. etc., in 8uitsin rem, when , 3 7 83 85 .. how, and by whom issued and served .........••. 9 85 .' provisions for sale of p eriahable articles arrested •. 10 85 proceedinga when ship is arrested in suils in TeI'n ... 11 86 of ship in petitory and POSSC?880ry suits, provisions for ..................••. . ....... . .. . .. ........ . . 20 87 provisions as to bail io certain cases, in suits in per· ,onam . .. . . . .. .. ... . ... . • . .....•.... . ..•• . •.•••• 47 95 Aa8ault 00 the high seas, Buits for, how brought .....•. •.•••• 16 87 AUachmeot in Buits in po,onam wbere goods, chattels, etc., are attached .......... . .............. .. .•... . . 4 84 provisions for attachment against defendant to compel furthe r answer to libel , etc .. ........ . 30 90 may issue to compel answer by libellant t o in- terrogtltories in defendant's answer ....... .. . 32 91 against party baving po8SCssion of freight or other proceeds of property ottached in pro- ceed i np in rtnt. . . .. ' ••..•............ ..... • 38 93 Bail. pro"iaions as to bail where a simpl e warrant of arrest iMUCS in suita in ptT3onam ........... ........ ... .. . 3 83 in auit8 i n perlonam, when and how reduced .•••. . • • • 6 84 wben and bow new sureti es mo.)' be req uired ..... .... . •• 6 84 to bo taken in BuilS in per.onam . .. . .... .. . •.• •. ..••• 47 95 Beating .......•. ........•..•........•... . ..... .. . ••• •.. .. 16 87 Bonde in CMefI of arreat in 8uits in ptrlonam ........ .. ..... . 3 83 wben goods, chattel" etc., arc aUacbed in suits in ptrlOf1.am ••••• • ••••• _ • •••••• ••••••••••••• ••••••• 4 84 provisions as to bonds t.o be given 00 di8801ving at. tacbmeoL in BUlla in perlonam ........ .. ...... . . .. 4 84 bow, wbeD, and before whom given Bnd taken .... .. 6 84 iD iWtain po"tonam, when a.nd bow bail ia reduced .• 6 84 wben and bow new Aurct.i ce may be required aD •••• 6 84 Bouomry bonde, auita OD, how prosecuted . . ......... ... .. .. 18 87

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INDEX TO ADMlRALTY RULES . 17 Rule. Page. Claimant, proviBiollSa.s to stipulation by claima.nt of property in Buits in rem ... . ...... . . . . . .. .............. . 4 84 in Buits in rem, bow party claiming property shall verify claim .. • ... . .... _.• ............ . ..... • 26 89 Claims, how proof of claims are made under the limited lia- bilityact . ... .. ....... .. ...... . .. .... . ...... ... . .... ... . 55 99 lerks, provisions as to what clerks of district co urts shal l put in records on appeals to circuit court . ...... ...... . . . ..... . 52 96 Collision, Buits fo r collision, how prosecuted .•.......•....•. 15 86 provisions as to proceedings by claim::mt of ves- sel, or respond ent proceeded against in perso- nam., against any other vessel contributing to same coll ision •... . ..... _...• .... _.. _.... . .. .. . 59 101 Commissioners, provisions as to reference to, and powers of &tme . . ...•. . _.. .. .. ... ..••...•. _..••.. _.... . •. ..... •. 44 94 CommiBSioners, when to issue to take answer of defendant in cem in cases _•..... ... ••...• .... . . ••.. .. 53 91 provisions for i88uing a commiasion to take further proof in a circuit. court on an admi. rnlty appro!.. . ...... .................. . 49 95 Consignee, provisions as t.o veri 6cation of claim by consignee, in suit.s in rtnt •.......•..... .. .. ..•........ " .. " .....•• 26 89 Costs, to be paid by defendant. 00 openi ng d efault in aoswe~ jog •.•.••••• ••••.. ••.•••..•..•.. .. •••..••. •.. .. . 29 90 in case of intervention respecting proceeds of sale in registry of court where claim is d eserted or dis-. missed ... ... ..... . ...... ... . . ...... ........ ..... . 43 94 Crime. defendant may object by answer to answer allegation that would exp05e him to prosecution a.nd pun ishment. for crime, etc ......................... .. . . .. ..... . . . ..... . . . 31 91 Cross libel , geneml provisions as to same •. _.••...•.•••..• _ 53 98 , Decree, provisions for writ of ex ecution on final decree for payment. of money . .......... . .... .. .. - - ........... - .. . . 21 88 Default, provisions as to default if defendant omit or refuse to answer the Ji bel in time ...... . . . .. ........ . 29 90 when and how default ma.y be set Bside .. ..... . .• 29 90 dismissal of li abel on d efault of due answer by libellant to interrogatories in answer .. ... .. •. .. 32 91 libellant in adm iralty 8uits, when deemed in de- fault .. .. ... ' _...........•.. . ........ . . ..•... 39 93 when decree rendered against defendant by de- fault may be reopened ....... ............... .. 40 93 Depositions, provisions for taking further proof in a drcuit r court on an adm iralty appeal by d eposition ... ... .. .. ......... . . 49 95 either party ta.king furth er evi- d ence of same witnesses, etc ... 96 10873---07-2

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18 1NDEX TO ADMIRALTY RULES. Rule. P,... DismilBll of libel on default of due answer by libellant to in- terrogatorie8 in answer ... .. __ . •. _.. __ . .•.. . - . . - when libel ma.y be dismissed on default oCli bellant . Evidence, oral evide nce in nature oCiurther proof in a circuit 32 39 91 93 . court on an admiralty a.ppeal , how t.aken . _... _. . . ... ' - - -- 4!)-lj() 9&-96 • Exccptioll.8, answer, provisions B8 to ... . __ . . • . _... . . . .. .. . . 28 90 provisions for att.a.chment against defendant where li bel is Dot fil ed and exceptions taken thereto . ..•.. . _..•.. _.. __ .... _..... . .......• 30 90 to libel , allegation, or IlDBwer, to what they may be taken ... _... .. . .. .. . . _. •.... . __ . .. . - ... . 36 92 Execution , when 8ummnry execution to issue when bond or ·- stipulation is given where Il. simple wa.rrant of arrest in Buita in ptr'onam ... ..... _. __ _. _.' . __ . 3 83 when summary execution to issue when bond or stipulation is given on all attachment being diBsolved in suits in ptJ""onam .. .. . . .. ..•• .• • . 4 84 nature of, in CS8C8 of final decree for payment of money ... . . . .. •.. . .. .. •. ..•.. . . .. ..... • . .... . 21 88 Fieri facias ( IItt Execution) .... .. .. .. •• .... • . •• ...... . . .. .. . 21 88 • Foreign port, suits for moneys take n up in foreign port for supplies, repairs, etc ., how brought . .. .. ... • .. . . . • . . .. . •• 17 87 Forfeiture ( I U Crime) •. .• • • . ••.• • . • . . ••.••..• ..• •. . . . . • •. • 31 91 • Freight, proceedings aga inst ship and freight in rem by rna· terial men .......... . . . . . .. .. .• .. ... .... . .. . .. .. 12 86 ./ proceed ings against ship and freight in rem for mari- neI'8' wagee . .. . . . . . ..• . ... ....... .. .... ....... . 13 86 suit8 against ship and freight. bow brought. wben founded upon 0. mere marit.imc hypothecation of moneys in a foreign port for suppli es, rcpait'8, etc . . 17 87 provisions where freight. or other proceeds attac.hed in suit.. in rem are in the hands or possesaiol.l of • a.ny pjrty . . .. ... . . . ..... .... . •• . ........ . . . .... 38 93 Further proof, how taken in n circuit court upon a.n admiralty appeaL . ... . . ..... . .. . . . ....... ... ••. . .... 49 95 j whe n taken , to be U8ed in evidence on a ppeal . 60 96 Garnilhoe, proviaiona o.a 1.0 same on foreign alt.achmenl. . .. . 37 92 Impertinence, provisioru! for exceptions to .•....... •... . . . ••. 36 92 • Impriaonment lor debt on [email protected] from admira1ty court. aboliahed in certain cases . . ... . .. . . . • . . ... .•• ..•.. . .. .• • 47 95 • Informatiolll, content.. of informations and li bels of infonna- tion upon seizures for a.ny breach of tho revenuo or navigation or other law8 or tbe • United Sill.... .. . .. .. ... . ... .... .. . . .. . . .. . 22 83 provisiOIl8 as to amendment or. ... •......•... . . 24 89 IntcrroplOri6l!l at clO8C of libel, bow answered. " ........ . • 27 90 lntar"VODOr8, how third party is permitted to intervene •. ... .. 54 92 stipulat ioN gi ,'en by, arc to be gi ven and taken •.•.•• . •.. .. •• .. •. . . •.....•... • . .. 35 92

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INDEX TO ADMIRALTY RULES. 19 Rule. Page.. Intervenors, proceedings by intervenor respect.ing claim lor delivery to him of proceeds ........ . . ... ... . 43 94 Irrelevancy, proviaioIl8 for exceptions to libel, etc., for .... . 36 92 Libel to be filed before IDeeoe process issues . .. _..... ...... . 1 83 . contents to libel a.nd infonnatio08 upon seizures Of any brca.cb of the revenue, navigation, or other laws of the United States . . .............. _. oi, in instance ca.uses similar to maritime .... . 23 S8 provisions for amendment of informations in OUBes of admiralty and ma.ritime juriBdiction ... 24 89 stipulation by defendant with sureties in case of libel in personam . .... _.. _.... . 25 89 contents of answer to allegations in libeL ... ......... . 27 90 when same may be taken pro conJe88o _••..• ___ ••••••. 29 90 oath or a.fIirmation of either libellant or defend- • a.nt to an answer to an interrogatory may be dispensed will}. . .. . .... . . . ... . ... . .......... 33 91 to what exception! to l ibel m.a.y be taken.... . ........ 36 92 when IlDd how libel may be granted where answer alleges new facta .. ....... .. .... . .. . . . . .. 51 96 where fi led, contents thereof, and proceed- ings on filing same under limited liabil- ity acl. ................................ 04-li7 9S-100 provisions as to proceedings by claimant of vessel or respo nd ent proceeded agninstin ptr"anam against any other vessel contributing to sa me collision .......... 69 101 Libellant may be required by d efendant to make personal answer upon oath to interrogatories in :mswcr; proceedings on default of due answer . . . . . . . . . . . 32 91 in a.dmiralty Buits, when deemed in default....... 39 93 Limited liability, rul es as to proceedings under the limited , liability act .............. . ....... .. .... ~ 9S-100 rule! to apply to tho circuit courts where cases are pending on appeal from district courts. .. .............................. 58 100 Marinere' wages, suits for same, how prosecuted. .. . ... . . . . . . 13 86 attachment in Buits for, against party ha.ving possession of freight or other proceeds of property attached in proceed ings in rem.. 38 93 Maritime causes, contents of libel in instances causes...... .. 23 88 provisions for amendment of libels in.... . ... . ... . 24' 89 conten ts ofanBwer in circuit court in.. .. . ... .. ..... 27 90 where third party:is permitted to intervene in Buits -in ret7\. in . ....... .......... . .. . ........... .. .. . 34 92 bow stipul ations in , are to be given and takeD..... . 36 92 when libcllant deemed in default .......... , ...... . 39 93 hypothecation, suits founded upon, how brought . . . 17 87

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22 INDEX TO ADMIRALTY RULES. Rule, Page. Salvage. suits fOf, how prosecuted . . ..... _. . _.. .... .... . . _., 19 87 at.tachment against party having possossion of freight or other proceeds of property attached in proceed- ings inTern. in salvage CIl8CS ••.• ••••••• _ •• . __ .•• •• 38 93 Scandal , provisions for exceptions to, in libc.l, etc .... _.. _. _. 36 92 Security, provisions for, in petitory and possessory suita . __ • 20 87 as to security to be given by respondent in cl"OSS libel. .. .. .. .. _. ... . ..... . ... . 63 98 Seizures, contents of informations and Hbels of information upon seizures for BOY breach of the revenue, na.vigation, or otber Ja.ws of the United States ... . ... . .. .. . . . .. ... . . . .. . 22 88 Service of wamwt of arrest against ship, etc., in suits in rem, how and by whom made . . . . '" _.......•..... . . . ... . . . .. 9 85 Ship, proceedings when ship is arrested in 8uits in rem . .. ... . 11 86 against, in rem by material men .... ... . . . 12 86 c for mariners' wages ... . . .. . 13 86 suits for pilotage against . ... . .. . .. ...............•... 14 86 collision against ....... . ............... . .. . .. . 15 86 against, how brought when founded u pon a. me.re maritime hypothecation of waster for moneys in a foreign port for Sll pplies, repairs, etc . . ..... . 17 87 "rrcst of, in petitory and pOBSeSBOry suits, provisions for .. . . . .. . . . . ................ ... ... . . . ... . ...••.. 20 87 Stipulation. (See al80 Bonde.) by defendan t in case of li bel in peraonam, p ro- visions for .. ............•..... ... ..•..... • .. 26 89 provisions as to stipulation by cblruant. of protr crty in su its in rem ........... .............. . 26 89 to be given by intervenor in suits in rem; p ~ visions rt>specting sam . . .......... . ........ . 34 92 when g iven by intervenor, or appeaJ, or on appeal , or on any other maritime or admiralty proceedings, how to be given .. . ............. . 3S 92 SuiLe in ptr80nam, nature or process in ...... _............. . 2 83 provisions for taking bail where a. simple warrant of arrest issues, and proceed - ings arc to b€! taken on the bond or fStipulation given .... ...... .. . . .. ... .. . s 83 dissolving attachment in suita in per- 'OJUJm • . •.••••••••••• • ••••••• •• • • ••• • 4 84 when nnd how bail may be reduced ... . 6 84 new sureties may be requited on b:l il bond ....... ....... ................ . . 6 84 .~ou nt for which waml.OL of arrest ma.y l!8ue ••.••• • •..•.••••.•• ••. .•••••• • .• 7 mit8 for pilotage, nga.inst. whom brought . 14 againal Uluter or owner for damagt'3 by COI1i!iOD. how pro~·c uled . ... ..... ... . 16 86 l,

Page 20

INDEX TO ADMIRALTY RULES. \13 RUle. Page. Suite in pa.onam, SULta for assault or beating on the high seas in ptT,onam only . ..•. .. .. . .... . . 16 87 bow brought when Counded upon & mere maritime hypothecation of master for moneys in a. fore ign port for supplies, repairs, etc . . . ...... .. ... . _... .. .. . . . . 17 87 provisions in suits on bottomry bonds. _ 18 87 Bui ta for salvage, how prosecuted ... ... . . 19 87 prov isions for stipulation on part of the d efendant's s ureties .••.. . ...... . .•... 25 89 when bail is to be taken by marshal where simple warrant of arrest issuC8 •• 47 95 imprisonment for debt aholiahed in cer· tain cases ................. . . .. . . ... . . 47 95 answer not to be verified whe r~ amount in dispute does not exceed $50 ...... . . 48 95 provisions!L8 to proceedings by claimant of vessel or respondent proceeded against in pe7l1onam against any other vessel contributing to same collision .. 59 101 Suits in rem, proceedings when tackle, sails, apparel, etc" are in possession or custody of third person .. 8 85 nature of process. and bow served , and by whom . .... .. . ............ ... . ....... . . ... . 9 8:; proceedi ngs when shjp is arrested in su its in rent. .. • ' . .•.•....•••.......••• • 11 86 in su its against m38ter or own er, by materia.l men . •.. . ........•. 12 86 for mariners' wages . . ............ . 13 86 against sh ip, etc., for pilotage ..... . ........ .. 14 86 for damages by collision, how prosecuted . . .. . 15 86 bow brought when founded upon a mere maritime hypothecation of moneys i n a for- eign port for suppl ies, repairs, etc . . .. .... . . 17 87 provis ions for Buits on bottomry bonds . . .... . . 18 87 for sal-vage, how prosecuted . .. ... ............ ' 19 87 how pa.rty claiming property shall verify claim . .. .. . .. .............. .... ...... . 26 89 third party is permitted to intervene ... .• 34 92 pro-visioDS where freight or other proceeds attached a.re in the hands or possesaion of any party ..... . .. . .... ... . . ......... . . . . . . 38 93 answer not to be verified where ru:nount in I dispute does not exceed $50 ............... .. 48 95 /. Supplies, suits founded on hypothecation of master fetr moneys taken up in foreign port for suppli es, etc., bow prosecuted ... .... .. •• " .•••. . ..•.•• . , .• - •. ........... . . 17

Page 21

24 INDEX TO ADlU!U LTY RULES. Rule. Page. Sureties, provisions for stipulation by defendant wit.h BurG- ties ill Cl\8C of libel in personam •.. _..•.....•... 25 89 on a st.ipulation to be given by intervc.nor in suits in rem .. _. _. _.......• . ..... . . ....•.•••• . . _ 34 92 Surplusage, provisions for exceptions to Hbel , etc., for .•..• 36 92 Time for taking appeal from district to circuit courts ...•..• 45 94 ., rehearing after decree entered against defendant for default ........ .•. .. .. .... .. . . .•..••....•.. _ 40 93 amending libel where answer alleges Dew facta .... 51 96 United States, cont ents of inlOrm.o.tiODS and libels of infor. mation upon se.izwee for any breach of the revenue, na.vi- gation. or other lAws of the United StatCC'J. _•..•...• ___ __ 22 88 Wages (.u Mariners' wages) ... _..... . .. ....... .... ... _.. _ 13-a8 86-93 WllmLDt (let Arrest a.nd Mtachmcnt). _•••..... _......•.. . __ 7- 9 85 • Writ. of execution (,u Execution) •..•.•.•... _.•....•. . .• _.. 3-4--21 83- 8~ , "

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RULES OF THE SUPREME COURT OF THE UNITED STATES. 1. CLERK. I. The clerk of this court shall reside and keep the office at the seat of the National Government, and he shall not • practice, either as attorney or counsellor, in this court, or in any other court, while he shall continue to be clerk of this court. 2. The clerk shall not permit any original record or paper to be taken {-rom the court room, or from the office, without an order from the court, except as provided by Rule 10. 2. ATTORNEYS AND COUNSELLORS. I. It shall be requisite to the admission of attorneys or counsellors to practice in this court, that they shall have been such for three years past in the supreme courts of the States to which they resp ectively belong, and that their pri- vate and professional character shall appear to be fair. 2. They shall respecti,'ely take and subscribe the follow- ing oath or affirmation, viz: I, - - - , do solemnly swear [or affirm) that I will de- mean myself, as an attorney and counsellor of this court, upright ly, and according to law; and that I will support the Constitution of the United States. 3. PRACTIOE. This court considers the former practice of the courts of "• Icing's bench and of chancery, in England, as affording out- Jines for the practice of this court; and will, from time to • time, make such alterations therein as circumstances may render necessary. 25

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26 R ULE8 OF THE SUPRE ME COURT. " 4. • • DILL OF EXOEM'lONS. The judges of the circuit and district courts shall not allow any bill of exceptions which shall contain tho charge of the court at large to the jury in trials at common law, upon any general exception to the whole of such charge. But the , . party excepting shall be required to state distinctly the seve eral matters of law in such charge to which he excepts; and those matters of law, and those only, shall be inserted in • the bill of exceptions and allowed by the court. 5. PROCESS . 1. .All process of this court shall be in t he name of the President of the United States, and shall contain the Chris- tian names, as well as the surnames, of the parties. 2. When process at common law or in equity shall issue against a State, the same shall be served on t he governor, or , . • chief executive magistrate, and attorney-general . of such State. 3. Process of subpama, issuing out of tlus court, in any suit ill equity, shall be served on t he defendant sixty days before the return day of the said process; and if the defend- ant, on such service of the subprenn, sball not .ppenr at t he , . return day, the complainant sball be at liberty to pr~cecd ex ) pam. G. MOTIONS. 1. All motions to t~e court shall be reduced to wTiting, and shall cont,8m 8 brIef statement of tbe fllcls and objects • of the molion . 2. Ono hour on eacb side shan be allowed to t he argu- ment of a motion, and no more, witbout special leavo of "' the court, granted before t ho argument begins. 3. No motion to dismiss, except on special assignment by the court, sball be heard , unless previous notico hilS been given to tho adverso party, or the counselor attol'lley of such party. t •

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RULES OF THE SUPREME OOU RT. 27 4. All motions to dismiss writs of error and appeals, ex- cept motions to docket and dismiss under Rule 9, must be submitted in the first instance on printed briefs or argu- ments. H the court desires further argument on that sub- ject, it will be ordered in connection with the hearing on the merits. The party moving to dismiss shall serve notice of t he motion, with a copy of his brief of argument, on the counsel for plaintiff in error or appellant of record in this court, at least three weeks before t be time fixed for submit- ting the motion, in all Cases except where the counsel to be notified resides west of t he Rocky Mountains, in which case t he notice shall be at least thirty days. Affidavits of the deposit in the mail of the notice and brief to t he proper address of the counsel to be served, duly post-paid, at such time as to reach him by due course of mail, the t hree weeks or thirty days before the time fLxed by the notice, will be regarded as prima facie evidence of service on counsel who reside without the District of Columbia. On proof of such service, the motion will be considered, unless, for satis! RctOry reasons, further t ime be given by the court to either party. 5. There may be united with a motion to dismiss a writ of error or an appeal, a motion to affirm on the ground that, although the record may show that this court has jurisdir~ tion, it is manifest t he writ or appeal was taken for delay only, or that the question on which t he jurisdiction depends is so frivolous I1S not to need further argument. 6. The court ,,~ ll not bear arguments on Saturday (unless for special cause it sho,1I order to t he contrary), but will devote that day to the other business of the court. The motion day shall be Monday of each week ; and motions not required by the rules of the court to be put on the docket shall be entitled to preference immediately after t he reading of opinions, if such motions shall be made before the court shall have entered upon the hearing of " case upon the docket. '1. LAW LIDRARY. r 1. During the session of t be court, any gentleman of the bar havin" a case on the docket, and wishing to use any book " the law library, shall be at liberty, upon applic~ or b ooks in t ion to the clerk of the court, to r eceive an order to take the

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28 RULES OF THE SUPREME OOU RT. same (not exceeding at anyone tinle three) from the library, he being thereby responsible for the due return of the same within 0. reasonable time, or wben required by the clerk. It shall be the duty of the clerk to keep, in 0. book for that PW'- pose, a record of all books SO delivered, which are to be charged against the party receiving the same. And in case the same shall not bo so returned, t ho party receiving tbe same shall be responsible for and forfeit and pay twice the value thereof, and also one dollar per day for each day's detontion beyond the limited time. 2. The clerk shall deposit in the law library, to be there carefully preserved, one copy of tbe printed record in every case submitted to tbe court for its consideration, and of all printed motions, briefs, or arguments filed therein. 3. Tbe marshal shall take charge of the books of the coW't, together with such of the duplicate law books as Congress may direct to be transferred to tbe court, and arrange them in t be conference room, which ho shall have fitted up in 0. propor manner; and he shaU not permit sucb books to be taken tberefrom by anyone except the justices of the court. S. WRIT OF ERRon, RETURN AND REOORD . 1. Tbe clerk of tbe court to which any writ of eITor may be directed shall make return of the same, by transmitting • a true copy of tbe record, and of tbe assignment of errors, and of "U proceedings in the case, under his hand and tbe seal of the court. 2. In all cases brought to this court, by writ of error or appeal, to review Rny judgment or decree, the clerk of t he coW't by which such judgment or decree was rendered shall , annex to and transmit with the record a copy of the opinion or opinions filed in the case. . ~ . No case will be heard until .. complete record, containing ill Itself, and not by reference, all the papors, exhibits, deposi- tions, and other proceodings which aro necessary to the hear- ing in this cooo, shall be filed . 4. Whenever it shall be necessary or propor, in the opinion of the presiding judge in 8ny circuit court, or district court exercising circuikoW't juriscliction, tbat original papers of

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RULl:S OF THE SUPREME OOURT. 29 any kind should be inspected in t ills court upon writ of error or appeal, such presieling judge may make such rule or order for the safe-keeping, transporting, and return of such original papers as to Illm may seem proper, and this court will receive and consider such original papers in connection with the transcript of the proceedings. 5. All appeals, writs of error, and citations must be made returnable not exceecling tlllrty days from the day of signing tbe citation, whether the return day {aU in vacation or in term time, and be served before the return day. 6. The record in cases of admiralty and maritime jurisdic- tion, when under the requirements of law the facts have been found in the court below, and the power of review is limited to the determination of questions of law arising on the record, shall be confined to the pleaelings, the findings of fact, and conclusions of law thereon, the bills of exceptions, the final judgment or decree, and such interlocutory orders and decrees as may be necessary to a proper review of I,he case. 9. DOCKETING OASES. 1. It shall be the duty of the plaintiff in error or appellant to docket the case and file the record thereof with the clerk of tills court by or before the return day, whether in vacation or in term time. But, for good cause shown, the justice or judge who signed the citation, or any justice of this court, may enlarge tbe time, by or before its expiration, the order of enlargement to be filed with the clerk of this court. If the plaintiff in error or appellant shall fail to comply with this rule, the defendant in error or appellee may have thecause docketed and dismissed upon producing a certificate, whether in term time or vacation, from the clerk of the court wherein the judgment or decree was rendered, stating the case and certifying that such writ of error or appeal has been duly sued out or allowed. And in no case shall the plaintiff in error or appellant be entitle

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80 RULES OF THE SUPREME COURT. clerk of this court; and if t he case is docketed and a copy of the record filed with the clerk of this court by the plaintiff in error or appellant within the period of I.ime above limited and prescribed by this rule, or by the defend an t in error or • appellee at any time thereafter, the case shall stand for argllment. • 3. Upon the filing of tho transcript of a record brought up by writ of error or appeal, the appearance of the counsel for the party docketing the case shall he entered. 4. In all cases where the period of thirty days is mentioned in R ule 8, it shall be extended to sixty days in writs of error and appeals from California, Oregon , Nevada, Washington, • New Mexico, Utah, Arizona, Montano., Wyoming, Nortb Dakota, South Dakota, Alaska, Id aho, Hawaii and Porto Rico, and toone hundred and twentydaysfrom the Philippine I slands. 10. PRfNTINO RECORDS . 1. In all eases the plaintiff in error or appellant, on docket- ing a case and filing the record, shall enter into an undertaking to the clerk, with surety to his satisfaction , for the payment of his fees, or otherwise satisfy him in that behalf. 2. The clerk shall cause an estimate to be made of the cost of printing tbe record , and of his fee for preparing it for the printer and supervising tbo printing, and shall notify to the • party docketing the case the amount of the estimate. If be sbaH not pay it wi thin a reasonable time, the clerk shall notify the adverse party, and be may pay it. If neither party sball pay it, and for want of such payment the record shan not bave been printed wben a case is reached in the regular call of the docket, after March I , 1884, tbe case shall be dismissed. 3. Upon payment by either party of tbe amount estimated by the clerk, twenty-five copies of the record shan be printed .- under his supervision, for the \:se of the court and of counsel: 4. In cases of appellate jurisdiction the original transcript On file sball be taken by t.he clerk to the printer. But the clerk shall cause copies to be made for the printer of such original papers, sent up under R ule ,section 4, as are neces- sary to be printed; and of the whole record in cases of original jurisdiction.

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RULES OF THE SU PREME CO('RT. 31 5. The clerk shall supervise the printing, and see that the printed copy is properly indexed. He shall distribute the printed copies to the justices and the reporter, from tinle to time, as required , and a copy to the counsel for the respective parties. 6. If the actual cost of printing the record, together with the fee of the clerk, shall he less than the amount estimated and paid, the amount of the difference shall be refunded by the clerk to the party paying it. If the actual cost and clerk's fee shall exceed the estimate, the amount of the excess shall be paid to the clerk before the delivery of a printed copy to either party or his counsel. 7. In case of reversal, affirmance, or dismissal, with costs, the amount of the cost of printing the record and of the clerk's fee shall be taxed against the party against whom costs are given, and shall be inserted in the body of the mandate or other proper process. 8 . Upon the clerk's producing satisfactory evidence, by affidavit or tbe acknowledgment of tbe parties or their sure- ties, of having served a copy of the bill of fees due by them, respectively, in this court, on such parties or their sureties, an attach men t shall issue against such parties or sureties, respectively, to compel payment of said fees. 9. The plaintiff in error or appellant maY,wi thin ninety days after filin g the record in this cour t, file wi tb the clerk a state- ment of the errors on which he intends to rely, and of the parts of the record which he thinks necessary for the consider .... tion thereof, and forthwith serve on the adverse party a copy • of such statement. The adverse party, within ninety days thereafter, may designate in writing, filed with the clerk, additional parts of the record which he thinks material; and, if he shall not do so, he shall be held to have consented to a hearing on the parts designated by the plaintiff in error or appellan t. If part" of the record shall be so designated by l one or both of the parties, the clerk shall print those parts only; and the court ,vill consider nothing but those parts of the r ecord , and the errors so stated. If at the hearing it shall • appear that any material part of the record has not been prin ted, the writ of error or appeal may he dismissed, or such other order made as the circumstances may appear to the court to r equire. If the defendant in error or appellee shall have

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32 RULE S OF THE SUPREME COURT. caused unnecessary parts of the record to be printed, such order as to costs may be made as the court shall tlllnk proper. The fees of the clerk under Rule 24, section 7, shall be com- puted, as at present, on the folios in the record as filed, and shall be in fnJl for the performance oChis duties in the execu- tion hereof. 11. TRANSLAT]ON S. Whenever aoy record transmitted to tItis court upon a writ of error or appeal shall contain any document, paper, testi- mony, or other proceedings in a foreign language, and the record does not also contain a translation of such document, paper, testimony, or other proceeding, made under the authori ty of the inferior court, or admitted to be correct, the record shall not be printed; bu t the case shall be reported to this court by the clerk, and the court will thereupon remand it to the inCerior cow·t, in order that a translation may be there supplied and inserted in the record. 12 . F URTHER PROO1~ . 1. In all cases where further proof is ordered by the court, the depositions which may be taken shall be by a commission, to be issued from trus court, or from any circuit court of the United States. 2. In aU cases of adntiralty and maritime jurisdiction, where new evidence shall be adntissible in this court, the evidence by testimony of witnesses shall be taken under a cOmnUssion to be issued from t rus court, or from any circuit court of the Uni ted States, under t he (lir.cti on of any judge the"?of; and no such commission shall .issue but 11pon interrog- aton es, to be filed by the party apply mg Cor the commission and notic~ to t?e opposite party .or his agent or attorney: accompawed WIth a copy of tho Interrogatories so filed to filo cross-interrogatories witrun twenty days from the .e~ ce of such notice : P rovided, however, That nothing in trus rule shall prevent any party (TOm givi ng oral testimony in open court in cases wher~ by law it is ad ntissible.

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RULES OF THE SUPREME COURT. S3 13. OBJEOTIONS TO EVIDENCE IN THE REOORD. In aH cases of equity or admiralty jurisdiction, heard in this court, no objection shall hereafter be aHowed to be taken to the admissibility of any devosition, deed, grant, or other exhibit round in the record as evidence, unless objection was taken thereto in the court below and entered of record; but the same shaH otherwise be deemed to have been admitted by consent. 14. OERTrORARt. No certiorari for diminution of the record will be hereafter awarded in any case, unless a motion therefor shaH be made in writing, and the facts on which the same' is founded shall, if not admitted by the other party, be verified by affidavit. And aH motions for certiorari must be made at the first term of the entry of the case; otherwise, the same will not be granted, unless upon special cause shown to the court, accounting satisfactorily for the delay . 15 . DEATH OF A PARTY . 1. Whenever,pending a writ of error or appeal in this court, either party shan die, the proper representatives in the personalty or realty of the deceased party, according to the nature of the case, may voluntarily come in and be admitted parties to the suit, and thereupon the case shaH be heard and determined as in other cases; and if such representatives shaH not voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order that unless such representatives shaH become parties within the first ten days of the ensuing term, the pa.rty moving for such order, if defendant in error, shall be entitled to have the writ of error or appeal dismissed; and if the party so moving shaH be plaintiff in error, he shaH , be entitled to open the record, and on hearing have the judgment or decree reversed, if it be erroneous: Provided, however,' That .. copy of every such order shaH be printed 10873-07----'1

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RULES OF THE SUPREME OOURT. in some nowspaper of general circulation within the State, Territory, or District from which t he case is brought, ~or three successive weeks, at least sixty days before the begrn- ning of the term of t he Supreme Court then next ensuing. 2. When the death of a party is suggested, and the repre- sentatives of the deceased do not appear by the tenth day of the second term next succeeding the suggestion, and no measures are taken by the opposite party within that time to compel their appearance, the case shall abate. 3. When either party to a suit io a circuit court of the United States shall desire to prosecute a writ of error or appeal to the Supreme Court of the United States, from any final judgment or decree, rendered io the circuit court, and at the time of suing out such writ of error or appeal the other . party to the suit shall be dead and have no proper representa- tive within the jurisdiction of the court which rendered such final judgment or decree, so that the suit can not be revived io that court, but shall have a proper ropresentative in some • State or Territory of the United States, the party desiriog such writ of error or appeal may procure the same, and may have proceedings on such judgment or decree superseded or stayed io the same manner as is now allowed by law io other cases, and shall thereupon proceed with such writ of error or appeal as io other cases. And within thirty days after the commencement of the term to which such writ of error or appeal is returnable, the plaiotiff in error or appellant shan make a suggestion to tllo court, supported by affidavit, that the said party was dead when the writ of error or appeal was t&ken or sued out, and had no proper representative within the jurisdiction of the court which rendered said j udgment or decree, so that the suit could not be revived io that court, and that said party had a proper representative io some State or Territory of the United States, and statiog thereio the name and character of such represen tative, and the State or Territory io which such representative resides; and, upon such suggestion, he may, on motion, obtaio an order that unless sucb representative shall make himself a party \Vit~ the first ten d&ys of tbe ensuing term of the court, th" plaio- tiff io error or appellant shall be entitled to open the record and, on beariog, havo the .judgment or decree reversed , if th~ same be erroneous: PrOVIded, however, That a proper cita- tion recitiog the substallCO of such order shall be served upon

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RULES O~' THE BUP RE ~!E COURT. 35 such represeutative, either personally or by beiug left at his residence, at least si.xty days before the begiuniug of the term of the Supreme Court then next ensuing: And provided, also, That in eve,-y such case if the representative of the deceased party does not appear by the tenth day of the term next suc- ceediug said suggestion, and the measures above provided to compel the appearance of such representative have not been taken within time as above required, by the opposite party, • the case shall abate: And provided, also, That the said representative may at any time before or after said sugges- tion come in and be made a party to the sui t, and thereu pon the case shall proceed, and be heard and determiued as iu otl,er cases. HI. • NO A.PPEAltLVCE OF PLAINTIFF. Where no counsel appears and no brief has been filed for the p laiutiff iu error or appellant, when the case is called for trial, the defendant may have the plaiutiff called and tbe \vrit of error or appeal dismissed, or may open the record and pray for an affirmance. • 17. NO APPEARANOE OF DEFENDANT. Where the defendant fails to appear when the case is called for trial, the court may proceed to hear an argument on the part of the plaiutiff and to give judgment accordiug to tbe righ t of the case. 18. NO APPEARANCE OF EITHER PARTY. When a case is reached iu the regular call of the docket, and there is no appearance for either party, the case shall be dismissed at the cost of the plaiutiff. 10. NEITHER PARTY READY AT SEOOND TERM. • When a case is called for argument at two successive terms, and upon the call at the second term neither party is pre- pared to argue it, it shall he dismissed at the cost of the plain- tiff, unless sufficient cause is shown for further postponement.

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36 B OLES OF THE SUPREME COURT. 20. PRlNTED ARGUMENTS. 1. In all cases brought here on wri t of error, appeal, or othen,~se, tbe court will receive prin ted arguments without regard to tbe number of the case on the docket, if t he counsel on both sides sball choose to submit the same within the first ninety days of the term; and, in addition, appeals from the • Court of Claims may be submitted by both parties within • thirty days after they are docketed, but not after the first day of April; but twenty-five copies of the argumen ts, signed by attorneys or counsellors of this court, must be first filed. 2. When a case is reached in the regular call of the docket, and a prin ted argument shall be filed for one or both parties, tbe case shall stand on the same footing as if there were an appearance by counsel. 3. When a case is taken up for trial upon t he r egular call of the docket, and argued orally in behalf of on ly one of the par- ties, no printed argument for the opposite party will be re- ceived, unless it is filed before the oral argument begins, and the court will proceed to consider and decide the case upon tbe ex parte argumen t. 4 . No brief or argument ,viii be received, either through the clerk or otherwise, after a case has been argued or sub- mitted, except UpOll leave granted in open court after notice to opposing counsel. 2 1. BRIEFS . The counsel for plaintiff in error or appellant shall file 1. with tbe clerk of the court, at least six days before the case is called for argument, twenty·five copies of " printed brief, , one of which shall, on application, be furn ished to eacb of tbe counsel engaged upon the opposite side. 2. This brief shall contain, in tbe order bere stated- (1) A concise abstract, or statemen t of t be case, presenting • sur.cinctly the questions involved and the manner in which they are raised. (2) A specification of tbe errors relied upon, which, in . cases brought up by writ of error, shall set out separately

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, RULES OF THE 8UPREH.E OOURT. 87 and particularly each error asserted and intended to be urged; and in cases brough t up by appeal the specificatiOn shall stllte, as particularly as may be, in what the decree is alleged to be erroneous. When the error alleged is to the admission or to tbe rejection of evidence, the specifie&tien shall quote the full substance of the evidence admitted or rejected. When tbe error alleged is to the cbarge of tbe court, the specification shall set out the part referred to totide", verbis, whetber it be instructions given or instruc- tions refused. Wben the error aUeged is to a ruling upon the report of a master, the specification shaU state the excep- tion to tbe report and the action of tbe court upon it. (3) A brief of the argument, exbibiting a clear statement of tbe points of law or fact to be discussed, with a reference to the pages of tbe record and the authorities relied upon in support of each point. When a statute of "State is cited, so much thereof as may be deemed necessary to tbe decision of tbe case shall be printed at length. 3. The counsel for" defendant in error or an appellee shall file with the clerk twenty-five printed copies of his argument, at least three days before the case is called for hearing. His brief shall be of like ch ..racter witb that required of tbe plaintiff in error or appeUa!'t, ..'

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38 RULES OF THE SUPREME OOURT. 22. ORAL ARGUMENTS. • 1. The plaU;till or appellant in this court shall be entitled to open and conclude the argument of the case. But when there are cross-appeals they shall be argued together as one ease, and the plain till in the court below shaU be entitled to open and conclude the argumen t. 2. Only two counsel will be heard for each party on tbe argument of a case. 3. Two hours on eacb side wiII be allowed for tbe argu- ment, and no more, without special leave of the court, • granted before tbe a.rguinent begins. The time thus allowed may be apportioned between the counsel on the same side, at their discretion: Provided, always, That a fair opening of tbe case sball be made by the party having tbe opening and closing argumen ts. 23. INTEREST. 1. In cases wbere a writ of error is prosecuted to this court, 0' /llld t he judgment of the inferior court is affirmed, the inter- est shall be calculated and levied, from tbe date of the judg- ment below until the same is paid, at the same rate that similar judgments bear interest in tho courts of the State wbere such judgment is rendered. 2. In all cases where a writ of error shall delay the pro- ceedings on the judgment of the inferior court, and shall 0' appear to have been sued out merely for delay, damages at a rate not exceeding 10 per cent., in addition to interest, shall be awarded upon the amount of the judgment. ,. 3. Tho same rule shall be applied to decrees for the pay- ment of money in cases in equity, unless otherwise ordered by this court. 4. In cases ill admiralty, damages and interest may be allowed if specia.lly directed by the court. ".

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RULES 0,' THE SUPREME OOURT. 39 24. 0081'8. 1. In all cases where any suit shall be dismissed in this court, except where the dismissal shall be for want of juris- diction, costs shall be allowed to the defendant in error or appellee, unless otherwise agreed by the parties. 2. In all cases of affirmance of any judgment or decree in this court, costs shall be all owed to the defend ant in error or appellee, unless otherwise ordered by the court. 3.- In cases of reversal of any judgment or decree in this • court, costs shall be allowed to the plaintiff in error or appel- lant, unless otherwise ordered by the court. The cost of t he transcript of the record from t he 'ourt below sball be a part • of such costs, and be taxable in that court as costs in the case. 4. Neither of tbe foregoing sections shall apply to cases • where the United States are a party; but in such cases no costs shall be allowed in this court for or against the Uni ted States. • 5. In all cases of the dismissal of any suit in this court, it shall be the duty .of the clerk to issue a mandate, or other proper process, in the nature of a procedendo, to the court below, for the purpose of' informing such court of the pro- ceedings in this court, so th"t further proceedings may be had in such court as 1,0 law and justice may appertain. 6. When costs are all owed in this court, it shall be the • duty of the clerk to insert the amount thereof in the body of the mandate, or other proper process, sent to the court below, and annex to the same the bill of items taxed in detail. 7. In pursuance of the act of March 3, 1883, authorizing • and empowering this court to prepare a table of fees to be charged by the clerk of this court, the following table is adopted: For docketing a case and filing and indorsing the tran- scri pt of the record, five dollars. For entering an appearance, twenty-five cents. For entering a continuance, twenty-five cents. For filing a motion, order, or other paper, twenty-five cents . . •

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40 RULES OF THE SUPREME OOURT. For en tering any rule, or for making or copying any record or other paper, twenty cents per folio of each one hundred words. For transferring each case to a subsequent docket and indexing the same, one dollar. For entering a judgment or decree, one dollar. For every search of the records of the court, one dollar. For a certificate and seo.l, two dollars. For receiving, keeping, and paying money in pursuance of • any statute or order of court, two per cent. on the amount I!O received, kept, and paid. For an admission to the bar and certificate under seal, ten • dollars. For preparing the record or a transcript thereof for the printer, indexing the same, supervising the printing, • and distributing the printed copies to the justices, the reporter, the law library, and the parties or their counsel, fifteen cents per folio; but when the necessary printed copies • of the record, as printed for the use of the lower court, shall bo furnished, the fee for supervising shall be five cents per folio. • For making a manuscript copy of the record, when re- quired under Rule 10, twenty cents per folio , but nothing in addition for supervising the printing. For issuing a writ of error and accompanying papers, five dollars. For a mandate or other process, five dollars. For filing briefs, five dollars for each party appearing. For every printed copy of any opinion of the court or any justice thereof, certified under seal, two dollars. 25. .> OPfNIONS OF THE COURT. 1. All opinions delivered by the court shall, immediately upon the delivery thereof, be handed to the clerk to be re- corded. And it sho.ll bo the duty of the c10rk to cause the same to be forthwith rocorded, and to .deliver a copy to the reporter as soon as the sarno shall be recorded. 2. The origino.l OpiniODS of the court shall be filed with the clerk of this court for preservation. 3. Opinions printed under tbe supervision of the justices • delivering the same need not be copied by the clork into a

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RULES O~ THE SUPREME OOURT. 41 book of records; but at the end of each term the clerk shall cause such printed opinions to be bound in a substantial man- ner into one or more volumes, and when so bound they shall be deemed to have been recorded within the meaning of this rule. 26. OALL AND ORDER OF THE DOOKET. • 1. The court, on the second day in each term, will com- mence calling the cases for argument in the order in which they stand on the docket, and proceed from day to day dur- ing the term in the same order (except as hereinafter pro- vided) ; and if the parties, or either of them, shall be ready when the case is called, the same will be heard ; and if neither • party shall be ready to proceed in the argument, the case shall go down to the foot of the docket, unless some good and satisfactory reason to the contrary shaU be shown to the court. 2. Ten cases only shall be considered as liable to be called on each day during the term. But on the coming in of the • court on each day the entire number of such ten cases "nil be called, with a view to the disposition of such of them as are not to be argued. 3. Criminal cases may be advanced by leave of the court on motion of either party. 4. Cases once adjudicated by this court upon the merits, and again brought up by writ of eITor or appeal, may be ad- vanced by leave of the court on motion of either party. 5. Revenue and other cases in which the United States are concerned, which also involve or affect some matter of general public interest, may also by leave of the court be advanced on motion of the Attorney-General. 6. All motions to advance cases must be printed, and must contain a brief statement of the matter involved, with the • reasons for the application. 7. No other case will be taken up out of the order on the docket, or be set down for any particular day, except under • special and peculiar circumstances to be shown to the court. Every case which shall have been called in its order and passed and put at the foot of the docket shall, if not again reached during the term it was called, be continued to the next term of the court.

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42 RULKS OF THE SUPUEM E cou nT. 8. Two or more cases, involving the same question, may, by the leave of the court, be heard together, but they must be argued as one case. 9. If, after a case has been passed under circumstances which do not place it at the foot of the docket, the parties shall desire to have it heard, they may fil e with the clerk their joint request to that effect, and the case shall then be by him reinstated for call ten cases after that under argumen t, or next to be called at the end of the day the request is filed . If the parties will not unite in such a request, either may move to take up the case, and it shall then be assigued to such place upon the docket as the court may direct. 10. 0 stipulation to pass a case without placing it at the foot of t he docket will be recognized as binding upon the court. A case can only be so passed upon application made and leave granted in open court. 2 7. ADJOURNMENT. The court will, at every term, announce on what day it will • adj ourn at least ten days before t he time which shall be fixed upon, and the court will take up no case for argument, nor receive any ease upon printed briefs, within three days next before the day fixed upon for adjournment. 28. DlSMl SSlNG OASES IN VA AT ION. Whenever the plaintiff and defendant in a writ of error pending in this court, or the appellant and appellee in an appeal, shall in vacation, by their attorneys of record, sign and file wi th the clerk an agreement in \vriting directing the case to be dismissed, and specifying the terms on which it is to be dismissed as to costs, and shall pay to the clerk any fees that may be due to him, it shall be the duty of the clerk to enter t be case di missed, and to give to either party requesting it a copy of the agreement med; hut no mandate • or other process ahall iSBue without an order of the court. •

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RULES OF THE SUPREME COURT. 48 29. SUPERSEDEAS. Supersedeas bonds in the circuit courts must be taken, with good and sufficient security, that the plaintiff in error or ap- pellant shall prosecute his writ or appeal to effect, and answer all damages and costs if he fail to make his plea good. Such indemni ty, where the judgment or decree is for the recovery I. of money not otherwise secured, must be for the whole amount of the judgment or decree, including just damages for delay, and costs and interest on the appeal; but in all • sllits where the property in controversy necessarily follows the event of the suit, as in real actions, replevin, and in suits on mortgages, or where the property is in the custody of the • marshal under admiralty process, as in case of capture or seizure, or where the proceeds thereof, or a bond for the value thereof, is in the custody or control of the court, indemnity in all such cases is only required in an amount sufficient to secure the sum recovered for the use and detention of the property, and the costs of the scit, and just damages for delay, and costs and interest on the appeal. 30. REHEARING. A petition for rehearing after judgment can be presented only at the term at which judgment is entered, unless by special leave granted during the term; and must be printed and briefly and distinctly state its grounds, and be supported by certificate of counsel; and will not be granted, or permitted to be argued, unless It justice who concurred in the judgment desires it, and a majority of the court so determines. 31. FORM OF PRINTED RECORDS AND BRrEFS . All records, arguments, and briefs, printed for the use of the court, must be in such form and size that tbey can be con- • veniently bound together, so as to make an ordinary octavo volume; and, as well as all quotations contained therein, and the covers thereof, must be printed in clear type (never smaller than small pica ) and on unglazed paper. , I

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44 RULES OF THE SUPREME COURT. 32. WRITS OF EBROR AND APPEALS UNDER THE ACT OF FEBRUARY 25, 1889, CHAPTER 236, OR UNDER SECTION 5 OF THE ACT OF MAROH 3, 1891, CHAPTER 517. Cases brought to this court by writ of error or appeal, under the act of February 25, 1889, chapter 236, or under section 5 of the act of March 3, 1891, chapter 517, where the only ques- tion in issue is the question of the jurisdiction of the court . below, will be advanced on motion , and heard under t be rules prescribed by Rule 6, in regard to motions to dismiss writs of error and appeals. 33. MODELS, DIAGRAMS, AND EXsmrrs OF MATERIALS. • 1. Models, diagrams, and exhibit of material forming part of tbe evidence t aken in the court below, in any case pending in this court, on writ of error or appeal, sball be placed in the custody of tho marshal of this court at least one month before tbe case is heard or submitted. 2. All models, diagrams, and exhibits of material, placed in • t he custody of the marsbal for tbe inspection of the court on the hearing of a case, must be taken away by the parties • within ono montb after the case is decided. When this is not done, it shall be tbe du ty of the marsbal t o no tify the counsel in the ca e, by mail or otherwise, of the requirements of this rule ; and if t he articles are not removed within a reasonable t ime after the notice is given, he shall destroy them, or make such other disposition of them as to him may seem best. 34. CUSTODY OF PRISONERS ON HABEAS CO RPUS. 1. P ending an appeal from the fmal decision of any court or judge declining to grant the writ of habeas corpus, the custody of t he prisoner shall not bo disturbed . 2. Pending an appeal from the final decision of any court or . judge discharging the writ after it has been issued , the pnsoner shall be remanded to the custody from whicb he was ta ken by tho writ, or shall, for good cause shown, be I f

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. BULES OF THE SUPREME OOURT. 45 detained in custody of the court or judge, or be enlarged upon recognizance as hereinafter provided. 3. Pending an appeal from the final decision of any court or judge discharging the prisoner, he shnll be enlarged upon , recognizance, with surety, for appearance to answer the judgment of the appellate court, except where, for special reasons, sureties ought not to be required. 35 . • ASSIGNMENT OF ERRORS. 1. Where an appeal or a writ of error is taken from a dis- trict court or a circuit court direct to this court, under section 5 of the act entitled" An act to establish circuit courts of appeals and to defin e and regulate in certain cases the juris- diction of the courts of the United States, nnd for other purposes," approved March 3, 1891, the plaintiff in error or appellant shall file with the clerk of the court below, with his petition for the writ of error or appeal, an assignment of errors, which shall set out separately and particularly each error asserted and intended to be urged. No writ of error or appeal shall be allowed until such assignment of errors shall have been filed. When tbe error alleged is to the admission or to the rejection of evidence, the assignment of errors shall quote the full substance of the evidence admitted or rejected. When the error alleged is to the charge of the court, the assignment of errors shall set out the part referred to totidem verbis, whether it be in instructions given or in instructions refu sed . Such assignment of errors shall fonn part of the transcript of the record, and be printed with it. When this is n ot done counsel will not be heard, except at the request of the court; and errors not assigned aceording to this rule will be disregarded, but the court, at its option, may notice a plain error not nssigned. 2. The plaintiff in error or appellant shall cause the rpcord to be printed, according to the provisions of sections 2, 3, 4, 5, 6, and 9, of Rule 10 . •

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46 R ULES OF THE SUPREME OOURT . 36. APPEALS AND WRITS OF ERROR . 1. An appeal or a writ of error from a circuit court or a district court direct to this court, in the cases provided for in sections 5 and 6 of the nct entitled " An act to establish cir- cuit courts of appeals, and to define and regulate in certain cases the jurisdiction of the courts of the United Stales, and for other purposes," approved March 3, 1891, may be allowed, .' in lerm time or in vacation, by any justice of this court, or by any circuit judge within his circuit, or by any district judge within bis district, and the proper security be taken and the citation signed by him, and he may also grant a supersedeas and stay of execution or of proceedings, pending such writ of error or appeal. • 2. Where such writ of error is allowed in the case of a con- vict.ion of an infamous crime, or in any other criminal case in .' which it will lie under said sections 5 and 6, the circuit court or district court, or any justice or .judge thereof, shall have power, after the citation is served, to admit the accused to bail in such amount as may be fixed. 37. CASES FROM OIROU IT COURT OF APPEALS . 1. Where, under section 6 of the said act, a Circuit Court of Appeals shall certify to this court a question or proposition of law, concerning whicb it desires the inlltruction of this court . for its proper decision, tbe certificate shall contain a proper statoment 01 the facts on whicb such question or proposition of law anses. 2. IT application is tbereupon made to this court tbat tbe whole record and cause may be sent up to it for its considera- tion, the party making such application sball, as a part thereof, furnish this court with" certified copy of t he wbole of said record. 3. Where application is made to this court under section 6 .( of tbe said act to require a case to be certified to it for its re';ew and determination, a certified copy of the entire record of the case in the circuit court of appeals shall be furnisbed to this court by the applicant, as part of the appli- cation. " \

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RULES OF THE S~PRE ME COURT 47 38. INTEREST J COSTS, A1\T]) FEES. The provisions of Rules 23 and 24 of this court, in regard to ·interest and costs and fees, shall apply to writs of error and appeals and reviews under the provisions of sections 5 and 6 of the said act. 39. MANDATES. Mandates shall issue as of course after tbe e}.']liration of thirty days from the day the judgment or decree is entered, unless the time is enlarged by order of the court, or of a justice thereof when the court is not in session, but during the term . • J

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., '". .,

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ORDER IN REFERENOE TO APPEALS FROM THE OOURT OF OLAIMS. REGULATIONS pnESCBTBED Br TUE SUPXEME COURT OF TBJf UNITED ST4.TES UNDEl' WHICH APPEALS ltlA.Y BE TA.KEN FROM THE COURT 0 _1" OLALMS TO snD SUPBEME COURT. Rule 1. In all cases hereafter decided in the Court of Claims in which, by the act of Congress, such appeals are allowable, they shall be heard in the Supreme Court upon the following record, and none other : 1. A transcript of the pleadings in the case, of the final judgment or decree of the court, and of such interlocutory orders, rulings, judgments, and decrees as may be necessltry to a proper review of the case. 2. A finding by the Court of Claims of the facts in the case established by the evidence in the nature of a special verdict, but not the evidence establishing them; and a separate statement of the conclusions of law upon said facts, upon which the court founds its judgment or decree. The finding of facts and conclusions of law to be certified to this court as a part of the record . Rule 2. In all cases in which judgments or decrees have heretofore been rendered, where either party is by law entitled to an appeal, the party desiring it shall make application to the Court of Claims by petition for the allowance of such appeal. Said petition shall contain a distinct specification of the errors alleged to have been committed by said court in its rulings, judgment, or d,ecree in the case, The court shall, if the specification of the alleged error be correctly and accu- rately stated, certify the same, or may certify such alterna- tions and modifications of the points decided and alleged for ]0873--07----4 49 I

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50 APPEALS FROM THE OOU RT OF OLAIMS. error 88, in the judgment of said court, shall distinctly, fully, and fairly present the points decided by the court. This, with the transcript mentioned in Rule 1 (except the statement of facts an(l law therein mentioned), shall con- stitute the record on which those cases shall be heard in the ". Supreme Court. Rule 3. In all cases an order of allowance of appeal by the Court of Claims, or the chief-justice thereof in vacation, is essential, and the limitation of time for granting such appeal sball cease ., to run from the time an application is made for tbe allowance of appea\. Rule 4. In all cases in which either party is entitled to appeal to the Supreme Court, the Court of Claims shall make and file tbeir finding of facts, and tboir conclusions of law therein, in open " court, before or at the time tbey enter their judgment in the case. Rule 5. In every such case, each party, at such time before trial and in sucb form as the court may prescribe, shall submit to it a request to find all the facts which the party considers proven and deems material to t he due presentation of the case in the finding of facts. OOTOBER TERM, 1882. Ordered, That Rule 1, in reference to appeals from the Court of Claims, be, and the .ame is hereby, made applicable to appeals in all cases heretofore or hereafter decided by that court under the jurisdiction conferree! by the act of June 16, 1880, c. 243, "to provide for the settlement of all outstanding claims against the District of Columbia, and conferring juris- diction on the Court of Claims to hear the same, and for other purposes. " .' I,

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RULES OF PRACTIOE FOR THE COURTS OF EQUITY OF THE UNITED STATES. PRELDrrINARY REGULATIONS. 1. The circuit courts, as courts oC equity, shall be deemed always opon for the purpose of filing bills, answers, and otber pleadings; for issuing and returning mesne and nnal process and commissions; and for making and directing "II interlocu- tory motions, orders, rules, and other proceedings, prepara- tory to hearing of all causes upon their merits. 2. The clerk's office shall be open, and the clerk shall be in attendance therein, on the first Monday of every month, for the purpose of receiving, entering, entertaining, and disposing of all motions, rules, orders, and other proceedings, which are grantable of course and applied for, or had by the parties or their solicitors, in all causes pending in equity, in pursuance of the rules hereby prescribed. 3. Any judge of the circuit court, as well in vacation as in term, may, at chambers, or on the rule-days at the clerk's office, make and direct all such interlocutory orders, rules, and other proceedings, preparatory to the hearing of all causes upon "their merits in the same manner and with the same effect as the circuit court could make and direct the same in term, reasonahle notice of tbe application therefor being first given to the "dverse party, or his solicitor, to appear and show cause to tbe contrary, at the next rule-day there- after, unless some otber time is assigned by tbe judge for tbe bearing. 51

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52 RULES OF PRAOTI CE I N EQUI TY. 4. All motions, rules, orders, and other proceedings, made and direoted at ohambers, or on rule-days at t he clerk's offi ce, whether special or of course, shall be entered by the clerk in an order-book, to be kept at the clerk's offi ce, on the day when they are made and directed ; which book shall be open at all office hours to the free inspection of t he parties in any suit in equitYJ and their solicitors. And , except in cases where personal or other notice is specially required or directed, such entry in the order-book shall be deemed sufficient notice to the parties and their solicitors, wit hout further service t hereof, of all orders, rules, acts, notices, and other proceedings entered in such order-book toucbing any and all the mat ters in tbe suits to o.nd in whicb tbey arc parties and solicitors . .And nouce to tbe solicitors sball be deemed not,ice to t he parties from wbom they appear and whom tbey represent, in all cases where personal notice on tbe parties is not otherwise specially req uired. Where the solicitors for all the parties in a suit reside in or near tbe same to wn or city the judges of tbe circuit court may, by rule, abridge the time for notice of rules, orders, or other proceedings not requiring personal service on the parties, in their discret.ion. 5. All mouons o.nd applioations in the clerk's office for t he issu- ing of mesne process and final process to enforce and execute decrees; for filing bills, answers, pleas, demurrers, and other pleadings; for making amendments to bills and answers; for laking bills pro confesso; fo r fi ling exceptions; and for other proceedings in tbe clerk's office which do not, by t he rules here- .. inafter prescribed, require any allowance or order of tbe court or of any judge t,hereof, shall be deemed motions and applications grantable of course by l he clerk of the court. But t he same may be suspended, or altered, or rescinded by any judge of tho court, upon special cause shown . 6. • All motions for rule$ or orders and other proceedings, which are not grantable of course or without notice, shall, uoless a different time be assigned by a judge of t be court, be made on a ruJe-day, and entered in the order-book, and shall be

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"RULES OF PRAOTIOE IN EQUITY. 53 heard at the rule-day next after that on which the motion is made. And if the adverse party, or his solicitor, shall not then appear, or shall not show good cause against the same, the motion may be heard by any judge of the court eo; parte, and granted, as if not objected to, or refused, in his discretion. PROCESS. 'T. The process of subpcena shall constitute tbe proper mesne • process in all suits in equity, in the first instance, to require the defendant to appear and answer the e"igency of the bill; and , unless otherwise provided in the~ rules, or specially or- dered by the circuit court, a writ of attachment, and, if the defendant can not be found, a writ of sequestration, or "writ of assistance to enforce a delivery of possession, as the case may require, shall be the proper process to issue for the pur- pose of compelling obedience to any interlocutory or final order or decree of t.he court. 8., Final process to execute any decree may, if the decree be solely for the payment of money, be by a writ of execution, in the form used in the circuit court in suits at common law in actions of assumpsit. If tbe decree be for the performance of any specific act, as, for example, for the execution of .. conveyance of land or the delivering up of deeds or other documents, tbe decree shall, in all cases, prescribe the time within which tbe act shall be done, of which the defendant sball be bound, without furtber service, to take notice; and upon affidavit of the plaintiff, £Jed in the clerk's office, that tbe same has not been complied with within tbe prescribed time, the clerk sha.!l issue a writ of att.achment against the delinquent party, from which, if attached t.hereon, he shan not be discbarged, unless upon a fuJI compliance ,vith t,be decree and the payment of all costs, or upon a special order of the court, or of a judge thereof, upon motion and affidavit, enlarging the time for the performance thereof. If tbe delinquent party can not be found , a writ of sequestration sball issue against his estate upon tbe return of non est inventu8, to compel obedience to tbe decree.

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RULES OF PRAOTIOE IN EQUITY. 9. When any decree or order is for the delivery or possession, upon proof made by affidavit of a demand and rehlsal to obey t he decree or order, the party prosecuting the same shall be entitled to a writ of assistance from the clerk of the court. 10. Every person, not being a party in any cause, who has obtained an order, or in whose favor all order shall bave been made, sball be enabled to enforce obedience to such order by • the same process as if he were a party to the cause; and every person, not being a pnrty in any cause, against whom obedience to any order of the court may be enforced, sban be liable to t he same process for enforcing obedience to such orders as if be were a party in the cause. SEltVIOE OF PROCESS. 11. No process of subprena shall issue from the clerk's office in any suit in equity until the bill is filed in the office. 1"-. Whenever a bill is filed, the clerk shan i ue the process of subprena thereon, as of course, upon tbe application of tbe plaintiff, wbich shan contain the Christian names as well as the surnames of the parties, and sbaU be returnable into tbe clerk's office the next rule day, or the next rule day but one, at tbe election of the plaintiff, occurring after twenty days from the time of the i · UiIlg thereof. At the bottom of tho .ubprena shall be placed a memorandum, that the defendant is to enter his appearance in the suit in the clerk's office on or before tbe day at which the writ is returnable; otherwise tbe bill may be taken pro confesso. Wbere there are more • , tban one defendant, a writ of subprena may, at tbe election of the plaintiff, be sucd out separately for each defendant • except in the case of husband and wife defendants, or a joint subprena against all tbe defendants.

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RULES OF PRACTIOE IN EQUITY. 55 \ 13. The service of all subprenas shall be by a delivery of a copy thereof by the officer serving the same to the defendant per- sonally, or by leaving a 'copy thereof at the dwelling-house or usual place of abode of each defendant, with some adult person who is a member or resident in the family. 14. Whenever any subprena shall be returned not executed as to any defendant, the plaintiff shall be entitled to another subprena, toties guoties, against such defendant, if he shall require it, until due service is made. 15. The service of all process, mesne and final, shall be by the marshal of the district, or his deputy, or by some other per- son specially appointed by the court for that purpose, and not otherwise. In the latter case, the person serving the process shall make affidavit thereof. 16. Upon the return of the subprena as served and executed upon any defendant, the clerk shall enter the suit upon his docket as pending in the court, and shall state the time of the entry. APPEARANCE. 1'7. The appearance-day of the defendant shall be the rule-day to which the subprena is made returnable, provided he has been served with the process twenty days before that day; otherwise his appearance-day shan be the next rule-day suc- . ceeding the rule-day when the process is returnable. The appearance of the defendant, either personally or by his solicitor, shall be entered in tbe order-book on the day tbereof by tbe clerk.

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56 RULES OF PRAOTIOE IN EQUITY. BILLS TAKEN PRO CONFESSO. 18. It shan be the duty of the defendant, unless the time shan be otherwise enlarged , for cause shown, hy a judge of the court, upon motion for that purpose, to file his plea, de- murrer, or answer to the hill, in the clerk's offi ce, on the rule- day next succeeding that of entering his appearance. In default thereof, tbe plaintiff may, at his election, enter an order (as of course) in the order-book, that the bill he taken pro confesso; and thereupon the causo shall be proceeded in ex parte, and the matter of the bill may be decreed by the court at any time after the expiratiob of thirty days from and after the entry of said order, if the same can he done without an answer, and is proper to he decreed; or the plain- tiff, if he requires any discovery or answer to enable him to obtain a proper decree, shall be entitled to process of attach- ment agaip.st the defendant to compel an answer, and the defendant shall not, when arrested upon such process, he discharged therefrom , unless upon filing his answer, or otherwise complying with such order as tho court or a judge thereof may direct as to pleading to or fully answering the hill, withi.n a period to he fixed by the court or judge, and undertaking to speed the cause. 10. Wllen the bill is taken pro confesso the court may proceed to a decreo at any time after the e.'

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BULES OF PBAOTIOE IN EQUITY. 67 FRAME OF BILLS. 20. Every bill, in the introductory part thereof, shall contain the names, places of abode, and citizenship of all the parties, plaint iffs and defendants, by and against whom the bill is brought. The form, in substance, shall be as follows: " To the judges of the circuit court of the United States for the district of - : A. B., of - - , and a citizen of the State of- -, brings this his bill against O. D., of - - , and a citizen of the State of - -, and E. F., of - - , and a citizen of the State of - . And thereupon your orator complains and says that," etc. 21. The plaintiff, in his bill, shall h~ at liberty to omit, at his option, the part which is usuaUy caUed the common con- fed eracy clause of the bill, averring a confederacy between the defendants to injure or defraud the plaintiff ; also what is commonly caUed the charging part of the bill, setting forth the matters or e.'

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58 RUL.ES OF PRACTIOE I N EQUITY. or that t hey call not be joined without ousting the jurisdic- tion of the court as to the other parties. And as to persons who are without t he jurisdiction and may properly be made parties, the bill may pray that proeess may issue to make them parties to the bill if thoy should come within the juris- diction. 23. The prayer for process of subprena in the bill shall contain the names of all the defendants named in tho introductory part of the bill, and if any of them flrc known to be infants under age, or otherwise under guardianship, shall state the fact , so that the court may take order thereon, as justice may require upon the return of the process. U an injunction, or a writ of m "",eat regno, or any other special order , pending the suit, is asked for in the prayer for relief, that shall be suffi- cient, without repeating the same in the prayer for process. ,. 24. Every bill shall contain the signature of counsel annexed to it, which shall be considered as an affirmation on his part that, upon the instructions given to him and the case laid before him, there is good ground for the suit, in the manner in which it is framed . 25. In order to prevent unnecessary costs Rnd expenses, and to promote brevity, succinctness, and directness in tho allega- tions of bills and answers, the regular taxable costs for every bill and answer shall in 110 caSe exceed the sum which is al- lowed in the State court of chancery in the district, if any there be; but if there be none, then it shall not exceed the sum of three dollars for every bill or answer. SCANDAL AND DU'ERTINENCE IN DlLLS . 26. Every bill shall be expressed in as brief and succinct terms • as it reasonably can he, and shall contain no unnecessary re- , citals of deeds, documents, contracts, or other instruments in hzc "erba, or any other impertinent matter, or any scandal~ OUB matter not relevant to the suit. If it does, it may, on

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RULES OF PRAOTICE IN i:QUITY. 69 exceptions, be referred to a master, by any judge of the court, for impertinence or scandal; and if so found by rum, the mat- ter shall be e:~punged at the expense of the plaintiff, and he shall pay to the defendant all rus costs in the suit up to that time, unless the court or a judge thereof shall otherwise order. If the master shall report that the hill is not scandalous or impertinent, the plaintiff shall be entitled to all costs occa- sioned by the reference. 27. No order shall be made by any judge for referring any bill, answer, or pleading, or other matter or proceeding, depending before the court, for scandal or impertinence, unless excep- tions are taken in writing and signed by counsel, describing the particular passages which are considered to be scandalous or impertinent; nor unless the exceptions shall be filed on or before the next rule-day after the process on the bill shall be returnable, or after the answer or plcading is fil ed. And stich order, when obtained, shan be considered as abandoned, unless the party obtaining the order shall, witbout any un- • necessary delay, procure the master to examine and report for the same on or hefore the next succeeding rule-day, or the master shan certify that further time is necessary for him to complete the examination. AMENDMENT OF BILLS. 28. The plaintiff shan be at liberty, as a matter of course, and without payment of costs, to amend his bill, in any matters whatsoever, before any copy has been taken out of the clerk's office, and in any small matters afterwards, such as filling blanks, correcting errors of dates, misnomer of parties, mis- description of premises, clerical errors, and generally in mat- ters of form. But if he amend in a material point (as be may do of course) after a copy bas been so taken, before any answer or plea or demurrer to the bill, he shall pay to the de- fendant the costs occasioned t bereby, and shall, without delay, furnish rum Il. fair copy thereof, free of expense, with suitable references to the places where the same are to be inserted. And if the amendments are numerous, he sball

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60 RULES OF PRAQTIOE rN EQU ITY. furnish, in like manner, to the defendant, It copy of the whole bill 8S amended; and if tbere be more than one defendant, a copy sb •.l1 be furnished to each defendant affected thereby. 29. After an answer, or plea, or demurrer is put in, and before replication, the plaintiff may, upon motion or petition, with- out notice, obtain an order from any judge of t he court to amend his bill on or before the next succeeding rule-day, upon payment of costs or without payment of costs, as the court or a judge tbereof may in his discretion direct. But after rep- lication filed, t he plaintiff shall not be permitted to witbdraw it and to amend his bill, except upon a special order of .. judge of the court, upon motion or petition, after due notice to t be other party, and upon proof by affidavit that t be same is not made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable diligence have been sooner introduced into tbe bill , and upon t he plaintiff's submitting to such other terms as may be imposed by the judge for speeding the cause. 30. n the plaintiff so obtaining any order to amend his bill after 8JlSwer, or plea, or demurrer, or after replication, s hall not fH e his amendments or amended bill , as the case may require, in the clerk's office on or before tbe next succeeding rule-day, be shall be considered to bave abandoned the same, and tbe cause abaU proceed as if no application for any amendment had been made. DEMURRERS AND PLEAS. 31. No demurrer 6r plea shall be allowed to be fil ed to any bill unless upon a certificate of counsel, that in his opinion it i~ well founded in point of law, and supported by the affidavit of the defendant ; that it is not interposed for delay' and if a • plea, that it is true in point of fact . " -.

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RULES OF PRAOTlOE IN EQITITY. 61 32. The defendant may at any time before the bill is taken for confessed, or afterward with the leave of the court, demur or plead to the whole bill, or to part of it, and he may demur to part, plead to part, and answer as to the residue; but in every case in which the bill specially cbarges fraud or combi~ nation, a plea to such part must be accompanied with an answer fortifying the plea and explicitly denying the fraud and combination, and the facts on which the charge is founded. 33. The plaintiff may set down the demurrer or plea to be argued, or he may take issue on the plea. If, upon an issue, the facts stated in the plea be determined for the defendant, they shall avail him as far as in law and equity they ought to avail him. 34. If, upon the hearing, any demurrer or plea is overruled, the plaintiff shall be entitled to his costs in the cause up to that period unless the court shall be satisfied that the defendant has good ground, in point of law or fact, to interpose tho same, and it was not interposed vexatiously or for delay. And, upon the overruling of any plea or demurrer, the defendant . shall be assigned to answer the bill, or so much thereof as is covered by the plea or demurrer, the next succeeding rule- day, or at such other period as, consistently with justice and the rights of the defendant, the same can, in the judgment of the court, be reasonably done; in default whereof, the bill shall be taken against him pro confesso, and the matter thereof proceeded in and decreed accordingly. 35. If, upon the hearing, any demurrer or plea shall be allowed, the defendant shall be entitled to his costs. But the court may, in its discretion, upon motion of the plaintiff, allow him to amend his bill, upon such terms as it shall deem reasonable.

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62 RULES OF PlU(7rIOE I N EQUITY. 36. No demurrer or plea shall be held bad and overruled upon argument, only because such demurrer or plea shall not cover so much of the bill as it might by law have extended to. 37. No demurrer or plea shall be held bad and overruled upon argument, only because the answer of the defendant may extend to some part of the same matter as may be covered by such demurrer or plea. 38. H the plaintiff shall not reply to any plea, or set down any pie.. or demurrer for argument on tbe rule-day when the same is filed, or on the next succeeding rule-day, be sball be deemed to admit tbe truth and sufficiency tbereof, and his bill shall be dismissed as of course, unless a judge of the court sball allow bim further time for that purpose. ANSWERS. 89. Tbe rule, that if a defendant submits to answer he shall answer fully to all the matters of the bill, shall no longer apply in cases wbere he might by plea protect himself from such answer and discovery. And tbe defendant shall be entitled in all cases by answer to insist upon all matters of defense (not being matters of abatement, or to tbe character of the parties, or matters of form) in bar of or to tbe merits of tbe bill, of which be may be entitled to avail himself by a pie.. in bar ; and in sucb answer he shall not be compella- ble to answer any other matters thall he would be compel- lable to answer and d.i cover upon 1iling a plea in bar and an answer in support of such plea, touching the matters set forth in tbe bill to avoid or repel tbe bar or defense. Thus , for example, a bonarfide purchaser, for a valuable considera- tion witbout notice, may set up that defense by way of answer instead of plea, and sh,,11 be entitled to the same protection, and shall not be compellable to make any furtber answer or discovery of his title than he would be in any answer in support of such plea.

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RULES OF PRACTICE IN EQU ITY. 63 40. A defendant shall not be bound to answer any statemen t or charge in the bill, unless specially and particularly inter- rogated t hereto; and a defendant shall not be bound to answer any interrogatory in the bill, except tbose interroga- tories w'lllch such defendant is required to answer ; and where a defendant shall answer any statement or cbarge in the bill to wlllch he is not interrogated , only by stating his ignorance of the matter so sta.ted or charged, such a.nswer sball be deemed impertinent. DECEM11ER TERM, 1850. Ordered, That the fortieth rule, heretofore adopted and pro- mulgated by tills court as one of the rules of practice in suits in equity in the circuit courts, be, and the same is bereby, repealed and annulled. And it shall not bereafter be ncces- sary to interrogate a defendant specially aud particularly upon any statement in the bill, unless tbe complainant desires to do so, to obtain a discovery. 41. Tbe interrogatories contained in the in terrogating part of the bill shall be divided as conveniently as Dlay be from each other and numbered consecutively 1, 2, 3, etc.; and the inter- rogatories which each defendant is required to answer shall be specified in a note at t he foot of the hill, in the form or to the effect following, that is to say: "The defendant (A. B.) is required to answer the interrogatories numbered r espec- tively 1, 2,3," ete.; and t he office copy of the bill taken by each defendant shall not contain any interrogatories except those which such defendant is so required to answer, unless such defendant shall require to be furnished with a copy of tbe whole bill . DECEMB ER TErut , 1871. Am. nannent to Forty:fi.rst Equity Rule. U the complainant, in Ills bill , shall waive an answer under oath, or shall only require an answer under oath with regard to certain specified interrogatories, the answer of the defend- ant, though under oath, except such part thereof as shaJl be

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64 R ULES OF PRAOTICE IN EQUITY. directly responsive to such interrogatories, shall not be evi- dence in his favor, unless tbe cause be set down for bearing • on bill and answer only; but may nevertheless be used as on affidavit, with the same effect as heretofore, 011 a motion to grant or dissolvo an inj unction, or on any otber incidental , motion in tbe cause; but this shall not prevent a defendan t {Tom becoming a witness ill his own behalf und e~ section 3 of tbe act of Congress of July 2, 1864. 42. The note at the foot of the bill, specifying the interroga- tories which each defendan t is required to answer, sban be considered and treated as part of the bill , and the addition of any such note to the bill , or any alteration in or add ition to sucb note, after the bill is filed, shall be considered a.ud t reated as an amendment of the bill. 43. Instead of the words of the bill now in use, preceding the interrogating part thereof, and beginning with the words " To t be end t herefore," tbere shall bereafter be used words in tbe form or to t he effect following: " To the end , therefore, t hat the said defendants may, if they can, show why your orator sbould not have the relief hereby prayed, and may, upon their several and respective corporal oaths, and according to the best and utmost of t heir several and respect,ive knowledge, remembrance, information, nnd belief, fu ll, true, direct, and perfect answers ·make t o such of the several interrogat ories hereinafter numbered and set forth , as by t he note hereunder written they aro respectively required to answer; that is to say- " 1. Whether , etc, "2 . Whether, etc." 44. A defendant shall be at liberty, by answer, to decline an- swering !lO Y interrogatory, or par t of an interrogatory , from answering which he might have protected bimself by demux- rer; and he shall be at li berty so to decline, notwithstanding he shall aOSwer other parts of the bill from which he migh t ,. have protected himself by clemurrer. •

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RULES OF PBAOTIOE IN EQUITY. 65 45. No special replication to any answer shall be filed. But if any matter alleged in the answer shall make it necessary for the plaintiff to amend his bill, he may have leave to amend the same with or without the payment of costs, as the court, or a judge thereof, may in his discretion direct. 46. In every case where an amendment shall be made after answer filed, the defendant shall put in a new or supplemental answer on or before the next succeeding rule-day after that on which the amendment or amended bill is filed, unless the time is enlarged or otherwise ordered by a judge of the court; and upon his default, the like proceedings may be had as in cases of an omission to put in an answer. PARTIES TO BILLS. 47. In all cases where it shall appear to the court that persons, who might otherwise be deemed necessary or proper parties to the suit, can not be made parties by reason of their being out of the jurisdiction of the court, or incapable otherwise of being made parties, or because their joinder would oust the jurisdiction of the court as to the parties before the court, the court may, in their discretion, proceed in the cause without making such persons parties; and in such cases the decree shall be without prejudice to the rights of the absent parties. 48. Where the parties on either side are very numerous, and can not, without manifest inconvenience and oppressive delays in the suit, be all brought before it, the court in its discretion may dispense with making all of them parties, and may proceed in the suit, having sufficient pariies before it to represent all the adverse interest of the plaintiffs and the defendants in the suit properly before it. But, in such cases, the decree shall be without prejudice to the rights and claims of all the absent parties. 10873-07---.'>

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66 RULES OF PRA CTI OE IN E QUITY. 49. In ,,11 suits concerrunao real estate which is vested in trustees . by devise, and sucb trustees are competent to sell and gIve discharges for the proceeds of the sale, and for tbe ren ts and profits of the estate, such trustees shall represent the persons beneficially intereste d in the estate, or the proceeds, or the rents and profi ts, in t be same manner and to the same extent as the executors or administrators in suits concerning per- sonal estate represent t he persons benefi cially interested in such personal estate; and in such cases it shall not be neces- sary to make the persons beneficially interested in such real estates, or rents and profits, parties to the suit; but the court may, upon consideration of the matter on the hearing, if it shall so think fit, order such persons to be made parties. 50. In suits to e..'{ecute the trusts of a will, it shall not be neces- sary to make the heir at law a party ; but t he plant1ffs shall be at liberty to make t be heir at law a party where he desires to have the will establisbed against him. 51. In all cases in wbicb t be plaintiff has a joint and severa! demand against several persons, eitber as principals or sureties, it shall not be necessary to bring before tbe court as p arties to a suit concerning such demand all t he persons liable thereto; but t he plaintiff may proceed against one or more of the persons severally liable. 52. Where J.he defendant shall, by his answer, suggest that the bill is defective for want of parties, tbe plaintiff shall be at liber ty, within fourteen days after answer fil ed, to set down tbe cause for argument upon t hat objection only; and the purpose for whicb t he same is so set down sball be notified by an entry, to be made in the clerk's order-book, in the form or to t he effect following (that is to say) : "Set down upon the defendant's objection for want of parties." And where t he plain t iff shall not so set down his cause, but shall proceed therewith to " hearing, notwithstanding an objec-

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BULES OF PRAOTIOE IN EQUITY. 67 tion for want of parties taken by the answer, he shall not, at the hearing of the cause, if the defendant's objection shall then be allowed be entitled as of course to an order for liberty to amend his bill by adding parties. But the court, if it thinks fit, shall be at liberty to dismiss the bill. 53. lt a defendant shall, at the hearing of a cause, object that a suit is defective for want of parties not having by plea or answer taken the objection, and therein specified by name or description of parties to whom the objection applies, the court (if it shall think fit) shall be at liberty to make a decree saving the rights of the absent parties. NOMINAL PA.RTIES TO BILLS. 54. Where no account, payment, conveyance, or other direct relief is sought against a party to a suit, not being an infant, the party, upon service of the subprena upon him, need not appear and answer the bill , unless the plaintiff specially requires him so to do by the prayer of his bill; but he may appear and answer at his option; and if he does not appear and answer he shall be bound by all the proceedings in the cause. If the plaintiff shall require him to appear and answer he shall be entitled to the costs of all the pro- ceedings against him unless the court shall otherwise direct. 55. Whenever an injnnction is asked for by the bill to stay proceedings at law, if tbe defendant do not enter his appear- ance and plead, demur, or answer to the same within the time prescribed therefor by these rules, the plaintiff shall be entitled as of course, upon motion, without notice, to such injunction. But special injunctions shall be grantable only upon due notice to the other party by the court in term or by a judge thereof in vacation, after a hearing, which may be ex parte, if the adverse party does not appear at the time and place ordered. In every case where an injunction- either the common injunction or a special injunction-is awarded in vacation, it shall, unless previously dissolved

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68 RULES OF PRAC'IlOE IN EQUITY. by the judge granting the same, continue until the next term of the court, or until it is dissolved by some other order of the court. BLLLS o..~ REVIVOR AND SUPPI~ EMENTAL BfLLS . 56. Whenever a suit in equity shall become abated by the death of eith~r party, or by any other event, the same may be revived by a bill of revivor or a bill in the nature of a bill of revivor, as I,he circumstances of the case may require, filed by the proper parties entitled to revive the same, which bill may be filed in the clerk 's office at any time ; 8Jld, upon sug- estion of tbe facts, the proper process of subprena shall , as Mo ourse, be issued by the clerk, requiring the proper rep- re.., tatives of the other party to appear and show cause, if any ey have, why t h.e cause should not be revived. And if no cause shall be shown at t he nex t rule-day which shall occur after fourteen days from the time of the service of the same process, the suit sh ..ll stand revived, as of course. 57. Whenever any suit in equity shan become defective from any event bappening after the filing of the bill (as, for example, by change of interest in the parties), or for any other reason a supplemental bill, or a bill in the nature of a supplemental bill, may be necessary to be filed in the cause, leave to 6\e the same may be granted by any judge of the court on any rule- day upon proper cause shown and due notice to the other party. And if leave is granted to file such supplemental bill, the dcfendant shall dem ur, plead, or answer tbereto on the next succeeding rule-day after the supplemental bill is filed in the clerk's office, unless some other time shall be assigned by a judge of the court. 58. It shall not be necessary in nny bill of revivor or sup- plemental bill to set forth ILtly of tbe st.atements in tbe origi~al ,suit, unless tho special circumstances of the case may reqwre It.

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BOLES O~ PRAOTIOE IN EQUITY . 69 ANSWERS . 50. Every defendan t may swear to his answer before any justice or judge of any court of tbe United States, or before any commissioner appointed by any circu it court to take testimony or depositions, or before any master in chancery appointed by any circuit court, or before any judge of any court of a State or Territory, or before any notary public. AME1\'D~{ENT OF ANSWERS. 60. After an answer is put in, it may be amended , as of course, in any matter of (orm, or by fi lling up a blank, or correcting a date, or reference to a document, or other small matter, and be resworn, at any time before a replication is put in, or the cause is set down (or a hearing upon bill and answer. But after replication, or such setting down for a hearing, it shall not be amended in any material matters, as by adding new facts or defenses, or qualifying or altering the original state- ments, e.'

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70 RULES OF PRACTlOE IN EQUITY. 62. When tho sarno solicitor is employed for two or more defendants, and separate answers shall be filed, or othcr proceedings had, by two or more of the defendants separately, costs shall not be allowed for such separate answers, or other proceedings, unless a. master, upon reference to him, shall certify that such separate answcrs and other proceedings were necessary or proper, and ought not to have been joined together_ 63. Where exceptions shall be filed to t he answer for insuffi- ciency, within the period prescribed by these rules, if the de- fendant shall not submit to the same and file an amended , answer on the next succeeding rule-day, tbe plaintiff shall forthwith set them down for a hearing on the next succeed- ing rule-day tbereafter, before a judge of the court, and shall enter, as of coursc, in the order-book, an order for that pur- pose; and if he shall not so set down the same for II hearing, the exceptions shall be deemed abandoned, and the answer shall be deemed sufficient; provided , however, that t hc court, or any judge thereof, may, for good cause shO\Vll, enlargc the time for filing exceptions, or for answering the same, in his discretion, upon such terms as he may deem reasonable. 64. If, at the hearing, tbe exceptions shall be allowed, the defendant shall be bound to put in a full and com plete answer thereto on the next succeeding rule-day; otherwise the plain- tifT shall, us of course, be entitled to take the bill , so far as the matter of such exceptions is concerned, as confessed, or, at his election, he may have a writ of attllchment to compel the defendant to make It better answer to the matter of the excep- tiollil; and the defendant, when he is in custody upon such writ, shall not be discharged therefrom but by an order of the court, or of a ju dge thereof, upon his putting in sucb answer Rnd complying with sucb other terms as the court or iudg~ may d

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RULES OF PBACTIOE IN l:QUIIY. 71 65. If, upon argument, the plaintiff's exceptions to the answer shall he overruled, or the answer shall be adjudged insuffi- cient, the prevailing party shall be entitled to all the costs occasioned thereby, unless otherwise directed by the court, or the judge thereof, at the hearing upon the exceptions. REPLlCATION AND ISSUE. 66. Whenever the answer of the defendant shall not be except- ed to, or shall be adjudged or deemed sufficient, the plaintiff shall file the general replication thereto on or before the next succeeding rule-day thereafter ; and in all cases where the ~eneral replication is filed, the cause shall be deemed, to all JlItents and purposes, at issue, without any rejoinder or other pleading on either side. H the plaintifJ shall omit or refuse to file such replication within the prescribed period, the defendant shall be entitled to an order, as of course, for a dismissal of the suit; and the suit shall thereupon stand dis- missed , unless the court, or a judge thereof, shall, upon motion, for cause shown, allow a replication to be filed nunc pro tunc, the plaintiff submitting to speed the cause, and to such other terms as may be directed. TESTIMONY- HOW TAKEN. 67. After the cause is at issue, commissions to take testimony may be taken out in vacation as well as in term, jointly by both parties, or severally by either party, upon interrogatories filed by the party taking out the same in the clerk's office, ten days' notice thereof being given to the adverse party to file cross-in terrogatories before the issuing of the commission; and if no cross-interrogatories are filed at the expiration of the time the commission may issue ex parte. In all cases the commissioner or commissioners may be named by the court or by a judge thereof; and the presiding judge of the court exercising jurisdiction may, either in term time or in vaca- tion, vest in tbe clerk of the court general power to name commissioners to take testimony.

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72 RULES OF PRAOTIOE IN EQUI TY. E ither party may give notice to the other that he desires the evidence to he add uced in the cause to be taken orally, and thereupon all the witnesses to be examined shall be exam- ined before one of the examiners of the court, or before an examiner to be specially appointed by the court. The examiner, if he so request, shall be furnished with a copy of the pleadings. Such examination shall take place in the presence of the parties or their agents, by their counsel or solicitors, and tbe witnesses shall be subject to cross-e.xamination and reexam- ination, all of which shall be conducted as near as may be in the mode now used in common-law courts. The depositions taken upon such oral examination shall be , reduced to writing by tbe examiner, in the form of question put and answer given ; provided, that, by consent of parties, the examiner may take down the testimony of any witness in the form of narrative. At the request of either party, with reasonable notice, tbe deposition of any witness shall , under the direction of the examiner, be taken down either by a skillful stenographer or by a skillful typewriter, as the examiner may elect, and when taken stenographically shall be put into typewriting or other writing; provided , that such stenographer or type- writer has been appointed by the court, or is approved by both parties. The testimony of each wi tness, after such reduction to writing, shall be read over to him and signed by him in the pre ence of the examiner and of such of the parties or counsel as may attend; provided , that if the ,vitness shall refuse to sign his deposition so taken, then the examiner shall siQ1l the same, stating upon the record the reasons, if any, assign: d by the witness for such refusal. The examiner may, upon "II examinations, state any special matters to the court as he shall think fit; and any .' question or questions which may be Objected to shall be noted hy the examiner upon the deposition, but he shall not have power to decide on Ule competency, materiali ty, or relevancy of the questions; and t he court shall have power to deal with the costs of incompetent, immaterial or irrelevant depositions, or parts of them, as may be just:

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RULES OF PRAOTlOE IN EQUITY. 78 In case of refusal of witnesses to attend, to be sworn, or to answer any question put by the examiner, or by counsel or solicitor, the same practice shall be adopted as is now practiced with respect to witnesses to be produced on examination before an examiner of said court on written interrogatories. Notice shan be given by the respective counsel or solicitors to the opposite counsel or solicitors, or parties, of the time • and place of the examination, for such reasonable time as the examiner may fix by order in each cause. When the examination of witnesses before the examiner is concluded, the original depositions, authenticated by the signature of tbe examiner, shall be transmitted by him to the clerk of the court, to be there filed of record, in the - , same mode as prescribed in section 865 of the Revised Statutes. Testimony may be taken on commission in the usual way, by written interrogatories and cross-interrogatories] on mo- tion to the court in term time, or to It judge in vacation, for special reasons, satisfactory to the court or judge. Where the evidence to he adduced in a cause is to be taken orally, as before provided, the court may, on motion of either party, assign a time within which the complainant shall take his evidence in support of the bill, and a time thereafter within which the defendant shall take his evidence in defense, and a time thereafter within which the com- plainant shall take his evidence in reply; and no further evidence shall be taken in the cause, unless by agreement of the parties or by leave of court first obtained, on motion for cause shown. The expense of the taking down of depositions by a stenographer and of putting them into typewriting or other writing shall be paid in the first instance by the party calling the witness, and shall be imposed by the court, as • part of the costs, upon such party as the court shall adjudge should ultimately bear them. Upon due notice given as prescribed by previous order, the court may, at its discretion, pennit the whole, or any specific part, of the evidence to be adduced orally in open court on final hearing. •

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74 BULES Oil' PBAOTIOE IN EQUITY • . 68. Testimony may also be taken in the cause, after it is at issue, by deposition, according to the act of Congress. But in such case'if no0notice is !!iven to the adverse party of the . time and place of taking the deposition, he shall, upon motlOll and affidavit of the fact, be entitled to a cross-examination • of the witness, either under a commission or by a new deposition taken under the acts of Congress, if a court or judge thereof sball, under aJl the circumstances, deem it • reasonable. 69. Three months, and no more, sball be allowed for the tak- ing of testimony after the cause is at issue, unless the court., or a judge thereof, shaU, upon special cause shO\vn hyeither , " party, enlarge the time; and no testimony taken after sucb period shall be allowed to b e read in evidence at t,he h earing. Immediately upon the return of the commissions and depo· sitions containing the testimony into the clerk's office, pub- lication thereof may be ordered in the clerk's office, by any judge of the court, upon due notice to the parties, or it may ., be enlarged, as he may deem reasonable, under all the ell'- cumstances; but, by consent of the parties, publication of tbe testimony may at any time pass into the clerk's office, such consent heing in writing, and a copy thereof entered in the order-books, or indorsed upon the deposition or tes- timony. TEST[MONY DE BENE ESSE. 'TO. After any bill filed and before the defendant hath answered the same, upon affidavit made that any of the plaintiff's wit- nesses are aged and infirm, or going out of the country, or that anyone of them is a single witness to a material fact, • the clerk of the court shall, as of course, upon the applica- tion of the plaintiff, issue a commission to uch commissioner or commissioners 8 S .. judge of the cou rt may direct, to take the examination of such witness or witnesses de bene esse upon giving due notice to the adverse part)' of the time and place of taking his testimony,

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RULKS OF PRAOTIOE IN EQUITY. 75 FORM OF THE LAST INTERROGATORY. 7I. The last interrogatory in the written interrogatories to take testimony now commonly in use shall in the future be altered, and stated in substance thus: "Do you know, or can you set forth, any other matter or thing which may be a benefit or advantage to the parties at issue in this cause, or either of them, or that may be material to the subject of this your examination, or the matters in question in this cause! If yea, set forth the same fully and at large in your answer." CROSS-BILL. '72. Where a defendant in equity files a cross-bill for discovery onJy against the plaintiff in the original bill, the defendant to the original bill shan first answer thereto before the origi- nal plaintiff shall be compellable to answer the cross-bill. The answer of the original plaintifT to such cross-bill may be read and used by the party filing the cross-bill at the hearing, in the same manner and under the same restrictions as the answer praying relief may now be read and used. REFERENCE TO AND PROCEEDINGS BEFORE MASTERS. 73. Every decree for an account of the personal estate of a testator or intestate shall contain a direction to the master to whom it is referred to take the same to inquire and state to the court what po.rts, if any, of such personal estate are outstanding or undisposed of, unless the court shall other- wise direct. 74. Whenever any reference of any matter is made to a master to examine and report thereon, the party at whose instance or for whose benefit the reference is made shall cause the same to be presented to tbe master for a hearing on or before the next rule-day succeeding the time when the reference was made; if he shall omit to do so, the adverse party shan be at liberty forthwith to cause proceedings to be had before the master, at the costs of the party procuring the reference.

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76 RULES O~· PRAOTIOE IN EQU ITY. 75. Upon every such reference, it shall be the duty of the mas- ter, as soon as he reasonably can after the same is brought before him, to assign a time and place for proceedings in the same, and to give due notice thereof to each of the parties, or their solicitors ; and if either party shan fail to appear at the time' and place appointed, the master shall be at liberty to proceed ex parte, or, in his discretion, to adjourn the ex- amination and proceedings to a future day, giving notice to the absent party or his solicitor of such adjournment ; and it shall be the duty of the master to proceed with all reason- able diligence in every such reference, and with the least practicable delay, and either party sball be at liberty to apply to the court, or a judge t hereof, for an order to themaster to speed the proceedings and to make his r eport, and to certify - to the court or judge the reason for any delay. 76. In the reports made by the master to the court, no part of any state of facts, charge, affidavit, deposition, examination, or answer bronght in or used before them shall be stated or recited. But such state of facts, charge, affidavit, deposi- tion, examination, or answer shall be id entified, specified , and referred to, so as to inform the court what state of facts, charge, affidavit, deposition , e..xamination, or answer were so brought in or used . 77. The master shall regulate all the proceeclings in every hearing before him , upon every such reference; and he shall have Ml authority to examine the parties in the cause, upon oat h, touching all matters contained in t be reference ' and also to require tbe production of all books, papers, writ~ iogs, vouchers, and other documents applicable thereto ; and also to "''{ amine on oath, 1Jiva voce, all \\~tnesses produced I by the parties before him, and to order the examination of other witnesses to be taken, under a commission to be issued upon his certificate from the clerk's office or by deposition according to the act of Congress, or otherwise, as hereinafte; provided ; and also to direct the mode in which the matters

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RULES OF PRAOTIOE IN EQUITY. 77 requiring evidence shall be proved before him; and generally to do all other acts, and direct all other inquiries and pro- ceedings in the matters before him, which he may deem nec- essary and proper to the justice and merits thereof and tho rights of the parties. 78. Witnesses who live ,vithin the district may, upon due notice to the opposite party, be summoned to appear before the commissioner appointed to take testimony, or before a master or examiner appointed in any cause, by subprena in the usual form, which may be issued by the clerk in blank, and filled up by the party praying the same, or by the com- missioner, master, or examiner, requiring the attendance of the witnesses at the time and place specified, who shall be • allowed for attendance the same compensation as for attend- ance in court; and if any witness shall refuse to appear or give evidence it shall be deemed a contempt of the court, which being certified to the clerk's office by the commis- sioner, master, or exa.miner, an attachment may issue tber~ upon by order of the court or of any judge thereof, in the .ame manner as if the contempt were for not attending, or for refusing to give testimony in the court. But nothing herein contained shall prevent the e;

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78 BULES OF PBAOTlO~; IN EQUITY. 81. The master shall be at liberty to examine any creditor or other person coming in to claim before him, eitber upon written interrogatories or viva voce, or in botb modes, as the nature of the case may appear to him to require. The evi- dence upon such examinations shall be taken down by the master, or by some other person by his order and in his pres- ence, if either party requires it, in order that the same may be used by the court if necessary. " 82 . Tbe circuit courts may appoint standing ma~ters in chan- cery in their respective districts, (a majority of all the judges thereof, including the justice of the Supreme Court, the cir- cuit judges, and the district judge for tbe district, concurring • in the appointment,) and they may also appoin t a master pro hac vice in any particular case. The compensation to be allowed to every master in chancery for rus services in any particular case shall be fixed by the circuit court, in its dis- cretion, having regard to all the circumstances thereof, and the compensation shall be charged upon and borne by such • of the parties in tbe cause as tbe court shall direct. The master sball not retain his report as security for his compen- sation; but wben the compensation is allowed by the court, he shall be entitled to an attachment for the amount against the party who is ordered to pay the same, if, upon notice thereof, he does not pay it witl,;n tbe time prescribed by the court. EXCEPI'IONS TO REPORT Ot~ MASTER. 83. The master, as soon as rus report is ready, shall return the • same into the clerk's office, and the day of the return shall he entered by the clerk in the order book. The parties shall have one month from the linle of £ling the report to file e."{cep- • tiona thereto; and, if no exceptions are within that period filed by eithor party, the report shall stand confirmed on the next rule-

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RULES OF PRACTICE IN EQUITY. 79 the court which shall be held thereafter, by adjournment or otherwise. , 84. And, in order to prevent exceptions to reports from being filed for friv olous causes, or for mere delay, the party whose exceptions are overmled shall, for every exception overruled, pay costs to the other party, and for every exception allowed shall be entitled to costs; the cost to be fixed in each case by the court, by a standing rule of the circuit court. DECREES. 85. Clerical mistakes in decrees or decretal orders, or errors arising from any accidental slip or omission, may, at any • time before an actual enrollment thereof, be corrected by order of the court or a judge thereof, upon petition, without the form or expense of a rehearing. 86. In drawing up decrees and orders, neither the bill, nor answer, nor other pleadings, nor any part thereof, nor the report of any master, nor any other prior proceeding, shan be recited or stated in tbe decree or order; but tbe decree and order shall begin, in substance, as foll ows: " This cause came on to be heard (or to be further heard, as the case may be) at this term, and was argued by counsel ; and t hereupon, upon consideration thereof, it was ordered, adjudged, and decreed as follows, viz :" [Here insert the decree or order.] GUARDIANS AND PROOHElN AM IS. 8 7. Guardians ad litem to defend a suit may be appointed by tbe court, or by any judge thereof, for infants or otber per- sons who are under guardianship, or otherwise incapable to sue for themselves. All infants and other persons so inca- pable may sue by their guardians, if any, or by their prochein ·• ami; subject, however, to such orders as the court may direct for the protection of infants and other persons.

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80 R ULES OF l'RAOTICE IN EQ{]1TY . 88. Every petition for a rehearing shall contain the special matter or cause on which such rehearing is applied for, shall be signed by counsel, and tbe facts tberein stated, if not apparent on tbe record, shall be verified by tbe oatb of tbe party or by some otber person. No bearing sball be granted after the term at which the final decree of the court sball bave been entered and recorded, if an appeal lies to the Supreme Court. But if no appeal lies, the petition may be admitted at any time before the end of tbe next term of the court, in the discretion of the court. 89. The circuit courts (a majority of all the judges thereof, including the justice of the Supreme Court, the circuit judges, and the district judge for the district, concurring therein) may make any other and further rules and regulations for the practice, proceedings, and process, mesne and final, in their respective districts, not inconsistent with the rules hereby prescribed, in their discretion, and from time to time alter and amend the same. 90. In all cases where the rules prescribed by this court or by the circuit court do not apply, the practice of the circuit court shall be regulated by the present practice of the high court of chancery in England, so far as the same mny reason- ably be applied consistently with the locnl circumstances and local conveuiences of the district where the court is beld, not as positive rules, but as furnishing just, analo,,;es to regulate the practice. " 91. Whenever, under these rules, an oath is or may be required to be taken, the party may, if conscientiously scrupulous of taking an oath, in lieu thereof make solemn affirmation to the truth of the facts stated by him.

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RULES OF PRACTIOE m EQUITY. 81 D ECEM BER TER'I, 1863. 92. Ordcreil, That in suits in equity for the foreclosure of mortgages in t be circuit courts of the Uuited States, or in any CO~lrt of the Territories having jurisdiction of the same, a decree may be rendered for any balance tbat may be found due to the complainant over and above t be proceeds of the sale or sales, and execution may issue for the collection of the same, as is provided in the eighth rule of this court regu- lating the equity practice, where the decree is solely for the payment of money. OCTOBER TERM, 1878. iNJUNCTIONS. 93. When an appeal from a final decree, in an equity suit, granting or dissolving an injunction, is allowed by a justice or judge who took part in the decision of the cause, he may, in his discretion, at the time of such allowance, make an order suspending or modifying the injunction during tbe pendency of the appeal, upon such terms, as to bond or otherwise, as he may consider proper for the security of the rights of t he opposite party. OCTOBER T ERM, 188 1. 94. Every bill brought by one or more stockholders in a cor- poration against the corporation and other parties, found ed on rights which may properly be asserted by the corporation, must be verified by oath, and must contain an allegation that the plaintiff was a shareholder at the time of the trans- action of which he complains, or t hat his share had devolved on him since by operation of law , and that the suit is not a collusive one to confer on a court of the United States jurisdiction of a case of which it would not otherwise have cognizance. It must also set forth with particularity the efforts of the plaintiff to secure such action as he desires on the part of t he managing directors or trustees, and, if neces- sary, of the shareholders, and the causes of his failure to obtain such action. 10873-07--6

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82 RULES OF PRAOTIOE IN EQUITY. The foll

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RULES OF PRAOTICE FOR THE OOURTS OF THE UNITED STATES IN ADMIRALTY AND MARITIME JURISDICTION, ON THE IN- STANCE SIDE OF THE COURT, I N PURSUANCE OF THE ACT OF THE 23D OF AUGUST, 1M2, CHAPTER 188. 1. No mesne process shall issue from the district courts in any civi l cause of admiralty and maritime jurisdiction until the libel, or libel of information, shall be fi led in the clerk's office from which such process is to issue. All process shall be served by the marshal or by his deputy, or, where he or tbey are interested, by some discreet and disinterested person appointed by the court. 2. In suits in perscmam, t he mesne process may be by a simple warrant of arrest of the person of the defendant, in the nature of a capias, or by a warrant of arrest of the person of the defendant, with a clause therein, that if he can not be found, to attach his goods and chattels to the amount sued for; or if such property can not be found , to attach his credits and effects to the amount sued for in the hands of the garnishees named t herein; or by a simple monition, in the nature of a summons to appear and answer to the su it, as the libellant shall, in his libel or information, pray for or elect. 3. In an suits in personam, where a simple warrant of arrest issues and is executed, the marshal may take bail, with suffi- cient sureties, from the party arrested , by bond or stipulation, upon condition that he will appear in t he suit and abide by all orders of the court, interlocutory or final, in the cause, and 83

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84 RULES OF PRAOTtOF. IN ADMIRALTY. pay ihe money awarded by the final decree rendered therein in the court to which the process is returnnb le, or in any ap- pellate court. And upon such bond or stipulation summary process of execution may and shall be issued against the prin- cipal and sureties by the court to which such process is return- able, to enforce tbe final decree so rendered, or upon appeal by the appellate court. 'l. In all suits in personam, where goods and cbattels, or credits and effects, are attached under such warrant autboriz- ing the same, the attachment may be dissolved by order of the court to which the same warrant is returnable, upon the defendant whose property· is so attacbed giving a bond or stipulation, witb sufficient sureties, to abide by all orders, interlocutory or final, of tbe court, and pay the amount awarded by tbo final decree rendered in the court to which tbe process is returnable, or in any appellate court ; and upon such bond or stipulation, summary process of execution shall and may be issued against tbe principal and sureties by the court to wbicb sucb warrant is returnable, to enforce tbe final decree so rendered, or upon appeal by tbe appellate court. 5. Bonds or stipulations in admiralty suiis may be given and taken in open court, or at cbambers, or before any commis- sioner of tbe court wbo is authorized by the court to take affidavits of bail and depositions in cases pending before the court, or any commissioner of the United States authorized by law to take bail and affidavits in civil cases. B. In all suits in personam, where bai l is taken, the court may upon motion, for due cause sbown, reduce the amount of th~ sum contained in the bond or stipUlation therefor; and in all case? where a bond or stipulation is taken l\S bail, or upon dis- solvlDg an attachment of property as aforesaid, if eiiber of the sureties shall become insolvent pending tbe suii, new sureties may be r equired by the order of the court, to be gIven, upon motion, and due proof thereof.

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RifLES Or' PRAOTlCE LN AD!I!1RALTY. 85 7. In suits in personam, no warrant of arrest, either of the per- son or property of the defendant, shall issue for a sum exceed- ing five hundred dollars, unless by the special order of the court, upon affidavit or other proper proof showing the pro- priety thereof. B. In all suits in r"m against 0. ship, her tackie, sails, apparel, furniture, boats, or other appurtenances, if such tackie, sails, apparel, furniture, boats, or other appurtenances are in the possession or custody of any third person, the court may, after 0. duo monition to such third person, and 0. hearing of the cause, if any, why the same should not be delivered over, award and decree that the same be de.livered into the custody of tho marshal or other proper officer, if, upon the hearing, the same is required by law and justice. o. In all cases of seizure, nnd in other suits and proceedings in rem, th e process, unless otherwise provided for by statute, shall be by a warrant of arrest of the ship, goods, or other thing to be arrested; and the marshal shall thereupon arrest and take the ship, goods, or other thing into his possession for safe custody, and shall cause public notice thereof and of the time assigned for the return of such process nnd the hear- ing of the cause, to be given in such newspaper within the dis- trict as the district court shall order ; and if there is no news- paper puhlished therein, then in such other public places in t he district as the court shall direct. 10. In all cases where any goods or other things are arrested, if the same are p erishable, or are liable to deterioration, decay, or injury, by being detained in custody pending the sui t, the court may, upon the application of either party, in its dis- cretion, order the same or so much thereof to be sold as shall be perishable or liable to depreciation, decay, or injury; and the proceeds, or so much thereof as shaU be a full security to satisfy in decree, to be brought into court to abide the event of the suit; or the court may, upon t he application of the

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86 RULES OF PRAOTIOE IN ADMIRALTY. claimant, order a delivery t hereof to him, upon a due appraise- ment, to he bad under its direction, either upon the claimant's depositing in court so mucb money as t he court sball order, or upon his giving a stipulation, with sureties, in sucb sum as tbe court shall direct, to abide by and pay the money awarded by t he final decree rendered by t he court, or tbe , appellate court, if any appeal intervenes, as tbe one or tbe otber course sban be ordered by tbe court. 11. In like manner, where any ship shall be arrested , tbe same may, upon the application of the claimant, be delivered to him upon a due appraisement, to be bad under tbe di rection of the court, upon tbe claimant's depositing in court so .' much money as the court shall order, or upon his giving a stipulation, witb sureties, as aforesaid; and if t he claimant • shall decline any sucb application, t hen the court may, in its discretion, upon the application of either party, upon due cause shown, order a sale of such ship, and t he proceeds • thereof to be brought into court or otherwise disposed of, as it may deem most for the benefit of all concerned. 12. In all suits by material-men for supplies or repairs, or other necessaries, the libellant may proceed against tbe ship and freight in rem, or against t he master or owner alone tn personam. 13, .' • In all suits for mariners' wages, the libellant may proceed against t he ship, freight, and master, or against the ship and , freight, or against the owner or the master alone in pers01lam, 1 .\ 14. • In all suits for pilotage, the libellant may proceed against tbe ship and master, or against the ship, or against t he owner • alone or t he master alone in personam, 15. In all suits for damage by collision, the libellant may pro- ceed against the ship Ilnd muster, or "gainst t he ship alone or against the master 01' the owner "lone in personam, '

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RULE!! OF PRACTICE IN ADlIITIIALTY. 87 16. In all suits for an assault or beating on the high seas, or elsewhere within the admiralty and maritime jurisdiction, the suit shall be in personam only. . 17. In all suits against the ship or freight, founded upon a mere maritime hypothecation, either express or implied, of the master, for moneys taken up in 0. foreign port for supplies or repairs or otber necessaries for the voyage, without any claim of marine interest, the libellant may proceed either in rem or against the master or the owner alone in personam. 18. In all suits on bottomry bonds, properly so called, the suit shall be in rem only against the property hypothecated, or the proceeds of the property, in whosesoever hands the same may be found, unless the master has, without authority, given the bottomry bond, or by his fraud or misconduct has avoided the same, or has subtracted the property, or unless the owner has, by his own misconduct or wrong, lost or subtracted the property, in which latter cases the suit may be in personam against the wrongdoer. 19. In all suits for salvage, the suit may be in rem against the properly saved, or the proceeds thereof, or in personam against the party at whose request and for whose benefit the salvage service has been performed. 20. In all petitory and possessory suits between part owners or adverse proprietors, or by the owners of a ship or the major- ity thereof, against the master of a ship, for the ascertain- ment of the title and delivery of the possession, or for the possession only, or by one or more part owners against the others to obtain security for the return of the ship from any voyage undertaken without their consent, or by one or more part owners against the others to obtain possession of the ship for any voyage, upon giving security for the safe return

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88 RULES OF PRAOTIOE IN ADMIRALTY. thereof, the process shaJI be by IUl arrest of the ship, IUld by n. monition to the adverse party or parties to appear and make answer to the suit. 21. In all cases of a finaJ decree for the payment of money, the libellant shall have" writ of execution, in the nature of aji.eri facias, commanding the marshal or his deputy to levy and collect the amount thereof out of the goods and chattels, lands and tenements, or other real estate, of the defendant or stipulators. 22. All informations and libels of information upon seizures for any breach of the revenue, or navigation, or other laws of the United States, shall state the place of seizure, wbether it be on land or on the high seas, or on navigable waters • within tbe admiralty and maritime jurisdiction of the United Stlttes, and the district within whicb the property is brougbt and where it then is. The information or libel of infornla- tion shan Itlso propound in distinct articles the matters re- lied on as grounds or causes of forfeiture, and aver tbe same to be contrary to tbe form of the statute or statutes of tbe .. United States in such case provided, as the case may re- quire, and shall conclude with a prayer of due process to enforce the forfeiture, and to give notice to all persons con- cerned in interest to appear and sbow cause at the return- day of the process why the forfeiture sbould not be decreed. 23. All libels in instance causes, civil or maritime, shan state the nature of the cause; as, for example, that it is a cause, civil and maritime, of contract, or of tort or damage, or of salv~e, or ~f posse~ionJ or othenvise, as the case may be; • and, If the libel be >n rem, tbat the property is within the district; and, if in personam, the names and occupations and places of rcsidence of the parties. The libel shaII also • propound and articulate in distinct articles the various alle- gations of fact upon which the libellant relics in support of his suit, so that the defendant may be enabled to answer dis- tinctly and separately the several matters contained in each article; and it shall conclude with a prayer of due process •

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RULES OF PRAOTIOE IN ADMIRALTY. 89 to enforce his rights, in rem or in personam (as the case may require), and for such relief and redress as the court is competent to give in t he premises. And the libellant may furth er require the defendant to answer on oath all inter- rogatories propounded by him touching all and singular the allegations in the libel at the close or conclusion thereof. 24. In all informations and libels in causes of admiralty and maritime jurisdiction, amendments in matters of form may be made at any time, on motion to the court, as of course. And new counts may be filed , and amendments in matters of substance may be made, upon motion, at any time before the final decree, upon such terms as the court shall impose. And where any defect of form is set down by the defendant upon special exceptions, and is allowed, the court may, in granting leave to amend, impose terms upon the libellant. 25. In all cases of libels in personam, the court may, in its discretion, upon the appearance of the defendant, where no boil has been taken, and no attachment of property has " been made to answer the exigency of the sui t, require the defendant to give II. stipulation , with sureties, in such sum as th" court shall direct, to pay all costs and expenses which shall be awarded against him in the suit, upon the final adjudication thereof, or by any interlocutory order in the progress of the suit. 26. In suits in rem, the party claiming the property shall verify his claim on oath or solemn affirmation, stating that the claim"nt by wbom or on whose behalf t he claim is made is the true and bona fide owner, and that no other person is the owner thereof. And, where the claim is put in by an agent or consignee, he shall also make oath that he is duly aut hor- ized thereto by the owner; or, if the property be, at the time of t he arrest, in the possession of the master of a ship, that he is the lawful bailee thereof for t he owner. And, upon putting in such claim, the claimant shall file a stipulation, with sure- ties, in such sum as the court shall direct, for the payment of

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90 RULES OF PRACTIOE IN ADMIRALTY. all costs and expenses which shall be awarded against him by tbe final decree of the court, or, upon I'D app.al, by the appel- late court. 27. In all libels in ca.uses of civil and maritime jurisdiction, wbether in rem or in personam, the answer of the defendant to tbe aUegations in the libel sball be on oath or solemn affir- mation; and the aDSwer shan be full and explicit and distinct to each separate article and separate allegation in tho libel, in the same order as numbered in the libel, and sball also answer in like manner each interrogatory propounded at the close of the libel. Q 28. The libellant may except to tbe sufficiency, or fullness, or distinctness, or relevancy of the answer to the articles and interrogatories in tbe libel ; and, if the court sball adjudge tbe same exceptions, or any of them, to be good and valid, tbe court shall order the defendant forthwith, witbin such time as the court shall direct, to answer the same, and may furtber orner the defendant to pay such costs as the court shall adjudge reasonable. zo. If the defendant shall omit or refuse to make due !UlSwcr to tho libel upon the return-day of the process, or other dav assigned hy the court, the court shan pronounce him to be h> contumacy and defaul t; and thereupon the libel shall be adjudged to be taken pro confcsso against him, and the court shall proceed to hear tbe cause ex parte, and adjudge therein as to law and justice shall appertain. But the court may, in its discretion, set aside tbe default, and, upon tho application of tbe defennant, admit bim to make answer to the libel, at any timo before the final hearing and decree, upon his pay_ ment of all tbe costs of tho suit up to the time of granting leave therefor. 30. In all cases where the defendant answers, but does not answer fully and explicitly nod distinctly to all the matters in any article of tbe libel , and exception is taken thereto by 12 Vide pOlt, lorty·ninth rule, page 95. •

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RULES OF PRAOTlCE IN ADMIRALTY. 91 the libellant, and t he exception is allowed, the court mll.Y, by attachment, compel the defendant to make further answer thereto, or may direct the matter of t he excep tion to be taken , pro confesso against the defendant, to the full purport and • effect of the article to which it purports to answer, and as if no answer had been put in thereto. 31. The defendant may object, by his answer, to answer any allegation or interrogatory contained in the libel which will , expose him to any proseoution or punishment for crime, or for any penalty or any forfeiture of his property for any penal offense. 32. • The defendant shall have a right to require the personal • answer of the libellant upon oath or solemn affirmation to any interrogatories which he may, at the close of his answer, propound to the libellant touching any matters charged in the libel, or touching any matter of defense set up in the answer, subject to t he like exception as to matters which shall expose the libellant to any prosecution, or punishment, or forfeiture, as is prov:ided in the thirty-first rule. In default of due answer by the libellant to such interrogatories t he court may adjudge the libellant to be in default, and dismiss the libel, or may compel his answer in the premises, by attach- ment, or take the subj ect-matter of the interrogatory pro confesso in favor of the defendant, as t be court, in its discre- tion, s hall deem most fit to promote public justice. 33. Where either the libellant or the defendant is out of the country, or unable, from sickness or otber casualty, to make an answer to any interrogatory on oath or solemn affirmation at the proper time, the court may, in its discretion, in fur- therance of tbe clue administration of justice, dispense t here- with, or may award a commission to take the answer of the defendant wben and as soon as it may be practicable. • •

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92 RULES OF PRAOTIOE IN ADlIIRALTY. 34.. If any third persoll shan intervene in any cause of admiralty and maritime jurisdiction in rem for his own interest, Rnd he is entitled, according to the cause of Rdmiralty proceedings, to be heard for his ow'; interest therein, he shall propound the matter in suitable allegations, to wbjch, if admitted by the court, the other party or parties in the srut may he required, by order of t he court, to make due answer ; and sucb further proceedings shall be had and decree rendered by t be court therein as to law and justice shaJl appertain. But every such .intervenor shall be required, upon filing his allegations, to give a stipulation, with sureties, to abide by the final decree rendered in the cause, and to pay all such costs and 6-"JlC1lSes and damages as shall be awarded by the court upon the final decree, whether it is rendered in the original or appellate court. • 35. The stipulations required by the last preceding rule, or on appeal, or in any other admiralty or maritime proceeding, shall be given and taken in the manner prescribed by rule fifth as amended. 36. Exceptions may be taken to any libel, allegation, or answer for surplusage, irrelevancy, impertinence, or scandal; and if, upon reference to a master, the e.", ception shan be reported to be so objectionable, and allowed by t he court, the matter shall be expunged, at the cost and expense of t he party in whose libel or answer t he same is found. 37 . • In cases of foreign attachment, the garn.ishee shall be required to answer on oath Or solemn affi rmation as to the debts, credits, or effects of the defendant in his hands, and to such interrogatories touching t he same as may be propounded by the li bellant; and if 110 shall refuse or neglect so to do, tbe court may award compulsory process in personam against him. If be admits any debts, credits, or effects, the same shall be held in his bands, liable to answer the exigency of the sui t. • •

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RULES OF PRACTICE IN ADMIRALTY. 98 t 38. In cases of mariners' wages, or bottomry, or salvage, or other proceeding in rem, where frei ght or other proceeds of property are attached to or are bound by the sui t, which are in the hands or possession of any person , t he court may, upon due application , by petition of tne party interested, require the party charged with the possession tnereof to appear and show cause why the same should not be brought into court, to • answer the exigency of the suit ; and if no sufficient cause be shown, the court may order the same to be brought into court to answer the exigency of the suit, and upon failure of tho • party to comply with the order, may award an attachment, • or other compulsive process, to compel obedience t.hereto. , 39 . .' If, in any admiralty suit, the libellant shall not appear and prosecu te his suit, according to t he course and orders of tho • court, he shall be deemed in default and contlunacy; and t ho court may, upon the application of t he defendant, pronounce the suit to be deserted, and the same may be dismissed with • costs. 40. The. court m ay, in its discretion, upon the motion of the defendant and the payment of costs, rescind the decree in any , suit in which, on account of his contumacy and default, the matter of the libel shall have been decreed against him, and grant a rehearing thereof at any time within ten days after the decree has been entered, t he defendant submitting to such further orders and terms in the premises as the court may direct. • 41. All sales of property under any decree of admiralty shall be made by the marshal or his deputy, or other proper officer assigned by the court, where the marshal is a party in interest, in pursuance of the orders of the court ; and the proceeds thereof, when sold, shall be forthwith paid into t he registry .. of t he court by the officer making the sale, to be disposed of by the court according to law .

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94 RULES OF PRACTIOE IN ADMIRALTY. 42. A.1l moneys paid into the registry of the court shall be deposited in some bank designated by the court, and shall be so deposited in the name of the court, and shall not be •• drawn out, except by a check or checks signed by a judge of the court and countersigned by the clerk, stating on wbose • account and for whose use it is drawn, and 'in what suit and • out of what fund in particular it is paid. The clerk shall • keep a regular hook, containing a memorandum and copy of all the checks so drawn and the date thereof. 43. Any person having an interest in any proceeds in t he reg- istry of the court shall have a right, hy petitiov, and sum- mary proceeding, to intervene pro interesse suo for delivery • thereof to him ; and upon duo notice to the adverso paft ies, if any, t he court shall and may proceed summarily to hear and decide t hereon, and to decree therein according to law ow I and justice. And if such petition or claim shall be deserted, 4 Of, upon a hearing, be dismissed, the court may, in its dis- cretion, award costs against the petitioner in favor of the r adverse party. 44. In cases where tbe court sball deem it expedient or neces- sary for the purposes of justice, the court may refer any matters arising in the progress of tbe suit to one or more • commissioners, to be appointed by the court, to hear t be parties and make report I.herein. And sucb commissioner or commissioners shall have and possess all the powers in t he premises whicb are usually given to or exercised by masters in chancery in reference 1,0 tbem, including the power to administer oaths to and to ex amine the parties and witnesses touching the premises. 45. • All appeals from t he district to the circuit court must he made while the court is sitting, or within such other period as shall be designated by the d,i strict court by its genernl rules, or by an order specially made in the particular suit . or in case no such rule or order be made, then within thirt; days from t he rendering of the decree. •

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RULES OJ!' PRAOTlOE IN ADMIRALTY. 95 46. In all cases not provided for by t he foregoing rules, the district and circuit courts arc to reb'lliate the practice of the said courts, respectively, in such manner as they shaU deem most expedient for the due administration of justice in suits in admiralty. 47. In all suits in per8

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96 R ULES OF PRAaJ' ICE IN A DMIRAl/ry. be taken, or from the clerk of the court in which such appeal sball be pending, to the adverse party, to be present at the taking of the same, and to put interrogatolies, if be tbink fit, shall be served on the adverse party or his attol1ley, allo\\~ng time for their attendance after being notified not less than twenty-four hours, and, in addition thereto, one day, Sun- d ays exclusive, for every twenty miles' travel; provided, that the court in whicb such appeal may be pending, or either of the judges t.hereof, may, upon motion, increase or diminish the length of notice above required . 4 60. When oral evidence shall he taken

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RULES OF l'RAOTIOE IN ADMIRALTY. 97 of; all bail and stipulations; and, if any so.le has been made, the orders, warrants, and reports relating thereto. 4. The libel, with exhibits annexed thereto. ' 5. The pleadings of the defendant, with the exhibits an- nexed thereto. 6. The testimony on the part of the libellant, and any exhibits not annexed to the libel. 7. The testimony on the part of the defendant, and any exhibits not annexed to his pleadings. 8. Any order of the court to which exception was made. 9. Any report of an assessor or assessors, if excepted to, with the orders of the court· respecting the same, and the , exceptions to the report. If the report was not excepted to, only the fact that a reference was made, and so much of the • report as shows what results were arrived at by tbe assessor, are to be stated. , .' 10. The final decree. 11. The prayer for an appeal, and the action of the dis- trict court thereon; and no reasons of appeal sball be filed or inserted in the transcript. The fo llowing shall be omitted: 1. The continuances. 2. All motions, rules, and orders not excepted to whicb are merely preparatory for trial. 3. The commissions to take depositions, notices therefor, , their captions, and certificates of their being sworn to, unless some exception to a deposition in the district court waS founded on some one or more of these; in which case, so much of either of them as may be involved in the exception · . shall be set out. In all other cases it shan be sufficient to give the name of the witness and to copy the interrogatories • and answers, and to state the name of the commissioner, and the place where and the date when the deposition was sworn to; and, in copying all depositions taken on interroga- , tories, the answer shall be inserted innnediately following the question. 2. The clerk of the district court shall page the copy of the record thus made up, and shall make an index thereto, and he shall eel tify the entire docUlDent, at the end thereof, under the seal of the court, to be a transcript of the record of the • l087:J-j)7-7

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\:18 R ULES OF PRACT IOE IN ADMIRALTY . - district court in t he cause named at the b eginning of the copy made up pursuant to this rule; and no otber certificate of t he record shall be needful or inserted. 3. Hereafter, in making up the record to be transm itted to the circuit clerk on appeal, the d erk of t he district court shall omit therefrom any of the pleading, testimony, or exhibit. which the parties by their proctors shall by wr itten stipu la- tion agree may be omitted ; and such stipulation shall be certified up with the record. 53. Whenever a cross-libel is filed upon any coun te r-claim, arising out of the same cause of action for which the original Jibel was filed , the respondents in the cross-Jibcl shall give security in the usual amount and form, to respond in dam- ages, as claimed in said cross-Libel, unless the court, on cause shown, sball otherwise direct; and all proceedings upon the original Jibel shaU be stayed un t il such security shall be given 54 . When any ship or vessel shall be Jibeled, or t he own er or owners thereof shall be sued, for any embezzlement, loss, or destn wtion by the master, officers, mariners, passengers, or any other person or persons, of any property, goods, or mer- chandise sh.ipped or put on board of such ship or vessel, or for any loss, damage, or injury by collision, or fo r any act, matter, or thing, loss, damage, or forfeiture done, occasioned, or incurred, withont the privity 01' knowledge of such owner or owners, and he or t hey shall desire to claim t he benefit of limitation of liability provided for in the t hird and fourt h sections of the act of March 3, 1851 , entitled "An act to limit t he liability of shipowners and for other purposes," now embodied in sections 4283 to 4285 of t he Revised Stat utes t he said owner or owners shall and may fil e a libel or petitio~ in the proper district court of t he United States, as herein- after specified, setting forth the facts and circumstances on which su~h limitation of liability is claimed, and praying proper relief In that behalf ; and t hereupon said court having caused due appraisement to be had of the amount or ~alue of

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, RULES OF PBACTIOE IN ADMIRALTY. 99 the interest of said owner or owners, respectively, in such ship or vessel, and her freight, for the voyage, shall make an order for t he payment of the same into court, or for the giving of a stipulation, with sureties, for paymen t thereof into court whenever the same shall be ordered; or, if t he said owner or owners shall so elect, the said court shall , without such appraisement, make an order for t he transfer by him or them of his or their interest in such vessel and freight, to It trustee to be appointed by the court under t he fourt h section of said act; and, upon compliance with such order, t he said court shall issue a monition against aU persons claiming dam- ages for any such embezzlement, loss, destruction, damage, or injury, citing them to appear before the said court and make , due proof of their respective claims at or before a certain time • to be named in said writ, not less than t hree months from the , issuing of t he same; and public notice of such monition shall be given as in other cases, and such further notice served through the post-office, or otherwise, as the court, in its dis- cretion, may direct ; and the said court shall also, on the application of the said owner or owners, make an order to restrain the further prosecution of all and any suit or suits against said owner or owners in respect of any such claim or claims. 55. Proof of all claims which shall be presented in pursuance of said monition shaH be made before a commissioner, to be designated by the court, subj ect to the right 01 any person interested to question or controvert the salDe; and upon the completion of said proofs, the commissioner shall make report of thecla ims so proven, and upon confirmation of said report, after hearing any exceptions thereto, the moneys paid or r secured to he paid into court as aforesaid, or the proceeds of said ship or vessel and freight (after payment of costs and expense), shall be divided pro rala amongst the several claimants in proportion to the amoun t of their respective claims, duly proved and confirmed as aforesaid, saving, how- ever, to all parties, any priority to which they may be legally entitled. ( , ,

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100 RULES OF PRAOTIOE IN ADMJ:BALTY. 56. In tbe proceedings aforesaid the said owner or own ers shall be at liberty to contest his or their liability , or the liability of said ship or vessel for said embezzlement, loss, destruction , damage, or injury (independently of tbe limita- tion of liability claimed under said act), provided that, in his or their libel or petition, he or tbey shall state the facts and circumstances by reason of which exemption from liability is claimed; and any person or persons claiming damages as aforesaid, and wbo sball have presented his or their claim to tbe commissioner under oath, shall und may answer such libel or petition, and contest tbe rigbt of tbe owner or owners of said ship or vessel, either to an exemption from liability or to a limitation of liability under tbe said act of Congress, or both. 5 7. The said libel or petition shall be filed and the said pro- ceedings had in any district court of the United States in which said ship or vessel may be libeled to answer for any such embezzlemen t, loss, destruction, damage, or injury ; or, if the said ship or vesscl be not libeled, then ill tbe district court for any district in whicb the said owner or owners ruay be suad ill tbat behalf. Wben the said sbip or vessel has not been libeled to answer tbe matters aforesaid, and suit bas not been commenced against the said owner or owners, or bas been commenced in a district other than tbat in whicb tbe said ship or vessel may be, tbe said proceedings may be had in the district court of tbe district in whicb tbe said ship or vessel may be, and where it may be subject to tbe control of sucb court for the purposes of tbe case as hereinbefore pro- vided . If the ship have already been libeled and sold, tbe proceeds shall represent the same for the purposes of these rules. 58. All the preceding rules and regulations for proceeding in cases where the owner or owners of "sbip Or vessel shan desire to claim the benefi t of limitation of liability provided for in the act of Congress in tlmt behalf, shall apply to the circuit courts of the United States where sucb cases are or shall be pending in said courts upon appeal from the district courts.

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RIJLES OF PRACTIOE IN ADMIRALTY. 101 59. In a suit for damage by collision, if the clo.imant of any ves· I sel proceeded against, or any respondent proceeded against in personam, sho.lI, by petition, on oath, presented before or at the time of answering the libel, or within such further time as the court may allow, and containing suitable allegations showing fault or negligence in any other vessel contributing to the same collision, and the particulars thereof, and that such other vessel or any other party ough t to be proceeded against in the same suit for such damage, pray that process • be issuecl against such vessel or party to that end, such process may be issued, and, if duly served, such suit shall proceed as if such vessel or party had been originally pro- ceeded against; the other parties in the suit shall answer the petition; the claimant of such vessel or such new party shaJl answer the libel; and such further proceedings shall be bad and decree rendered by the court in the suit as to law and justice shoji appertain. But every sucb petitioner shall, upon filing his petition, give a stipulation, with sufficient sure- ties, to pay to the libellant and to any claimant or new party , brought in by virtue of sucb process, all sucb costs, damages, . and expenses as shall be awarded against the petitioner by tbe court upon tbe final c1ecree, wbetber rendered in the original or appellate court ; and any sucb claimant or new party sball give tbe same bonds or stipulations which are required in like cases from parties brougbt in under process issued on tbe prayer of a libellant. I o •

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" UNITED STATES I - {' ;'"1 ;'BANKRUPTCY LAW • • -. OF , I JULY 1, 1898, AND AMENDMENTS THERETO TO JUNE 25,1910 . .... -- ,.,... UNIFORM SYSTEM, WITH MARGIN AL NOTES AND INDEX, " I ASD GENERAL ORDERS AND FORMS IN BANKRUPTCY, ADOPTED AND ESTABLISHED BY THE SUPREME COURT OF THE UNITED STATES, NOVEMBER 28, 1898. I, --~,-~-- 'r ..... WASHINGTON : •• GOVERNMENT PRINTING o ..neE. 19 10 . I

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\ HQUSl': CON~URRENT RESOLUTION NO. 82, FIFTY·SEVENTH CONGR ESS, SECOND S&9SIO ]Waived by tll~ IJOUk of R epresentatil.'tll (lhe Senate concurring), That there be prin and bound los-ether in paper thirty thousand copies of the following documen namely: "U ntted States Bankrupt Law of Eighteen hundred and ninety-eight, un" form system, witb marginal notes and ind ~l( i" "General Orders and Forms i Bankruptcy. adopted and established by the Supreme Court of the United Sta November twenty-eighth , eighteen hundred and ninety-eight," and" House bi! (13679) for t he amendment or th e bankruptcy law , passed by th e Fifty-seventh Con gress,.second session, on ~anuarr twenty-eighth , nineteen bundred and three,' of which ten tbousand COpies sha.ll be for tbe use of the Senate and twenty tbousan copies for the use of the H oU8C. I

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• INDEX. Absena, Page. filling vacancy of referee .. . ........ _______ . _.. .. ___ ....• _. ______ _. _.. . 35 A ccounl.!!, of trustees, open to inspection, etc. _. . . _. _. . . _.. ____ . _...... _.. _. __. __. 37 Act, wben to take effect. ___ __ . _. _. _... _.. ___ . __ ____ . ___ .. . . _.. _____ • . ____ _ 50 A c(, additi onal compensation to receivers, marehals, and trustees . ____ . _____ _ 18 of bankruptcy , of what to consist. _... .. .. . ____ __ ___ ___ . __ . ____ .• . . __ ._ 18 Adju

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4 I NDEX. PAge. Ban.t'Ttt~ntinued. . • • petitIon to be accompamed hy bond .. ~ .• _• . . _• •• • • .• - - - - ....... - _.. - - . 20 liability for costs, etc ..... _. - _... .. - _.. ... ••.. . ...•. .. . _.. . - . -- 20 counsel fees, etc" fixing of .... . --_ .. ... -_ . •. . ... . •.. .• ... . _- .. .. . - 20 who may becolne . . __ .... - - : . _. ..... . •• .... - _. ... . - _... - - . _.. . .• -- - • • , 20 voluntary. ___ . _... __ . _... .. ... _.. _. .. . - . . _. . _.. . - - - -- - . _. . . ..... . 20 in\·oluntary ..... .. . .. . _. . . . _. •... _.. - - - _.... - - _. .. . • _... .. ... _•.. 20 a partnership may be adjudged. _. .. - - - _. . - - .. . .. - - • _.. _. .. - . - _.. - - - .. - 20 administration of estate ... . . . _. ____ .. - - _.•... _. _.... _. _. . . - .-- .••. 20 jurisuiction over one partner Bufficient, etc .. - .. _. . .. - _. _. . . . .. - _.. . 20 trustees' duty . ... . .. ... .. . . -_ . . . . .. .... . ......... .. ... ... . . -_ ... . 21 paYlneAt of debts ... ........... . .. ......•...................•..... 21 c1aiD:ls,of, a~ainst individua l estate!!, etc . . . ... .... ...... . . _•.•. . _.. . 21 adm ln1atratJon of estate, where all not bankrupts .... ... .. . ...... .. . 21 exempt ions of . . •. . .... . . . .... ... • _.... .............. . ... . • • - - " _.. .. . 21 duties of . .. .. .•... ..... .... . . ... ........... .......•. . . ... ..... .. . .... 21 when not. compelled to attend creditors' meeting .•.. ... . • •.. . . • _...•... 22 death or lnsanlty of . . . .............. . . ....... . ... . . ..... ...... _... _.. 22 r ights of widow and children . ....... .... ... ..... .. ........ ... .. . . 22 protection and detention of . .. . . .... ....... . .... .. . ... .. ........ ... . . . 22 exemption from arrest ........ . ...... . ....... _. . .. -- . . ... .. .. .. .. . 22 detention for purpose of examination .................. . . .. .. . . _.. . 22 how long d etained in custody ............ . .............. . .... . 23 extrad ition of ..... ...... .. . . ....................,. •.• • •. .. .. _. - .• . _.. . 23 sui ts by and Ilb'llinst . _. . . . . . . ................ . .... . . ........... ... ... . 23 stay until adjudication , etc ...... .. . ....... . . -- .. . . _...... -- . . ... .. 23 appearance. of .trustee : .. . • ... .........•.... ... ................ . ... 23 time for bringing, agamst trustee ... .. ... ..... . .. .... . . ..... ..... .. 23 compositions ...... .... ..... .. . . .... .............. .. ... .... • .. .•• .... 23 when may be offe red . . •.... . . .......•..... . ..... .. ......... ... ... 23 application for con firming .............. .... . .... . . . _.. . ..... .. .. . ~3 date, etc. , for h earing .......... . ..... . ................. .. . . .... •. 24 con dition of confirm ance ............ . ...... .. ... . ...... . .. .. ..... . 24 distributi on of consideration ............... . .. .. ............. . . __ . 24 may be set aside for fraud ... . . .. ... __ ....... . ...... . .. .... ... .... . 24 confirmation of, discharges from debts ... ... .... . . . .. ....... __ • ___. 25 d iecharges, application for ....... .. .. . .. . ... .......... . ............. .. 24 hearing ... .. . . . . ..... .. . ........... ...... . ' . _.. ......... . . . ..• . . . 24 ( 'w he n revokcd . ... . .. .... .................... ..... .... ... ....... . . 25 codebtors' liahility nOL affected by discharge ..... .... ................ .. 25 debUl n ot affected by diRch nrge ........ ... . ....... .... .... ... .. . ... ... . 25 cour t.~ and procedure t o declare, ctc .. .. . . .. .. .. ........... ... . . ... . .. . 26 officers, duties anll compensation .............. . . . . . . : . . .. ... ... ~ . . 32 ereditors, meet ings, claims of, etc .................... .. .... ... . .. ... . . 39 estates of . •.......• •• .• •• • ..••.....•....• .. ..•..... . ......... • .•.•... 44 time Wh Cll act takes efie(:t ...... . . ... _. ... ........... ... .. ....• . ..•... 50 trustee n ot personally liable on bond for penal ties of • ..• • . .. . ... . . .•.. . 38 B onkr!"ptcy (Set .Bankr';lpts ; Courts of Bank ruptcy). WIt h reference to tunc, what to mean ... . .. . . ....... . .............. __ .. 16 COurts of .. .. . .... . . . .. .. ... .. .....•...................... . .. .... .• •.. 17 jurisd iction of courts..... .......... ...... .... . ..... .••• . . . ..• • .. • ... 17 Rcts of . ....... .. .•. . . . . . . .. .. ... . ......... .. .... • .... ... . .• ... ....... 18 of corporation not to release its ofli cers, etc .. . .. .. .. . . .. ... .. . .. .. . ... . 20 proct:88, pleading, and ju risd iction ................................... . 26 creation of offi ces of t rustee and referee ......... ...... __ ..... . .... . _.. 32 creditors .... ... ...• ..... . ................................ .... .... . . . . 39 estatt-s . . ................... . . .. •.......................• ~ ..• . _. __ .. _. 44 Attoroey-(}ellt:;ral to report proceedings, c t( ~ ........ ..... ....... .. .. __ .. 3S statIstIca l mformatlon for .. . .... . . . ...... .......... ...... . . . .. . . . 39 Board of l)irectOT8, . punishment of, by courts of bankruptcy ........................... .. .. 17 B ona fide PurchoJJtr, for value, etc., title obtai ned hy lien , etc., not affected ....... .. ... .. .. .. 48 Bond, in bank ruptcy proceedings .............. ..... . ..... . ..... .. ... .. . .... . 37 when petitioner t o give .••..... . ••.. ...... ..... . . . . • _. •.. ... ..... . . _.. 19 lcustees not to give, on appeals ...... .. .... .... ........... .. ....... . .. . 30 o referees • ••• • ••• • •••• • •.. •. . .. ... ..•. ........ ...•. .. ••• •• •• •• •. . ... 37

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nIDXX. 5 lJond.-Continned. of t~ : ... ... .. .. ......... ... . ... .......... ..... ........ . . . . ... . ......87 may Increased .• _. __ • _... ___ ..... . __ .. __ . _. _. 7•..•. . .. .. . _. _.. . 37 BUf'ety'sproperty, value of .. __ ...•.. .• . ............... . ... . ..... .. .• __ 87 two neceeea.ry. _.. . . .. ___ .. _. __. _... _. __ . _..... .. ____ . __ . _...... _. 37 exce88 o~ property _______ . _....... _........... __ . _.. _... _. _. __ .. . 37 COTrations may be. __ . _.... _. _. _... _. _... _.. _. . __ __ ___ __.. __ . . _. 37 flling 0 _ •. _ . . . . _ .. ____ .• _. _. _ ... __ . ______ ... __ . ... . _ . _ . . .. _ .... _ .... 38 of tru ~ not liable for bank.rnpt's penalties, etc . .. •... .. . .... .... __ . 38 ~lt or eev~ral_ .. _. . - _. _. _. - -- -" . - - -_. . - _. - ...... - _... - - _. . _. _..... . 38 ure to give, creates vacancy ____ .. __ ___ . _. _........ ____ . _.. ____ _. ___ 38 suite U?OD, referees and trustees ... _.. . __ . ..... _.... . . __ ....... .. ..... . 38 to be gIven by d epositories of money of bankrupt estates .. . .. ..... .. .. . 44 to indemnify, to be given on taking bankrupt'e property . ... .. .. . ...... . 48 of bankrupt, to recover poesession of property .... . . .. . ....... . . ... ... . 48 certificates of search to be issued........ .. .. . ... . . . . . . .. . .... . . . .. . .. 50 Circuit C»urtB, jurisdiction of controversies between truetee and ad\'erse claimant .. . .. . 29 concurrent with couTts of bankruptcy . . .. ..... . . ........... . ..... . 29 Circuit COurts uf .A~~ah, . granted a~pe ate jurisdiction over courts of bankrupky .. ............. . 29 on re ll..q,al to adjudge defendant bankrupt .. . ' . _.. : .. . . . •...... . ..• . 50 on denying a di ach&rge •.... .. _..••••........ . .. ... ... ............ 30 on allowing, etc., debb:! of $500 or o \·er ... ... ... . . ... .. .. .. .. . . .. . . . 30 when to be taken •..• _.....•..• •... . ... ... . .... .... .. .... .. .. . . •. 30 appeal to Supreme Court from decision of. .... .. . •...•. • .• ... . •....• • .. 30 where amount is over $2,500, etc ...... . ... . ....... . .... ....... . .. . 30 where question is certified by Suprem e Court josti

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6 INDEX. Conveyances, subsequent to act, etc., to defraud , void . ..... .. _... • .. .•. . . -- _... - - _. - - ..... 47 within four months of petition, void under State laws, ew. _.. - - - . - _. - - -- 47 Ccrporatiml.8, definition of •.. .. __ .•.. ' _. _. _. .•. . , -. _.. - - - - - ._. " _..• . - _. - - -_. _.• _. -- 15 ~!isrhment of, by courts of bankruptcy . U' _ . . . . . . . . . . __ u. • _ _ ..... - -- 17 uptcy of, not to release officers, etc ___ .. . __ - - - _. - - - - - - _.. _. . - - - _. 20 may be sureties on bonds of trustees and referees . -- - . - - .. - _. _. . _•• _. _. , 37 Costs, • j udgments for _.• . . __•• __. • ____ . . . ___- - - - - - - - - - _. - - - - _• • • _. _. - - _•• - - _. 18 allowance of, on dismissing petition ___ . . _- - _- . - . . - - - - - _. - _. - - - - - _. _.. . - 20 Coo.mel jees, allowance of, on dismiesing petition _. __ . _________ -- - - -- - _. .. - _. - - _. - _.- 20 COUllselor at law, payments to, by ban krupt, Dlay be reexllmined. ____ ___- - -- - - - _. - - • •• ... 43 Counterclaims, between bankrupt and creditor • ... . ____ __ . . . .• - - . - - .. - .. . - .... -.. . .. • - 48 Court, d efinition of. . . • ••....... . ....... -.. . . .. . . ... -' . .. . .. .... -. .. - . ...... - 16 Cour4 (see Courts of Bankruptcy; Pleadi ng and Practice i U nitcd States Court8) , to determi ne issues, where facts controverted . . . . __ .... . . - ... • . ....• •.. • 26 decision, where pleadings not filed .... ..... __ .. .. ... -- - -- - ....... ' -' - - 27 to bear and adjudicate voluntary petitions .. . . -.- -- - ... . . . ..• - - -- - - ---- 27 Courl8 oj B an/. :ruplC1j, definition of . .. . ... . __ . _______ . _.• _. .. . - -. - .... .. ... ..•. - - • - - -. .... -- 15 :l- United States district court .. .. . ... .. _____ .. .• • • . . . - -.. -•.. -. • - - .. -.. . . 17 'j supreme court., District of Columbia . ... .. . . .. ___ . ____ .. - _- - . -- -. - - _. . . 17 Territorial d iatrict courts: . •. . .. . .. .. . _. _______ . __ . _- - -.• - - .. - - _.. - _.. . 17 I pn~ te~ ~tates courts, Indian Territory and Alaska . __ __ .. • . _..... __ . - - .. 17 lunsdlctlon of . .•.•. ..• _... .. . • . .. . .. --. -- - .. . ..• . . •...... . ... - - - ... -- 17 - adjudged bankrupt .. ... •.. . ___ _. __ .. ..... -- ---- -••••• _.••... - • . . - 17 .. allow Rnd disallow claims, etc _. _..... ....... ___ _____ . ..•......• . .• 17 appoint receivers, etc . _. . . .. .. . •.. . .• ___ .•. . _.. _-. -- -- -- • __. ..... . 17 try and punish bankrupts . •... ___ . ____ .. _... ________ .. _. .•. . _. _._ . 17 permit temporary transaction of business .. _. _. _. ___ __ _. ........• . .. 18 substitute additional persons in proceed ings, etc _.. . _. . _•. .. _••. , . • _ 18 collect and distri bute assetB ••• _• ••••••• _...... . .. __ . ___ ___ . ___ • __ •• • •• 18 close estates. _•...•.. . . ... .... .. . .•. _. _. __________ ... _. .• .. •• ••. . . _.. . 18 confirm or rej ectcom~sition8 _ . ... . __ .... .. • .. . .......... _. ____ . __ .. _. 18 modify , etc., referees 6ndings •.. . ...• ____ ... ____ . ....•. • . . ....... .. .• 18 determine exemptions .....•... .. __ , _. . __. _• . . ,. _. • _.... __ .. __ .• _...• . 18 d ischarge bankrupts, etc ...• . . . . . . _. . . ..... . . .. . . . __ • __ .. _....... _•• .. 18 enforce orders ..•. .. . . ... . .. . ... . . ... __ ..•. ••• . • _• . . _. • . . • ,' •. • .. • •.... 18 extradite bankrupts. _....... ___ ..... ~ . . _.. _... ....... .... .. .. . . . .. : .. 18 lua.ke orders, etc .. . . .... • .... _.. _. ___. __ . ___ . __ . ___ . __. __ .. _. _... _. • . 18 punish for contempt. _. _. ___ . .. •. __.. ... ...•.. ____ . . .. ..• _. . . • _. . _... . 18 appoint trustees, etc ...... ... _..... .. .. . .. . .. ... . .. ................ .. . 18 tax costs .. _• • ••.. .. ......• _.. _., . •. . ___ ____ '" ___ • _.• • .. • •.. __ ••• .. .. 18 transfer cases _.. • ____ .. .. . . •..• .. _......... . ___ ... __________ __ , .. •.. • 18 ·unspecified powers .... .... __ ..• . __..• _..... ____ . __ . _.... _. .. _... • ..• . 18 when an appeal may be taken from d ecisions ..... .. . ____ .. _.... ... .. . . . 30 to designate newspapers in which to publish notices . .. .. .. _.•...•...... 30 transfer of caaea commenced in d ifferent .... _... __ .. ..... __ .. ... __ . _.. . 32 to appoint and remove referees, etc . .. ........... . . .. ........ ..... .... . 32 when to call meeting of creditors ....... __ . ___ . . __ ___ .... __ . ..... __ . __ . 39 . Ortditors. definition of .••......•...... .. . ...... . . ... . .. . _. _____ . • ___..• _.•..•. _ 16 of bankrupt, time andlvlace of meeting ..... _... _. __., . _...... . _... __ .. 39 presiding officer, uues .. . __ .. ... .. . ____ .. . __ .... .. _..... . . ..... .. 39 steps fo r best interest of estate ...... _.... . _•. _.... __ .. . . .. _... .. .. 39 subsequen t meetings. _... ..•.. .. . .... __ . _.... , _.. ... •. ..... •. ...•. 39 meetings, call of, by judge . .. . ........ .. . ............ .. . __ ..... .. . 39 6na1.•.. •.•• .... . _•....... ... ... _...... ____ .. .. . . ... .•.•••.•. 39 voting at ... •... ..... ... ... . ____ .• ... . .. .• __ • • __ • __... ••...•. 39 claims, proof of . .. ... . . .... . . .. .. -.--- .... - .. -.-.- ... - ..•. . ........•. 40 when founded upon a writing .. . ....... _. ....... ..... ..... __ .•• .•. 40 after pra yed , may be d ied .. . . . ... ... ______ .. ... ... __ .... . .... __ .. 4() ,

Page 105

INDEX. 7 /Mc!itor>-Continued. Page. claims, allowance of . ••.•... . • .. .•...•....•.. _.•••••. _... _. •• • • .•• __ _ 40 of secured creditors, etc . _... .. _........ _... _._ . _..•. _.•. •.• 0 •• : __ _ 40 bearing objections . . _. _...•.•....•.... " _... . . . .. . _... _. _. _..... _. 40 prelerred .................... .............. .. .... .. .... .. . 40 value of securities held by secured creditors, etc . .• ___ . _. .. _. ::::::: 41 secured by individual undertaking _. _. . . _. _.. ... . _..... _. _..... ___ 41 due to Government, etc. , allowance of. _... _..... ____ .... ___ ...... . 41 reconsideration oC •• _•••••••• 0:. __ .0 _.. _....... __ ..... . _..... ____ _ 41 recovery of dividend .. _... _.. .. .. . __ .. __ .... ____ ..... __ ... .. . __ .. 41 of one bankrupt against another . ... _. _..... ____ ....... _.. __...... _ 41 time for proving. ____ .. 0 ••••••• • _ ••• __ •••• __ • _. _. _ ••• _ • • •• • 0 •• • • • • 41 o f infan ts, etc ...... . ............... • ............. ..... .. .. . .. 41 notice! to; " 'aiver ....... . ......... .. . ... . ............... . ........ . . . . 41 who may fil e a petitioo . ... ..... ..... . . . •.......... . ........ . ...... . .0. 42 no f Ice t 0,0('1 t'lomed'In petltton .. . ... ........•...........•.• _.......... . 42 computing number of. _........ . .... . ... _............ ....... ... .... .. . 42 appearance ..... .•. ..................... . . . .... ... ....•........... .. 42 notice of dism issal ...•.. . •....... .... .. .. .. . .. ...... • .. ..... . ....•.... 42 preferred. \\tho deemed ...... ... ....... .. ............. . ....... ... .... . 42 . giving-further credit, el(: .. .. .....•..•....• .... .. ....... . .. • . .• .•.. 43 examination of payments to attorneys, etc., on application ............ . . 4;1 notices to, of pendency of petition .................................• . .. 42 computing num ber of . ..•...•.. . . . .. .. ..........•............ .. ....••. 42 other than orif:!ina l, appearance of. ......... ............... . .......... . 42 notice to, of dismissal of petition ........... ... ........ _.... . ......... . 42 ~eiyin~ ~i"idends. not a;ffected by p~oof of subsequent claims, etc . . _. . . 46 wlthm U ntted States, enti tled to certain preferences._ .•.. •. _.•. _...... _ 46 set-

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INDEX. Definitions, ..... 15 :ludiC:t~~i~~~ .~'~.~~. ~ .~~i~~~~ .~~~ .~~. ~~~::::::::::: ~ :: ::: :: ::::: 15 15 appellate courts . . ________ __ _. ______ . . _. _•.. -- - - _. - -- _. - _. _. _. -- - _•. _. bankrupt _____ . . __ _____ . __. ___ . ___________ -- . - _. - -- - _. -- - - -- - -- - _.. - - 15 bankruptcy ___ ... ________ ._ .... _.. ___ .• • -- - -_ . -- - _.•. - - •. - -. - _. • . _--- 16 clerk _.• . _. _.. __ . __ . _. _. . _...• _.•. _. • . -.- _. - - - -.- - - -- -'" - -. _. . _. . • - - IS commencement of proceedingM . . _. . __ .. : ___ . •. - - - - .•. - ' -- _. _.. •. -- _. -- 16 conceal .. . ____ . ___ _. _______ . . _. ___ _. • . . _... .. - - _.• . _. - - - _. -. - _• . ..• - - 16 corporations _.. _... ____ . ____ . . _..• _. _• • _. __...•. _. - - - _. - - - . - . __ . •.•. . 15 court . . _. _. _. __ .. _. ____ . ____ ___ . _- - -- -.. . . - - _.. -.. --- .. -- -.. -- - -. - -. - 15 cour!S0f.bankruptcy . . .. _. . . .• - ......• . ....... .. ...•.. _....•.. _-_ ••• _. IS credItor ......... ... . .. . ... ..... . ....... . . . - .•.. - - . .. - ..•... .. ....• -. 16 date of bankruptcy ... _..•... . __. .. _. . ... . . . ___ .- .. -- .. - .. .. -- -- .•• - .. 16 debt. . ... ..... .... ..... . ........... .. . ..... . . ... . •........ ... ..... .. . 16 discharge _..... _...... . . ... .. . _. .... . -.. - _.......... - . .. . .• . •.. - .•. .. 16 document. _........... _........ _. ... ......•.. _.. ... . . . - . . . . . . - . .. - . . . 16 holiday .. ................ _........ ..• _. __ ... ....... . - - .. - ... . .... -." 16 insolvent ... . .... . . . . _. . _.. . • _.•.... _ ........ - . .. - . .... ...... ... ... . 16 16 ~~~~~:::: ~ ~:::::::::::::: ~::: ~:::::: ::::::::::::: ~::: : : ::: :::: ::::: : 16 officer ............... . _........ _. __ . _. . .. _..• -- .. - . _......... . ... - .. . 16 · 16 ~~~~;:~~~~~~~:~~~~::~~:~~:~:::~~::::::::::::::::::::::::::::::::::: secured creditor •.......... . . . ........ ..• ... • . ... . . .. ......... .... - . . . 16 " 16 • 16 StaLes ....... . . _.. . .......... • __ . . _. ......... __. • _. __ A •• _ • •••••• _ ••• • 16 time of bankruptcy ....... . .... .. ... _... . ..•...•.. _. ....... ' . - . . -. - .. . 16 transfer . ..... ..• .. . ... ..............• . _• . • .. . . ..•... .•.. . • . . _.... . . . 16 trustee ... . . ......... ........ . ..... ................. .... . ... _..•..•.. 17 wage·earner .......... . ... . ......... .. .. . ......... .......... .. _.. _.. . . 17 words importing masculine gender .... . _.. .... _.. • • ••.... _... . . . _... . . 17 singular number . . .. ...... . .. ........ ..... _•..... .. ..... ... ..... _ 17 plural nu mber ... .................. .. ......................... . . . 17 DtpOIfitions, • in bankruptcy cases, lawsgoverning . ............ .. .. .......... _... ... . 28 Depositories, designation of, for money of bankrupt estates ....•...•......... _. . .• _.. 44 to give bond .............. .. . _.. . .. .....•........ .. . . . .. .. ...•..... . . 44 Detention, of bankrupt for purposes of exami nation .. . ... . .. __ .... . . _.. .. . . _. .. _.. 22 length of ....... . .. .. ........ . .......... .. ... .•.. _. __..• • ...•.... 23 J)i"cld~ff~ition of ..............•... . ............... _. . _. ... _•. . ... • .... . ... 16 applieat.i?n fo~ _.. ... ......... ......... . _................... . ....... . . 24 beanng a t . . _... _... . . ... . _.. _...... _...... .. . .. . . ... . . ......... . 24 irom debts, 011 confirmati on o f com positi on .. _........... _. ... .• _•• _.. . 25 when revoked ................•........ __ ........................... . 25 of bankrupt, not to affect codebtor's Jiability ..... .. ... . ........... . _.. . , 25 debts notnffected by . . . . . ........... . •.•....•.... _.. .. . _......... .. _. 25 on revocation, payment of claims accrui ng after composi ti on . ... _...... . 45 .Di.ttrict Court" (see United States courts), made courta of bank ruptcy . . . . . ... . _............. _.. . ... .. ... . ....... . 17 supreme court, made court of bankruptcy . . . .... .. ..... . . .. . . _. ...... . . .17 Dividend" refe rees to d eclare in baQkropt.cy cases, etc .. . ...... .. ........ . . ...... . . 33 declarati on and pavlllcnt on allowed claims • . ... . _.. . ............ _. . .. . 45 declaration of Dl1:lt: •••••• . ..•..•. •. _. _.. •...•••••.••..•• •. •.•••...•.•• 45 su bsequent ......................... ..... . ........... .. . .. ........ . 45 creditors reeeh'ing, not affected iJy proof of subsequen t claims, etc . ..... . 46 Jjre~e renc~ to certain creditors, etc . ............... ... . __ . ....•. _. _. __ . • 46 IOllt to right to collect . ....... . .... .. . . ..... _. . _.. . ......•..... .. __ . . 46 lIncht.itned after s ix months, disposition ... _.......... . ............ __ .. . 46 after one year ..•.. _.•..•••• . . . .. . __ .. . . . . . _. •..... .. . ..... . .. .... 46 of Juinors ............. . ... . ......... . ...... _... ~ ..... . . _•• •• . •. . . 46 .Document, . definition of ..... . .. .. . . _. ....... .. .. . ......... . . ......... __. . . _..• _. . 16 ~. , death of bankrupt, not to affect widow, etc .. .. __ .. ......... .. . . .. .. _. __ 22

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• INDEX. 9 Eslatu, bankrupt, depositories for money ..... _........ _... •... . ... ... _•.. __.. . ""e. 44 ex~seaof administering ..... _'" _. .. _. _. _.•• __ •...• ..... _. ___ .. __. _. 44 df tawbicb d man ~lroved-:------- - .. -- ... -.- ... -.- -.-- -.-- ------- -- lowall ooof un lqUI ateel claIms .. .. ... • •• _•••. .• ••.•.•. •.•. ___ _••••.• 44 44 ebts which have priority .... . ...... __ ___ . _.. .. .. ........ _. _. _... _. __ 44 declaration and payment of dividends. __ __ .... . __.. ...... _. ___ ••.. .. _.• >IS unclaimed . _. _...... __ •.. _.... _.......•. . . ..... . ........ _• .. ____ • 4S liens. _....... .. _... .. . __ . _... __ ............ . ... __ .. . . . _... __ •. . ..... _ 46 eet-oHa an d counterclai inS _ • •• • _ • •• • • •• _ • ••••• ••• __ • _ •••••• _ ••• _ ••• _. _ . 48 tit~8Bion of . . . . . . ... . .. .. . . ..... . . .. .. -••. _............... ......... . 48 to ...•...• ..... . . . . .. ..... . .. •. . .. .. ..... ...... . .. ... .. .. • _. .• • •. 49 Evidence, compulsory attendance of witnesses . .....•... . .. .. . .. .......•• •. ••. . __ • 27 (I eposl·f IOns, I awe governtng . . .. _.. . ...... _.•• • ••. . •• _. . __ .••. __ .. ... .. . 28 notice of tak ing .... . .. . ..... .. .. .. ... .. . .. _... .......•. • _. .•. .• _. 28 certified copies of proceedings, ck ..... .. . . ...... . ... _•••. • • __ ........ . 28 Exemptions, of bankrupts, allowed by State 1aw8, etc ....... . __ ........ .. . _. _..... _. 21 Extradition, . blcourts of bankruptcy, from one district to a nother . . ..... ..•.. ..• __ .• o bank rupts . .. . ....... _........ . .. . .. .. ..... . .... .. ........ . •.. .. • . • 18 23 Pines (ue Crimes and offenses), in bankruptcy matters, for acting as referee when intel'ested , etc .... . . . . 31 purchasing prop!'>rty of estate, etc ....... ... _...... .... .. .. . . ... . ... _..• 31 1 re f · ·lDspectlOn tlSlng . a f accoon ts, etc .. .... ..... ..... ~ ... . . .... . ........ . 31 Fa ......, •• in bankruptcy mat.ters, to be prescri bed by Suprem e OOurt ......... ... .. 31 .,C Froud, practice of. grounds for settinc composition aside . ... ... .. ... . _. . .. .... _ 24 ~ Guarantor, liability of, not affected b:9' bankrupt's discharge .. .... .. ......... .. .. .. - 2S Holiday, • definition of. . .' ... ...... . ..... ...... •........ .. . ......... .. .. ... ...... 16 Incumbronct". subsequen t to act, elc. , to d efraud, void . ...... .. .... . : ... ..... .. ...... .. 47 within four months of petition, void under Stat.e If. ws, etc ... _.•• •..• . . •• 47 Indexes, to be kept by clerks . .• .•. •.. ..•... ..• .. . . ' ....... . . .. ...... .....• . _.. 50 lndian Territar.'l, United States courts in, made courts of ballkruptcy . ..... ... . ... . . .... _. 17 Infant~ . time for pro\'ing c l a im ~ against ba nkrupt ..... . .......... . .... ........ .. 41 ['l'IMm e, bankrupt, time for provinl! claims against ....... . .. . .. . ...... ......... . 41 bankrupt becom ing, not to abate pr()l.'ef!

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to INDEX. • ~ Poco· JUTYj,erson againat whom petition filed, entitled to trial by •.•••.. ___ • •• •.• •. 'rl waiver of right . __._ . . . _. . . ... .... ..... .. _. ... ..... ... .• - . • • .. ... . 'rl a.ttendance of .. _.... .. • _. .. _. . ...... _. .. _•.. _.• . ... ...•. _... . _. - • .•.. . 'rl laws as to trials . .• .... _•..... ... _... . . •.. • .......• _.... __ 0- _.- _ _ . _ ••• 'rl Ltuiu, obtained within four Ulonths, etc., ,"oid •. __ _. __ .. ..... _•.• .. . _. . _••. _. . 48 L1"er1&. unrecorded claims not, elc . __ ......... . _.. __ .. .. . - . - _.' .• ....... - _.. - - 48 trustees subrogated to rightB of credi tor _.• •• .. •. .•. - --- _.. ... •.. -. - ..•. 46 created witbin four months of filin g petition to be dissolved . .. - -• • ••• • .. 48 if derendlUlt were inaolvent .. _.... . .... .•. __ ... .. _. _. .. -. - - - •...... 47 through fraud .. . .••. _. ____ . _• .. .. ____ ..•..•.......... .. ....•...•. 47 trustees subrogated, et c ....... ........ ..•.. .. ..• .... ....... .... . . . 47 gil·en in good mitn, etc., not affected . ....... .............. . ......... .. 47 conveyanccs, etc., subsequent to act, etc., to defraud ... .... ... ... . ..... . 47 property remains part of assets ... . ........ .... .. .... _.. . ..... ... .. 47 void under State laws .. ... ...•. . .. ... ....................... . ... . . 47 created th rough legal proceedings, void, etc ..... ..•................... . 48 property passes to trustee .. .....•..... ... ..... .. ....•..... ••.• ..•. 48 cou rt may order con veyances ..... . . .. ... . .. ; ......•..•... . · ... . .. . 48 purchaser for value, etc., not. affected ..... ...... .. _.......... _.. . . . 48 MaT8halJJ, courts of bankruptcy, to appoint ...... .......... ......... .. .. .. .. . .. . 17 cOlnpeusat.ion of . . . .. . ..... . . ...... . ............•. .... .•.... . ••.•. 38 additional .. • .. .............. . ..• •. . . .. . . _.. .. ..... ..... ....•...• 18 Masculine Gender, words importing, how canstm oo .............. . ...... .. ..... . ...... _.. . 17 Meetings, bankrupt to attend creditors', etc ....... . ..... ' ....... . .... .. .... .... .. 21 ,vhen not required .... .•. .........• .. ..•.. .... ...... .... ..... . •.. 22 of bankrupt's cred itors, plnce and tim e ......... : . . ...... ...... ... ... .. 39 presidin! officer .. ..•...... .. . . ... ..•. . .. ..... ....•. ..... ... ... .• .. ... 39 time an place of subsequent ....... .. . ......... . .... . . ...... ..... .... . 39 ! call of, by court • .. .. •..... ...... ...... .. .........•. ....... ..... .. .... 39 }, final, ord ered . ... . •.. . • .. • .•.. . . . . . .. ... . •. . .... .. .. ••..• . ..•. ...•. •. 39 voting at .. ....•...• ..• ..•.... . •. ............. . . .•. •. •. •. ..••...... •. 39 .'; holders of secured claims not entitled to vote at •. .. . ... .... .••..... . . .. JfinoT8, 40 , tim e for claiming dividend ...................................... . . .. .. 48 • N ewt1XJpe7'8, designation of, to publish banlquptcy n otires ..•..•.•.•.....•...• . ..•. . SO Non compos1llml.is (see Insane). Notices, · to creditors, time of •. . ... • ...•.. . ... . ... . . .. . . .•... . ..... .•..... ..... 41 • mal, be wa.ived .. •.• . •• .•.. ••....... ..•.. •.•.. ..•.•-.. ..• . _...• • ••. 41 of rstmeeting, etc ........ ...... . . . .. . ... . . . ...... . .... _.. .••••. 42 to be gi ven by referee •.•.••. . ............•...•••.•••......• ...... •.•. 42 I to creditors not joined in petition .... . ....... . __ . . ... .. . ...... __ ... . .. 42 petitions not to be diamiaeed without .. . ... ... ....................... .. 42 Numbtr, words imra;rtin g plural, h ow construed .... ...... ..... . .. .. ..... ..... __ 17 Bingu ar, how construed . ..•.. • .•..•. •.• _•..•. . .. . ••.. . . ....•. _. . . 17 Oath, definition of .•......... . . • .•. •.• ...•.....•.. • .....•..• • _• .•••. . • . ••• • 16 brwhom administered in bankruptcy matters ....... .• .. . ..... .••.. ••. . . a office of referees •• .• •• ......• • . •.•• .•........•...... ••..... •. .••. . . 27 32 .. Ojfk

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INDEX. 11 pa~;t~~!~~i debts ..•.. __ . _. . _. _....... .. _... __ . . _... _. .. .... _. Page. 21 In i"idual debts. _, ....... . _... __ .. . __ _. ____ . __ ............ _.. 21 surplus 01 pr0.P"rty . . ..•.. .. .... • •... .. . .•....••....... . .• . .. . . ... 21 claIms of, agalQat mdividual estates, etc ... _.. .. _... • '" . _. _. . __ .. _. 21 administration of estate, where all not bankrupt .. . ___ .... _... _. . . . _ 21 Per$orlA, d efiniti on of. __ . . _... ___ ..... _. __ ... ___ .. _........ _. ___ .. __ .... . . _... . 16 PttilUm, d efinition of .. __ ... _. . __ .•..•••... _.. _. _... __ .••.... _. _. ............ __ 16 of 11 A person against w hom a petition ha.!:1 been fi led _... _. _. _. ..... . 16 againstin801vent, wben filed ...... . ..... __ ... ... •. . __ ... . .....•.. __ . . • 19 f.rom when to date ... ••.. .... . _. _. ____ . __ .. ___ . _.. . . _. _. _• . .. _.... 19 involuD.tary ~ankruptcy , service of ...• . .•... • . .••..... . ... ...... . . ... . 26 '1e.r16catJon . .......•• .... . ..•. ....•... •••....... . .. •.. . .... ... ... 26 to b4: adjudged voluntary bankrupt, who may file . . . •.. . .... . ... .. ... .. 42 Involuntary bankrupt . •• .••..••...... . .. ... ... . .. • • •. • . . . _.... .• .. 42 to be in duplicate . . .. . . .................... . . .. ............... .. .... . 42 notioo to creditors not joined .... ... .. ......... .. .. . .••..•..•• ..••• •• .. 42 .hearings ..•...•.. .... .. ..................... . .... ... .. . .... ... ... . ... 42 Pllading and Practicl, involuntary bankruptcy, service 01 petition .... ....... ..• . .... .. ...... . 26 when returnahle .. .. . ...... ....... . ......•.•••.. .. ..• . ..• • .•. .... 26 time for, verification . ..... . ...... . •.• . ... . ..•...... • ..... .• ...... . 26 determination of issuMI .... . .. ... . ...... . ........ . . .. ....... ... .. . . 26 decision, when ll otfi led . ......... ... . ........ ................... . 27 , voluntary bankruptcy, hearing on filing petition .. . ... •. _.. .. .... . .. _. . 27 ! involWltary bankruptcy, jury trials . ... . ....... . ....... . ....... .. .... . . 27 oaths and Il.ffh mati ons • •. . .... _........ . ... .. .. ..... ...• ...... ........ 27 evidence . ........ ... .•..•.. .. .... . . .. .. ...••••. ... •. .. _.. • .. .. ••...•. 27 compu lsory attendance of witnesses . . . . . .. .... • .....•.. .... . ...... . 27 deposition&, Jaws governing ........... ...... _... .. .... . .. _. . •..• .. 28 certified copies of proceedin~, etc ...... ... . ... ..... . . ... . . . .. ... . _ 28 reference of cases after adjudicatlOD ..... .. . . . _. . ... .. . _. . .. . ..• .... .. . . 28 transfer of cases to different referee ....... ____ . ___ .... __ .. ... ... .... . . 29 jurisdiction of Uniterl States and State courts ....... •. ................. . 29 Bui ts of trustees, where brough t .. . .. __ ......... . . __ .... .... .... . __ .• . . 211 appellate courts, ju risdiction of. .. ..... .. .. . ... . . .. .. . . .. __ .......... . . 29 ap~ls .and writs of er~r ... ____ .... . ...... .. . ... .. __ ., .. . , ..• , . . •..•. 29 arbitratIOn of controvennC8 . ..... ............. . . .......... .... .... . .. . . 30 compromise . .•..•.....•.... . .•.....••... . ...•.... • . ..• . •........••.• . 30 l notices, how published •• ~ .... .... . .............. . .. . ... .. ... ..'....... _ SO I punishment fo r misappropriating property, etc ..•........•.. _... .. . . . . . rules, forms, and orders, promulgation of . . .. . ..... . ... . ......... . ... .. 31 31 computation of time • __ •••• •••.•.. ... .. . .. •. ....• •.• .... •.. .......... . 81 transfer of cases _•.•••••••..• . •• • _.•..•....... . ••• ••..•. • ... _•. ..... .. 32 Pol~ °6.!k:~r,Uhow may be retained .•.•........... . .•...•... _._ .. 0._ .. _. 49 PO&It&rion, of bankrupt's propertr, w ben taken •• _. .. ..... . . ..... . ... ... . ......... . 48 release of, on givmg bond ... ..... .... .. . .. . ................ . .... .. 48 Priftr

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12 INDE X. , PurcJuuer, p.g.. fo r vslue, etc., title obtained by lien, etc., notafiected __ __ ____ ___. _____ . 4S R ecet.VtT8, courts of bankruptcy Ul appoint . _.. ___ . . _ _. __ .. _________ . -- - - - _. - - _. - 17 additional compen sation of ________ ___ __ .. . . _.. __ ." _. ___ - __--- - - -- _.- 18 &cord8, in bankruptcy proceedings, of refer~, etc _. ___ ____ ___ _-.- . .. _.. --- .-- - 33 Referee, definition of ____ __. _______. ___ '. _. _.... __ __ .. ______ __ . ___ _- __ __ . - - - _• . 16 in ban krul)tcy proceetling'S, creati on of offi.

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• " IlfDEX. 18 , I &attl, p ..... definition of ...•••.. •• ..• . .•.•.. .•• . . .......•... . .. •...••• .•...•.• _._ 16 proceedings under insolvent laws of, not affected . .... .•.. . • _. .• _. . _" '_ 50 Stt:nographl!T",. referees to authorize employment . . . .. _.. __ ___ _...... . __• _. ........ •• . 33 Suit., by and against bankrupts .. __. ... ..... •... . _. .. ... .. ... ___ ..... . _. . . _. 23 etay until adjudication, etc .. _... . __ . . _. . __ ..... ... . _. .. ........... _ 23 appearrulce of trustee . . .. . ... . _. _..... . . __ ___ . ... .. _... . . . ... . _._ . 23 commenced prior to adjudication __ .... ... . . . . .. ___ .. __ .. _.. _.. _.. . 23 time for bringing, against trustee . . ..... .. . _. .. _._ . . . ____ . _.. _.... . 23 not to abate on death of trustee .. ..... . .... .. .... ___ .. .. .... __ ....... . 35 upon bonds (\f trustees and referees, when brought ........ . •••.•.. .. ... 38 in the narue of the United States, etc ... .. • .. . •... .... . . .....•.•... 38 lien created pUl1!uant to, when dissolved ...... ... ........ ... .•• . ...•... 46 .Supreme Court, DU:ltrict oj Columhia, made court of bankruptcy ••. .... .................. . •...• ... ..... . .. .. 17 Supreme Courts oj tILe Territories, granted appellate jurisdiction o\'er bankruptcy courts .... .... .. • ...•.. •• 29 Su.preme Cou rt oj lhe lhtil.ed StaleR, . appellate jurisdiction over courts of bankruptcy, etc .... ... . • . ..•.•..•.. 29 over circuit courta of appeals . ... .... . .... . . • ..... . .......••••••... 30 certification of ('Mas to, by United States conrt8 . . ... . ........•• .... 30 to prescri be rul es, forms, and orders for bankruptcy courts . •. ... .... .. " 31 .$'u diu (see Bonds), on bonds of trustees Rnd referees . .•. . .............. . .... •. ..•. . . . . . . .. 37 two necessary on each ............. . ... . .•.... .. .. . .• ... ..... . . . .. 37 excess of property ....•.•. .. .....• . .... .. ........ . ... . ........•... 37 C'orporations ma.y be ..• ..... . . . . •... .... .. .. . . " "" ... ..... . .... . 37 liability of, oot affected by bankrupt's discharge .. .. . . • .......•.•• . .. • . 2S r ~ Taxes, owing by bankrupt, paymentof. .... _.. .•... . ... _.•..••.•• __ ...• __••. . 44 T errilorie•• dilJtrict canrta of. made courts of bankruptcy .. . ...• .• ••..• ••.•... ••.•.. 17 T eRtimony, person denying insolvency, to ~i ve ..... ... .. . •..•... _.••... . _. • ... . ... 19 burd en o f proof .. ... . . ... .. .... . ... .. . ....•.•..• .. .•..• .• ... • •. . 19 Tim e, bankruptcy act, computation of days .... ... . ...... .. ........... . ..... . 31 wh ('11 to take effect • ....... .. . ... . . ... .•.••.. . . .. .. ... ....•... ... . 50 Time oj Bankruptcy, d efinition of ..•... .. ....• . .. .. . .... . . ... ... ... ........•............... 16 1 ljtlt. to bankrupt's propertyvestcd in trustee . . ...... ....... . •• .. • . . . •. ... • .. 49 d ocumen ts .. ............. . . . .... •. .... .... . . ..... . .. . ....•... .. . • 49 patente, et c ..... •... . . .. ... ..... _...•........... •.• . • _.•. .. . ..•.. 49 powers whi ch might have been exercised, etc . .............•...•. . _ 49 property tran.Fferred in fraud. _ .. ... . .. . . ~ . .. . . . . . .... ... • ••• •. •• .• 49 which mIght ha.ve been transferred, eti' . . . . .. . . .. .... . . ... .. .. . 49 disposition of policy of insuran ce, etc • . .......... ...• . . •. . ..•. . . . _ 49 rights of acti on upon contracts, etc . .. . .. .... t • • • • . • • • . • • . . • •• • 49 trustee to convey .. . . .. • . . . .. ... . . ..... . . " ..• .. ... ' " ...... . . .•.. 49 vested in trustee on settin g com position aside .... . ...... .. . . . •. . • •• 49 le\·est.ed in bankrupt Oil confirming composiHon . .......... . .. • .. ... 50 1)-an~r:r, definition of .. .. . • ...•... . .•. . •. ...•. . ... . . .• . ........ ...... .. .... . .. 16 of cases commenced in different courts .•... . ....... . •.... . •• . .••..• .. • • 32 I!u baeq ncnt to act, etc., to defraud , void ......•... • .. . . . .. . . . . .. . . ... . .• 47 within four months of petition, void und er State Inw ~ .........•...••. __ 47 Trial•. by jury, in involuntary bankruptcy ~ ... • ...•.. ... .... •...•. . . . .. • .. 27 ~ee, . d efinitionof •.• . • . •• • .....• •.• .. . . . . .•• ••. . .. ... •.•..... .• ..• . .. .. .. . 17 in bankruptcy proceedings, creation of oHiee . ... . . • _•. . . • ••••. ..•. ..... . 32 appointment; qualifications ..• ••. •.• . .. • . . ............. . ..... •. .. . 18, 35 deatb or remova l • •. . .. • •..•...••. .....•.. .•. _. ••••..• •• •••• . _• . • _ 35 mite Dot to abate .... . ... .. " . .•.. • •.•. _•••.•• ••• •••••• •••••.. 35 , , ,..

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IlIDEX. , 14 Trtwee-Continued. Pag!:. in banknlptCY proceedings, specification of duties ••••••••••• •• • __•••••• . 35 eoncurrence of two out of three necessary •• •• .. __ _.. _•. . _. _.• _. _... 36 to file eertiJiod copy of dearee, etc. ••• .••. .. ••••. ......•• •. •••• .. . . 36 eo m~neation _.. __.. ••. _._ .•. _____ _•. ____ 0_ •• 36,50 ••••• • •••• _ •• _ •••• •• additional ... . . .... _. _... __. _. _.... ___ .. _. _.. _... _... _. ____ .. __ . _ 18 wi~tral~inngm_~~~I. ~_~~~~ ~~~ .~~~ _~n~: :::: : ::: : :::: ::::::::: : ~~ accounts and papers, open to inspection, etc .. _.. _..•. .. _. . . _... __ _. 37 bonds of ... _... ...•..•. __ •••. ... •.. ___ ... ___ .• __... . . •. •.• .. . 37 new trustees ....•..... ____ ...... . _... ... .... . ..... .. . ........ 37 amount may be increased ...... _. _. __ .. _. ___ . __ . • . _• • _. . . .. ... 37 filingof ... . __ . . •••••• .. . ... ..•.•.•.. .... .•..• .•. ...........•. 38 no liability .. ........ ... . .... .... ..... . ..... ... ... .. . . • . .... .. 38 railuretogive... ........ ...... ... .......... ..... .. . ..... . .... 38 ' ! DO personal liability for penalties of bankrupt, etc....... . ..•... 38 joint or sevE'lra.l... . ........... . . .. ............. .... . .. . . . . .... 38 suit8 upon, when brought.. .•. ..................... .... ....... 38 ~ ap~ce of : . ' .-' .. . '... . . '.' . . . . . .• . . . . • . . . . • • . . . . . .. . . . . . . • . . . •• . • .• 2'~ time of brlOgwg SUlt agamst. . . ..... ..• •. . . ... . .. ... . . . ... ....... . . 23 in settlin~partnership estate, appointment of...... . ............ .•...... 20 «uty .. ...... .. . .•... . ..... . ... . ............. .... ......... . .... ... 21 punishment of, by court8 of bankruptcy.. ... ... . . .. . . . .. . . . . . .. . • . . .... 17 DOt required to give bond on appeals . .... .. ........ . ....... .. . ... . . .. . . 30 may comprom ise controversies, etc... .. . .. . . .... .. . . . .. •.. ..... .. .. . .. 30 title to property vested in.... .. • .. . . ..... .•. . .. . . . . .. . . ........•.. .... 49 to convey title, etc.. .... . .. ... . ... . . . .. . . . ... . .. .. ... . . . . . ..... . . 49 payments to attorneys, reexamination on petition of ••.• •. . .• . ••• •• • •••. 43 United States Gburts (see Supreme Court of the United States ), district, etc., made courts of ban kruptcy . . . . . . . . . . . . . •. . . . . . . . . . . . • . .. . 17 jurisdiction of suits between trustee and adverse claimant... .... ... ..... 29 suits by t rustee, where brought ....... .• . .......... . .. .. . .. ........... 29 circuit court, concurrent jurisdiction with courts of bankruptcy . . _. ..... 29 jurisdiction of appellate, etc .. ... __ .... . ..... .... ...... ... . .. .... ...... 29 Venue, transfer of cases from one court of bankruptcy to another. . . .... . . . .... . 18 Voluntary BO'1lkrupt, wbomay become • . . ... ....•.. .. ...... .................. .. ....• ... . •• 20 Voting, at creditors' meetings. .. .... . ............... . . .. ... ... .. .. ... . ........ 39 bolders of secured claims not entitled.... ... ... . . ...... .. . . .....• . . 40 Wage·eartler, definition of ............... .. ..... .... . ............ . .... .'. . .......... 17 Wages, e~u·tled t 0 priorI · · tyo f paymen t :.... . .................. . .. . ... . ... .. ... 45 wIfe of banbupt may be examlDed........ ... .... ..... ..... ... ....... . 28 lVilnesse8, in bankruptcy proceedings,4refusing to testify, et\' . ... . . . .... . .. ...... .. 34 Words (see Definitions ). importing masculine gender •.......•. . •...•..........•• • •.• • _.. .. .. ... ]7 plural number...... . ... . ... . . ...... ... ... ....... .. . ... ....... ..... ]7 singular nUlnOOr ...........• . . . ....... . ....•.•....... •...... .•••• 17 Writ" oj Error, when allowed t-O review decisionH of bankruptcy cour~ . . .... .. .... . . .•. 29 GENERAL ORDERS • ••••• •••••••••• •• _ .• •••• • • •••• • _........ . .. .... ... ... .. . 51 Index to ............. . ....... . ... .. ........... .. ... . .. . .. . . .• .... .• _. 149 FORT~·i··oi··· · · ··· ····· · · ·········· ·········· ··· · · ···.. ..... ... ....... . 69 be . . .••• •.. ..•.•..•. .. . . .•..•......• .. . . .....•. . ....... ........ 153 ADDENDA. Order amending General Order No. 35...... ...... .. .. ... .......... ... ..... 155 Act of June 15. 1906 .. ..... ...... . • ..... .•... ... .... . .. . ... .... •..• •..• J 157 Aet of June 25, 1910 . .. . .. . ... ..... .. .... . .... .. . . .•••. •• ... .........• : .. : 159

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UNITED STATES BANKRUPTCY LAW. NOT£.-8ectiODS amended are inclosed in brackets [ ] , amendments and new sections are printed in italic.. [PUBLIo-No.l71 .] An' act to estabUsh Il uniform 8l8tem of ba.n krnl,te1 throughout , the Unt eel States. B. it enacted by 1M S enate and lIO'lI.e of R .pre,entativek of tM U"ited State. of America in Ormgre•• assembled, CHAPTER I. Banlr.nlptcy. DEFlNITIONS. Deflnltloos, Section 1. MEANING OF WORDS ANn PHRASES.-n Tbe words and phl1lJles used in this Act and in proceedi ng. punmo.nt hereto shall, unle1:Js the same be inconsistent witb - "A pe n o n the context, be construed as follows: (I) "A person againstR~~m~~b!O~~ whom a petition has been filed " shall lilclude a person who I~ ;~dj udl ca- has filed a voluntary petition; (2) "adj udication" shall tlon .'· menn the date of the ent,·y of "decree that the defendant, in a bankruptcy proceeding, is a bnnkrllpt, or if sucb decree is appealed from, then the date when such decree is finally ~.onfirmed; (3) "Ilppellate courts" shall includeoo;;;;::~"'"'" the circuit courts of appeals of the United States, t he supreme courts of the Territeries, and the Supreme Court of the United States; (-1) "hankrupt" .hall include It per- _ ....",'uo'." SOD against whom an involuntary petition or an npplica- tion to set!L composition aside or to revoke" discbarge has been filed, or who has filed a voluntary petition, or who has been adjudged a bankrupt; (5) "clerk " shall -"'1",." mean the clerk of II court of bankruptcy; (6) "corporn·ll;,;".~·.o rpor~. tiona" shall mean all bodies ha vi ng anv of the powc," and privileges of private corporations not pos.e8sed by indi - viduals or partnerships, and shall include limited or other partnership associations organized under laws making the capital subscriberl alone responsible for tbe dehts of the association; (7) "court" s ballmean the court of Lank· -"('ourt." ruptcy in which tbe proceedings .. re pending, and m"." include the l'eferee~ (8) "courts of bankruptcy " shull in- ba-;;k~Op't:;.~' o f clude the district courts of the United l:itates and of the 16

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16 UNITED STATES BANKRUPTOY LAW. Territories, the supreme court of the District of Columbial and the Uoited States court of the lodian Territory, ana , -",,..1110' ." of Alaska; (9) "creditor " shall include anyone who owns a demand or claim provable in bankruptcy, nnd may inclnde his duly authorized agent, attorney, or proxy; -"d." 01(10) " dnte of bankruptcy " or "time of bankruptcv " or ' d'lIlgs , " 0 1' "bnn IuUP' t c y, h'Wl'th ·'b.t,nkrupter." •. commencement 0 f bankrllptc)';" procee .t

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UNI7ED STATES BANKRUPTOY LAW. 17 other and different mode of dIsposing of or parting with prop.e~ty, or tbe possess.ion of property, absolutely or condItIOnally, as a payment p ledge, mortgage, gift, or security; (26) "trustee" shall include all ol the trustees _ .. ,,""...... of an estate; (27) "wage·earner" sball mean an individual ,;:;" w . .e-eam· who works for wages, salary, or bire, nt a rate of compen· . sation not exceeding one thousnnd fi",} hundred dol"'rs pel' 'vent" . ' '(98) J '' words . • importing the . lIlllsculine . gender rnay be cullne Words In IflIllJ- gender. applied to and Include corpomtions, partnerships, and women; (2!J) words importing the plural number may be PI;~~portlng. applied to and Dlean on ly n single person 0 1' thin~; (30) worus.• .Impol' t'mg t be slOgu . Ial' !lurn ber mny be npp Ie . d to alogulat. -'mpo'''n, . a.nd mean several persons 01' thmgs. CHAPTER 11. CREATION 01' COURTS 0 ." UANKRUPTCY AND THEIR JURIS- CourUlorb8.ok· f l,lPtcy . DICTION. Sec. 2. That the r.ourts of ooukruptcy as hereinbefore -u. S. ",,,riet defined, viz, the district courts of the United States inthe eou,u. severnl States, the supreme court of tho District of Colun ,· -- "DPd' em' bin., the district courts of the several Territories, and the court, .. United States courts in the Indian Territory and the Dis· -T,n, ...la' trict of AJaska, are bereby made courts of bankruptc>" and coul1,. are herelly invested, within their respective ter\'ltorial limits fi S now established or fiS they may be hereafter ~bauged, with such jurisdiction a.t law and in equity as JurildlctiOD. j will enable them to exercise original jurisdiction in bank· ruptcy proceedings, in vacation in chambers and during their respective termg, as they are now 01' may be here- after held, to (1) adjudge persons bankrupt who have had ..;-~o adjudge their principal place of business, resided, or had their n nlpt. domicile witbin their respective territorial jurisdictions for tbe preceding six months, or the greater portion thereof, or who do not have their principal place of business, reside, or have their domicile within t·be United States, hut have property within their jurisdictions, or who have been adjudged bankrupta by courts of competent jurisdic· tion without the United States, and have property within their jurisdictions; (2) aJlow claims, disallow claims, re- dl;;tlllowl~nd eonsider allowed or disallowed claims, and allow or dis- etc, ow C. ml, allow them against bankrupt estates; (3) appoint receivers -appoint ". or tbe marshals, upon ap:rlication of parties in interest, celvel1l. etc.. in case the courts shall fin it absolutely necassnry, for the preservation of estates, to take oharge of tbe propert.y of bankrupts after the filing of the petition and until it is di.· missed or the trustee is qualified; (l) arraign, try, and -,,;,:nd p"". punish bankrupts, officers, and other persons, and the ~~('~ ukrupt3, agents, officers, members of the holtI'd of directors 01' trustees, or oth~r similar controlling hodies, of eorpomlion. for yiolations of tbis Act, in IlCcoroltllCe with tb e laws of procedure of the United State; now in force, 01' such as may bo horeafter enacted, regulating trials for thc alleged 00 1j9°-1(}-2

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H! UNITED STATES BANKRUPTOY L.~W. violatioD of laws of the United States; [ (5) authorize the -10 p.,m"husiness temporarr trald- . . of bankrupts . to be conducted for limited periods 'f ' th action 0 bml· by reCeivers, the marshals, or trustees, 1 necessary lD e n",. best interests of the estates:] (?) A1JJ/uJ1'ize the bU8inI!$' of bankrupt. to be conducted for hmited pel'iod. by receiver., the mao'81w.1$, or trustees, ; f necl!$8ary in tl.. best interl!$ts of the estates, and allow .Ile7. officers additional eomp81lJJati"" for .Ile1. sl!l'Vices, out Mt at a (!Teater rate than in this Act - '" ,.,,"u,utcallowed to·wlee. for simiZIl" 8ervi

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UNI'rED STATES BANKRUPTCY LAW. 19 or removed, any part of bill propcrty with intent to binder delay, or defraud his creditors, or anv of them; or (2) transferred, wbile insolvent, any portion of his property to one or more of bis creditors with intent to prefer such creditors over his other creditors; or (3) suffer ed or per- mitted, whil e insolvent, any creditor to obtain" preference through legal proceedings, and not having at least /ive days before a sale or final disposition of any property affected by such preference ,·acated or discharged such preference; or [ (4) niade a general assignDlcnt for the benefit of his creditors;] or (4) m.ade a. llenera/ assillnment for the ben'lfit of Au creditor>, (Jr, beinll i""(Jive"t, applied f or fl receiver or trustee f ill" !.is In'O]Jerty tn· oee(tuse of in- 80~venClJ a receiver or trustee Ita.. been 111

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2U UNITED STATES BANKRUPTCY LAW. prior to the adjudication and pending a hca,:ing on the • I'e.ltlon" '0 petition, the petitioner or "pplicant sball file. In tbe SI\'."e .I.e boDd . court a bond witb at Jeast two good and sufficient . uretiCil who shall reside within the juriwiction of said court, to be approved by the court or ". j.udge thereof, in s uch sum as the court sball direct. condltlOned for tbe payment, m CI'SO sucb petition is dismissed, to tb e respondent, his or - lIablllt f lor her personal representatives. nil costs, expenses, and t' IC' , ()Ooj;t !l, damages occasioned by sucb seizure, taking, aDd dete ntion of tbe property of tbe alle.g'ed bankrupt. If such petition bo disul1s.ed h.v tbe court or withdraw n by the petitioner. the respondent or respondents ,hall be - ll.llowli llce t\!n.llowed all C08t-8~ counsel fees, expenses, and damages ,'()SIl!. (" tl".occasioned by such seizure, taking, or detention of su('h ('ounsel h:t8. property. Counsel fees. costs, c xpe nsp..,s, and damages t\:oo~o"I" IIxed shall be fixed and allowed by the court, nnd paid hy the obligors in such hondo Who .,.,. Ix-- Sec. 4. WHO MAY BECOM.>: BANKRUl'T .- "Any person co~,~o'::';~~~ta. who owes debts, except It corpomtion, shall be entitled to tho bone6t.. of .this Act as a "oluntary bankrupt. -hwolunfarr· [ b Any nutum} person, except a WfL

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UNITED STATES BANKRUPTCY LAW. 21 and of the administmtion of tho. partnel'ship "nd individual property. d T~o trustee shall keep scpamte nccounl.!< of tbe part- - , " ' " co', ner:;blp property and of tbe property 1!Clonging to the in. dol,. dlvldual partner '. o The oxpe.nse.s ~ball be paid fr.om tbe partnership prop· """'pen,," erty and the individual property III such proportions as the court shall dctermine. f The net rroceeds of the partner sbip property "ball be - ..,.m,u, lttend tbe fi""t meeting of his creditors, if directed by ",p.. _rn~1. the court or n judgo thereof to do so, and the bearing upon bis application for a discharge, if filed ; (2) comply with nlllawflll orders of tbe court; (3) examino the eorreclness of all proof. of claims fil ed against his estu te: (4) execute and deliver such pilper. n. shull bo ordered hy the COUl't; (5) execute to his trustee tI'ltnRfers of a\l his "l'Ope rt~' in foreign countries: (6) ill1mediately in fo rm his trustee of any attempt, by his creditor. or other pe rsons. to evade tbe prol' isions of tbi. Act, cominjf to h.s knowledge; (7) in case of .my person baving to hiS kno wl ed~e pl'O\'cd a false claim "gainst hi .. e tate, disclose that fud l,?lln~d,a tely to bis trustee; (8) prepare, mako oath to, and fil e III court within ten days, unless further time is grnn ted, after the

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22 UNITED STATES BANKRUPTOY LAW. adjudication, if an involuntary bankrupt, and -yith the petil,ion if a "oluntary bankrupt, n s(·bedul. of hI. prop· erty, sbowing: tbe amount and ~ind of. property~ the loca- tion thel'eof, Its money value III de,tail, and a hst of bls creditol's, showing their residences, If koown , If unknown, tbat fact to be tated, the amounts due eacb of tbem, the consideration ther eof, tbe secm'ity held by tbem, if any, and a claim for such exemptions a. be ruay be entitled to, nil in triplicate, one copy of each for tbe clerk, one for the referee, and one for the trnstee; and (9) when present at tbe first meeting of his et'editors, and at such otbel' times as tbe court sban order, suhmit to an examination concern- ing the conducting of his business, tbo cause of bis bank- ruptcy , bis dealings with his creditors and otber persons, tbe amonnt, kind, and whereabout:,,; of his property, and, in addition, all matte,·s whicb may atIect the administra- tion and settlement of his estate; but no testimony given by bim sho.ll be oft'ered in evidence against him in aoy c!'iminal proceeding. n 1\ II " r u p t. , P I'O'I.rided, IW?NfCl'1" That he shall not be required to attend when not. com- pelled to attend a meetmg . . t'Ion a t a of b'18 ere d'ltors, 0 1' at or f or an examloa meetlng. place 1l10re tban one bundred and fifty miles distant from _exltmlne bis home or principal plA-ce of business, or to examine , Ialw.. claims except when presonted to bim, unless ordered by tbe court, 01' " judge tbereof, for cause sbown, and the IU~=~m~t~ bankrupt shaH be paid hi)i actual expenses from the estate In,... wben examined or required to attend at any place otber I,ban tho city, town , 01' village of bis residence. UMtllorlnsan- Sec. 8. DEATH OR IN SANITY OF BANKRUPTS.-a The "~~o':"::.k::'J:.~e death 01' insanity of a bankrupt sball not abate tbe pro- proceedl.... ceedings, but tbe same sban be conducted and concluded Id I ill tbe same manner, so far as possible, as thougb he had tIed" toOWdo~:": not died 01' become insane: Prwided, That in case of death

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UNITED STATES BANKRUPTCY LAW. 23 ceedings in bankruptcy, issue a warrant to tbe marsbal, directing him to brin!\" such bankrupt fo rtbwith before the court for examinatIOn. If upon hearing tbe evidence of tbe parties it shall appear to tbe court or" judge tbereof tbat the allegations al'e trlle and tbat it is necessary, he sbull order ",wh mar"bal to keep sUl"ll bankrupt in custody " 'Y be '.pl not oxceedintJ" • I'? ten dl\.Y~ ~ , but not imprison •. him• '. until be d~r'. in cU!tod y etc. ten sball hcexanllncd aud released 0" give ball conditIOned for bis uppcn mlU.'C (a i' exntnination, from tinle t.o time, not excced mg in all ten dftys, as requil'ed by the court, and fOI' his ohedience to al\ lawful order, mllde in reference theretn. Sec. 10. E XTRADlTI OS" Ot-"" BA S KHUPTs.-a "rbe n(H'Cl' n. Extradition 01 warmnt for tbo apprehension of a bankrupt . hall have ..ukNp..... been i.sued, and he "hal\ have been found within tbe juris- diction of a court other than the one issuing the warra nt, be may he extmcli ted in the same manner in which per- SonS under indictment are now extradited frolll one district witbi" wbich a district court has jurisdiction to another. Sec. 11. SUITS BY AND AGA INST BANKRffi'TS. - tL A suit Suits b)' and which. is founded upon a claim fl'om which a dischal'l:re 0 fLgalnst bank· rupt1l. would be [\ release, and which is pending against a persoll at the time of the filing of a petition against bim, shall be stayed until after an adjudication or the dismissal of tbe -,,~y .un," petition; if such persoll is adjudged" bankrupt, sucb "'lud",&.on. action mlly be furth er stayed until tweh'e months after -furtber lltay. tbe date of such adjudication , or. if witbin that time such person applies for n discbarge, then until tbe question of such discharge is determined. b The cou rt may order the trtMtee to enter bis appear- r- ppeau,nce Unce nnd defend any I"!nding suit against tbe bankrupt. 0 "u..... c A. trustee may ' wIth tbe approval . of the court'\ be per- prior . -< omm e ~'ed to adjudt· mltted to prosecute as trustee any SUIt CODlmencea by tbe ".on. bankrupt prior to tbe adjudication, with like force and effect u" though it had been commenced by him. d ::iuits sball not be brougbt by or agaiDst a tl'ustee of a Tlme/orbrln8- hankl-upt estate subsequent to two years after tbe estate lIn.eu' ~ _.aln" ru.ttees. hll. been closed. Sec. 12. CoMPOSITIONS, WHEN UoNFIR1trED. -1\ A bank- Compositions. ,.. te rrn s 0f c ompo~ltlOn l'Upt may Oller . . to h' . ISered'to 1 rs a.fter , olfered. -wb.nma, .. but not before. be has been examined in open court or at .. meeting of his creditors and filed in court the schedule of hj. property and list of bis credito rs, required to be tiled hy bankrupts. b An application for the confirmntion of 3 composition (-aPPd lc~ tl o n may be filed in tbe court of bankruptey aftel', but noL 00- orcon "run•. fore. it bas been accepted in writing by a majority in number of all creditors wbose claims have been allowed, which number must represent a majority in amount of s1l('h claims, and tbe consideration to be paid by the bank- rupt to his crediton>, and tbe money necessary to pay nil debts whicb bave priority and the cost of tbe proc~ediDg• • have been deposited in .tlcL place as sball be designated by and subject to the order of tbe judge.

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24 UNITED STATES BANKRUPTCY LAW. --date. ele..••, C A date and pla.ce with reference to the convenience of • b .. ring. the parties in interes't, shall be fixed for the hearing upon . each application for the confirmation of a composition, aud such objections lIB may be made to its confirmation . -

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UNITED STATES BANKRUPTOY J,AW , 25 cre4i ,t.from any pcr8CJnU]Xm a materially fau.e statement in wnt.ng made to 8WJl, person for the pU11'()8e of obtaining ItIIeh property nn credit; ()'/' m at any tt1"" subsequent to the fi,'st ilay of the f our 1ItOntM immediatelty p receding the filing of the p etition tra'fl1Jferred, "81novea, destroyed, ()r cm.cllliled, (n' pe?'mitted to be ,'emO'lJed, d-estr0.1l. d, ()1' CO'I'- cealed any of !tis property with intent to /dnder, d,uIY, or defraud hUi creditorB; or (6) in volu nt((ry proceedings b..., granted a d,:scM,rrte in bmJ.Ttptcy witMn si", yea"8; 0'1' (6) in the cours. of tl", p''OCeddings in /xmkl'ltptcy rifWied to oi?ey any lawful ()rder qf ()1' to an,n081' any material qu,es- tWit apP"()Ved by tl", court. c The contirmation of a composition shall discharge the d,Con',m ulon bankrupt from hi~ debts, "ther t1mn those agreed to be d~~'~~"''' lrom paid by the terms of the composition Ilnd those not affected by a discharge, Sec. 16. DISCHARGES, WHEN REVOKED. -t\ The jllclge Dillc hargel, may , upon tho application of parties in interest wh o have when re\·uked. not been guilty of undue laches, tiled at any time wit.bin One year afte r a discharge shall h,tro been granted, revoke it upon 1\ trial if it sball he made to appear that it was obtained through the fraud of the bankrupt, and that the knowledge of tbe fraud ha. come to the petitioners since tbe grnnting of the discharge, and that the actual facts did not warrant the disohnrge. 8eo.16. Co-DEUTORS . 01' BANKRUPTS. -a The liability of eo-

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26 UNITED STATES BANKRUPTOY LAW. with the Mme Qf the credito'r if bUM!! 10 the bankrupt, . unla8 81tel, I:reditor had notice or actual knowle

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UNITED STATES BANKRUPTCY LAW. 27 e If on the last day witbin which 1>lcading" ilia" be Dee'.'o. who . "'. . 0 11 ng ,'ullllltar), hClU' t e peUtJOD an make the U JUdlcatlon or d1.S IIIIti.'S the petition. petiti.o ,~ . . If the jud~e .is ~bse llt. from th o ,d,is tri,ct., or u'd.': 'l'C III.:o.l or tbe dWlslon of tbe d,"tnct 1I1 whICh the petlt,on .s hIed j • . ILt the time of the filing, the clerk sball fortbwith rcfer tim· case to th~ refe!'ee. Sec. 19. JURY TRIALS. - n A ~r::;on a~inst whom nn in- Jur)" triab,. .. b \'0 Iuntary petltlOn as been . c shall Ii d . -pert'On "gIUn!!l entltlt'd to have wllom Involun· a t,dal by jury , in t'espeet to tho question of his insolnmcy, fli~, ~netf:l~~ n except o.s herein otberwisc l)I'odded, lind Itny net of bank- ruptcy alleged in such petItion to have heen committod, upon illin!\, a written "pplication therefor at or beforc the time witbIn whicb an answe!' may be filed. If such appli- ('ation is not filed within such time, a trial by jury sha1l -rlghl wfti vcd. be deemed to have oeen waived. b If a jury is not in attendance upon t.he court. ODe ma\, . Attendan('t! or . II Y summoned f be speCI&. or tl ' I h 10 trta, or t e case may be . lUry. d , . postponed, or, if the ense is pending in one of t he district courts witbin the jurisdiction of " circuit court of tbe United States, it may be certified for trial to tbe circuit court sitting at the same place, or by consent of parties wben sitting at any otber placo in the .ame district, if sucb circuit court has or is to have n. jury first in attend- ance. c The right to submit ma.tters iu controversy, or an tJ:18ipa:,~l:rl aUeged offense under this Act, to "jury "hall be deter· . mined and enjoyed), except as provided by this Act, accord· ing to the United ",tates laws now in force or sucb as may be bereafter enacted in relation to trials by jurr. Sec. 20. OATHS, AFFIRlIUTlONs.-a Oaths reqUIred by this .0 at h '. ' , by Ad, except upon hearings in court, may be administered ~r!J~ • m nu- by (1) referees; (2) officers authorized to administer oaths in proceedings before the courts of the United State., or under the laws of tbe State where the same a!'e to be taken; nod (3) diplomatic or consular officers of the United States in nny foreign country. b Any person conscientiously opposed to taking nn oath Am ... a.'."•. nJay, in lieu thereof, affirm. Any person who sball affirm fa lsely sball be punished as for tbe making of " fal se oRth. Sec. 21. EVlDENCE.- [ a A court of bankruptcy may, F."Mnee. upon app I!Catton t o~ cred'It or, IiYt~ Comp.''''Y''· · . 0 f any 0 fti err, bnn k l·.Up, ndanceo f 14'11- order require any designated person, mcludll1g the bank- ne.M. rupt, who is a competent witness under the laws of the

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28 UNITED STATES BANKRUPTCY LAW. S tate in which the proceeding-s are pending, to appear in court or before a referee or the judge of any State court, to he examined concerning the acts, conduct, or property of 1\ bankrupt whoso est·a te is in procesq of administration nnder tbis Act.] {(, .t1 f'O(lrt oj'Oltllk'l"tpt('t( ma.y, 'Itpqn (tppU~ati(jn of {f'' !Y '~tficel', b(l1Ikrlll)t, ()1' , cr edlfo'l', !r.tf order '1'(Jfl1.l~'1'e ~ny aes'lg- lIatal))r:n:l()I~~ ulclutil:ng th.e banl'1"IJ)t rmd h't8 'w"ij'e, to ap· pea,. 111 ,·""rt or 0,j"01"' a ,·efe> ·," o·r th e j,"Zfle of any State (.'(mrt, to lIe exami1/t!rl c011.cern ·£nl/ t/UJ n cts, t..vmd'ltct, or PJ'QjJ- r1:ty of a l)l(ul,'t',!,pt wI/use &1ta~(J 'iiol in p,l'OCeS8 oj' a,dmi nisl!ra- lion wider tlu_ A ct : PrO'lllded, l/ud t //6 wife may be 1,a,'nmi1I(xl fin IV toue/dug busilleli8 trallsacted by Iter or to Iv/,icA ,he ,. !l pa,·ty, and to detl'l7nine t',e fa ct ll.';,etlwr xli !! has tl'lIl1l'l(u:ted m' bl!()n (1. party to (my bus1:neSlt (if t li.8 bankrupt. Ilcpo ~ ili(\II!1. b The rig ht to take depositions in proceedings under Inwl' tto\·.mlilll{. this Act ~hnll he detE'rmined and enjoyed nccordillg' to the Uni ted Stnte8 law::; now in force, or sitch as may be here- uftel' cOlldcd l'~latin g to th e biking of depositions. except :1$ he re in prodded. -no l ic.Ctl(tnk· C Notice of thn t..'l.king of de~~itjons shall be tiled with 1111;. tho referee ill every ('a SC. \"hen depositions ar c to be t"ken in oppo, ition to the al lowance of " claim notico shall 1\.)80 uc served upon the c1nilllnn~, and when in opposition to n discharge notite shall also ho serl'ed upon the ban k l"lIPt. ccrlwcdc0F.le:o- d Ccrti.ticd copies of proceedin gs before a referee, or ot ~~il.~~~~ed ng.~ papers, when is..·;ued by the c1crk 01' refereE' , tthull be admit- ted ,~. c \"idence with like for te "nd effect ru; certified copips of the re

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UNITED STATES UANKR UI'TO Y LA W. if the convenience of parties in interest will 1.00 sClTed the~eb.v, 0 1' for cnuse, or if the bankrupt does not do lousiness, reside, or hal'e hi. domicil e in tbe district. b The judge UULV , at llny time, for the convenience of Tnn"r cr rof parties 01' for cause, tllln~fer n case from ODe referee to ~~;g~. dilTcrcnt another. Sec. 23. J URISDICTION 01" UNITED STATF~ AND STATF. JurlfldlctiQn or CouRTs.- n The United Slnte~ circuit co urt~ 8ball bn\'e~n'dIJt~1o!:ir~ jurisdiction of 0.11 controversies at law and in eq uity as -drtU!Ll'OUruL distinguished from pl'oceed ings in bankruptcy, he tw~cn tl'lIsteCM 8.l:I :$uch and ndvol'se claimants eOllccrni ng tbe property acquil'ed 0\" c1ainwd by tho trustees, in the "allIe man nernnd to tbe same extent on ly IlS tbough bankruptcy proceeding" bad not been institu ted a nd such cont rover- sies 11IId been between the bankrupts ami slIch adverse -cuted 10 t Ie courts where the bankrupt, whose estnte Is bfOU,l\'bt. I.oeing administel-ed by sucb tm.tee, mig ht have brought r prosecuted them if proceedings in ban k ruptcy bad not been instituted, unless by consent of the proposed defend- ant.] b Suits by th e trustee sltall only be b"oltght O1'J"'()i;"'ltted ill til" courlll ,o" ere tIt. bankrupt, who.e ..tate ':8 being adminutered by BliCh t,>,,.,tee, might lta"e b"ought "'. prose- cuted them ifproceedings in b(tnkrltptcy had not been hlRti- I.,ted, "nle8s by consent of the proposed defendant, except ""its f()1' tlte recovery; ofl'ropm·ty ",u/er 8ootion .i,dy, , ..h- division b, and 8ectwn 81.xtY-ISe'Vett, su.hdivi8ion e, cThe United States circuit courts shall have COn CUI'1'cnt ~neurrt:-nt.ju. . 'sd'tetion with Juri tIe courts of i bankruptcy, ' Wit b'10 t bcir CUi rbd etlon In elr- t courts aDd · t 'to' II respect I ve errl r18. Iml ,0' 'ts f tb If eO enses enulDcrat ed ' cou ..... of bAn' - In rupley. this A ct. Sec. 24, ,JURISDIctION 010' ApPELLATE CoU-RT8.-a Tbeco~Jl;~A!J1('~ Supreme Court of tbe United States, the circuit cOllrtsof "onoi. appeals of tbe United States, and tbe supreme courts of the Territories, in vacation in cbambers and during their respectil·e terms, as now or as tbey may I.oe hereafter held, are hereby invested witb appellate jurisdiction of contro- versies arising in bankruptcy proceedings from the courts f bllnkruptcy from which they have appellate jurisdic- - ••peab from tio" in other co.aes. Tbe Supreme Cou rt of the Unitedl'Ollrt8 not In or- S taoos s ba II excrCl.se a. I'k'J e JUI'}'sd'ICt'Ion f rom COUfIs 0 f,"fud cl"ull.. and In Dl8tri('lof bankruptcy not within an I' orgsnized circuitof the United COlumb"_ Ststes and from the supreme court of the District of Columbia. · b Tb e severa I ell'cUit· cour ts 0 f appea I 8I1R II Ilave JU ..1.,110""" " I'lS -ei ,rcult oourt •. ur, diction in equity. ci t·her interlocutol'Y or finnl\ to ~mperin - appeal•. tend and revise in matter of la w the proceePF.ALSAND ~ RITSO" ERRoR.-IlThatuppeals, Appeal•. as in equity cases, may be taken ill bankruptcy proceedings

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30 UNITED STATES BANKRUPTOY L"W, from tbe court.~ of bankruptcy to the circuit conrt of ap- peals of tbe United States, and to the supreme conrt ~f tfie - when I••• ", Ten 'itories, in the following cases, to WIt, (1) from a J udg- ment adjudging or refusing to adjudge the defendant a bankrupt; (2) from a judgment gmntinll' 01' denying a dis- charge; and (3) from a judgment allowlDg or rejecting a -I. be within debt 0 1' claim of fivo hundred dollars or over, Such aI" IO~~:"n., peal shall be taken within ten days nfter the judgment "ppealed from has been rendered, and may be heard and determincd by tbe appellate court in term 0 1' vacation, as the case mal' be, A. pe.l to U, S, b From ailY final decision of " tOllrt of appeals, allowing Supr('meCourt. or rejecting n. claim under this Act, an appea l may be had under sucb rules and within such time as may be prescribed by the Supreme Court of the United States, in tbe follow- ing cases and no other: - w b 1. Where the Rmou nt in controversy exceeds the sum ere ~o"nl ex""'" of two t h. ousan d d0 IIn,1':3, un d tbe ques ti" 00 lDVO I vc d'I S o oe 12,000, el\'. which might b",'e been taken on appeal 01' writ of error from the bigbest court of a State to the Supreme Cou rt of the U oitea States; or -wh", qu,," 2, Where some .Justice of tbe Sunreme Court of tbe "on " ...." .. Supreme Cou;t ' d S to. t.es s ba II certl'fy t ba t· III b,' U mte ' bl'IS opuuon " tb e de ter -- JUitice, ruination of the question or question8 involved in the allow- noce 01' rejection of such claim is essential to n. uniform construction of tbis Act tbroughout the Un ited States, -~lJtecfl not C Trustees shall not be l'equired to give bond when they take appeals or sue out writs of error. 1ogll'ebond. 10~:~!~~~g~ d COntroversies may t e certified to the Supreme Court br roUN,. of tbe Uoited States from otbercourts of the Uoited States, and the fonne r court may exercise jurisdiction thereof and issue writs of ce rtiorari pm'. uant to the provisions of the U oited States laws now in force or sucb as may be here"fter enacted, Arblt.ra tion of Sec. 26. ARBITRATION O}~ CoNTROVERSIEs. - a The tl'ustee oo~~~';:;:etlmny may ~ pur~;uant to the direction of th e court, submit to mbwit to. nrbitratioD any controversy ari~i ng in the settlement of the estate, Sel('CtionorlU'- b Three al'bitrators shan be chosen by mutual consent, b","1 ..., or one by the trllstee, one by the other purty to the con- troversy , aod tbe third by tbe two so cbosen, or if they filii to ngree in 6\'0 d~y s after their appointment the court . hall appoint tbe third "rbitmlol', Fllldlngso'nr· C The written finding of tbe arbitrators. 0 1' a majority bltl'At(Jl'lI. of them. as to the issues presented, may be tiled in court "nd shaHln",c like fO"te and effect ns the verdict of a jury, (.:U DlprQwl8e Sec, 27. CoMPROMI8Jo:s.- a The tl'lltitee may, with the ap- tly I l'I.ISte~. proYfll of th o court, cOlllpromi Me any contro ve r~y a rising In tbe administratiolt of the estate upon such terms as be may deem for the best interests of tbe estate, ~llCnatlon of Sec. 28. DRSIONATI ON O.~ N';WSl'AI·t:Rs. - a Courts of lle ....."flll 'len! ,1ubUllh I1nth..'i.'!!. to ·, k I II' d d' ~nn · rup~c.~ s m . uy Ot' e~ , ef:ilgn~lte .Il. Il ~ w spape l' pub- hshed wlth~n th ~ II' respectlvo terl'ltol'm!

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UNITED STATES BANKR UPTCY LAW. 31 of hi~ property i~ situated, in wbich notices required to be p~bhsbed by th~s Act ~nd orders wbicb tbe court may ~lrect to ~e pubbshed shnll be in.erted. A"l' court may !n a partlCu.la r case, for th,: ~n venie nce of parties in IOterest, deSIgnate some addItIonal newsplL\,

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32 UNITED STATES BANKRUPl'OY LAW , ILIcluded sball be the next dav thereafter which is not a unday or a legal holiday, ' ,, ' Tra.nllf c r 01 Sec. 32. TRANsFERoFUAsES. -a ln the ev"ent petItions are ~~~~ i~ ~Yf: filed fl21Linst the same pet'son, or against different members .. ferentcourte. of (\ p;rtncl'ship, in different courts of bankruptcy each of i wbich has jurisdiction, tbe case. sban be tronsferred! by order of the courts r elinquishing jurisdiction, to ana be consolidated by the one of such courts ,which can pr?ce~ with tho ~U111O for tbo grcatest coO\'eOlence of parties 10 iutare t. CHAPTER V, Oftlcet'lli. OFFJOE llS. 'THEIR OUTfES ANI) COMPENS--\TION. Otlices of reI· Sec. 33 . . CREATION O}O~ Two OJo'FTCES.-a The offices of ~:ee:t~~ tmjJIC'C r eferee and trustee nre bereby created. ~eferees. pomtmenl, Cic. tip· Sec. 34 . ApPOINTMt~NT , RE~roVAL , AND DYSTRICTS .• h OF R EFEREES.-n Courts of bankruptcy shall , wltlun t e ter- r itoriallimi t. of which thoy respectively hnve jurisdiction, (1) "ppoint r Aferees, cacb for a term of two ycars, nnd may, in their discretion, remove them because their 8en "- -d~gn.ttoll ices are not needed 01' for other cause; a.nd (2) desirrnn.te, ~r.("ne'" n.n df l'om time ' ' c change, t I10 I"Imlts 0 f tb~' to tnn e UJSt?ts rIC 0 f referees, so that each county, where the services of a ref- orce are needed, may constitute at least one district. tl- Qu • Ii (l Cft- Sec. 36. QUALU'lOATIONS OF Ih::FEREEs.--9. Individuals 0"" . b,,11 not be eligible to appointment ns r eferee. unl ess they are respectively (1) competent to perform tbe duties of tbat office; (2) not holding any office of profit or emolu, ment under tho laws of tbe United Stntes or of any Statc other than commissioners of deeds, justices of the peace, masters in chancery, or notaries publio; (3) not related by consunguinity or affinity, within the third de~ree 118 deter- mined b7 the common law, to any of the Judges of tho courts a bankruptcy or circuit courts of tbe United States, or of the justir.es or judges of the appellate courts of the districts \Vhe rei~ they may, be appoint

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UNITED STATES BANKRUPTOY LAW. 88 !,nd for requiring the production of documents in proceed- lOgS ~efore them, except ~he powe, of co!!,mitment; .(3) .'';;;~~~ ~,.";'; exerCise the powers of tbe 1udge for the taklOg possessIOn prope"Y . • 'c. and releasing of the property of the bankrupt lD the event of the lil.uance by the clerk of a certificate showing the absence of RJ'udge from the judicial district, or tbe divi- s ion of the istrict, or his sickness, or inability to act; (4) perform such part of tho duties, except as to questions -pedo,.. c". arising out of the applications of bankrupts for composi-", I ",_ d.uI;.~' . twns or d'l SCharges, as are l)y t h'IS A ct conferred on courts courta. 0 ~n ",p~y of bankruptcy and as shull be prescribed by l'ules or Ol'del'S of tho courts of bankl'Uptcy of their respective districts, except as herein otberwise prov ided; and (5) upon the sp- -'aulho"" plication of tbe trustee during the e xamination of tbe:::,~::~1netrs. Of ballkrupts, or other proceedings, authorize the employ- ment of stenographers at the expense of the estates at Ii compensation not to exceed ten cents per folio for report- ing and transcribing the proceed ings. Sec. 39. DUTIES 0>' REFEREEs.-a Referees shall (1) R.,.,..,' du- dcdo.ro dividends nnd prepare and deliver to trustees divi- tI~eclare divl. dend ilheets sbowing the di vidends declared and to whom d.nd,. payable ; (2) examine all schedu les of property and lists of _. '" min. creditors filed by bankrupts and caUde such 'IS are incoUl- ..bedu1.., .... plete or defective to be amended; (3) furnish such infor- "':'uml'hlnrO" mation concerning the estate~ injrocess of administration mallon, e.tc. before them as may be requeste by the parties in inter- est·, (oi) give notices to creditors ~".nol;C". , h as her ' em provided' h ' (5) -prepare feu· make up records embodYing t e eVidence, or t e sub- ords, etc. stance thereof. as agreed upon by the parties in all con- tested matters arising before them, whenever req uested to do so by either of the parties thereto, together with their findings therein , and tl'8nsmit them to the judges; (6) pre- -P" p". I'"re and file the schedules of prC'pertyand lists of cred- ",b.dnl", "c. ltors r equired to be tiled by the uankrupts, 01' cause the same to be done. when the bankrupts fail. refuse. or neg- lect to do so; (7) safely keep, perfect, and t ransmit to tlie -p,....,.. " .. clerks the records, herei n required to be kept by them, ont., " c. when the cases Qre concluded; (8) transmit to the clerks pers - ',,""mit ..· to clerlcJ, sucb papers as may be on iiI e before t Il em WI1enever tI10 etc, sarno (11'0 needed in any proceedings in courts, and in like manner secure tho retu.rll of such papers after they have been used, or, if it be impracticable to trallsmit the orif(i - ual papers, tmllsmit ce rtified copies thereof by mail ; (9) upon ap~lication of any partv in intercst, preserve the -p,..."'",,. eY 'd I coco to. en or t he subst..'l. nce' tb ereo f as agree d upon dence, etc. by tbe parties befol'e them when a stenographer is not in attendance; and (10) whenever their respective offi ces nre -obt a i n pa- . t he same crtle:; 10 . . or to wn S WIlere th c COUI' t S 0 fitnn- k pe",, · ,· · ruptc," convene, call upon nnd receive frolll the clerks all papers tiled in courts of bankruptcy whICh have heen re- fen 'cd to them. b lteferees sball not (1) net in eases in wbich they areln~~..'3. aCl If directly or indirectl y int~ rested; (2) practIce aij IIttor.neys and counselOl's at law In any bankl'Uptcy proceedlOgs; 60119°-10-3

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34 UNITED STATES BANKRUPTOY LAW. or (3) purchase, directly or indirectly, any property of (1n esmte in bankruptcy. ,Co"' .....".. Sec. 40. CoMPENSATION OF REFEREE8.-£a Referees shan o re(ereel. receive 8Sfull compensation for their services, payable after they are ren~ered, a fee ~f.ten ?ollars ~epo.ited with the clerk at the tnne the petition IS filed In eacb case, except wben a fee is not required from a volunmry bank- rupt, Ilnd from esmtes wbich have been administered before them ODe per centum commissions on sums to be paid ns (lividends and commi.sioDs, or one balf of one per centum on tbe amount to be paid to creditors upon the confirmation of a composition.] a R eferees s/uUl receive as full compensation for their services, payable after they are ,·."d(J7·ed, a fee offifte"n dollars deposited witr. the clerk at the time tlte petitim, is filed in each case, except wltm a fee i8 not "CfJuired frmn a vol1t71tary bankrupt, and twenty- five emts f07' every )I'oof nf claim filed for allnwance, to be paidfrmn tile 68tole, ij' a11!1, as a po.rt of the cost of adnnin- tlltration, and fr07n estates wl.ich have been administered before them one per emt"7/! commi88io"s on all fn07Uf1JS dis· bursed to cred ito'rs by t/, e trWJtee, or one-haif of one per centum 071 tlte a.mount to be paid to creditors "pon tlte con- firma.lion oj' ", comp()8it~·Ol1 . f~~De~:~~ b Wbenever 1L case iii transferred from one referee to ."'... anotber tbe judge sball determine tbe proportion in wbich tbe fee and commissions tberefor shall be divided between t.he referees. .. rn-;::e~r; ~frr. C In the event of the reference of n. case being revoked • . before it is concluded, and when tbe case is especially referred, the judge sbull determine wbat part of the fee and commissions sbull be paid to tbe referee. ro~~:fe~l!. be· Sec, 41, CoNTEMPT'S DEFORE REFEHEES, - n A person sball not, in proceedings before a referee, (1) disobey or resist any lawful order, process, 01' writ; (2) misbehave during" hearing or so ncar the place thereof as to obstruct the same; (3) neglect to produce, after having been ordered to do so, any pertinent document; or (4) refuse to appear after having heen subpoonaed, or, upon appearing, refuse to mke tbe oatb as II witness, or, after finving taken the no'ihr~~ui~~ oath, refuse to he examined according to law: P)'{Yt)ided, aU,.d. Tbat no person shall be required to attend as a witness before a l'eferee ot 1\ place outside of tbe State of his resi- dence, and more than one hundred miles from sucb place of residence, and onl'y in case his lawful mileage and feo for one day's attendance shall be first paid or tendered to him, "O;:;?~~P' P'" b The referee shall certify the facts to tbe judlte, if any person s hall do any of the thin~s for hidd. n in thiS section. Tbe judge sball therenpon, in II summary manner hear the -pen. It)', evidence as to the ncts complained o f, llnd, if it is such us to warrant him in so doing-\ pllnil'ih !:'Iuch person in the same ':'lRnner and to the same extent as for n contempt commItted befol'o the ~ourt of h"nkruptcy, or commit such P CI'SO I1 upon the same conditiun. os if the doing of

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UNITED STATES BANKRUPTOY LAW. 36 tbe forbidden a.ct bad occurred with reference to the process of, or in the presence of, tbe court. Bec. 42. RECORDS OF REFEREES.-a The records of all Reeonl. 01 ,d· proceedings in eacb case before a referee shall be kept as ere~ a. De, .. nearl:)' as m!'y be in .the. sa".'e manner as records are now·"P,n•. kept lD eqUIty cases III CIrcUIt courts of tbe United States. . b A record of the proceedings in each case shall be kept lD a separate book or books, and shall, together with the papers on tile, constitute tbe records of the case. c The book or books containing a "ecord of the proceed- ings shall, wben the case is concluded before the referee, be certified to by him, and, together with snch papers as are on file before bim , be trun.mitted to the court of bank- ruptcy and shall there remain as a part of tbe records of the court. Bee. 43. REFEREE'S ABSENOE OR DIBABILITY.-a When- R.,.....· ... ever the office of a referee is vacant, or its occupant is~)~ee or dlsatJI' absent or disqualified to nct, the judge may a.ct, or may appoint snother referee, or another referee holdin'! an -flUt"g.~ appointment under the same court may, by order 0 tbe ..noy. judge, temporarily fill the vacancy. Soc. 44. ApPOINTMENT 0" TRUBTEEs.-a Tbe creditors T""..... of a bankrupt estate sball, at tbeir first meeting after tbe adjudication or after a vacancy has occurred j n the office of trustee, or after an estate bas been reopened, or after a composition has been set aside or a dischargc revoked, or if tbere is a vacancy in the office of trustee, appoint one -a p p 01. 1- trustee or three trustees of such estate. If the creditor. menl. do not appoint a trustee or trustees as here;n provided, the court shall do so. Sec. 4~. QUALIFICATIONS OF TaUSTEEs.-a Trustees may tf~uaJlUn. be (1) individuals wbo are respectivelr competent to per form the duties of tbat office, and reSide or have an office in tbe judicial district within wbich tbey are appointed, or (2) corporations autborized by their charters or by law to a.ct in such capacity and having an office in the judicial district witbin wbich tbey are appointed. Bee. 48. DEATH OR RE"OVALOFTRuSTEES.-n Tbedeath m~,.tb 0 ' .... or removal of a trustee shall not abate any suit or proceed ~ ......i...01 I. ing whicb he is prosecuting or defending at the time of abote, ..,. bis death or removal, but tbe same may be proceeded with or defended by his joint trustee or successor in tbe same manner as thougb the same had been commenced or was being defended by sucb joint trustee alone or by such successor. s... 47. DUTIES OF TRUBTEEB.-o. Trustees shall respec- -dUll.. . ped. tively (1) account for and pay over to the estates undcr their ned. control all interest received by tbem upon property of sucb estates: (2) collect and reduce to money tbe prol'~rty ~f the estates for which tbey are trustees, under tbe dIrection of the court, and close up tbe estate us expeditiously as iscom- patible with the best intere.1s of tbe parties in interest; (3) deposit all money received by them 10 one of the desig- nated depositories; (4) disburse money only by cbeck or

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36 UNITED STATES BANKBUl'TOY LA. W. draft on the despositories in which it bas been deposited; (5) furnish sucb Information concerning the estates of whicb they are trustees and tbeir administration as may be re- quested by parties in interest; (6) keep regular accounts .bowing nil amounts received and from wbat .011rces and all amounts expended nnd on wbat accounts; (7) lay before tbe final meeting of tbo creditor. detailed stntements of tbe administration of tbe estates; (8) make final reports and fil e final accounts with tbe courts fifteen days before the day s fixed for tbe final meetings of the creditors; (9) pay dividends within ten days after they are declared by the refer~e8; (10) report to the courts, in writing, the condi- tion of the estates and tbe amounts of money on hand, and Buch otber details Ill! may be required by the courts, within the first month after their appointment and every two montbs thereafter, l1nless othenriseordered hy tbecourts; and (11) set apart the .bankrupt" exemptions and report tbe items and estimated value thereof to the court as soon as practicable "fter their appointment. ~Dcurren ce b Whenever three tl'l1 stees have been nppointed for an ~~w~~~~ estnte, the concurrence o.f nt least two of them s hall be nee- eSBury to tbe validity of their every act concerning the administration of the estate. c The trustee sllUU, ,.ithin t.~irty days after t M adjudi- catioll, fil. a cm·tifled copy of the decree of adittdicotum. i n the offico wllere Cfln'1Je!1Q1We q./ real estate a1'e Tt?lWdsd in Q every caunty where the banX,-upt 01011' ...al elIlate ...ot _"'pt from cucIltum, and pay the f ee fOl' 'tIlch jiling, and he shail receime a compensa.tu>n Qf.fifty cents for each capy so filed, which, together ,alt!. the jili;.g fee, _haU be paid out of tM e8tate of the IJanlmtl't a. a pm·t of tM cost8 and disbursmnm.ts of til. p'l'oceedillqs. T' ... ' ...•

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UNITED STATES BANKRUl'TOY LAW. 87 dollars, IJHId on. per centum on moneys in =eBB of ten tMII- sand dollars. And in cas. of the con,]\:rmation of a corny- si!ion after tl•• trtlfltee has qu.aliJied'the court may allow h,m, as COlftpen8ati1Jn, 'Mt to eiceed one-hal{ of one per centum.o/ the amount to be paid the crod,tors on such oompo81-t.on. b In the event of an estate being administered by three . 8~\U --PP.'''.I> t l'UStees 1D , - -~ 0 f one trustee or by successIve . trustees, ment more tbanwhe Olle.r e the court shall apportion the fees and commissions between them a.ccording to the services actwdly rendered, so that there shall not be paid to trustees for the administering of any estate a greater amount than one tr""tee would be entitled to. c The eourt may, in its discretion, withhold all compen- -"I"'h.ldl.,. sation from any trustee who has been removed for caose . •,. Sec. 49. ACCOUNTS AND PAPERS OF TRUSTEEs.- a The """""" ••. """oonts and papers of trustees shall he open to the in. ~~" 'Dd ... opection of officers tmd all parties in interest. Sec. 50. BoNDS OF REFEREES AND TRuSTEES.-a Ref· Bond• •' .... erees, before assuming the duties of their offi ces, and ...... within such time as the distt'ict courts of the United States having jurisdiction shall prescribe, shall respec- tively qualify by entering into bood to the United States in such sum as shall be fixed by such courts, not to exceed five thousand dollars, witb such sureties as shan be ap- proved by such courts, conditioned for the faithful per- formance of their official duties. b Trustees, before entering upon the performance of -1 """_ their official duties, and within ten days after their ap· pointment, or within such further time, not to exceed five days, as the court may permH, shall respectively qualify bv entering into bond to the United States, witll such sureties as shall be approved by tbe courts, conditioned for tbe faithful performance of their official duties. c The creditor. of a bankrupt estate, at their first mcet· -1 De" ,,- ing after the adjudication, or after a vacaocy has occurred ...· .... in the office of trustee, or after an estate has been reo opened, or after a composition has been set aside or a dis- cnarge revokerl, if tbere is a vacancy in the office of trustee, shall flx the amount of the bond of the trustee; they mfty nt any time incl'ense the amount of the bond. ~oun~ may If the creditors do not fix tbe alDollnt of the bond of tbe ............. trustee as berein provided the court shall do so. d The court shall require · evidence as to tbe actual value eny. 8ure',', . - valu • . of th e proper t.y 0 f . 1I reti e8. e There shan be at least two sureties upon eacb bood. ..:;:,''''. n..... f The actual value of the property of the sureties, over -...... .1 and above their liabilities and exemptions, on each bond pro..rt,. shall equal at least the amount o( 8uch bond. g Corporations organized fol' the gur!::se of becoming - .......110... . u~n bon ds, or authOfLZe Bureties . d y aw to d0 so, may ma' .... be accepted as sureties upon the bonds of referees and trustees whenever the courts are satisfied that the rights of all parties in interest will be thereby amply protected.

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88 IINlTED STATES BANKRUPTCY LAW. r III A, 0I h Bonds of referees, trustees, and designated depositories , ........ shall be filed of record in the office of the clerk of the court and may be sued upon in the name of the United States for the use of any person injured by a breach of their conditions. Bond. \rume', i Trustees shall not be liable, personally or on their UabUl.,.. bonds to the United States, for any penalties or forfei- tures Incurred by the bankrupta under this Act, of who.e estates they are respectively trustees. -jolA< j Joint trustees may give joint or several bonds. -1.11.,. \0 k If any referee or trustee shall fail to give bond, as g;,~,~-'" ". herein provided and within the time limited, he shall be deemed to have declined his appointment, and sucb failure shall create a vacancy in his office . .... 1. . . pon I Suits upon referees' bonds shall not be brought subse- ..f .....•• • quent to two years after the alleged breach of the bond. -1100' .... f_. pared for persons other than officers; (2) collect the fees of the clerk, referee , and trustee in eacb case instituted before filing the petition, except the petition of a proposed voluntary bankrupt which is accompanied by an affidavit stating that the petitioner is without, and can not obtain, -d.II.upapen the money with which to pay such fees ; (3) deliver to the ., ..Ie.... .... referees upon application all papers which may be r eferred to them, or, if the offices of such referees are not in the asme cities or towns as the offices of such clerks, transmit such papers by mail, and in like manner return papers which were received from _uch referees after they have been used; (4) and within ten days after eath case has been - .., ..r..... closed pay to the referee, if the case was referred, the fee collected for him, and to the trustee the fee collected for him at the time of filing the petition. of~:~uo. Sec. 52. CoMPENSATION OF C loERKS AND MAnsIlALS.- . .. Clerks shall respectively racei ve 8S full compensation for their service to each estate, a filing fee of ten dollars, ex- cept when a fee is not required from a voluntary bankrupt. ~r m."b.l. b Marshals shall resl""'tively r eceive from the estate where an adjudicat.ion 10 bankruptcy is made, except as herein otherwise provided, for the performance of their services in proceedings in bankruptcy, the same fees, and account for them in the same way, as they are entitled to receive for the performance of the same or similar services in other cases m accordance with laws DOW in force~ or such as may be hereafter enacted, fixing the compensation of marshals. ~~=~:~: Sec. 53. DUTIES OF ATTORN-Ey-GENERAL.-a. The n.. U,. Attorney-General shall annually lay before Congress sta- tistiesl tables showing for the whole country, and by States the number of cases during the year of voluntary and

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UNITED STATES BANKRUPTOY LAW. 89 involuntary bankruptcy; the amount of tbe propert'yof tb

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40 UNITED STATES BANKRUPTOY LAW. meetings by It majority vote ' in number and amount of olaims of al) creditor. wbose claims bave been allowed and are I'resent, except as berein otberwise provided. -holdeno' ..· b Creditors bolding claims wbich are secured or bave curedc!lalms,no' entiUed, etc. . priority . shall ~ ot, In respect to BUC b CI· 81ms, be eotlt . Ied to vote at credi tors'meetings, nor sball sucb claims be counted in computing either the number of creditors or the amount of their claims, unless tbe amounts of such claims exceed tbe values of sucb securities or priorities, and tben only f01" sllch excess. ~rof:~ Sec. 57. PROOF AND ALLOWANCE OF CLA.1M8.-fi Proof oo~t.w I. of claims shall consist of a statement unde r oath, in writ- ing, si~n ed by a creditor setting fortb tbe claim, tbe con.- sideratlon tberefor, and wbetber any, and, if so wbat, securities "re held therefor, and wbetber any, anel, if so wbat, JlILymenls have been made tbereon, and that the sum claimed is justly owing froon tbe bankrupt to the creditor. ed-:~~n :0:ri't b Whenever 8. c1aim is found ed upon no instrument of '0(. writing, sucb instrument, unless lost or destroyed, shall be fi led witb the proof of claim. If such instrument is lost ",. deBtr0'led, !L statement of such fact and of the cir- cumstance. 0 sucb loss or destruction shall he tiled under oath witb tbe claim. After tbe claim is allowed or dis- allowed, sucb instrument may be witbdrawn by permis- sion of tbe (·ourt, upon leaving a copy thereof on file with. tbe claim. m;;~r:ved. C Cla.jms after being proved may, for tho purpose of . allowance, be fi led by tbe claimants in the court where tbe proceedings are pending or before the referee if tbe case has been referred. -allo ... cl.a1ml, etc.nceo' d Claims wbicb bave been duly proved shall be sHowed , upon receipt by or upon presentation to tbe court, unless objection to tbei r allowance sball be made by parti"" in interest, or tbeir consideration b. continued lor cause by the court upon its own motion. cu~ I:r!d1~~: ~ Ulaims of secul'ed creditors and those who have pri- etc. or.ty may be allowed to enable such creditors to p:.rtici- pate in tho proceedings at creditors' meetings beld prior to the determination of tbe value of tbeir securitIes or prioriti"", but sball ho allowed for such sums only as to the COUl'ts seem to be owing ovor and above tbe value of , their secllrities or priorities. ,~':ij~tJ::.r· f Ohjections to claims shall be heard and determined as soon as tbe convenience of tho court and the best interests of the estates and the olaimant. will permit. c1~":'~!"" d [ g l'ho claims of creditors who bave received prefer- ences . hall not be allowed un less sucb creditors shan 8ur- rende,. tbeir preferences.] g Tit_ ela''''8 of creditors w/w /Iave received prefere,,~s voidable /I.nder IWCtion. siz ty, subdivision b, OT to Iln/lom con~ Vtfya71 C1J8 , trmtifers, assignments, or inc:umhrance8 'VOid or voidabt. antler section .iztY-8eVen, 8ubdiv;';

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UNITED STATES BANKBUPTOY LAW. 41 h The value of soourities held by secured creditors shall Val.. or ... be . db ' h' . •untl .. beld by . d etermlllC y convertmg t e SRme lUto money accord- secured credit-- 109 l

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42 ~TED STATES BANKRUPTCY LAW. place where they will be examined and passed upon i (7) the proposed compromise of any controversy, and (8) tne pro- posed dismissal of the proceedings. , .....' .... m ..~ b Notice to creditors of the first ,:"eeting shall be pub- lished at least once and may be published such numbe~ of additional times as the court may direct; the last publica- tion shall be at least one week prior to the date fixed for -o.b" no- the meeting. Other notices may be published as the court u,e.. shall direct. -.. m..... c All notices shall be given by the referee, unless other- wise ordered by the judge. PetldOD. who may file. Sec. 59. WHO MAY FILE AND DISMI88 PETITION8.-a Anr. qualified person may file a petition to be adjudged a vo- uutary bankrupt. --u voluntary b Tbree 0 1' more creditors who have provable claims ....... < _Involuntary. . ngtuDstauy person Wh'le h amOUD t'In th e 8B.:grega te ,lD . exceaa of the value of securities held by them, If any, to five hun- dred dollars or over; or if all of the creditors of such per- son are less tban twelve in number, then one of such creditors whose claim equals such amount may file a peti- tion to have him adjudged a banknlpt. - .... ' •• u.lI· C Petitions shall be filed in duplicate, one copy for the ..... clerk and one for service on the bankrupt. ,~~~. '10= d If it be averred in tbe petiti,?" that the creditol1l of In ..uUno. the bankrupt,..e Ie.... than twelve ID number, and less than three creditors have joined as petitioners therein, and tbe answer avers the existence of a lnrge number ('If creditors there shall be filed witb tbe answer a list under oath of ali tbe creditors, with tbeir addresses, and thereupon the court shall cause all such creditors to be notified of the pendency of such petition and sball delay the hearing upon -boerlnr ,such petition for 1\ rea.anable time, to the end that ,p.arties . . . . . . . .. 0 in interest shall bave an opportunity to be heard; If upon such hearing it sball appear that n sufficient number bave joined in Bucb petition, or if I'rior to or during sucb bear- -w b, 0 d 1 _ 109 IL sufficient number shall Join therein, the case may be ml..... ' proceeded with , but otherwise it shall be dismissed. pu~r:to~:; e In computing the Dumber of creditors of a bankrupt 0'. for the purpose of determining bow many creditors must join in tbe petition, sucb creditors as ware employed by him at tbe time of tbe filing of tbe petition or are related to him by consanguinity or affinity WIthin the third degree, as determined by tbe common law, and have not .joined in tbe petition, sball not be counted. ,-....... " f Creditors otber tban original petitioners may at any o. time enter tbeir appearanoe and join in tbe petition, or file an ~~swer and be beard in opposition to tbe prayer of tbe petItIOn. Noll .. ol't. g A voluntary or involnntary petition sball not be ""-I. dismissed by the petitioner 01' petitioner. or for want of prosecution 01' by consent of parties until aiter notice to the creditors. ,.:"".""",,,. Sec. 60. PREFERRED UREDITORB. - [ a A person sball be n. deemed to have given a preference if, being insolvent, he

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UNITED STATE!! BANKRUl'TCY LAW. 43 has procured or suffered" judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and tbe effect of tbe enforcement of sucb judgment or transfer will be to enable any one of bis cred- ItOrs to obtain a greater percentage of bis debt tban any other of sucb creditors of tbe same class.] a A JW:Bon BMtl be deemed to hQIIJe gwen a preference if. being t718oiment, h. has, within lour months b~fore th~.!Uing of t"~titibnl or aftel· tho filing of thepetitibn and "before tho 'udicatton, yrocuretl or suffered a judgment to 6e enter agai718t h..,,..elf in fa'lJor of an'l:erBon, or made a transfer of an'll of hill property, and the eet ofthe enforce- mmt of Imch Judgment 01' transfer will to enalJle anyone of hill creditors to obtain a ~lUlter percentage of hill debt tMn any other of Buch ored,tors of tho Bame ctas.. Wh.re tho preference C01t8i.ts in a transfer, 8UCh period of four months BMll not ""Pire until four months a]"ter the date of the recording or registerillg of the transfer, if by law such recording or regilltering is ,·eguired. [b If s bankrupt shall have given a preference within w~::~::DDce. four montbs before tbe filing of "petition, or after the ' filing of tbe petition and before tbe adj udication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall bave had reasonable cause to believe that it W'l' intended thereby to give a preference, it shan be voidable by the trustee, and he ma.y recover the -yoldable. property or its value from such ,P"rson:] b if a bankrupt BMll hQIIJe gwen a preference, and the person receiving it, or to be bcrU;fited thereby, or 1,iII agent acting therein, slu.!ll have Md rlUlBODabl. cause to jetieve that it was intended thereby to g£ve a preference, it sMll be voidable by tho trustee, and h. may r8CQVer tho property or its value fr01n Buch perBon. And, for tho ?"'']JOBe of 8UCh recovCt"y, any court of banm,plcy, as her..n~fore tf4ined, and any State court which ,eould have had jurilldiction if banJ.:ruptcy Md not intervened, BMll Mve concurrCttt j UM8' dictibn. c If a creditor has been preferred, and afterward. io 11o';'

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44 UNITED STATES BANKRUPTOY LAW. OHAPTER vn. Ealat e&. ESTATES. Deposit o,'.. Sec. 61. DEPOSITORIES FOR MONEy.-a Courts of b3nk· for mOlley. ruptcy shall designate~ by order, banking institutions 08 depositories for the money of bankrupt estates, as COOl'en· ient as may be to the residences of (I'ustees, nnd shall reo -bond. quire bonds to the Uuited States, subject to their approval, to be given by such banking institutions, and may from time to time as occasion mny r equire, by like order increase the number of depositories or the amount of an y bond 01' change such depositories. E X,", nses, of Sec. 62. EXP F.KSES OF ADMINISTERING ESTATEs . - a The a d m n li t e r eBt&t('f'. nc actUll I an d necessary expenses IIlcurre . db y 'owcers " . th e 10 administrntion of estate. shall , except where other provi· sions are made for tbeir J'ayment, be reporte~ in detail, under oath , and examine and approved or disapproved ap-;~~~r~ and by the court. 1£ npproved, they shall be paid or allowed oilt of the estates in which they were incurred. Deb" proved. Sec. 63. DEBTS WInCH MA Y B E PnovED. - a Debts of the banki'upt whioh may be proved and allowed against his b'U'~: ed t; •. e.tate which are (1) a fixed liability, as evidenced by" judgment or an instrument in writing, absolutely oWing at the time of lhe filing of t he petition against him, whether 'then p"yable or lIot, with any interest thereon which would have been recoverable at that date 0 1' with a rebate of intere.t upon such as were not then payable and did not -coal.!! of gult bear interest; (~) due us costs taxable against nn involun- do.. ' ' '. tary bankrupt who was at tbe time of the filing of the petition agalOst him plaintiff in a cause of action which would pass to the trustee and which the trustee declines cu~s~'efol rn; to proeccutc after notice; (3) founded upon a. claim for nUng .. UUon. taxable costs incurred in good faith by a creditor before the filing of the petition in nn action to recover n provable CO~:l open lie- debt; (4) found ea upon nn open account, or upon a coo- -Jod8moo". tnlct e." 'pre. s 01' implied ; and (5) founded upon provable etc. debt" reduced to judgments aftcr the filing of the petition and befor e the considcl'1ltion of the bankrupt's application for a discharge, less costs incurred and interests accrued after the filing of the petition and up to the time of the entry of such judgments. Allowa. ce 0' b Unliquidated claims against the bankrupt may pur· unliq u i d a t e d s unn t 0 clatm.... taprl"lcntlon to tlle court, be I'lqm'd ate d 10 " s ue h manner as It shall direct, and mny thereafter be proved and allowed aga inst his e.tate. D, e,?~ having Sec. 64. D EBTS WUICIl HAVE PRIOR1TY.-n. The court p, nn,,·. _",x,", • ha II 0 1' der t he trustee to pay a II taxes legully dun and owing hy the bankrupt to the United States, State, county , district, or municipality in advance of the payment of di vidends to creditor. , and upon filing the r eceipts of the propel' public offi cers for sucb payment ho shall be credited with the amount thereof. and in case any question arises as to the amount or legality of any such ta." the same shall be beard aud determined by the court.

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UNITED STATES BANKRUPTOY LAW. 45 bThe debts to bave rriority • except"" berein provided and to be paid in ful out of bankrupt estates, and th~ order of ~yme nt . ball be (1) the a

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46 UNITED STATES BANKBUPTOY LAW. upon like ter11lJl Q8 the first and Q8 often Q8 the a11WUnt 8hall . egual ten per cenbum or more and upon cZosi1l{! the eotate. IJividendS may be declared oftener and in 8maller prOjJ!J1'- tUms if tlte jttdge shall 80 order: Provided, That the pst dimidend shall 110t include more than fifty per cenwm of the money of the eotate in e:1JCeo8 of the a1lwunt nece88ary to JX!-!I tlte debts w hich IULVe priority and such claims as prob- ablty will be allowed: A nd provided further, Tluit the final dividend 8hall 110t be declared within three months _to.. . . after the .forst di'vhlend shall be declared. c The rights of creditors who have received dividends, 1:~gb;0:~ior in whose favor final dividends have been declared, shall 01 . ub.equ en' not be affected by the proof and allowance of claims sub- clalm., .... sequent to the date of .uch payment or declarations of dividends; but the creditors proving and securing the allowance of such claims shall be paid dividends egual in amount to those already received by the other creditors if _c. . the estate equals so much before such other creditors are paid any further dividends: -.""e....ceo' d Whenever a person shall have been adjudged a bank- I0". rupt by", court without the United States and also by a. court of bankruptcy , creditors residing within the United States shall fir. t be paid a dividend equal to that received in the court without the United States by other creditors before creditors who have received a dividend in such courts shall be paid any amounts. LfmJ~lOh C'&lm,' e A claimant shall not be entitled to collect from a bank- ant.'

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UNITED STATES BANKRUPTOY LAW. 47 before the filing of a ~tition in bankru{ltcy by or against such JXIrson sball be dissolved by the adjudication of sucb person to be a bankrupt if (1) it appears tbat said lien was _ If d.'.ndan' obtained and permitted wbile tbe defendant was insolvent we.. , . ..I.. n,. and that its existence Rnd enforcement will work a pref- erence, or (2) tbe party or parties to be benefited tbereby -knowl.dg' had reasonable rause to believe tbe defendant was insolvent 01. and in contemplation of bankruptcy, or (3) tbat sucb lien -, h ' 0 h was sought and permitted in fmud of tbe provisions of '..ud . u. tbis Act; or if tlie di8solution of sucb lien would militate against the best interests of the estate of such person the same shan not be dissolved, but tbe trustee of the estate of such person, for the benefit of the eotate, shall be sub- -,,,,,tee ,ub- rogated to the I'ights of tbe bolder of sucb lien and ' ogated, et., empowered to perfect and enforce the same in bis name as trustee with like force and effect as sucb holder migbt bave done had not bankruptcy proceedings intervened. d Liens given or accepted in good faith and not in can· 8~e~:IS!v:':ejn templation of or in fmud upon this Act, and for a present " consideration, which have been recorded according to law, jf record thereof was necessary in order to impart notice, shall not be a ffected by this Act. e Tbatall c,?Dveyances, transfers, assignments, or incum- e~n8~e~;~:~l brances of hIS pro~rt,y, or any part thereof, made or toActandwlthiD ' by a. person a JU given 'd gedaban k rop t under tb e provl-, 'ou,month. peUUon. ol sions of thIS Act subsequent to the passage of thIS Act and within four months prior to the filing of the petition, with the intent and purpose on bis rart to hinder delay, d f or defraud his credItors, or any 0 them, shp n be null et;',~oi3. rau d, and void as against the creditors of such debtor, excel?t as to purchasers in good faitb and for a prescnt falrma~ror.W~t!!: consideration; and all property of the debtor conveyed, " ... transferred, assigned, or encumbered as aforesaid shaU, if be be adjudged a bankrupt, aDd the same is \lot exempt from execution and liability for debts by the law of his domicile, be and r emain a part of the assets and estate of the bankrupt and shall pass to his said trustee, whose duty it shall be to recover nod reclaim the BRme by legal proceedings or otherwise for the benefit of tbe creditors, . And aI I conveyances, trans f ers, o r mcum ' branees 0 f h'18 etc., Conve,on ... within four property made by a debtor at any time within four mo.th. 0' pe". months prior to the filing of the petition against bim, Uon , and while insoh'eot, which are held null and VOid ns s;-t!~~d,,:nd er against tbe creditors of "\lch debtor by the laws of tbe State Territory, or District in which such property i. situate, shaH be deemed nul] anu void under this AC tthls~~~ under against the creditors of such debtor if he be adjudged a bankrupt, and sucb property sball pass to tbe assignee nnd be by him r eclaimed and 1'ecovered for the benefit of the credItors of tbe ban krupt. For the purpo,.. of '!!ten ,'ccav- cry any {](Jurt of bankruptcy as hereinhefore di:fi.ned, and any state cou.;'t which wOltl ,l have twa juri&dictiOlI if bankruptcy had '!Wt inwvend, shall have eo1wurrellt juri.- dieew".

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48 UNITED STATES BANKBtTPTOY LAW. LI,n., .Ie'h.... fThat all levies, j ndgments, ~tt.achme.uts, or other liens, _ :~p::'~n'::- ohtained throug h legal proceedings ngamst a peraon who is insolvent, at nny time withiu four months ,Prior to the fi ling of a petition in bankruptcy against hIm, shall be -void,.... deemed null and void in case he Is udjudged a bankr~l'!; and the property affected by the le,'y, Judgment, alta entl or other lien shaU be deemed wholly discharged and releasea ~'.g f~!!. from the same, nnd shnll pat!!' to the trustee ,," a part of the estate of the bankrupt, unless the Ct)urt shaU, on d ue notice, orderthnt the rig ht under such levy, judgment, attachment, or other lien sbaU be preserved for the benefit of the estate ; nod tber euvon the snme may pass to and .hall be preserved by the trllijtee for the benefit of the d ~u~ ::teo;: estate as aforesaid. And the court may order such COD- an",,", verance as sball be necessary to carry the purposes of v::~~bl.ller for th iS sectiou into e ffect: PrOvided, That nothing herein conta ined shall have tbe effect t o destroy or impair the title obtained by such levy, judg ment, attachment, or other lien, of a bona fide purchaser for value who sllall bave acquired the ""me witbout notice or reasonable cause for inquiry . co~~~n d Sec. 68. SET-OETS AND CoUNTEROLAIMs. -a. Io all cases , of JlIutual debta or mutual credi ts between the estate of a bankmpt aud n creditor tbe account sball be stated and one debt shall be set off again. t the other, and the balance -ollow". only shall be allowed 0 1' paid. -Dot &llow" . b A set·off or countere.laim shall not be allowed in favor of a ny debtor of tbe bankrupt whicb (1) is not provable against the estate; 01' (2) was purcbased by or tmosferred to him after the filing- of the petition, or witbin four months before such filing , with" view to such use and with knowledge or notice that such bankrupt was insolvent, or bad cODlmitted a" act of bankruptcy. _ on of Sec. 69, POSSESSION OF PROPERTY .- a A judge may, P"PO"Y, upon satisfactory proof, by affidavit, thut a bankrupt "gainst whom an im'oluntary petition has been filed and is pend ing has committed an act of bankruptcy, or has neglected or is neglect ing, or i. about to so neglect his - when bon • • ~roperty that it h"" tbereby deteriomted or is thereby rllp l )1l nu.y b e lW'ill-d , e te' norat "mg or .IS n bout there by to deterJorate . . I 10 va ue, issue It worrant to the marshal to seize a nd hold it subject Ij -~

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UNITED STATES BANKRUPTCY LAW. 49 Sec. 70, TITLE TO PROPERTY.-IL The trustee ofthe estate TlU. ........ of 1\ ,?ankrnpt, upon his appointment and quali ficatioo, . tty, and Ius Bucces"or 0 1' "UCee.SOI·8, if he shall have one or more" upon his 0 1' their appointment and qualification, shallm turn be vested by operation of law with the title -ve",d I . of tbe bankrupt, as of t he date he wa. adjudO'ed 1\ bank- 'rust"~. rupt. except in 80 f n.l' ns it i.. to p roperty wbichnis exempt to nil ( l) do('uments relating to his p l'oport,y ' (2) in teres~ -doeum.n", , pat e nts" palKnt 10 ' hts, copyr .lg h. ts, nn d tl'a d' a-marks; (3) -ce.rtaln , - rig - .. '.nts,pow· .t

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50 UNITED STATES BANKBUl'TOY LAW. tJ4ind, and any State cen,rt which would luuvo had j'Um- dutwn if bankru,Ptcy had not intm

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, ". GENERAL ORDERS AND FORMS IN BANKRUPTCY. • • ADOPTED AND ESTABLISHED BY THE SUPREME COURT OF THE UNITED STATES NOVEMBER 28, 1898. - 51 , • I I Y " t " n /

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, , • ,1 " ," ., , . \ , \ J , \., . ,. \ 1

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SUPREME COURT OF THE UNITED STATES. • OOTOBER TERM, 1898. ... In pursuance of tbe powers conferred by tbe Coostitution aorl laws uJlon tbe Supreme Court of tbe United States, and • particularly by the act of Oon gres8 approved July 1, 11l98, en· titled" AI, act to establish a unifo,·m systell) of bankruptcy througbout the United States," it i. ordered, on this 28th day of November, 1898, tbat the following rules be adopted and -.- eMabli$hed as general orders in bankruptcy, to take effect 011 th e first Monday, being the second day, of January, 1899. , And it is furtber ordered that all Jlroce~dings in bankruptcy bad belore that "ay, in accordallce with the act Inst aforesaid, aud being ill substantial conformity either with the provisions 1 of the.e general orde.., or else w,th tI,e general ordcrs estab- lished by tbis COUlt under the bankrupt act of 1867 anr! witb any general rules or special orders of the COllrts in bankruptoy, .. stand I(ood, subject, howcver, to such furtber regnlation by rule or order of tbose courts as may be necessary or proper to carry into force and elfect tbe bankrnpt act of 11198 and the general orders of tb,s court. 1. DOCKET. The clerk sball keep a docket, in wbich the enses sball be entered and lIumb er~d in the order in wbieh they lire com· menced. It shall contain a memorandum of tbe filing of tbe petition and of tbe action of the COllrt thereon, of tbe refer- ence of t be case to tbe referee, and of tbe transmission by him ( , to tbe clerk of bis certified record oft be proceedings, witb tbe dates thereof, and a memorandulII of .11 proceedings in the case except tbose duly entered on the referee's certilled record os " /

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501 GENERAL ORDERS IN BANKRUPTCY. , aforesaid. The docket sball be arranged in a manner con· '. veDieDt for refereDce, aDd sba ll at all times be opeD to publio { inspeotion. 11. J, .(, FILING OF PAPERS. , -~ Tbe clerk or the referee s hall iudorse OD each paper filed with bim tbjl day aDd bour of filing, and a brief statement of its cbaracter. , ~ < ill J PR.OCESS. '\ , ~ All process, summons aud subprenas shall issue out of tbe . court, under tb. seal tbereof, aud be teste,l by tbe clerk; and , t: blaD ks, with the signature of tbe clerk aud seal of the court, may, upon appllcatioD, be furnished to the referees. IV. CONDUOT OF PROOEEDINGS. Proceedings iu bankruptcy may be conducted by the bank· rupt in person ill bis own Ilebalf,or by a petitioning or opposing creditor; bllt a creditor will only be allowed to mallage Ilefore tbe court biB individual interest. Every party lIlay appear and collduct tbe proceedings by attorney, who sball be an attorney or counsellor authorized to practice in the circuit or district conrt. Tbe name of the attorney or coun>elior, with " bi. pl""e of business, sball be entered "I'ou tbe docket, witb tbe date of tile entry. All papers or proceedings oO·e red by an attorney to be filed sball be indorsed as above required, • and orders granted on motion sball contain tbe nallle of tbe i party or attorney making tbe motion. Notices and orde.·s wbich are not, by tbe act or by these general orders, required to be served on tbe party persoHally may be served upon Ilis attorney. l v. , I FRAME OF PETITIONS. '" All petitions and tbe schedules fil ed therewitb sball be printed or written ont plainly, witbout abbreviatiull or inter. lineation, except where s uch abhreviation and interlineation may be for tbe purpose of reCerence. I \. \

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GENERAL ORDERS IN BANKRUPTCY. 55 VI. PETITIONS IN DIPFERENT DIS'I·RIOTS. In case two or more petitions shall be filed against the Bame individual in different districts, tbe first hearing sha n be bad in the district in which t he debtor bas his domicil, and the petition may be amended by inserting an allegation of an act of bankruptcy committed at an earlier date thau tbat first al- I~ged. if sllch earlier act is cbarged in eitber of t be other peti- tions; a.nd in ca",e at' two or more petitions against the S3me partnership in different courts, each baviug jurisdiction over tbe case, the petition tirst fil e,1 shall be first beard, "ud may be -, all~ended by the insertiou of an allegation of an earlie.r act of bankruptcy tba n that fi rst alleged, if such earlier act is cbarged iu either of the otlier petitions; and, in either case, the proceed· ings upon tbe otber petitions may be stayed uutil all adjndica.- tion is marle npoll the petition first h eard; and tbe court which makes tbe first adjndication of bankruptcy shall retain jurisdic- tion over all proceedings thereiuulltil tbe same sball be closed. III case two or more petition s sbaU be filed in dtiferent dig.. tr iets by different members of the same partnership for an adjudication of tbe bankrap tcy ot' said partnership, the court in wllich the petition is first filed, having jnrisdiction, shull take and retain jurisdiction over all proceedings in such bank- rup tcy un t il the same shall be clo 'ed ; and if such petitions shall be filed in tbe same district, action sball be first had upon the oue first filed. B ut tbe cour t so retaining jurisdic- • tion sba ll, if satisfied that it is for tbe greatest ",!nveniellce of parties in in terest that another of said courts s bouJd proceed with the cases, order them to be transferred to that court. VII. PRIORITY OF PETI1'10NS. Whenever two or more petitions sball be filed by creditors against a common debtor, alleging separate acts of bankruptcy committed by said debtor on ditfel'ent day. within fonr months prior to the filing of said petitions, aad the debtor sha ll ap- peal' and show caase against an adjudication of bankruptcy agaillst him on the Jleti~ion s, that petition sball be first heard and tried whic:h alleges t he commi.siou of the earliest act of of bankruptcy; and in case the sever,,1 acts of bankruptcy are \ I alleg~d in thedift'e rent petitions to have been committed on the

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66 G}!NERAL ORDERS [N BANKRUPTCY. ...l' same day, the conrt hefore which the same are pending may order them to be consolidated, all(l proceed to a hearing as \ , t npou one petition; and if au adjudication of bankruptcy be made upon either petitiou, or for the cOUlmission of a single act of bankrnptcy, it s hall not be necessary to proceed to a , bearing upon the remaining petitions, unless proceedings be taken by the ,Iebtor for the purpose of causing such adjudica- tion to be aunnlled or vacated. VIII. PROCEEDINGS IN PARTNERSHIP OASES. Any member of a partnership, who refuses to join iu a peti. tion to bave the partnerslti~ declared bankrupt, sball be enti- .' i,, tled to resist tlte prayer of the petition in the sawe mauuer as if the petition had been filed by a creditor of the partuership, L 'or , and notice of the filing of the petition shall be given to hiw in p the tlQ.m6 mauller as provided by law and by these rules in tbe -. case of" debtor petitioned IIgaillsL; aud he 81",11 Itave tbe rigbt to appear at the time fixed by the conrt for tlte bearing of the petitioH, nllli to make p roo t~ it' lie can, tba,t tile partner· ship is not illHolveut 01' haH uot cOUl lltitted. au act of ba.nk- rnp~; . :>lId to make " II defences whicb any debtor proceeded against is entitled to t,\ke by the protr'isioIJ8 of tlle actj and in cast" a n adjudicatiou of baukruptcy is ma(h~ Ulton the petition, sucb partller shall be required to file ;< s"hooole of his debts aud an inventory of hi~ property in the ~alDe manner as is reqnired by tile act in case. of debtors agaillst whom adjndi· cation of baukroptcy .ball be wade. IX. SCHti! DULE IN INVqLUN1'ARY BANKR UPTOY. In "II c...es of i'l\'oluntary uallkrnptcy in which tbe ballk. rupt i. absent or can IIot be tound, it sball be the duty of the petitioning creditor to file, within five days after the date of tbe adjudication, " schedule giving tbe names and places of residence "f all the creditors of the bankrupt, ..ecording to tlte best ioform"Lioll of the I,etitioni,,!: creditor. If tbe debtor is found, Bud is served with u()ticu IH l'uI'lli sh n. 8cbed. ole of his creditor. and fails to do 80, tbe petitioning creditor '" . lOay apply for an attschment against tbe debtor, or may bim- I6lf furniBh such IIChednle as aforesaid. " ..... ,f j ~: -\ , ." I,

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GENERAL ORDERS m BANKRUPTCY. 57 " x. INDIIIMNITY POR EXPENSES. Before incnrring any eIpense in publisbing or mailing notioes, or in travelling, or in procuriTlg the atteudallce of witn esses, or ill perpetuating testimony, the clurk, mars LJal or referee may require, from the bankrupt or other person in whose behalf the duty is to be performed, indemnity for such expense. Money advanced for this purpose by the bankrupt or other person sball be repaid him out of tbe estate as part of the cost of admiuistering tbe same . •• Xl . • AMENDMEN1·S. The court may allow ameud ments to tbe petition and sched· nles on application of tbe petitioner. AmendUients shall be printed ur writt~D, signed aud verified, lik e original petitiolls and sche(lules. If amendments are made to separate scbed· ules, tbe same must be made separately, with proper reCer· ences. In the a.pplication for leave to iLmeud, the petitioner t\ shall state the cause of the error iu tbe paper originally filed. • Xil. DUTlEB OF REFEREE. 1. Tbe order referring a case to " referee shall na me a day ·npon whicb the bankrupt sball attend before tbe referee; alld from tbat day tbe bankru pt sball be subject to the orders 01 tbe court in all mutters relating to bi s bankruptcy, and may receive from the referee a. protectiou agai nst arrest, to con tinue until tbe fiual adjudication ou hi s a pplication for a discbarge, unless . llapended or vacated by order of tbe court. A copy of tbe order sball fortbwith be sent by mail to the referee, or be delivered to bim persom,lIy by the clerk or other offic~r of the COllrt. And thereafter all tbe proceedings, except auo h as are required by tbe act or by tbese general orders to he bad betore the judge, sball be had before t be referee. 2. Tb~ time when aud tbe place wbere the referees shall act upon the matters aris,lIIg ulHlel" the several cases referred to them shall ue fixed by special order of the judge, or by the

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58 GENERAL ORDERS IN BANKRUPTCY. referee; and at sucb times and places tbe referees may perform tbe duties wbich they are empowered by t he act to perforw. 3. Applications for " d'scharge, or Ii" tbe approval of " composition, or for an injunction to stay proc~ad ings of a conrt or office,' of tbe United States or of a State, sball be beard and decided by tbe judge. But be way refer suub an application, or any specified issn6 arising thereon, to the reforee to lOS()ertain aod report tbe facts. X III. .I.PPOrNTMENT AND REMOVAL OF TRUSTEE . The appointment of .. trustee by tbe creditors sball be Rub· .' ject to be approved or disapproved by tbe referee or by tbe judge; alld be sball be removable by tbe judge only. XIV. NO OFFICIAL OR GENERAL TRUSTE E , No official trustee shall be allpointed by the court, nor any general trustee to act 10 classes ot' cases. XV. TRUSTEE NOT APPOINTED IN CERTAIN OA.SES. If tbe schedule of .. voluntary bankrupt discloses no assets, and if no creditor appears a.t the first meetillg, the court may, by order setti"g out tbe (acts, direct tbat "0 trust.e be ..p. • pointed; but at ""y time thereafter" trustee may be appointed, . if tbe court shall deem it desirable. If no trustee is appointed as aforesaid, the court.. may order tiJat DO meetiug of tbe credo itors other than tbe first meeting sball be called. XVI. NOTIOE TO TRUSTEE OF nIB APP01N1'MENT. It sball be the ,Iuty of t he referee, immediately upon tbe ap . pointment and approval of the trustee, to notily him in persou or by mail of his appointment; and the notice s hall require tbe trustee fortbwith to DOtity tbe referee of bi8 acceptance or rejection of tbe trust, and 8hall contain a 8tatement of the penal 8um of tbe tru.tee'. bond.

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GENERAL ORDERS IN BANKBUPTCY. 59 XVII. DUTIES OF TRUSTEE. Tbe trustee sball, immediately npon entering npon bis du o ties, prepare a complete inventory of all tbe property of the bankrupt tbat comes into bls possessIOn. Tbe trustee sball • wa ke report to tbecourt, witbin twenty days after receiving tbe notice of bis appointment, of tbe articles set of!' to tbe bank- rupt by bim, according to tbe provisions of tbe forty-seventb section of the nct, with the estimated vaJue of each article, and any creditor may take exceptIO liS to the deterillination of the trustee witbin twenty days after tbe filing of the report. ~. Tile referee may require tbe exceptiolls to be "rgned before bim, and sball certify tbem to the court for final determination at the request of either party. In case tbe trustee . balllleglect to file any report or statement wbicb It is made bis duty to tile or make by tbe act, or by a ny general order in ballkruptcy, witbin - • five days after tbe saUle sball be dne, it sball be tbe duty of the referee to make 311 order requiring the trustee to show cause before tbejl1dge, at a time specified in tbe order, wby he sbould not be removed frum office. 'l'be referee sball canso a copy of t ,, tbe order to be served upon tbe trustee at least seven days before tbe time fixed for tbe bearing, and proof of the service ,- th er eof to be deiil'ered to the clerk. All accounts of tru,tees slmll be refcrl'ed as of course to tbe referee lor audit, uuless otberwise specially ordered by the cou rt. XVIII. SALE OF PROPERTY. 1. All sales sball be by public auction nnless otberwise ordered by tbe court. 2. Upon application to the conrt, and for good ",,,use sbown, tbe trustee may be authorized to sell any specifier! portion of , r' the bankrupt's estate at private .aI6; in wbich caRe be shall · keep an accurate account of each article sold, and tbe price r eceived tberef;,., and to wbom sold; whicb account be shaU file at once with the referee. 3. Upon l)eti1 ion by" bankrupt, creditor, receiver or trustee, setting forth tbat a part or the whole of the bankrupt's estate is perisbable, the nature and location of sucb perIshable estate, anel that there will be loss if tbe same is not sold immediately, tbe court, if satisfied of tbe facts stated and that the sale is \

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60 GENERAL ORDERS IN BANKRUPTCY. required in the interest of the estate, may order the same to be sold, with or without notice to the creditors, and the proceeds to '1 . -~ be deposited in court. r XIX. ACCOUNTS OF MARSHAL. The marsbal shall make return, nnder oatb, of bis actual and necessary expenses in the s ervice of every warra..llt addressed to him, and for custody of property, and otber services, and ( , otber actual nnd necessary expenses paid by him, with vouch- ers tberefor whenever practicable, and also with a statement tbat tbe amouuts cha"ged by him are just aud reasonable. -1 xx. ~ . PAPERS PILED AF'I'ER REFERENCE. .J ,) Proofs of claims amI otber papers filed subsequeutly to tbe ," I refereuce, except snch as call for actioll by the judge, way be .... filed either with the referee or with the clerk. r_4 .., XXI. PROOF OF DEBTS. 1. Depositions to prove claiws against a bankrupt's estate sball be correctly entitled in the cou,·t aud in the cause. Wbcn made to prove a debt dne to a partnership, it must appear on oath t,hat tbe deponent i. a member of tbe partDe," ship; wben made by au agent, tbe reason th e deposition is 1\ not made by the claimant in person must be stated; and when '~ made to prove a debt due to a corporation , the deposition shall be made by tue treasurerl or I if the corporatio ll has no treas- urer, by tb e officer whose dllties most nearly corrf'lspolld to those of treasurer. Depositioll s to prove debts existiug ill open aCcollllt sbaJJ st.'lte wheo tbe rlebt became Or wiJJ become due; and if it consi sts of items maturillg at different da.tes the average due dato shaJJ be .tated , iu ,Iefalllt of which it shan Dot be necessa,'Y to conlput" interest npoll it. All such deposi- tions sbaJJ cootain a u averlllellt that uo Dote has been received for such accouut, nor any judgment rendered thereon. Proofs of debt received hy aoy trustee shan be delivered to the referee to whom the cause i. refen, ·d.

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GENERAL ORDERB IN ·BANKRUPTCY. 61 2. Any creditor may file with the referee a request that all notices to which he may be entitled shall be addressed to bim at any place, to he designated by the post·office box or street number, as he may appoint; and thereafter, aud until some other designation sball be made by sucb credito r, all notices - :t sball be so addressed; a nd ill otber cases notices sban be .. addressed as sl'eciHed in the proof of debt. 3. Claims which have been assigned before I)roof sball be .I supported by a deposition of the owner at the t ime of the com· mencement of proceedings, setting forth the true cOllsider- at.ion of tbe debt a nd that it is entirely unsecured, or if .... secured, th e security, as is required in proving secured claims . Upon the filing of "atisfacto,·y proof of tbe assign ment of" claim prnved and entered on tbe referee's docket, tbe referee sban immed i

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62 GENERAL ORBER8 IN BANKRUPTOY. petition, of wbich doe notice 8hall he given hy mail addressed to tbe creditor. At tbe time appointed tbe referee sball take the examination of the creditor, and of any witnesses that may be called by eitber party, and if it sball appear from such examination tbat the claim ought to be expunged or dimin- i8bed, the referee may order accordingly. XXII. TAKING OF TEa l 'IMONY. The examination of witnesses before the referee may be con· ducted by the party in person or by his counael or attorney, and tbe witnesses sball be 81lbject to examination a nd cross· examination, wbich sball be bad in conformity with tbe mode now adopted in conrts of law. A deposit.ioll taken npon an examination before &. referee shall be taken tlown in writing by lJim, or onder bis direction, in the form of narrative, unless be determines tbat tbe examination aball be by question and answer. Wben completed it 8ball be read over to tbe witness and signed by him in tbe presence of the referee. The referee sball note upon the deposition any question objected to, with his decision tb.roon; and tbe court sb"n have power to deal with the costs of incompetent, immaterial, or irrelevaut depo- sitions, or parts of tbem, as may be just. xxm. ORDERS OF REFEREE. In all orders made by" referee, it shall be recited, according as the fact may be, that notice was given and the manuer thereof; or tbo.t tbo order was made by cOIl.ent ; or tbat no adverse interest was represented at the bearing; or tbat tbe order was made after bearing adverse interests. XXIV. TRANSMISSION OF PROVED OLAIMS TO OLE RK. The refe.'88 shall forthwitb transmit to the clerk a list of tile claims I,roved against an e8tatAl, witb the names and addresses of the proving creditors. ,!I - - - - - - -_ _.----11·

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GENERAL ORDERS IN BANKRUPTCY. 68 xxv. SPRCIAL ){RETlNG OF CREDITORS. Whenever, by reason of a vacancy in tbe office of trnBtee, or for any otber can6e, it becomes necessary to call a special meet· ing of tbe creditor. in order to carry out tbe purposes of tbe act, tbe court may call such a meeting, .pecifying in tbe notice tbe pnrpose for wbicb it is called. , XXVI. A.COOUNTS OF REFEREE. • Every referee shall keep an accurate account of bis travel· ling and incidental expenses, aDd of tbose of any clerk or otber officer attending bim in tbe performance of bls duties in any case which may he referred to him; and shall make return of the sam" under oath to tbejudge, with proper voucbers when vouchers can be procured, on tbe first Tuesday in each moutb. • XXVII. I. REVIEW BY JUDGE. W):Jeu a bankrupt, creditor, trustee, or other person sball desire a review by tbe judge of any order made by the referee, be sball liIe with the referee his I,etition therefor, setting ont the error complained of; and tbe referee sball forthw ltb certify • to tbe judge tbe question presented, a summary of tbe evidence relating toereto, and tbe finding and order of tbe referee thereon. XXVIII. REDEMPTION OF PROPERTY AND OOMPOUNDING OF OLAIMS. Wbenever it may be deemed for the benefit of tbe estate of a bankrupt to redeem and discharge any mortgage or otber pledge, or deposit or lien, upon any property, real or personal, or to relieve .ahl property from any conditional contract, and t

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64 GENERAL ORDERS IN BANKRUPTCY. place for tbe Ilearing tbereof, notice of wbicb sball be given as the court sball direct, so tbat a.ll cre

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, l Qnmut, OaDER8 IN BANXRllPmY. 65 t granting the order (or discharge 'the court shalI Muse notice to be Ilerved upon tb.e creditor or his attorney, 80 as to give him an opportunity of appearing and being heard before' tho granting of >the 'Order. XXXI. - PETITION FOR DISOHARGE. 'I'he petition of a ban'krnpt for a diseharge shall state con· cisely, in aocordauoo with the provisions of the act and the orders of the oourt, the proceedings iu the case and the acts ... of the hankrnpt . XXXI[. ,OPPOSITION TO DISOHARGE OR OOMPOSITION. A creditor opposing the application of a bankrnpt for his - ill.charge, or for the confirmation of a composition, shall enter his appearauce in opposition thereto ou the day when the credo itors are reqnired to show cause, and shall file a specification - in writing of the grounds of bis opposition within ten days thereafter, unless the time shall be enlarged by special order of the judge. XXXIIL ARBITRATION. Whenever a trustee shall make application to the court for anthollitf to submit a oontroversy arising in the settlemeut of a demand against a bankrnpt's estate, or for a debt dne to it, to the determinRtion of arbitrators, or for anthority to compound IWd settle such controversy by agreement with tbe other party. tbe application sball clearly and distinctly set forth the snbject- matter of tl>e controversy, and the reasons why tbe trnstee thinkB i.t proper and most for the interest of the estate that 'he controversy should be settled by arbitrntion or otberwise. XXXIV. • • COSTS IN CONTlIlBTED ADJUDIOATIONS. In cases of involuntary bankrnptcy, wben the debtor resists an adjudication, Rnd the court, after hearing, adjudges the debtor a bankrnpt, the petitioning creditor shall recover, and be paid out of the estate, the same costs thst are allowed to a .• , party recovering in a snit in equity; and if the petition is ill ... riBBed, the debtor shall recover like costs against tbe petitioner• 6017ilO-J~

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66 GENERAL ORDERS IN BANKRUPTCY. XXXV. OOMPENSATION OF OLERKS, REFEREES AND TRUSTEES. 1. The fees allowed by the act to clerks shall be in fnll com- pensation for all services performed by them in regard to filing petitions or other papers reqnired by tbe act to be filed with them, or in certifying or deli vering papers or copies of records to referees or otber officers, or in receiving or paying ont money; but sbal l not include copies furnisbed to other persons, or expenses necessarily incnrred in pnblishing or mailing notices or other papers. 2. The compensation of referees, prescribed by the act, shan .r be in fuji compensation for all services performed by them under t he act, or under these general orders; bnt sball not inclnde expenses necessarily incnrred by them in publishing or mailing notices, iu travelling, or in perpetuating testimony, or other expenses necessarily incurred in the performance of • tbeir duties nnder t he act and allowed by special order of the judge. 3. Tbe compensation allowed to trnstees by tbe act shall be in full compensation for tbe services performed by them; but shall not include expenses necessarily incurred in the perform. j ance of their dnties and allowed upon the settlement of tbeir accounts. 4. In any case in wbich tbe fees of the clerk, referee and trustee are not required by the act to be paid by a debtor be- fore fi ling bis petition to be adjudged a bankrupt, tbe judge, lit any time during the pendency of tbe proceedings in bankrnptcy, may order those fees to be paid out of the estatc; or may, aftcr notice to the bankrupt, and 8lItisfactory proof t bat he t ben has or can obtain t.be money witb whicb to pay those fees, order .him to pay them withm a time specified, and, if be fails to do so, may order his petition to be dismissed. • XXXVI . APPEALS. 1. Appeals from a court of bankrnptcy to a circuit court of "\ appeals, or t~ the supreme court of a Territory, sball be allowed by a Jndge of the court appealed from or of tbe conrt nppealed to, and shaH be regulated, except as otherwise pro- vided in the act, by the rules governing appeals in eqnity in the COuIU of the United States.

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GENERAL ORDERS IN BANKRUPTCY. 67 2. Appeals under the act to the Supreme Conrt of the United States , from a circuit court of appeals, or from tbe supreme conrt of a Territory, or from tbe supreme court of the District of Columbia, or from any court of bankruptcy whatever, shall be taken witbin thirty days after tbe judgment or decree, and sball be allowed by ajudge of tbe court appealed from, or by a ju.tice of the Supreme Court of tbe United , States. 3. In every case in which either party is entitled by tbe act • to take an appeal to tbe Supreme Court of tbe United States, - thll court from which the appeal lies sball, at or before tbe time of entering its judgment or decree, make and file a find· ing of the facts, and its conclusions of law thereon, stated separately i and tbe record transmitted to tbe Supreme Court of the United States on such an appeal shall consist only of the pleadings, tbe judgment or decree, the linding of facts, and the conclusions of law. XXXVII. GENERAL PROVISIONS. • In proceedings in equity, iustituted for tbe purpose of car· rying into effect the provisions of the act, or for enforcing tbe .rights and remedies given by it, tbe rules of equity practice established by the Supreme Court of tbe United States sball be followed as nearly as Ulay be. In proceedings at law, in· stituted for the same purpose, tbe practice aud procedure in . cases at law sball be followed as uearly as may be. But tbe ,r judge may, by special order in any cuse, vary tbe time allowed for return of process, for appearance and pleading, and for taking testimony and publication, an(1 may otherwise modify tbe rules for tbe preparation of any partioular case so as to facilitate a speedy bearing. XXXVIII. FORMS. The several form s annexed to these geneml ord"rs shall be observed and used, with sucb alterations as may be necessary to snit tbe ciroumstances of any particular case.

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, FORMS IN BANKRUPTCY, ~ [N. B.-Oatbs reqnired by tbe act, except upon bearings in court, may be admmistered by ref.rees and by officers author· ized to administllr oaths in proceedings before tbe courts of tbe United States, or under tbe laws of tbe State wbere the same are to be taken. Baukrupt Act of 1898, c. 4, § 20.1 - [FORM No.1.] DEBTOR'S PETITION. To tbe Honorable , Jndge of the District Court of the United States for the - District of : Tbe petition of , of , in the county of - - - , BUd district and State of , [state occupa- tion j, respectfully represents: That he bas had bis principal place of business [or bas resided, or bas bad his domicill for tbe greater portion of six months next immediately pl'ecedlDg tbe filing of this petition at , witbin said judicial district; tbat he owes debts whicb be is unable to pay io full; that he is willing to surren· der all his property for the benefit of bis creditors except soch as is exempt by law, and desires to obtaiu the benefit of t be acts of Congress relating to bankruptcy. Tbat tbe schedule hereto annexed, marked A, and verified by your petitioner's oath, contains a fu ll and true statement of all bis debts, and (so far as it is possible to ascertain) the names and places of residence of his creditors, and such for· t' ther statements concerniug said debts as are reqnired by tho provisious of said acts: ~ Tbat the schedule bereto annexed, markcd B, and verified by your petitioner's oath, contains an accurate inventory of all bis property, botb real aDd personal, and such furtber state· ments concerni ng s,,;d property as are required by tbe provi· SiODS of said acts: Wherefore YOllr petitioner prays that he may be adjudged by the court to be " bankrupt within the purview of said acts. ~. ----" _ _ - - , Attonaq. 00

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70 FORMS IN BANKRUPTCY. United St!>tes of America, District of , B8: I, , tbe petitioning dobtor mentioned and de· scribed in tbe foregoing petition; do hereby make solemn oatb tbat the st.'\tements contained tberein are true according to tbe be.t of my know ledge, information, and belief. - - - - - - , Petitionet·. Subscribed and sworn to before me tbis -;- day of - - - A. D.1B-. -----. (Officia.l c"amcter.)

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~- "" .. ~ • ~",- .. "-~ ........... - '> ! ~r'" t !.! tr \; . .v -e.t ~ --.. ~; T SOHEDULE A.- STATEMENT OF ALL DEBTS OF BANKRUPT• • SOHEDULE A. (1) StatmMn' o/all creditor, -WM are to be paid in fuU, or to whom prWrity " stcuTed by law. Natnre and oonllderaUon of the debt. a.tma "'hleb bave prl· Reference to ledger Hamee oteredlt()n. Residence !ll WI· ImOWD, that (ut. Where and when and whether (lOnt.ract.ed aa partDer AmOWlt, onty. or 'Voucher. coutraoUd . or joint COntractor ; and if 80, W'flob mUll. b6 stated) . whom. (1.) TUM and debt. doe and ow1.Dg til the United Sta~. • ,. j ~ (2.) Tax. doe and owing to t.beStat.eo( - .or to .. a uy cOllOM ,dlltriCt, or municlp ty thereof. ~ (3.) WagN due workmen, clerk&. or ae"&D~. an amOunt DOt exceed· luft POO each, earued "thin t.hree month, berore altog the petl· tlon. to I {4 .1 Other debta b .,.iug pri. ority by la ..... 'Iotal .•• .. •.• _.......•••• .. •. .• .. - - - - - - , PeUtiott"". ..... ....

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• SOHEDULE A, (2) ..., Creditor3 holding 8t)curUie3, "" (l\. B.-Putlcular. or HCwitlea held, wit.b dates of flame, fWd wben tbey were given, to be ,tated under the natnea of tbe &6Teral c!'edlwrs, and aleo putloa1IlU oonoerniDg ucb debt. lUI required byac13 of Congre88 relating to bankrup tcy, and whether contraet.ed &1 partller or Joint contrAotor with all,. otbe"t(l6r8OD : and If.o, witb wbom.) :Refereocew ledger Nawee of cr tlditot'll, Reknown, li d e noe. (If un· that fact Deact1pLlon or Mlo urltiee. 'Vbeu and wbere Valne of Amount (lehu we re con· !Mlcuritle or voucher. • . of debt,. must be statOO). tracted.. :5 • " • " '" ~ :;! ~ Z '" ~ !< Total •. ..• •. - - - - - - -, Peti ~io n er .

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eF 'II~~ ~ ~ .-- ~. ' -'- - I ., • 'T' ;, , I' , ~ " - --r SOHEDULE A . (3) Creditor, wAo.e cla,,,,, are t.,lIecw:rtd. (N. B.-"When the name and t'8ldence (or eit.her) of an)' drawer, maker, iDdorter, or holder of by bill or not.&. etc., an Wlkno1nl., the tact. mll.lt. b& .ta&ed. and alao t.he nama and rMldeDU o( the luI. bolder hoWl!; to the debtor . The debt. dna to each creditor m~t. be .tated in tull, and an1claim by .....)' ofMlt.-oft aLated I.n the acbedule of proPfirty.) Nature and con,iderat-loD of the debt, anll whet.her any Jnd~ent. bond, bill Of ell- &ferenoe to Iedau or 'foucber. "Yame. ot eredlt.ora. • (ut mu., lU,ideDCfI (li unknown , tbat be alated). Wben &lid wber6 contracted. chlnge, p romillory DOte. et.o., and wbetber OODtract.ed Ie partner or joint contractor with AmOQDt. o'" any ot.her penOD; IUld, il8O, with whom. i • •• - ;Z ~ !:lc:'" ~ .. Tot.l . ..••• •••. • •. . . ..• ••• •• ..•.• . • ... . •• I ""'" ._--, Petition&-.

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• SCHEDULE A. (4) ... II>- Liobilitiel Oft notu or billl dio!oounted whioh ought to btl paid by the drawers, tliaker'J aCCfp torl, or indQr,er•• [N. B.-Thedlte4 or the DOt.el or bill.. IUld wben due, ..nth the IIlmel, l'OIIJdencel, and tbe bUl lneal or occupation of tbe drawers, maktre, or aueptOri tb~l. are to be " t forth under the names of the hoMen. If tbe name. of tbe holders are not bOWD, the Dime of tbe l.at bolder known to Lb. debtor IIha1J be lLatM., ao4 bb btutueea and p1aee of fe.ldeaee. The lame partioul'ra aa to not.ea or billfl onw-Mob tbe debtor Ie li.ble III Indorter.1 Nature of liability. whetber ume was con · RefenlOce to ledger or Name. of holden ae R6II1\l ence (it nnknoWll, Pll&oo w here COD- traeted all partner or joi nt cont.nletor. or A mount. ,"oucher. far I. known. tJ.iat ract mOlt be atated). {r acted. w ltb any ntb llr perso n ; and, if 10, with whom. ~ • •• ~ CD Ii! '".. Z ~ . ~ • Total •....•••••.•....... ...•• •. .•••.•...• - - -- - - - - , Petitioner.

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, • , , ., .- " SCHEDULE A. (6) .ilcco",fllodation paper-. IN. B.-The date. of the Ilotee or bWa, ud wben due, "'lUi the nanHl1 and ree1denOM ot the drawfln, makerl, &Dd acoepto~ tbereof, are to be l et torth UDder tbe DAmM or the bold era; if the bankrupt be liable .. drawer, maku, aooeptor, or tndoner thereof, It. u to be ,fated aocordlne.,. It tbe nam_ of the bolden are Dot bOlm, the name or the la.IIt holder bo,", to the debtor .bould be ltated, with b1a f'fIeidenefl . Same partionla.rl as w other commercial paper.} . RetenmC«l t.o ledger N&met of boldera. Re,ldence. (If UQ ' Namel a.nd realdenoe P lace where oon- Whether Uabillty WaB contraated .. partner or Joint. oontractor, or witb or Toaober. known, th •• r..t orJ:l"IOlll aecom- _to

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78 FOIUlS IN RANKRUPTCY. ,;, • " ,"•. • A I· r · I . 30 .-, ~ . • P'l ,J!u ..,pr< •• ' 0 •• ~ ~" • . 0 w. · : •, ·s . : : ..•• · .•• : · ~ ~ •• · : ..• · ,,•• ~ • : ~ · f •• -~ · - ~ i ~ ;; ~ , , g .!: • .8 1':1 • :a• • • 3 : ~ · •, .9 ~ , 8- ." 'j;j •• 6 110 8~ ·· e· ~ ·· , ~ , :g , 0 • • -e . 1~ ~ ·· .0 0 ••, 0 ~.! ~ i 2 0 J ·· . .9 •0, "'"8- .p. A 'i ~ e ~ .~ .. ~ .... , ~ .9 ':s 0 ~ ~ .0 ... § ! . . •• ~] 0'. 'iI a 3 l~ • 1 4 1 A ~ • ~•

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.... ~ ~ .",.,. -~ "' .; ....... J - "\I " , ... .,-, , J " -... j"'Y ........ '~ .... ~ SOIIEDULE B. (4,) Property in reuer.w., renurind4tr, or expectancy, inolaldin9 property /wId in t,...." for the d4tbtor or .¥bject to dny power or nght to di6po.n of or, to c1targe. (N. B.-A partJ.oular description of each lntereat ~uat be entered. It all or any ot the debtor'. property baa been convoyed by deed. of ulignment.. or ot.hof"ft'iIe. for the benefit of erediwn, the date of suoh deed sbonld be stated, the name and addreu of the persoD to ",hom the property wu C'ODn.,.-ed, the amount uIl.bed from the proceede- thereof, and tbe ill.poial - ot the lame. as far aa known to the debtor.]- SnppoNld value of ~Dera1 interest. Partloular description. my intere.f.. lnten»lt in land . •••.• .•. .• . .• ... .. . ..• .• ..• . .. .... •.... .•.. Penonal property .•••• •••••••• •..•••••• ...•..•••. • .•• . _... Ptopel'1iJ' in mOlley•• took, ,ware., bonda, annuities, ek: . • ... • •• iIi! , ~ Total •••• •••• • . R1abte a.ud pow8r"legaclM a Dd bequ68t1 . . .• . •...••. . . . . . Amollnt ...u..d trom proooeda of ~ property 000 · Pr4pnt" h,rdo!or, etmDtlltd/or ~tflt oj C1'tdi(or•. veyed . ,. ~ Wbat portion of debtor', froperty blUl been conveyed by deed ofa..l~roent., orot erwlee, (oruenellto(crodltof8; date or IUO deod, namb and addree~ of ]Iartv to whom • • conveyed 1 amount. realir.ed lb~reCrom, and JlIrpoul of lam." 10 far .. knowo to debtor •..••.• . . . ••••. • ...••. . . . . Wbat. 80m or lumt bave been paid to couDlOel, and to _bom, for lIerV100I rendered or to be node rell In tWa b.uK.roptoy ••. ..•. • •••••••.•• .. .•.•.. .. .. .••... . . ... .•• •• Total .... . .•• . . -0 - - - - - - , PeUlwnft". CO

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82 FOR~fS IN BANKRUPTCY. S UlIIMARY OF DEBTS AND ASSETS. ( From ~h e sta tements or the bankrupt i n Schedules A and D.] .. Scb edu1 e A • . • • J (I) TUe3 a.nd debts due Un ited States .. . ........ " .. .. 1 (2) '1'11.188 dn e States. conn t iell, di et-dotll, fWd muniolpliUties. ." ." .... .... Schedule A . ... 2 1 (3) ' Vages ........ . .. . . ... . . ....... . . . ...... .. ... . 1 (4) Ow ardable preferred by law . .• _••• __ • . ... . .. Socured claboll. _••.••.•• •• ••.•..•• •••• • • . •••• . Schedule A . . .. 3 Uneecured claholl . . ......... •. . . .. --_ .. . -_. . .. ScllOd ul e A. • ••. Sched ule A •••• 5 • N otell and bUla whic h ought to be paid by otb 64' pa rt-lea thereto. Accommodation paper •• _.. _.. _... .••. .... . . . . Schedule A . total. .. .•. .... ...•.. __ ... . ...•• . I Schednle B . .. . J R.eal cstat.e ••• • ••• •••• •..•• •• . . • . . ••.•••• . .. . .. .. .. .. Scbedule B . .• . z.. Cl\sh on hl\ nd . ........ . .... . ........ . ......... ., 2-b Bills, pro missory not.,s, and 86eufiti68 ........ " " .... 2-e Stock in trade .....• .•..• . • . . •............ ••• . " " . ... 2-d BOll8ehold ftooda, .te .. , .. .. . . . ..... .. .. . : ... . . ... " .... " 2-e lioo\;a. PMO S, and pictures . ... .. ......... .... . " .. .. 2-( RO I"1lNl, oows, Ilntl other anlmllls ... .. . . . . . .. ... .. " .... Z-ft Carriages and other " 6i1icl68 •....•. . ..••••.... " .... 2- I llsrming stook and implemeuU! ... . .. . . . . . . . .. " " .. .. 2-k .... 2--1 ShiPfing end s ha re8 in vt-asele . . . ••• . . ....... . " •• . " " .... 2-1 11atenb M ac lnery, toole, &0 ................. .. .. . .... . copy rlgbts, and trade-m arks .... , •. .. . 2-m Other r ersollal property •.. .. • .... __ ....... .. . " .,.. .... Schedule T:I : :: : 3-a. Debta d ue on 0ten aCOOUDU ....... ... ...... .. . " 3-b Stooks, Dep0tia Ie booda, &c __ .... . . __ ., .... . • " ° .... 3, c r olicias ioaurance ........ . .... . ..... . .. .. .. " " .. .. ,-" Uuliquidated claime . . ..• . . .. . •...... . . ......• " " '-0 Deposita of money in banks aud elsewbere .. .. ,• ~hed nJ 8 H :::: Prcperty in rev8.l'8ion, remainder, trust" &.c .... &:hGdnle U .. . • 5 Pror!r~ olaimoo to be 61:Cepted ••• , , •..•• . •• • Schedule B '" .0 Boo 8, cooa, and llapers .. .. .. . . . . .. .... ... .. . Scbedule B, lOud ........... . . .. ...... .. .. . .. - -- - - [FORM No. 2.] PARTNERSRIP PETli'ION. To the Honorable , Jndge of the District Oourt of the United States for the - District of - - - The petition of respectfully represents: That youI' petitioners aml have been partners nnder the firm name of , having their principal place of business at ,in the county of ,and dIstrict and State of , for the greater portion of the six months next immedia tely preceding the filing of this petition; that the said partners owe debts which t hey are unable to pay ill full; that your petitioners are willing to surrender all their property for t he henefit of their creditors, except such as i. exempt hy law, a nd desire to obtain the benefit of the acts of Oongress relating to bankmp toy.

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, FORHS IN BANKRUPTCY. 83 • i ,~ Tbat the schedule hereto annexed, marked A, and verified by - - oath ,contains" full and true statemept of all th. debts of said partners, aud, as far as possible, tbe names and places of residence of their creditors, and such further • statements concerning said debts as are required by tbe pro· visions of said acts. That tbe schedule bereto annexed, marked E, verified by - oatb ,contains au accurate inventory of a1\ tho property, real alld personal, of said partners, alld sucb further state· wents concernillg said property as are required by tbe pro· ,- visions of said acts. And said further states that the schedule hereto annexed, marked 0, verified by his oatb, contains a fllU and true statement of aU bis individual debts, and, as far as possible, the names alld places of residence of his creditors, and sllcb further statements concerning said debts as are required by tbe provisions of said acts; and that tbe scbedulo .- bereto annexed, marked D, verified by his oath, contains an ,• accurate inventory of all his individnal property, real and per· sollal, and sncb fnrther statements concerniug said property as are required by the provisions of said acts. And said further states tbat the scbedule hereto annexed, marked E, verified by his oath, cont.ains a full and true statement of all bis individual debts, and, as far as pOSSible, the names and places of residence of his creditors, and such furtber statements concernillg said debts as are required by tbe provisions of said acts; and that the schedule bereto annexed, marked }" verified by his oath, contains an accurate inventory of all his individual property, Teal alld per· sonal, and sucb further statements concerning said property r as are required by the provisiolls of said acts. And said fnrtber states that the schedu le bereto annexed, marked G, verIfied by hi. oatb, contains a full and true statement of all bis individual debts, and, as far as poSSible, the names and places of residence of bis creditors, and snch further statements concerning said dobts as are required by the prOvisions of said acts; and that the scbedule , hereto annexed, marked H, verified by his oath, containa au • accurate inventory of all his individual property, real and per· sonal, and Bnch furtber statements concerning said property as are required by tbe provisions of sai(l acta. And said further atatos that tbe scbednJe • hereto annexed, marked J, verified by his oath, coutains a full •

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84 FORKS IN BANKRUPTCY. and true statement' of all his individual debts, and, as far as possible, the names and places of residence of his creditors, and sllch further statements concerning said debts as are required by tbe Ilrovisions of said acts, and that tbe scbedule hel'eto annexed, marked K, verified oy his oath, contains a.n " ccUI'ate inventory of all his individual prol~el'ty, real a nd per- sonal, aud snch further statements coucerniug said property as are req ulred by the provisions of said acts. ... Wherefore your petit ioners pray that the said firm may be IIdjud ged by It decree of t he court to be bankr'npts within the pUl'view of said acts. - - - -, Petitimters. - - - - - - , AUo"'''j . - - - - - - , the petitiolling debtors mentioned and de· scl'ibed in the foregoing petition, do hereby make solemn oath tbat tlJe statements co uta.iued therein are true according to the best of tL eir kuowledge J information, and belief. ------, Petit1:oners: Subscri~ed a mI Sworn to hefore me this - - day 01'--- A. D.IB--. - - - -, [ Official character. J (Schedules to be annexed corresponding witb schedules under l'orm No. 1. J

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FORMS IN BANK RUPTCY. 85 (FORM No. 3.1 CREDITORS' PETITION. , To the Honorahle ,judge of the District Conrt of tbe United States for the - district o f - - Tbe petition of , of , amI - - - - - - of , and , of , re'pectfully shows: That , of , has for the greater portion of six months next preceding the date of filing this petition, had bis principal place of business, lor resided, o,' I,ad bis domicil I at ,in tbe county of and State and district afore· said, and owes debts to tbe amoun t of $1,000, That your petitIOners are creditors of said , baving provable claims amonntlUg in the aggregate, in excess of securities beld by tbem, to the sum of $500. Tbat the ' natlll'e and amount of your petitioners' claims are as follows: And your petitioners further represent that said - - - - - - " is iosolvent, and that within four montbs next preceding the date of this peti'tion the said commit,ted an net of bankruptcy, in that be did heretofore, to wit, on tbe- . dayof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Wherefore your petitioners pray that service of this petition, witb a subprena, may be made upo n ,as provided in the acts of Oongres8 relating to In\nkruptcy, and tbat he mny be adjudged by the court to be " bankrupt withiu tbe purview of said acts, ----, ---- ---, PetitionerB. _ _ - - , Atton.ey. r United States of America, District of , S8: ______ , , , being three of the petitioners above named, do hereby make soiemo oath that '~ tbe statements contained in tbe foregoing petitioll, subscribed by them, are true. Before me, , this - day of , 189-. --- --. ( Officia I character.) (Schednle. to be annexed eorr6lponding with achedulea under Form No.1.]

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86 FORMS III BANKRUPTCY. WORM N O.4.] ORDER TO SROW CAUS E UPON CREDITOR ' PETITION. In the District Court of the United States for the - Dis· tdctof--- III the matter of In Bankruptcy. UPOll cOllsideration of the p etition af that - -- - - - be dt'c1ared a bankrupt, it is ordered t hat the said do appear at t hi s court, as a court of bank- l'Uptcy, to be holden at ,i n tho district aforesaid, on the - - day of , at - o'clock ill the noon, and show cause, if any there be, why the prayer of sa.id petit,j on should Dot be gran ted; and It is furtber ordered that a copy of said petition, togetber with a. writ of 8ubpoma, be served on sa.id , by delivering the same to him personally or by leaving tile same at his last usual place of abode in said district, a t least five days before tbe day aloresaid. Witness the Honorable - - - - - -, judge of t he ..'>id court, and the seal thereof, :1t , in said distriot, on the - day of , A, . D. 18-. I ...,,' 1 lilt! eGort. - - - -, Ol,,·k.

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FORKS IN BANKRUPTCY. 87 • • [FORM No. 6.1 SUBP

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88 FORMS IN BANJ[RUPTCY. [FORM No. 6.J DENIAL OF BANKRUP'I'OY. In the District Court of the United States for the Dis· trict of-- - In the matter of - - -- - -- - - -- - -) In Bankruptcy. At - - - , in said district, on the - - day of - - - , A. D. 18--. And now tlle said appears, and denies that he has committed the act of bankruptcy set forth in said petition, or that he is insolvent, and avers that b"shoulrl not be declared bankrupt for any cause in said petition alleged; and this he prays may be inquired of by the court [or, he demands that the same Dlay be inquired of hY"jury]. Subscribed and SWOrD to before me this - day of - _ _ A. D. 18--. ----, [Official e/tameler.)

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• [FORM No.7.] ., ORDER FOR JURY TRIAL • In the District Ooort of the United States for tue Dis· triotof-- In the matter of , In Bankruptcy. At - - -, in said diatrict, on the - - OO.l' of - - - , 18-. Upon the demand in writing filed by ,alleged to be a bau kropt, that tue fact of the commission by him of an act of bankruptcy, and the fact of his insolvency may be inquired of by a jury, it is ordered, tuat said issue be submitted to a , jnry. ------" I \b.eSe&l 01 I co'lU1. Olerk. j ,

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90 FORMS IN BANKRUPTCY. [FORM No.8.] SPECIAL W A.&RAN1' TO MARSHAL. In tbe District Court of tbe United Stat"s for the - Dis· trictof - - - In tbe matter of In Bank'Tuptcy. To the marshal of said district or to either of his depnties, greeting: Whereas a petition for adjudicatiot of bankruptcy was, on the-- dAY of , A. D. 18-, filed against. , of tbe county of aud State of , ill said district, and said petitioll is still pending; and wbereas it satisfactorily appears that said has committed an act of bankruptcy [0" bas negJected 0" is neglecting, or is about to so neglect his prop· erty that it has thereby deteriorated 0" is thereby deteriorati ng or is about tbereby to deteriorate in value], you are thercfol'e authorized and required to seize and take possession of all the estate, real and personal, of sai,\ , and of all his deeds, books of acconnt, and papers, and to hold and keep the Same safely snbject to the further order of the court. Witness the Honorable ,judgeofthe said court, and t.be seal tbereof, n,t , in said district, on tbe - - of - -, A. D. 189-. !theSealor court. I ----, OIerk. RETURN BY MARSHAL THEREON. By virtue of the within warrant, I have taken possession of the estate of the within· named , and of all his

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FORHS IN BANKRUPTCY. 91 deeds, books of acconnt, and papers wbich have come to my knowledge. - - - -, Marshal [or Deputy Mars'lal]. 1. Servloo o' warrant ..... . . . . . ... . . . ... . ...... .. . . . .. . ............... . 2. N eoea.ary tranl. at tb. rau, or Ilx oent. a mUe eacb way . ........ . 3. Aotual e xpeoltle In cuetody or property and other services AI (01· 1019'1 .• ••••••••••••• • • • • • • • •• • ••••• • .• • ••• • ••• ••• •••• . ••• • •• _ •••• ••• • (Here . tate "be partloulanhl , I - - -- , Marshal [or Deputy Marshal]. District of , A. D. 18-. Personally appeared before me the said , and made oath that the ahove expenses retnrned by him have been octually incurred and paid by him, and are just and reasonable. - - --, Rij'eree i" Bankruptcy. , I· )

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W i 92 FGBHS" m; DANKRUPTClI. II [FORM No.9.] BOND OF PETITIONING OREDITt'lR. Know all men by tliese presents: That we, , as principal, and , as sureties, are held and firmly hound unto ,.in the full "",d just sum of - - - dollars, to be paid to the said' , executors, adminis- trators, or assigns, to which payment, well and truly to be made, we bind ourselves, our heirs, execntors, and administr&- tors, jointly and severally, by these presents. Signe,l and sealed this - - day of A. D., 189-. The conditio .. of this obligation is stich tbat wbereas a petition in bankruptcy bas been tiled in tbe district coort of the United States tor the - - dismct of against the- said , and the' said bas applied to tbat court for a warrant to the marshal of said district directing him to seize and bold, the property of said , subject to the forther orders of said district court. Now, therefore, if snch a warrant sball issue for the seizure of said property, and if the said shaH indemnify the said for snch damages as be sbaH sustain in tbe event such seizure sb aH prove to bave been wrongftlHy obtained, thon t he above obligatiou to be void; otherwise to remain in fuH force and virtue. Sealed ami delivered in presence of.- ----[SEAL.) - - - - [SEAL.] - - - - [SEAL.] Approved this - - day of - - , A. D., 189-. ----, .Diltricl JudVe• . ~

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POIDII IDI I\llU'lKRl:JP'IIOt. 93 ~ I • [FORM No . 10.] " BONa) TO MABSIl.A.L. , Know aU men by these presents : That we, ,1\8 principal, and , as sureties, are beld and firmly beulld nnto ,marshal of th e United States for tbe district of , in the full and just snm of - - - dollars, to be paid to the said , bis executors, ad. ministrators, or assigns, to wbicb payment, well aud truly to be made, we bind ourselves, our heirs, executors, and admin · istrators, 1liintlYR'Ilu 'severally, by these present.~. · Signed and sealed tbis·- day of A . D . 189-. t The condition of tbis .obligation is sncb that whereas a petition in bankruptcy bas been filed in the district court of , tire UnUed ·States for t ile district 'of , against the ;, smd , and t he sa.ld court loss issued" warrant I• to the marshal of t be United States for said district, directing · bim t o eei£e·aud 'bold -property of the said , sub- joot .w

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94 FORMS IN BANKRUPTCY. [FORM No. 11.] ADJUDIOATION THAT DEBTOR IS NOT BANKRUPT. In tho District Court of the United States for the Di.· trictof-- In the matter of In Bankrnptcy. At , in sai,l district, on - - day of , A. 0.18-, before the lIonorable ,j udge of the - - district of-- This canse came ou to be heard at - - - , in said conrt, upon the petition of that be adjudged a bankrupt within the true intent aud meaning of the acts of Cougress relating to ballkruptcy, and [lIere state the proceedings, ,ohether there was 1lO OlJPosition, or, if opposed, state w hat proceedings w ..·• had.] And thereupolI, and upon consideration of the proofs in sai,l cause [and the argumen.ts oj c01msel th ereon, if an.y], it was found th"t the facts set forth in said petition ,vere not proved; and it is therefore a.tljudged that said - - was not a bank- rupt, and that said petition be dismissed, with costs. Witness tile Honorable , judge of .aid court, and the seal thereof, at , in said district, on the _ day of , A.D. 18-. r Sea,.' ! th6 CIO u.r~ . ----, Oltlrk.

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FORHR IN BANKRUPTCY. 95 [FORM No. 12.1 ADJUDICATION OF BANKRUPTOY. In the District Oonrt of the United States for the - - - Dis- trictof--- In the matter of ,,f In Bankruptcy. Bankr"pt . At , in said district, on the - - day of , A. D. IS-, before the Honorable ,j ndge of said court in • bankrnptcy, the ]letition of that - - - - - - " he adjudged a bankrupt, within the true intent and meaning of the acts of Oongress relating to bankruptcy, having beeu heard and dnly considered, the said is hereby declared and adjndged bankrupt accordingly. Witness the Honorable - - - - - - , judge of said court, and the seal thereof, at , in said district, on the-- day of , A. D. IS-. Soalor l ------, { the ooun, Ol

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96 FORMS IN ~KRUPTCY. • I IFoRM No. 13.J I APPOINTMENT, OATH, AND REPORT OF ApPRAISERS. II in the District Court of the United States for the Dis· trictof - - - In the matter of In Bankrnptcy. Bankrupt . It is ordered that , of, of - - - , and , of , three disi nterested per· • sons, he, anil1;by are hereby, appointed appraisers to appraise the real and persoaal property belongiug to tbe estate of the said bankrupt set out in the schedules now on tile in this court, and report their appraisal to the court, said appraisal to be made as ;;oou a"""ay be, and the appraisers to be duly sworu. Witness 'my hand this - - day of ,A. D.IB-. Referee in Bankruptcy. - District of , ss : Personally appeared tbe witbin named IIud severaJly made oath that they will fully and fairly appraise tbe aforesaid real and personal property according tG tbeir best skill and judgment. / Subscribed and sworn to before me tb.is - day of _ __ A. D.189-. --- ---, IOfficial character. J •

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FORMS IN BANKRUPTCY. 97 We, the undersigned, having been notified that we were appointed to estimate and appraise t he real alld personal property aforesaid, have attended to the duties assigned us. and after a strict examination and careful inqniry, we do esti· mate and appraise the same as follows : DoilAn. CenLl, '. In witness whereof we hereunto set our hands, at - - this - day of I A. D. 18-. 60179°-10-7 r '. r .. '

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98 FORMS IN BANKRUPTCY. ,1 [FORM No. 14.] ORDER OF REFERENCE. In the District Court of the United States for the - - - Dis· trict 01"--- In the matter of ,... Wbereas , of I in the county of - - - and district aforesaid, 011 the - - dar of , .A. D . 18-, was duly adjudged a bankrupt upon" petition ftled in tbis eourt by [or, against] him on the - - day of , A . D. 189-, according to t he provisions of the auts of Congress relating to bankruptcy, It is therenpon ordereo, that sai,l ma tter be referred to - - - - - - , oue of the referees ill bankruptcy of this court, to take such further proceedings tu erein as are required by said acts; aud t hat tbe said - - - shall attend before s"id referee ou the - day of at ' , and thence· forth shall submit to such orders as may be made by said refer~e or by tbis cour t relating to said bankruptcy. Witness the Honorable , judge of the said court, ,. aud the seal thereof, at , in said district, on tbe - day of , A. D. 18- . I - - - -, ! theswor oourt. Olerk.

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FORHS IN BANKRUPTCY• 99 • [FORM No. 15.) ORDER OP REPERENOE IN JUDGE'S ABSENCE. In the District Court of the United States for the Dis- trict of--- In the matter of • In Bankruptcy • ,j Whereas on the - day of , A. D. 18-, a petition l was filed to have , of , in the county of - - - and district aforesaid, adjudged a bankrupt according to the provisions of the acts of Congress relating to ba nk- ruptcy ; and wbereas tbe judge of said court was absent from said district at the time of filing said petition [or, i" caBe of iuvolu"tao'Y ba"k""ptcy, on tbe next day after the last "' day on whicb pleadings might bave been fil ed, and none bave beeu filed by tbe bankrupt or a ny of bis creditors], it is thereupon ordered that t he said matter be referred to ___ -- - , one of the relerees in bankruptcy of this court, to consider said petition amI take such proceedings t herein as are reqnired by said acts; aud tbat tbe sl\id shaJJ atte nd before said referee ou the - - day of , A. D. 189- , at - - Witness my hand a nd the seal of the said court, at - - -, in said district, on the - day of , A. D. 189-. - - - -, Oltrk. , " •

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100 FORMS IN BANKRUPTCY. [FORM No. 16.] REFEREE'S OATH OF OFFIOE. I, , do solemnly swear that I will administer justice without respect to persons, aDd do eqnal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform 811 the duties incumbent on me as referee III bankruptcy, according to the best of my abilities and und er· standing, agreeably to the Constitution and laws of the United States. So help me God. Subscribed and sworn to before me tbis - - day of - - - A.D.1B-. ----, Dis/rict Judge . • [FORM No. H.] BOND uF REFEREE. Know .11 men by these pretients: Tbat we of - - - - - - as principal, and of - - - - - - and of , as sureties are held and firmly bound to the United States of America in tbe sum of - - - dollars, lawful money of tbe United States, to be paid to tbe said United States, for tbe payment of which, well and troly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, by these presents. Signed and sealed this day of , A. D. 189-. Tbe condition of tbis obligation is such that wbereas tbe said , bas been on the - - day of , A. D. 1B-, appointed by the Honorable ,judge of tbe district court of the United States for tbe dlstrict of ,- - - - , a referee in bankruptcy, in and for the county of , in said district, under the acts of Congress relating to bank. ,)t~ ruptcy. ''1 lr, , l' :; ~ ---------Jl

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FORMS IN BANKRUPTCV. 101 ! Now, therefore, if the said sball well and faith · fully discbarge and perform all the duties pertaining to the said office of referee in bankrnptcy, then th18 obligation to be void; otherwise to remain in full force and virtue. Signed and scaled in the presen ce of - - - - , [L. s.J - - - - , [L. s.j - - - - , [L.S.j Approved this - - day of - - - A. D. 189-. ----, Dist"ict Judge. [FORM No. 18.j NOTICE OF FIRST MEET I NG OF CREDITORS. III the District Court of the United States for the - - Dis· trict of - - - . In Bankruptey. -,r In the matter of JIl Bankruptcy. Bankrllpt . To the creditors of , of , ill thc o.ounty of , aud district aforesaid, " bankrupt. Notice i. herehy given that on the - - day of A. D. 18-, the said was duly adjudicat('d bankrupt; ami tbat the IIrst meeting of bis creditors will be beld at ill , , 00 the - - day of~ , A. U. 18-, at - o'clock in the noon, at which time the sa.id credo itors may a.ttend, prove their claims, appoint a trustee, examine ? the bankrupt, and transact sucb other business as may prop· " erly come before said meeting. - - - -, Referee in Bankruptcy. __ _ ,18-. r r

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109 FORMS IN BANKRUPTCY. .', [FORM No. 19.1 LisT OF DEBTS PROVED AT FIRST MEETING. In the District Court of the Uniteu States for tbe Dis- trict of - - - In tbe matter of In Bankruptcy. JF . '1 Bankrupt . 'I \~ , At , in said district, on the - - day of , A. D. 18-, before , referee in bankruptcy. \'J The follow ing is a list of creditors who bave tbis day proved tbeir debts: ,. Namea of creditors. Reelde.IIC6. Dtlbts proved. Doll• . eta. ..

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FORMS IN BANKRUPTCY. 103 [FORM No. 20.] GENERAL LETTER OF A1'TORNEY IN FACT WHEN OREDITOR I S NOT REPRESENTED BY ATTORNEY AT LAW. In the District Oonrt of the United States for tbe Dis· trictof-- In the matter of In Bankruptcy. Bank'Tupt . • To---- I, , o f , in the connty of and State of ,do hereby autborize you, or anyone of you, to attend I the meeting or meetings of creditors of the bankrupt aforesaid ·\ at n conrt of bankruptcy, wherever advertised or directed to be holden , on the d ay aud at the hour appointed and notified by said court in said matter, or at sucb other place and time as may be appointed by tbe conrt for holdiug such meeting or meetings, or at which sllch meeting or meetings, or any ad· journment or adjonrnments thereof may be beld, and then and there from time to time, and as often as there may be occasioll, for me and ill roy name to vote tor or against aoy prol>osal or resolution that may he tben submitted uuder the acts of Oon· gress relating to baukruptcy; an,l in the choice of trustee or trustees of the estate of the said baukrupt, aud for me to asseut to sucb appointment of tmstee; and with like powers to attend and vot~ at any other meeting or meetings of credit· ors, or sitting or sittings of the court, which may he held therein for any of the purposes afore.aid; also to accept any composi· tion proposed by said ballkl'Upt in sati sfaction of bis dehts, aud to receive payment of dividends and of money due me under auy corupositiou 7 and for any otbel' pnrpose in my inter- est whatsoever, with full power of substitution. • In witness whereof I have bereunto signed my uame aud affixed my seal the - day of • A. D. 189-. - - - - . [L. s.] Signed, sealed, and delivered in presence of- Acknowledged before me this- day of - -, A. D. 189-. , ------, [Official chIJracu...\

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• 104 FORMS IN BANKRUPTCY. J " • [FORM No. 21. ) ( \ SPECIAL LE'l".l'ER OF A'1'TORNEY IN FA-Cl ', .; J n the matter of .. In Bankruptcy. " Bankntpt . To---- I [I, • I hereby authorize you, or any oue of you, to attend t he meeting of creditors ilJ this matter, advertised or direct.cd to be ·r boldenat ,onthc - - dayof , before ,or a ny I adjo urnment tbereof, and tbeu a nd tbere for - - - and in name to vo te for or agaiust any proposal or resolu+ tion tbat may be lawfully made or passed at such meeting or adjourn ed meeting, and in the choice of trustee or trustees of t be estate of tbe said baukrUl)t. [L. s.j In witness ,whereof I have hereunto signed my name and affixed my seal tbe - - day of , A. D. 189-. Signed, sealed, aud de livered in presence of- - - - -- Acknowledged before me tbi8-- day of--- , A. D.1S-. - - -- , (Officia l characte,..)

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FORllS IN BANKRUPTCY. 105 [FORM No. 22. ) ApPOrNT'fENT OF TRUSTEE BY CREDITORS. In the District Court of the United States for tbe Dis· trict of - - - I II tbe matter of < In Baukruptcy. Batlkrupt . , • At 18-, before , ,iu sai,l district, 011 tbe - - day of , referee in bankruptcy. ,A. D. Tllis being tbe day appointed by the court for the first meet- ing of creditors in the above bankruptcy, and of which dno notice has been given in the [here in.ert the "ame. of the "ew,· r papers in w hich 'notice was published], we, whose Dames are here- under \vritten, being tlle majority in number aDd in amount of claiws of tbe creditors of tbe said bankrupt, ,vhose olaiws have heen allowed, and who are present at tbis meeting, do b ereby appoint , of , in tbe connty of Bud State of , to be tbe tr·n.tee- of the said bankrupt'. ~r estate and etrects. I Slgnll.turee of credlwrl. RMldellcei or tbe lame. Amount. or debt. non •. e... Orolered tbat the above appointment of trustee- be, and the sawe i. hereby approved. ----, Ref.,.e. i" Bankruptcy. r ,

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106 FORHS IN BANKRUPTCY. [FORM No. 23.1 ApPOINTMENT OF TRUSTEE BY REFEREE. In the District Court of the United St..tes for (.he Dis- trictof--- In the matter of In Bankruptey. Bankrupt. At , io said district, on the - - day of , A. D. 18-, before , referee in bankruptcy. This being tho day "ppointcd by the court for the first meet- ing of cre!litors IIl1der the said bankruptcy, I\nd of wbich due notice has been gh'('n in the Ihere insert tlte names of the tuncs· papers in 'lrkich notice was published] I, the uudersigned reteree of th ~ said coort ill bankrnptcy, sat at the time aud place above wentiolled, pursuant to such notice, to take the proof of debt>! alld fOl' the choice of trnstee nuder the said bank- ruptcy; and I do hereby certify that the creditors whose claims ." had beeu ItUowed aud were present, or duly represented, failed to mako choice of a trustee of .aid ban krupt's estate, nnd thore. fore I do hereby appoint , o f , ill tbe couoty of and State 01' , '" trn8tee of the same. ----, Reler.. in Bankruptcy. ."i;.'I ' \' ,

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FORMS IN BANKRUPTCY. 107 [FORM No. 24.] NOTIOE TO TRUS'rEE OF BlS ApPOINTMENT. In the District Court of the United States for the Dia· trictof - - - In tbe matter of In Bankruptcy. I Bankrltpt . To . , of , in the coonty of , and district aforesaid: I bereby notify you that you were duly appointed trostee [or one of the trustees] of the estate of the above·named bankrupt at the first meeting of the creditol'., on the - day of , A. D.18-, and I have approved said nppointment. The penal sum of your bond ... such trustee has beeu fixed at - - - dollars. You "re required to notify me forthwith of yonr acceptance or rejection of the trust. Dated at the - day of - - , A. D. IS--. " r, ----, Referee in Bank-ruptcy.

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108 FORldS IN BANKRUPTCY. I [FORM No. 26.] BOND OF TRUSTEE. , .:--.=.i Know aU men by these presents: Tbat we, - - - , as principn.1 1 and , of - I and - - - ,of .. - - - - , of , as snreties, are held and firmly houud uuto the United Statea of America io tbe sum of dollltrs, in lawful money of the United States, to be paid to the said United Stntes, for wbich payment, well and truly to be made, we biud ourselves and our beirs, executors, nnd administrators, jointly and severally, by tbese presents. Signed and sealed this - - day of , A. D. 189-. The condition of this obligation is sucb, tbat wbereas tbe above-named was, on the - - day of , 1 A. D. 189-, appointed trustee iu the case pending in bank· ruptcy iu said court, whereiu is the bankrupt, aod be, the said ,has accepted said trust with all the duties and obligations pertaining thereunto: Now, therefore, if tbe said , trustee as afore- said, sball obey such orders as said court may make in relation to Raid trust, and shall faithfully and t ruly account for all the moneys, assets, ""d elfacts of the estate of said bankrupt wbich sball come into his hands and lJOssessiou, and .b ..n in all respects faitbfully perform all l,i8 official duties as s"id trustee, tben this obligation to be void; othel'wise, to rema.in in full force aud virtue. Signed aud sealed in presellce of- - - - - , [SEAL. J - - - - , [SEAL.] - - - - , [SEAL.]

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FORllB IN BJ.NKRUPTCY. 109 [FORM: No. 26.] ORDER ApPROVING TRUSTE E'S BOND. At a court of bankruptcy, held in and for the --District of , at , this - day of , 189-. • BeforA , referee in bankruptcy, in t he District Oourt of the United States for the - District of - - - In the matter of In Bankroptcy. Bankrupt . It appearing to tbe Oourt , of , aud in said district, bas been duly appointed trostee of the estate of tbe above· named bankrupt, and has given a bond with soreties for the faitbful performance of bis official Guties, in tbA amount fixed by the creditors [or by order of tbe court], , to wit, io the sum of dollars, it is ordered that the said bond be, and the same is hereby, approved. ----, Eiferee in BankruptC!I.

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110 FORMS IN BANKRUPTCY. [FORM No. 27.] ORDER TIlAT NO TRUSTEE BE ApPOINTED. In the District Oourt of the United States for the - - District • of-- • In the matter of In Bankruptcy. Bankrupt . It appearing that the schedule of the haukrupt discloses no assets, and that no creditor has appeared Itt the first meeting, and that the appointment of a trustee of tho bankrnpt's estate is not now desirable, it is hereby ordered th"t, until further order of the court, no trustee be appointed and no other weeting of the creditors be caJJed. - - -- , Referee in Bankr·"ptcy. ,~ ."

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, i'OBIIIl tlII JUNIIllUPTCY• 111 • [FORM No. 28.] ORDER FOR EXAMINATION OF BANKRUPT. In the District Court of the United States for the Dis- trict of - - - , In the matter of In Bankruptcy. Bankrupt. r. ~ At , on the - - day of , A. D. 18-. rr Upon the application of - - • trustee of said bank· rupt [or creditor of said bankrupt], it is ordererl that ...id bankrupt ..ttend before , on~ of the referees in bankruptoy of this court, at on the - - day of , at - O'clock in the - - noon, to 8ubmit to pxamination under the acts of Congress relatiug to bankruptcy, and tbat a copy 01 this order be delivered to him, the ssirl bankrupt, fortbwiU!. 'n - - - - - - , R.f..... Bankr"ptcy. , , t II .-

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112 FORMS IN BANKRU.PTCY. [FORM No. 29.1 EXA.MINATION OF BANKRUPT OR WITNE SS. In the District Court of t he United States for the DiB· trictof-- - In the matter of In Bankruptcy. Bankrupt. ., At , in said district, on the - - day of , A. D. 1&-, before , one of the referees in bankruptcy of said court. - - - - - - , of , in the COl1Dty of - - - , and State of , being duly Sworn and examined at the time a nd place above mentioned, upon his oath says. [He,.e inHert .1th· .tORtee 0/ "",amination 0/ party.) - - - - - - , Re/eree in Bank,·uptcy.

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FObS IN BANKRUPTCY. 113 (FORM No. ~O.l StnIlMONS TO WrrNESS. To---- Whereas , of ,in the county of , and Stata of , has been duly adjudged bankrupt, and the proceeding in bankruptcy is pending in the District Conrt of tha Ull ited States for the District of - - - , These are to require you, to ,vitom this ~llmmO u 8 is directed, "arsoo.lI.y to be a ud "ppear before , one of the referees in bankruptcy of tbe said court·, at ,on the - day of , at - O'clock in the --nOOD, then alld there to be axamilled in relation to said bankruptcy. Witn .. ~ Iha Honorable Judge. of said court, and tha .aal thereof at , tbis - - day of , A. D. 18n-. - - - -,Olwk. •

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114 FORHS IN BAlfKRUPTOY. RETURN OF SUMMONS TO WITNESS. • In the District Court of the United States for the Dis· triotof-- In the matter of In Bankrnptcy. Bankrupt . On this - - day of , A. D. 18-, before me came - - - - -- , of ,in the county of and State of - - , and makes oath, and says that he did, on , the - day of , A. D. 189-, personally serve ,. of , in the COtlDty of and State of , with a trne copy of t he summons hereto ,mnexed, by delivering the ....me to bim; and he further make. oath, atld says that be is not interested in tbe proceeding in bankrnptcy named in said snmmoDS. Suhscribed and sworn to before me this - day of - - -, A. D.11>-. I. •

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FOU8 IN BANKRUPTCY. 115 [FORM No. 31.] PROOP OF UNSEOUBED DEBT. In the District Oourt of the United States for the Dis· trictof-- In the matter of In Bankruptcy. BanknllJt . At , ill .aid district of , on the - day of - - - , A. D. 189-, came , of , in t he county of , in said district of , and made oath, and says that , the persoD hy [or agaiustJ whom a petitiou for adjudication of ballkruptcy has heen IIled, wa. nt aud before the filing of said petitioll, a n'd still is, j ustly aud truly indebted to said deponen t in the sum of dollars ; t hat the cousideratiou of ... id debt i. as follows: _ _ _ __ tbat no part of said debt ha. been paid lexcept _ __ __ - - - -- J; that there are no set·off. or counterclaims to the .ame Iexcept I; ami that deponent has not, nor bas any person by his order, or to his knowledge or belief, tor bis' use, bad or received any manner of security for said debt whatever. ----, Orediwr. Subscribed aud sworn to betore me this - - day of - - - A. D.l~. -~--, IOJficiat aharMter.j

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116 FOIWS IN BANKRUPTCY. • [FOIrn No. 32. J PROOF 011 SECUBED DEBT. In the District Oourt of the United States for the Dis- trictof - - - In the matter of In Bankruptcy. Bankrupt. At ,iu said districto!' ,ou t~ e--dayof , A. D. 189-, came , of , in the county of ___ , in said district of ,and msde oatb, and says that • ___ ---., t~e •person by [0" against] whom a petition for adjudication of bankruptcy bas been filed, "'as at aDd before t tbe filing of said petition, and still is,j nstly and trn.ly indebted to said deponent, in tbe sum of dollars; tbat tbe con· sideration of said debt is os follows _ _ _ _______ tbat no part of said debt bas been paid [except ]; tbat I.here are no sct offs or counterclaims to the same [except -----:-:- 1; and tbat tbe only securities IlCld by this depo· nent for said deht are tbe following : __________ ----, Oredit,l)r.' • Subscribed and sworn to before mb tbis - - day 01' _ __ A.D.-. , ,, [Official character. J Ii ...1

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FORMS IN BANKRUPTCY. 117 [FORM No. 33.1 PROOF OP DEBT DUE CORPORATION. In the District Oourt of the United States for the Dis. trictof--- In the matter of In Bankrnptcy. B"",k,upt . At , in said district of , on the - day of - - - , A. D. 189-, came , of , in the county of--- and State of , and made oath and says that he is of the , a corporation incorporated by and under the laws of the State of ,aud carrying au business at ,in the county of and State of , and that he is duly authorized to make this proof, and says that the said , the person by [or against] whom a peti. tion for adjudication of bankruptcy has heen filed, was at and before the filing of the said petition, and still is justly and trnly indebted to .aid corporation in the sum of - -- dollars; that the consideration of said debt is as follows: that no part of said debt bas beeu paid [except _ _ _ __ •• - - - - - - -- - - -- --1; that there are no setoffs or counterclaims to the same [except _ __ ____ _ __ - - - - - - - - - - - - -1j and tbat said corporation bas not, nor has any person by its order, or to tbe knowledge or belief of said deponent, for ite use, had or received any manner of security for said debt whatever. - - - -, - - - of said Oorporation. Subscribed and sworn to before me this - - day of - - - A. D.18-. - - - -" [Official cnarater.l • •

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118 FORMS IN BANIffiUPTCY. [FORM No. 34.1 PROOF OF DEBT BY PARTNERSHIP. IB the District Oourt of the United States for the Dis- trictof - - - In the matter of In Bankruptcy. Bankmpt . A t , in said district of ,011 tho - - day of , A. D. 189-, came , of , ill the county of - - -, in said district of , and made oath and says that he is one of the firm of , consisting of himsolf and , o f , ill tI,e county of and State of ; tbat tile said , the person by [or against1 whom a petition for adjudication of bankruptcy has been filed, wa. at and before tbe filing of said petition, and still is, justly and truly indebted to this .Iellouent's said firm iu the sum of ---dollars; that the consideration of said debt is as follo ws: ----------------------i that no part of said debt hRS been paid [except 1i tbat there are no set-offs (II' counterclaims to the same [except - - - - - - - - l i aud this deponent has not, Dor ba~ his said ilrm, nor ba. any person by tbeir order, or to tbis depo- nent's knowledge or belief, for their use, had or received auy waDDer of security for s8id debt whatever. ----, Oreditor. Subscribed and sworD to before me tbis - day of-__ A. D.1II-. ----, [Offioia! charaoter.]

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FORHtI IN BANKRUPTCY. 119 [FORM No. 35.] PROOP OP DEBT BY AGENT OR ATTORNEY. In the District Oourt of the IT nited States for the Dis· trictof-- In the matter of In Bankruptcy. Bankrupt. At in said district of on the - - day of--- A. D. 189-, came , of , in tbe county of - - - , and State of , attorney [or authorized agent] ot , in the county of · , aud State of , aud made olith and says tbat , the persoll by [or against] whom a petition for adjudication of baukruptcy bas been tiled, was at and before tbe tiling of .aid petition, and still is, justly ami truly indebted to tbe said - - , in tbe snm of dollars; tbat t he consideration of said debt is as ftlllows: _ _ __ _. ___ _ ___________ that no part of said debt bas been paid [except _ _ _ _ __ ----------------~----- ]; and that this deponent bas not, nor bas any· pe",on by biB order, or to this deponent's knowledge or belief, for his use • bud or received any manner of security for said debt wbat· ever. And this deponent furtber says, tbat this depositiou can not be made by the claimant in person heeanse' _ __ _ ---- - --- ------------ - ----, and tbat be is dnly autborized by bis principal to make tlli. affidavit, and that it is witbm bis knowledge that tbe ufore- said debt was incurred as and for tbe consideration above .bltted, and· that such debt, to the best of his knowledge aud belief, still remains uupaid and unsatisfied. Subscribed and sworn to before me thi.-dayof--- .A.D. 18-. ----, [Official oAaraclW.]

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120 FORMS IN BANKRUPTCY. [FORM No. 36.] ,, l'ROOF OF SEOURED DEBT BY AGENT. In the District Oonrt of the United States for the - - - Dis· ", i trictof--- In t he matter of Bankrupt. In Bankroptcy. ., ! • •) At ,in saiel district of A. D. 189-, came , of ,on the-- day of , , in the county of - ___" and State of , attorney [or, authorized agent] ! of , in the connty of , and State of , and made ',r oath, and says that ,the person by [or, against) J whom a petition for adjndication of bankruptcy has heen tiled, was, atand beforetbefilingofsaid petition, and still is,justlyand trnly indebted to tbe said in the sum of - - - dollars ; that the consideration of said debt is as follows: that no part of said debt bas been paid [except _ __ _ __ - - - - - - - - - -- - - - - - - - -- 1; that there are no setoffs or counter claims to the same [except , - - - - - - - - - - - - - - -]; and that the only securities held by .aid - -- for said debt " \ are the following _ _ _ __ _ _ _ _ _ _ _ _ _ __ • ;> -~~~--~-~--~-~~---------- , and this deponent further .ays that this deposition can not be made by the claimaut in person because _ _ _ _ _ _ __ l t\ and that he is duly authorized by h'is principal to make thi~ deposition, and that it is witbin his knowledge that tbe afore. ':~ said debt was incurred as and for the consideration "bove stated. d"\ Subscribed and Sworn to before me this - day of _ _ _ , '\'11 A. D. IS--. --- ---, . .I', '. .' 1 [Officialoharacter.] l' ) '\

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FORMS IN BANXliUPTCY. 121 [FORM No. 37.] APFIDA.VIT OP LOST BILL, OR NOTE. Iu the District CourL of the United Stat.es for the Dig. trictof-- In the matter of Iu Bankruptcy. Bankrupt . On tbis - - day of , A. D. 18-, at , came - - - - - - . of , in t he connty of , and State of ,. and makes oath and says tbat tbe hill of excbange [or note], the particnlars whereof are underwritten, has been )Oijt under the following circnmstances, to wit, _ _ _ __ _ and that he, this deponent, has not been able to find tbe same; and tbis deponent further says tbat be bas not, lIor bas the said , or any person or pel'sons to tbeir use, to this deponent's knowledge or belief, negotiated tbe said hiJI [or note], nor in any mauuer parted with or assigned thA legal or beneficial interest therein, or any part tbereof; and that he, this deponent, is tbe persou' now legally and beneficially inter· ested in the same. BUt or '!tote abODe refn'f'td 10. na... Drawer or mater. Ac~ptor. Sum. . . Subscribed aud sworn to before me this - - day of - - - , A. D.l8-. ----, (O.Qicill1 char_.) •

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122 FORMS IN , BANKBUPl'CY. • [FORM No. 38.] ORDER REDUOING OLAIM. 10 tbe District Oourt of tbe United States for tbe - - - Dis· trictof - - - • In the matter of In Bankruptcy. Bankrupt . At - - - , in said district, on the - - day of - - - , A. D. 18-. Upon the evidence submitted to this court upou the claim of against said estate [and, if the lact b. 80, upon hear· ing connsel thereon], it is ordered, tbat the ..mount of said olaim be reduced from the sum of , as set forth in tbe affidavit in proof of claim filed hy said creditor in sRid case, to tbe Bum of , and that tbe latter·uamed sum be entered upon tbe books of the trustee a. the true 8Ulll upon which a dividend .h"ll be COlllPuted [i/10itk ;ntere.t, with interest thereon frolll the - - day of , A. D. 18-]. - - --, R eleree in Bankruptoy. - _.- - --

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F01lM.8 : IN IlANJ[RUP'I'OY. 123 [FOlnr No. 39.] ORDER EXPUNGINO OU.lM. In the District Conrt of the United States for the Dis· trict of--- In tbe matter of In BI\nkl'nptcy. Ballkrupt . At - - - , in .aid district, on tbe - - day of---, A. D. 18-. Upon the evidence submitted to the conrt npon the claim of - - - against said estate [and, if the fact be 80, npon bearing couusel thereon], it is ordered, that said claim be disallowed and expnnged from the list of c1ai",s upon tbe trustee'. record in said case. --- ---, Referee," Bankruptcy:

Page 217

124 FORKS IN B.olNKIlUPTCY. [FORK No. 40.] LIST OF OLAIMS AND DIVIDENDS TO BE REOORDED BY REFEREE AND BY RIM DELIVERED TO TRUSTEE. In t he District Oourt of the United States for the - -- Dis· trict of--- 10 the matter of • In Bankruptcy. • Ba"kr"pt . At , in said district, 00 the - day of - - - A.O.1B-. ..4 II"01 debt. proved o'lld claimed ""der 'he bankruptcy oj - - - , wUh. - - dividend at the rate of - per Of'" tAil day dtolart d thereon by - - - , G rojtJret- in ba"k,.Ilptog. Credltohl . N • . [To be fl&ced alphabetically, and the namea of a1 the pardee to the proof to be car. SUDl proved . nlvldond. tP.U, set. (orot.) - Dollars. Centlll. Dollan. Ceata. . • - - - -, Re/er•• in Bankruptcy. •

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FOIUI8 IN BA.NKRUPTCY. 125 [FORM No. 41.] • N OTlOE OF DIVIDEND. In the District Gourt of the United Statea for the Dis· trict of--- In the matter of In Bankruptcy. Bankrupt. At - - - , au the - day of---, A.D. 18-. To - - - - , Greditor of • bankrupt: I hereby iuform you that yon may, on application at my office, • on the - day of , or on any day there- after, between the bours of - , receive a warrant for the ---dividend dne to yon out of the above estnte. If you can not personally attend, the warrant will be delivered to your order all your filliug up and signing tbesllbjoined letter. - - - - - - , Trustee. UREDlTOR'S LETTER TO TRUSTEE. To-- , Trnstee in b,mkrulltcy of the estate of - - - - - - bankrupt: Please deliver to the warrant for dividend payable out of the said estate to me. - - - - - - , Oreditor.

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, 126 FORKS IN BANKRUPTCY. (FORM No. 42.] PETITION AND OEDER FOR SALE BY AUOTION OF REAL ESTA.TE. In tbe District Oourt of tbe United States for tbe - - - Dis· trict of • , In the matter of In Bankruptcy. , Ban>krupt . Respectfolly represents , trustee of tbe estate of said bankrupt, tbat it would be for the benefit of said estatc tbat a certain portion of the real estate of said bankrupt, to wit: l"..·e describe it and its estimated vaZ1le]sbould be sold by auction, in lots or parcels, and upon terms and conditions, as follows :__ Wberefore be prays tb"t he may be anthorized to make .ale by anctiou of .aid real estate as aforesaid. D"ted this - day of , A. D. 1S-. - - - - - - , Tr"~t.e. The foregoing petition baving been dnly filed , and having come on for a bearing before me, of which bearing ten da.ys' notice was giveu by ruail to creditors of said bankrupt, now, .~ after due hearing, 110 adverse interest heing represented tbere"t [or after bearing iu favor of said petition and in opposition tb ereto], it is ordered th"t the said trustee he authorized to seU tbe portion oftbe bankruplls real estate specified in the foregoiug petition, by auction, keep. iug au ,,"curate account of each lot or parcel sold and tbe price .. received tberefor and to wbolD sold; wbicb said account be I shall file at once with the referee. Witness my band this ~ day of , A . D. 189-. ----, Be/eree j" Bankruptcy. ' \

Page 220

1I0RMS TN BANKRUPTCY. 127 [FORK No. 43.] PETITION AND OBIlER 1I0R REDEMPrION OF PROPERry FROM LIEN. In the District Oourt of the Uuited State. for the Dis- trictof - - In the matter of In Bankruptcy. Bankrupt . Respectfully represents , trustee of tbe estate of said bankrupt, that a certain portion of s"id bankrupt's estate, to wit: [here describe the ..tate or property and its esti· ,natea value] is subjeot to a mortgage [describe the ,no,·tgage], or to a conditional contract [describing it], or to a lien [describe the origin and nature 0/ the lien], [or, if the property be personal property, has heen pledged or deposited and is subject to a lieuj for [describe the nature 0/ the lien], aud t.hat it would be for the benefit of the estate that said property sbould be reo deemed aud discharged from the lien thereon. Wherefore he prays that he may be empowered to payout of tbe assets of said estate in his hands tbe sum of , being the amonnt of •• id lien, in order to redeem .aid property tberefrom. Dated this - - day of , A. D: 18-. . ,~~ Tbe foregoing petitiou baving been duly filed and baving come 011 for a hearing before me, of wbich beariug teu days' nuticn was given by mail to creditors of said bankrupt, now, after dne hearing, 110 adverse interest being repre.ented thereat [or after hearing in favor of said petition and - - iu opposition thereto], it is ordered that the said trustee be Buthorized to pay ont of the assets of the bankrupt's estate sreciHed in the foregoing petition tbe sum of , beiug tbe amount of the lien, in order to redeem the property therefrom. Witue.. my hand tbis - dRY of , A. D. 189-. ----, Be/er.. in Bankruptcy:

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128 FORMS IN BANKRUPTCY. [FORM No. 44.] PETITION AND ORnER POR SUE SUllJEO'r TO LIEN. In the District Court of tbe United Stales fOl' the Dis· trietof-- In tbe matter of , In Bankruptcy. Ba,.kffipl , • &spectflllly represents , trnstee of the estate of said bankrupt, tbat a certain portion of said bankrupt's estate, to wit: [here describe Ihe estale or prope'r ly and il.t ..ti,.nated value] is subject to " mortgage [describe ,"orlgage], or to a conditional contract [describe itl, or to a lien [de,cribe tI,e origin and nallt!'e of Ihe lie"l, or [if Ih . properly be persona l properly] bas been pledged or deposited and is subj ect to a lien for [describe Ihe 1Iall,re of tI,e lien], nnd tbat it would be for the bellefit of tbe said estate that said property sbould be sold, subject to sa.id n~ortgage, liell, or other incumbrance. Wberefore be prays that be may be autborized to make .ale of said property, subject to the incumbrance tilereon. Dated this - - day of , A. D. 189-, - - - - - - , Trusl ... Tbe foregoing petition having been duly filed and having come ou for a hearing LJefor~ me, of whicll liearing ten days' notice was given by mail to creditors of said bankrupt, now, after due hearing, no adverse interes~ heing represented thereat [or after hearing in favor of said petition and in opposition thereto], it is ordered that the said trustee be authorized to sell the portion of the bankrupt's estMe specified ill the. foregoing petition, by auction ror, at privatc ."Iel, keeping au "Murate accouut of the property 'sold ,II and the price received therefor, and to wbom sold; which ~"id acconnt he shall file at ollce with the referee. Witness my band tbis - day of , A. D. 189_. ----, Referee in Bankruptcy. • \

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FORMS IN BANKRUPTCY. 129 [FORM No. 45.1 PETITION AND ORDEE FOR PRIVATlI SALB. In the Distriot Court of the United States for the - - Dis· trictof--- In the matter of In Bankruptcy. Bankrupt Respectfully represents ,dilly appointed trustee of the estate of the aforesaid bankrupt. That for the following reasons, to wit, _ _ __ _ _ __ _ it is deijirable aDd for the best illterest of the estate to sell at private sale a certaiu portiou of the said estate, to wit: _ _ _ Wherefore be prays that he may be a utborized to sell the said property at private sale. Da",·d tbis - - day of , A. D. 189-. - - - - - - , TrUltee. Tbe foregoing petition baving been d nJy filed and having come on for u. hea.ring before me, of which hearing ten days' notice was given by mail to credItors of said bankrupt, now, after due hearing, no adver~e interest being represented tbereat [or after bearing in favor of said petition and in opposition thereto I, it is ord(lred that tbe said trustee be authorized to sell tbe portion of tbe bankrupt's estate speciJied in tbe foregoing petition, at private sale, keep· ing an accorate oocount of each article sold aDd the price rooei ved therefor and to whom sold; which said acconnt he r shall file at once wit,h tbe referee. Witness my hand this - day of , A. D. 189-. I - - - -, j Referee in Rant-rupley. • 60179°-10-9

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130 FORMS IN BANKRUPTCY. [FORM No. 46.] PETITION .il!D ORDER POR SALE OJ! PERISHABLE PROPER1'Y, In tllo District Court of the \Tnite

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FOBliS IN BANKRUPTCY. 131 [FORM No. 47.J TBUSTEE'S REPORT OF EXEMPTED PROPERTY. In the District Oourt of the United States for the Dis· trictof-- - In the mattcr of In Bankruptcy. Bankrupt. At , on the - day of , 18-. The following is a. schedule of property designated aud set apart to be retained by the bankrupt aforesaid, as his own property. under the provisio"s of the acts of Oougress relating to bankruptcy. General bead. Pat1.1onla.r de8Cript.ioD. Valoe. J41l1tal'1 uniform. arme, ud Dolle. CtI. eqalpmeuil ..... . . . ... .. .. ... . . Proport.y esempt.ed by State l&....a. , Tr1Utu.

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182 FOBHS IN BANKRUPTCY. 1 I • , [FORM No. 48.1 TRUSTEE'S RETURN OP NO ASSBTS. '\ ,I In the District Court of the United States for the - - - Dill· trictof - - ... ' JI , In the matter of In Bankrnptcy. ,• Bankrupt . At - - -" in said district, on the - day of - - - , A. D. lS-. On the day aforesaid, before me cemes , of - - - , in the cenoty of and State 01' , and makes oatb, aud says that he, as trustee of the estate and effects of the above·named bl\okrupt ,neither received nor paid any moneys on aeooont of the estate. Subscribed and sworn to before me at , this - day of , A. D. lS-. !J' -----, Rifer•• in Bankruptcy. 'I •l '~] I t

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FORKS IN BANKRUPTCY, 133 • oj o I~ oj -.a Ii oj ~ '. • :l -l r ...-I ,.. .'" -•• -~ '= '§ 0 ~ t1 •• " ci ~ .. '. .. i- ". 0 ., - , )I :>I 0 I< E- O 0 0 •• "• ~ 0 0

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-134 FORKS IN BANKRUPTCY. [FORM No. 50.] OATH TO FINAL AOCOUNT OF TRUSTEE. • I In the District Court of the United States for the - - Dis· trictof - - In the matter of In Banktuptcy. Bankrupt. . . ',I . ..• \ , On this - - day of , A. D. 18-, before _ comes - - - - - - , of , in the county of and State of - - - , aud makes oatb, and says tbat he was, on the-- day of , A. D. 18-, appointed trustee of the estate and eft'ects of the above· named bankrupt, and tbat as sucb trustee he bas conducted tbe'settlement of the said estate. That the account hereto annexed containing - sheets of paper, the -• ," '. , " ' ] first sheet wbereof is marked with tbe lette,· - - [nlere"ce >nay here also he made to any prior account filed by said trustee] is true, and such account contains entries of every sum of money received by said trustee on account of tbe estate and effects of the above· named bankrupt ,and that the pay ments purporting in such account to ha.ve ~en made by saiel trustee ,, ' , ,I have been so made by him. And be asks to be allowed for ... I JI " said payments Bud for commissions and expenses us charged \' L in said accouu ta. - - - - - , Tr\l8tee. I")' ,' Subscribed and sworn to before me at , in said- i l~ district of , this - day of , A. D. 18-. ----, - ~'1 . "·1 [Official character.] , . \~~ iiii----------------iJ:"

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)' FODS IN BANKIWPTCY. 135 T [FORM No. 51.] ORDER ALLOWING ACCOUN1' AND DISOHARGING TRUSTEE. In the District Court of the United States for the Dis· trictof--- Iu the matter of • In Baukruptcy. Bankrupt. The fore~oing account having been presented for allowance, aDd baving been examined aTld found correct, it is ordered, that the same be allowed, aDd that the said trustee be dis· charged of his trost. ----, R'I.,ee ,tI Batlkrup/cy. ,•

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\ ( t 136 FORlIS IN BANKRUPTCY. , ,I (- ·- 'I [FORM No. 52.] - PETITION POR REMOVAL OP TRUSTEE. .' In the District Ccurt of the United States for the -- - Dis- trictof-- -,.. _\ I " In the matter of , \ In Bankruptcy. Bankrupt . To the Honorable , Judge of the District Court for the - - District of-- - .·.' - Th~ petition of , one of the creditors of said bankrupt, respectfully represents that it is for the interest of the estate of said baukrupt that , heretofore appointed trustee of said bankrupt's estate, should be removed from his trust, for the causes following to wit: [here set/orth the partic. ular ca'U8t or causes/or tokie'" sue], rem.oval is requested.] Wherefore pray that notice may be served upon said , trustee as aforesaid, to show cause, at such time n. may be fixed by the court, why an orller should IIot be made removing him from said trust. •

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FOlUl8 IN HANKRUPTCY. 137 • • rF~M No.5a.J . NOTIOJ: OF PETITION FOR HEMOVll OF TRUSTEE. In the District Oourt of the United States for tbe Dis· trietof - - • In the matter of In Bankruptcy. Bankrupt. At - - - , on the - - day of - - - , A. D. 18-. • To--- , Trustee of the estate of , hankrupt : You are herehy notified to appear hefore tbis court, at - - - , on the - - day of , A. D. 18-, at - o'clock -. m., to show cause (if any you have) why you should not he removed from your trnst as trnstee as aforesaid, according to the l,rayer of tbe petition of ,one of tbe creditors of said r hankrupt, filed in this cOllrt on the - - day of , A. D. 18-. ill which it is aUeged [here i ....rt the allegatio.. of the petitiollJ. - - - - , Clerk. ., . I. f'

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188 FORliS IN BANKRUPTCY. • [FORM No. M.l ORDER FOR REMOVAL OF TRUSTEE. In tbe District Oourt of the United States for tile ---Dis· • trict of - - - Tn the matter of ( In Bankruptcy. • Bunkrr'pt Whereas , of , .did, on tbe - - day of - - - , A. D. 18-, present his petition to this court, praying that for the reasons therein set forth , , tbe trustee of the estate of said , bankrupt, might be re- moved: Now, tberefore, upon reading the said petition of the said ___ ---8nd the evideDl:e suumitted tberewith, all.1 upon he.~ring counsel on behalf of said petitioner and couusel for the trustee, and upon the eVidence submitted ou bebalf of s"id trustee, It is ordered that tbe said be removed from tbe trust as trus:.ee of tbe estate of said bankrupt, and tbat the costs of the said petitioner iucidental to said petition be paid by said , trnstee [or, ont of tbe estate of the ""i

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FOlU(8 III JlAN~UPTOY. 189 [FORM No. 55.] OROER FOR OHOIOE OF NEW TRUSTEE. III the District Court of the United States for the Dil!- trict of - - - In the matter of In Bankruptcy. Bankrupt• • At , ou tbe - day of , A. D. 18-. Whereas by reason of tbe removal [or tbe death or resigna.- tion] of ,heretofore appointed trustee of tbe estote of said bankrupt, a vacancy e~ists ill the ofllee of said trustee, It Is ordered, tbat " meeting of the creditors of said bankrnpt be beld at ,in , In said district, on tbe - - day of - - - , A. D. 18-, for tbe cboice of a new trustee of said estote. And it is furtber ordered tbat notice be given to said credo itors of the t ime, place, and purpose of Raid meeting, by letter to eacb, to be deposited in the mail at least ten day. before that day. - - - - - - , Refer•• in BankruplCJ/• ,.

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140 FODS IN BANKRUPTCY. • ,. • ,"" [FORK No. 56.] OERTIFIOATE BY REFEBJl:E TO JUDGE. In the District Court of the United States for the ---Dia· trict ot - - - In the matter of In Bankruptcy. Bankrupt. It. , one of the refArees of said court in bank- • ruptcy, do hereby certify that in the course of the pro~oeed ing1l in said cause before me the following question "rose pertinent to the said proceedings: [Here .tate the que.tion, a .un.",ary 0/ the evidence ..elating th ...eto, and the finding and order 0/ the ref..... thereon. ] And the said qnostion i. certified to the judge for his opio. ion tbereon. , Dated at - - , the - - day of - - , A. D. 1~. I' --- ---, Re/....e in Ban~Tuptcy. '"}. I t ~1 " ," 'I ,. t :CJ

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FORMS IN BANKRUPTCY• 141 • [FORM No. 57.1 • B.A.NlrnUPT's PETITION FOR D1SOH.A.ROE. In the matter of In Bankruptcy. Bankrupt. To the Honorable , Judge of the District Gourt of tbe United States for the District of - - - - - - - - -" of , in the county of and Stat.e of - - - , in said district, respectfully represents that on tbe-- day of , last past, he was duly adjudged baukrnpt under the acts of Ooogress relating to bankruptcy; that he has duly surrendered all bis property and rigbts of property, and has , fully complied witb all the requirements of said acts and of the orders of the court touching his bankruptcy. I" Wherefore he prays tbat he may be decreed by the court to bave a full discharge from aU debts provable against bis estate under ,said bankrupt acts, except such debts 8S are excepted by law from sucb discharge. Dated this - day of , A. D. 189--. - - - - - - , Bankrupt. ORDER OF NOTICE THEREON. 'District of , 88: On this - day of---, A. D.189-, on reading the fore· going petition, it is- Ordered by the court, that a bearing be had upon the same ." on the - - day of , A. D. 189-, before said court, at ,. _ __ , in said district, at - o'clock in tbe noon ; and that notice thereof be publisbed in , a newspaper printed in said district, and that all koown oreditors aod other ,• persons ill interest may appear at tbe said time aod place and .how canse, if any they have, why the prayer of the said peti· tioner shonld not be granted. r'" I •I

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FORMS IN BANKRUPTCY. And it is further ordered by. the court, that the clerk shall send by mail to all known creditors copies of said petition • and this order, addressed to them at their places of residence B8 stated. Witness the Honorable - - - - - - , jndge of the .aid court, and the sesl thereof, at ,in said district, on the - - day of , A. D. 189-. !t.he oourl. I s..lof - - - -, Olerk. - hereby depose, on oath, that the foregoing order WB8 puhlished in the on the following days, viz: On the - - day of - - - and on the - - " day of - - - , in the year 189-. • District of - - - - - - -, 189-. I , ~ Personally appeared , and made oath that the foregoing statement by him subscribed is true. ..I Before me, [Official character. J I hereby certify that I have on this - day of , -\, A. D. 189-, sent by mail copies of the above order, as therein . directed. ----, I Olerk. -l .'• • •

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FOB1I8 III BANKRUPI'CT. l.a [FORM No. 58.[ SPEOIFIOATfON OF GROUNDS OF OPPOSITION TO RA.IIK- RIfPT'S DISCHARGE. In the District Court of tbe United States for the Dis- trictof--- In the matter of In Bankruptcy_ • Bankrupt _ • ___ - - - , of , in the county of and State of , I> party interested in the estate of said , b .. nkrupt, do bereby oppose the granting to bim of .. discbarge from hi. debts, I>nd for the grounds of sncb -opposition do file tbe following specification: [Here specify the grounds o[ oppo- s'tion.] - - - - - - , Oredil

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144 FORMS IN BANKRUPTOY. {FORM No. 59. J DIBCHARGE OF BANKRUPT. District Court of the United States, - - - District of - - - • Whereas, of in said district, has been duly adjudged a bankrnpt, under the acts of Congress relatiug to baukruptcy, and appears to have conformed to all the reo quirements of law iu tbat bebalf, it is therefore ordered by this conrt that said be discharged frOID all debts and claims which are made provable by said acts against ilis estate, and which existod on tbe - - day of , A. D. 189-, on which day tho petition lor adjudication was filed him; . excepting sncb debts as are by law excepted from the operation ,,' of a di.cbarge in bankruptcy. Witnes8 the Honorable ,j udge of said district court, aud tbe seal thereof this - - day of , A. D. 189-. It.hSealof CIOtlrt , J ------, Olerk. < ,J , 1 , j , j \ f... J

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FORMS IN BAIIKRUPTCY•. 1~5 [FORM No. 60.1 PETITION HOS MEETING TO CONSIDER COMPOSITION. DiBtrict Court of the United States for the - - - Distric: of-- • In Bankruptcy. Ba"krupt To the Honorable , Judge of tho District Court • of the Un ited States for the - District of - - - i The above-named bankrupt respeotfnlly represent that a composition of pcr cent upon all unsecured debts, not entitled to a priority in satisfaction of - debts has been proposed by - to - - oreditors, as provided by the acts of Congress relating to bankrl.ptcy, and - verily believe that the said composition will be accepted by a ml\iority in • Dumber and in value of creditors whose claims are allowed. Wherefore, he pray that a mll4'ting of - - creditors may be duly r",lIed to "c~ npon said prallo.al for a composition, according to the provisions of said a

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146 .FOBllS IN BANKRUPTCY. ~. .'r ,-', [FORM: No. 61.] ( I ". , APPLICA.TION FOB CONFrRMATION OF OOMPOSITION. '" In the District Court of the United States, for the - District 3,- , I, of-- .~ -~ In the matter of J In Bankruptey. , -; Bankrupt. • To the Honorable , Judge of t.he District Oourt -1 of the United States for the District of - - - i ~''"""~. At , iu said district, ou the - - day of , A. D. 189-, now comes , the above·named bankrupt, r~; .....,1,'I aud respectfully represents to the court that, after he had been examiued in open conrt [or at a meeting of his credi- 1.(.,. . . tors] and bad filed in court a schedule of his property and" II list of his creditors, as reqnired by law, he offered terms of composition to his creditors, which terms have been accepted ! in writing by a m'\iority in number of all creditors whose claims have beeu allowed, which nnmber represents a majority in - ,,. II amount of such claims; that the consideratiou to be paid by the bankrupt to his creditors, the money necessary to pay all , )1 debts which have priority, aud the costs of the proceeding_, amounting in all to the sum of dollars, has beeu de- posited, subject to the order of the judge, in the Bank, of National , a designated depository of money in bank- .J ruptcy cases. • .~l ,. Wherefore tbe said respectfully asks that the said composition lDay be confirmed by the conrt. • r~ ? -. ~ - - - - - , Bankrupt. \ J'". . ) . .4- I ~1 c ...

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, FORMS IN BANKRUPTCY. 147 [FORM No. 62.) ORDER OONPffiMINO OOMPOSITION. In the District Conrt of the United States for the Dis· trict of - - - , In the matter of In Bankruptey. An application for the confirmation of the composition offered by the bankrupt having been filed in court, and it appooring that the composition has been accepted by a majority in num· , ber of creditors whose claims have been aHowell and of such allowed claims; and the consideration and the money required by law to be deposited, having been deposited as ordered, ill such place as was designated by the judge of said court, and .nbject to his order; and it alSl> appeariug that it is for the best interests of the creditor. ; and that the bankrupt bas not been gnilty of any of the acts or failed to perform any of the duties which would be a bar to h,s discharge, lOud that tho off~r and its acceptance are iu good faith and have not been made or procnred by any means, promises, or acts contrary to the acts of Congress relating to bankruptcy: It is therefore hereby ordered that the said composition be, and it bereby is, confirmed. Witness the Honorable - - -, Judge of said court, and the seal tbereof, this - - day of , A. D. 189-. I Sea'.( 1 t.be court. ! ' Cltlrk. ,

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r 148 FORMS IN BANKRUPTCY. • ( ..... , , ., [FORM No. 63.1 OBDER OF DISTRmUTION ON COMPOSITION. UNITED STA.TES OF AMEBICA.; In the District Court of the United States for the - District of - - - " In the matter of In Bankruptcy. t·· Bankrupt . J',' ,• ' ,. , t\,.> ~ The composition offered by the above·named bankrupt in . '1' this case having been duly confirmed by thejudge of said court, it is hereby ordered aud decreed that the di.tribution of the deposit shall be made by the clerk of the court as follows, to wit ; 1st, to pay tho several claims which have priority; 2d, to pay the costs of proceedings; 3d, to pay, according to the terms of the composition, the several claims of general cred,t· ors which have beeu allowed, and appear upon a list of aUowed 'S claims, on the files in this case, which list is made" part of this order. .'), Witness the Honorable - - - - - - , judge of said court, \ and the swl thereof, this - day of , A. D. 189-. I the...... ooor'- l - - - - , Olerk. , . ~ -.

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, • , INDEX TO GEN ERA L ORDERS. Or· Sec- del'. tion . P age. A.bbr&vi&tions and interlineationa in pe titions and schedules lorbiddeu . ___ __ ._ . ______ . . .. . _. ... . . ___ . 5 ... .... 50 AccountM ofmanhal ______ .... . _. __•. ... .. .. . _. . . _.. 19 .... .. . 60 referee . ___ .. . _.... _..• _. __.. ... . .. . _. . . 26 ....... 63 trustee .. . . . _•... _.... . . .. . ___._ . ___ __. . I7 · _. ... . 59 Amendments of petition a nd 8cbeduJes . _. .. __. . .. . . . 11 · -.. ... 67 Appeal8 . _.. .. ___ •........ ..•... __ . . _•• . . _._ •.•. . ... 36 L. 2, 3 66 from circuit court. of a ppeals .. . . . _. _... _~ ._ 36 2 67 courta of bankrupt.cy .. __ _. .. _. _. . .. _.• 36 2 67 8upreme courtol District of Oolumbia. _ 36 2 67 supreme oonrt of Territory . • _. _. ••••• . 36 2 67 to cirouit courte of appeal8 __.. _. . . __. . . . __ . 36 1 66 8upreme court of Territory __.. • _. . •• _•. _. 36 1 6G Supreme Court of the United StatelL __ .. . 36 2,3 67 _ Application for approval of oompositioll ........ .• . .. 12 3 58 . diacbarge of bankrupt . •.. . . ••. . . • •.. 12 3 58 r . form of . . . . •• •. . .. .. . .. ... . 31 . ... ... 65 A.ppointment and removal oftrultee •..• ... ... .. . . • . IS ... ... . 58 1 A.rbitration . . , .•• •. • . . •• •• . • ••.......•...... . . ... .• . 33 · 21 ... -3.. 65 61 Aaaignment of claims before proof .• • • •••••• ••. . . .. .. AUorney, condnot of proceed logs by • •• • ...•• .. ...... 4 ..... . . 64 execution ot letter of •• . ..••.•. . ... . . . ... •. 21 5 61 Cbecks for runney deposited . . .••... ••.... . . •... .. .. . 29 ... .. .. 64 Cirouit courte of a.ppeals, appeala (rom ... . ...•.•.. .• 36 2,S 67 to ..•• •. . •. • . . . . •. S6 I 6G Claims, aaeignment of, before proof . . •. •.•. .•. .. ... . . 21 3 61 , componndingof •... .•. • " .. . • •• .. •. . . . . . ..• . of p el"8On8 contingently liable . •• . ...... .. .. . 28 .. ... -. 21 21 .. .... . , 63 61 60 proof of ... . ..•. •.. • • • ... • .. • . . ....•.• • .••.. reexamination of. .••..•... .. . . •...... • .. •. .. 21 6 61 Clerk, oompensation of. •. . •. • • . . . •. • •. .. .. .. ... .. . . . 35 I 66 indemnity for expene68 of ..•......• . .... . .. .. 10 . .. .... 67 indorsement of pa.pers by . ...... .. . ... . . . . . .. . 2 .. . . .. . 50 Compensation of olerk, referee, a.nd trus tee . . .• . . .. . 36 1,2,3,4 66 Composition, a.pproval of .. • ..•... •••... . • . .. • . . •. . . 12 3 57 opposition to .. ..... . . . . . . . .. .. . .. .... . S2 .. ..... 65 Compounding of claim •. .. •• .•.. • . • . •. •• . ••• • , •• .. • . Conduot of prooeedin,r . .. . . .... . .. . . .... . . .. . . . .. . . 28 ,7 · ... .. . ... .... .. .. -- . 63 64 66 Con8olidation of petitions . ... ... ... . . . ..... ....... . Coate tn COJ1tested adjudications . .. .... . ... ... ..... . Sol .. ... ..65 CotU"t8 of bankruptcy, a ppeala from .. .. . . . .. ---- •• _. 36 1, 2, S 66, 67 Creditors, ep&Ci.t meeting of.. .. .. .. . .. . .. .. . . .. ... . 26 ... .. . . 6S Debtor, im prisoned . . . . .. . . . ....... -- - _. . . . . . .. ... .. 30 . ..... . M Debts, proof of . , •••..•. •• •• •• . . ••• . _• . . _. _. _. . . .. .. 21 1 60 Depoei Uoo before referee . •• .•. . . . _•. •• •• •• . ••. • •• •• 22 ....... 62 DiAobarge of bankrupt, appUoation for . ••• . . ...•• • •• 12 S 58 \ OppooitioD to .. .... ..... ... .......... .. .. . 22 .._.... 65 \ petition for ••• • __ ••• ••• •••• ••• • ••• •• . ••• - 31 ....... 65 l~ ~­ I

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• 150 INDEX TO GENERAL ORDERS. Or· Sec· P der. tiOD. age. • , 6 ...... . 5.'; Diatricts, petltioDs in different. _••...•••.• • - _•. _••.. Docket . ... •....• . .. • __ • ____ _... . ___ ..•. - .. . .. . .. - .. 1 .1,...... 2, S 63 57 Duties of referee . . •• _. _____ . •. • _. • -• .. •.. . _., ... . ". 12 trustee ... __ .. __ ...... _... .. •.... . .. ... . . . 17 . ... .. . 59 Examina.tion of witn688C8 ••..• _.• . • _•••• . _•• ' . . ~ •• _. 22 ....... 62 l!:Xp e.OIMlII of clerk, marsha.l, or referee, indemnity for. 10 .. .. .. . 57 allowa.nce of.. . 35 1,2,3,4 66 FMS of cl e:rk .•••• .••• • ____ •• __ • ...•.•• - --_ ••..•.•.. 35 1,4 66 referee _•. ___ .. . . . • .. __ ... •••.. - - ' •.. . ..... . 35 2,4 66 trustee ___ .. .•..•. __ .... __.... . -- _.. -_ •. -_. - 35 S, 4 66 Filing of pape1'8 _•• _.. __ ••.... . ... -. -. - • . • • - •.... -.- 2 · ...... 54 after reference . "" . . . ... . -. - .... _- 20 ...... . 60 Finding of fACts by referee . . ....... . .. . .......... . . 12 3 53 Forms. __ .. . . • . .....•... .•.... . .•.... ... ......... . .. 38 1"I ...... 5 •...• •• , 67 54 FrlUDe of petition .. . .... .. .. .. . ...... . .. .. ... ...... . Geueral proviai ous .... ~ ...•........ . .•• ••.•. . . .. .... 37 • •••••. 67 r Babeaa corpns of impriaoued debtor ...•.....•••. _... so \....... S< Imprison ed debtor . . . .•....•.. . . . . • . ••.....•.....•• • so ....•.. S< • lodeomiiy for expeuse8 of clerk, OJareba l, or referee. Injnn ctiolls of prooeedings of courts or officers ..... . Interlineation and abbreviation in petitions aud 10 III I··· ··s· 57 58 schedulee forbi

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INDEX TO GENERAL ORDERS. 151 01'0 Sec· der. tion. Page. Proof of debts ..•. ... • • _•••• _•..••.••. __ _.• . __ ••••• _ 21 1 00 Property, redempiioD of ..... . ..•...•••• . •.•. . ...... 28 · ... _.. 6S aaleof . . .• .... . ~ . •........ _.. _......... . _. 18 1,2, 3 MI Proved claim8, transwissioD of, to clerk _... _.....••. U ·. _.... 62 Reoord. of olerk ... . ...•.....• . ••.•.•••..•••• • •. ..••. 1 ·_..... 53 referee •.••• • .... .•••••.........•.• _. ... on a.ppeal to Supreme Court of United State8 . o . 36 1 ·.. - .3- . 53 67 Red emp~ioD ?f proper~y and compounding of ch~jU18 . 28 · .-_...63 Re-exammatlon of clalm .. . . _. ....... . _. ...... ...... 21 6 61 Referee, aocounts of ..••••.......•.. .. _....•........ 26 · ...... 6S certificate of, t o judge . __ .•... _... _______ .. • 27 ·... _.. 63 compensation of .. ..••....• ...•• .• ..... .•.. . 3. 2 66 duties of ........... , .. , ............ .. . .. . .. 12 1,2, S 57, 58 finding of fa.cts by ...• . .. •. .• .... •.. . ....•... 12 3 58 indemnity for expenseA of . ...•.. •. .. . . ... .. \0 · ... ... 57 indorsement of paper8 by .. . •. ' . •.. . .. •..... 2 · ...... 54 orders of . . •••• .•.•. •. ..... .... .. .• ......... 23 · ..... . 62 proceeding8 before • .•....•.• . •• ... • ' .... ... 12 1,2 57 record of ..•..•..•. . •••• . ••••..... .. ..•..... 1 · ...... 58 • t o notify k08tee of his a.ppointment •..••••• 16 · ...... 58 to tran8mit lis t. of proved claim8 to clerk .•.. U ". '.'. 62 Reference, order of . ...•. ....... . •.•.• ... . ...•. .. • _. . 12 · .. .... 57 papel"8 filed after .•••••... .• .••••••...•... 20 ·..... . 00 Removal of trustee ....•.. . .•.... ' .... . .. .. .........• 13 · ... _... 58 Review by judge ..................... .. •• ••••. .•.•• 27 · ..... . 63 Sale of property .••• .. """ •.•• • _•. •.........• •..... 18 1, 2,3 59 SchbduJe, ab breviAotions Rud interJioeatiou8 in, forbid- l den ...•. ' . •• ••.. ...• •..... •.••••.••. •. .. 5 .. ... .. 54 amellruuents to ...•..... • .•..••. _•..• .. ..• . n ....... 57 in involunta.ry bankruptcy ........ . ... _•• • 9 ... .... 56 Special meeting of creditors ...•....... . ... _.. . . ..... 25 · _.... . 6S Subprena •......•.....•.•. .•..• .. .•..•.•... .. ••....• 3 . ...... 54 Summons ..•..... . ...... . .• . ..•.. . ........•.. _.. .... 3 ....... 54 Supreme court of District of Columbia, Aoppee.J/j frow. 36 2, 3 67 Territor y, appeals to ........ •..... 36 1 66 from ..••....... 36 2, 3 67 the United States, appea.ls to ... ... 36 2, 3 67 Testimony, taking of . ..... ......•. . .............. . . • 22 · ...... 62 Transmis810n of proved claims to clerk .. . ..... . .... . U · ... ... 62 , Truetee, appointment of.. ........ . . ........ .. ... .... 13 . " " " 58 66 compensation of .... ..... ... . ............... 35 3 duties of ......... .... ..•....... . ......... .. 17 · ...... 69 no offi oia.l %leneral. to be appoint.ad .•. .. .• 14 ·...... 15 ... ' ... 58 68 not s.ppoin in oertl\ in C8868 ••• •••• •• • •• •• , notiee'to, of appointment. ................... 16 ... ... . 58 removal of ...... ....•........• ..... . .... ... 13 .. ..... 58 Witnesaes, examina.tion of ........ .... ..... . _...•• _.• 22 ....... 62 r

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TABLE OF FORMS. No.1. Debtor'8petitioD ... ___ ___________ __ ___•....•••••••••• __ •••• Sohedule A . .• • •• ••••••• .•... . ..... •• .... . . .. ... . .••••• Sohedule B •••••... , ... ..... . . .. . ...•. .... . . .. .• . •.•••. Summary of debts and &8&ete. __ _._. __ 0 _____ _ _ • ••• __ •••• - 69 71 76 82 2. Partnership petition ..... ___ ... __ •• _•... ,._ .••.• __ . . . ___ _.. 82 S. Credit.ora' petition •.• _ . ____ _....... •• ... __ ...•.••.••. . ___ __ 85 4. Order to ebow cause U p OD creditors' petition . __ __ . __ ...• _... 86 6. Sobpmollo to o.lJeged bankrupt ...... _•... •....•••...•••••• __ 81 6. Den ial of bankruptcy •••• __ ... •. •.•....••.•• __.. .. __ ...•.• • 88 7. Order for jury tria.l __ .. ... ___ .. . . __ . .• . __ .• • .•.. . .•... __ ... 89 8. Spooialwarranttoma.rahaL._ ... •• . •••• •••. ____ .. ___ . .•••. . 90 9. Bond of petitioning creditor . ______ .. ••••.• .. .•______ ••• ••. 92 10. Bond to marshal. .... . .•.. . .... ... . .. . •.• ..•. •••••••••• . ... 93 .. 11. Adjudication that debtor is not bankrupt . •••.• _.•• . _... . .. 12. Adjudication of bankrnptoy. .. ... ..•. .. .... ..•• •••• . . •. ••• • 13. Appoin tment, oath, and report of appraisers...... . . .• •• •• ••• 9( 95 96 • 14.. Order of reference ...•.•.. .. ....... .. • _. . ....•. . . •. ...• ...• 15. Order of reference in judge's absence. . . .••. .. . •.. .......... 98 99 1 16. Referee'soa.tbofoftlce .. . . ..... . ..... . .. ... _. .. . . . ... . .... . 100 17. Bondofreferee ............... _. . ...•. . .•••.. •• . .• •.•••.... 100 18. Notice of first meeting of credito1'8 . __ .......... . ___ ... . .... 101 19. List of debts proved at first meeti ng ...... .. .. ... __ .... . ... . 102 20. General letter of attorney in fact ..... .. ....... _. . ...... .... lOS 21. Special letter of attorney in fa ct ... ... .. __ .. . ......... ...... lOt 22. Appointment of trustee by creditors...... . ........... .. .... 105 23. Appointment of trustees by referee ............ __ .. . .... .... 106 I 24. Notice to trustee of his appointment . .. _'" . __ .... __ ... __ .. 107 • 25. Bond of trustee , .•. __ .•.•.. ...... .•••. . . .•.•. . .... • ... . .. . . 108 26. Order approving trustee'8 bond _... ........ .. ........ ...... 109 27. Order tbat no trustee be appointed .. .... . .. .. . . ...... ...... 110 28. Order for e:r.amination of baokrupt . . ...... .'.... ...... ..... . ill 29. E:r.aromBtion of bankrupt or witn688 ...... . ... .. ... .. .... . .. 11.2 30, Summons to witne8s. __ ... . ____ .. . ...... .. .... .. ...... ...... US • 31. ProofofuDs6cureddebt .. .. .. ___ ..... .. .... __ ........ . ..... 11.6 82. Proof of 86cur&d debt . ......... ........ .............. . __ ••• 118 83. Proof of debt due corporation .. ...... ......... .. __ . .. ...... 117 84. Proof of debt by partuerehip .............. .... __ .... . ... ... 118 SO. Proof of debt by agent or attorney.... . .. ... ... ........ . ... 119 36. Proof of secured debt. t y agent. . ......... ...... ..... . .. .... UO 37. Amdaviti of loet bill or Dote • ••••• ...... .... ...... ...... .... 121 ,\, 88. Order~u()ingclaim .... ..... ........ . ..... . ... . ........ . . l2'l 89. Order expllDgiug olaim.. . . ... . . ••• •• • ••• .•.••• •••• •••• •••• •• 121 , ' 153 r

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154 TABLE OF FORMS. p- No.40. Liet oC 6laima ud dividends ... __ ....• , , ___ , •. __ ... _- - .... 124 4,1. Notioeof dividend __ • _____ 0" ' _ ' ___ • • • • • • • • __ _ • • • • • • •• • • • • 125 eJ. Petition and order for .&16 by auction ofrea} estate . . .. _., . 128 48. Petition and order (or redemption of property from lien .. . . 127 «. Pe tition and order for 8ale subject to l ion •• •••• .• •. __ ..... . 128 (5, Petition Bod order for private 118le . __ .• .. •• _. _. _. __ . ___ . _.. 129 4.6. Petitioll and order for sale of p erishable proper ty . .• ___ •. .. ISO (7. Truatee'. report of e:r.empted property . . .•.• .•. _.. 0 •• " _ • _ •• 131 .foS. Trnatee'. return oCno aBaete _.• • _••••.••• . ___ ••• 0 _____ • _ _ _ _ 132 49. Account of trustee ••. . _•••.... ••. . __ .... __ •••.. •. ..... .. . • _ 13.1 60. Oath to final account of trulltee " _. _• . __ •.••• •. __ • .. • _•• ••• 51 . Order allowing a.ccount.and di scharging tru8tee .....• . & •••• 1:K 125 • 52. Petition for r emoval of trustee . .. _... _.... .. ......... .. . .. 186 53. Notice of petitiuD (or r emoval of trustee . ... .• . . . . ...... ... 137 64 . Order for removal of tru8tee .. .. . .. ....... ..... . .......... . 198 55. Order for choice of new tru8tee .. ..................... .. .. . 189 56. Certifi cate by referee to judge ....... .................... .. loW 57. 68. Bankrupt's petition for di scharge ... ... ... ......... .... ... . S pecification of gronnds oC opposition to diaeharge . ....• .•• IU 143 ... 59. Discbarge oC bankrupt ... .... . .. ... .. .................... . . 1" 00. Petition for meeting to C() Dlider oompoeiLion ......... .. . .. . 146 61. Application for confirmati on of compoeition ......... ..... .. 146 62. Orderconfirmillg composition . ....... .... ... ... .......... .. 147 83. Order of dietributioo 00 composition •....• ••. . , •. • •••• • •• •• 148 • .'

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ADDENDA. ,juur~m~ O{nurt n~ th~ tftltit~rl 'stltt~!5. OCTOBER TEIW, 1905. , ·• ORDER. It is ordered by tbe Court tbat General Order in Bank· ruptcy No. 35 be amended by adding tbe following sen· tence to subdivision 4: ) He mayaJso, pending sucb proceedings, both in voluntary and involuntary cases, order the commissions of referees ,• and trustees to be paid immediately after such commissioos accrue and a.re earned. (Promulgated December 11, 1905.) • 156 - \ ,• ,.. I

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• [l'trnLIo--No. 232.] An Act tD amend I18Ction sixty·four of the bankrnptcy Act. , Reitenacted by the Senate and HtmlJeof R epreaentative8oft/u. Unil.ed + States of Ame>';oa in Congrll88 a88emhte4, That clause four of sub· division B of section sixty-four of 8aid Act is hereby arueDded 80 IL8 to , read as follows: • "Fourth. Wages due to workmeD, clerk8\ traveling or city sales· meD, or servaDts which have been earned witnin three months before • the date of commencement of proceedings, Dot to exceed three hundred dollars to each claimant." ~. Approved, JUDe 15, 1906. 167 " ,., .' .. , 'iI ,

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[PuBLIc-No. 294.) [B. R. 20675.) An Act To amend aD Act entiLied II An Act t/) ~b1iah a uniform 8)"fItem of bankru ptcy throughout. the Uniled Statefl," appro",l,.od luly li MIt., eighteen • hundred and Dlnety-eil:ht. u amended by an Act approved February fifth, nioeteen hundred and three, and ae further amended by an Act approved JUDe fifteenth, nineteen hundred and aiz. . Be it tnacUd In! the Striate and HfYUSe of Reprutntati1l" of the United State. of America in C01I?,:'" a88

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160 AMENDMENTS TO BANKBUPTUY LAW. I " A bankrupt may offer, eitber before or after adjudication, terms .. of composition to his creditors after, but not before, be has been •• examined in open court or at a meeting of his creditors, and bas filed in court the schedule of his property and the . I~t of his cred!to,:,! C: required to be filed by bankrUpts. ~ compositIOns before adJudi- cation the bankrupt shall file the regUlred schedules, and thereupon • the court shall call a meeting of creditors for the allowance of clallDS, examination of the bankrupt, and preservation or conduct o~ estates, at which .meeting t!,e judge or referee shall presid~i .and actIOn upon "- the petitIon for adjudICatIOn shaU be delayed untIl It shall be deter- mined whether such composition shall be confirmed." SEO. 6. That section fourteen, subdivision b, of said Act as so amended be, and the .ame hereby is, amended so "" to read a. fol- !. ~~: , "The judge shall hear the ap~lication for a discharge nnd such • proofs and pleas as may be made m opposition thereto by the trustee ; or other parties in interest, at such time as will give the trustee or ... parties in interest a reasonable opportunity to be fully heard and mvestigate the merits of the application and discharge the applicant ~ unless he has (1) committed an offense punishable by imprisonment J as herein provided ; or (2) with intent to conceal his financial condi- tion, destroyed, concealed, or failed to keop books of account or , . records from which such condition might be ascertained; or (3) ob- tained money or j>roperty on credit upon a materially false statement in writing, made by him to aoy person or his representativo for the purpose of obtaining credit from such pClson; or (4) at any time subsequent to the iiI-st day of the four months immediately preceding the filing of the petition transferred removed, destroyed, or con- ~ cealed, or permitted to be removed,

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AM':NDMENTS TO BANKBUP!:CY LAW. 161 or co~ into the custody of the bankruptcy court, shall be deemed vested wIth all the rights, remedies, and powers of a creditor hol~ a lien by legal or equitaDle proceed~tr:.uthereon; and also, as to an property not in the custody of the b ptcy court, shall be deemed vested with all the rights, remedies, and powers of a judgment ) creditor holding an execution duly returned unsatisfied." SEC. 9. That section forty~ight of said Act as so amended be, and the 8ame hereby is, amended, so as to read as follows: "SEo. 48. COMPENSATION OF TRUSTEES, RECEIVERS AND MAR- .. 8HALS : "(a) Trustees shall receive for their sorvices, payable after they are rendered, a fec ef five dollars deposited with the clerk at the time the petition is filed in each case, except when a fee is not required from a voluntary bankrupt, ana sucli commissions on all moneys disbursed or turned over to any person, including lien holders, by them, as may be allowed by the courts, not to exceed six per centum • on the first five hundred dollars or less, four pcr ccntum on moneys in excess of five hundred dollars and less than fifteen hundred dollars, two !ler centum on moneys in excess of fifteen hundred dollars ana less than ton thousand dollars, and one per centum on moneys in • excess of ten thousand dollars. And in case of the confirmation of i a composition after the trustee has qualifiod the court mlly allow ~ him, as compensation, not to exceed one-half of one per centum of the amount to be paia the creditors on such composition. - "(b) In the event of an estate being administered by three trustees instead of olle trustee or by successive trustees, tbe court sball • apportioll tbe fees and commissions between them according to the J services actu ally rendered, so that there shall not be paid to trustees for the administering of any estate a greater amount than one trustee • would be entitled to. "(c) The court may, in its discretion, withhold all compensation from any trustee who has been removed for cause. "(d) Receivers or marshals appointed pursuant to section two, ~ subdivision three, of this Act shall receive for their services, payable after they are rendered, compensation by way of commissions upon .. the moneys disbursed or turned over to any person, including lien .. holders, by them and also upon the monoys turned over by them or afterwards realized by the truste ..... from propcrty turned over in kind by them to the trustees, as the court may allow, not to ex ceed six per centum on the first five hundred dollars or less, four per .. centum on moneys in excess of five hundred dollars and less than one thousand five hundred dollars, two per centum on moneys in excess • of ono thousand five hundred dollars and less than ten thousand dollars, and one per centum on moneys in exc.ess of ten thou ~~nd ~ dollars : Prwided, That m case of the confirmation of a composition such commissions shall not exceed one-half of one per centum of the • amount to be paid creditors on sucb compositions: Provided furtkr, That when the receiver or marshal acts as a mere custodian and does '" not carry on the business of the bankrupt as provided in clause five _ . of section two of this Act, he shall not receive nor be allowed in any form or guise more than two per centum on the first thousand doUars ·- or less and one-half of one per centum on all above one thousand dollars' on moneys dishursed by him or turned over hy him to the 601 79°-IG--1l

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162 AMENDMENTS TO BANKRUPTCY L AW. trustee and on moneys subsequontly realized frnm property turned Over by him in kind to the trustee : Providedjurther, That bofo~e ~he allowance of compensation notice of applicatIOn therefor, spec.'i},ng the amount asked, shall be given to creditors In the manner mdicated c in section fifty-eiglit of this Act. "(e) Where tlie business is conducted by trustees, marshals, or - receivers as provided in clause five of sectIOn two of tlus Act, the court m~y allow such officers additional compensa.tion for such serv- ices by way of commissions upon the moneys dlSbu rsed . or turned ... over to any person, includin" hen holders, by them, and, m cases of receivers or marshals, also upon the moneys turned over by them ?r afterwards realized by the trustees from pr?pcrty turned over ~ kind by them to the trustees; such commiSSIOns not to exceed SIX < . per cent um on the first five hundred dollars or less, four per centum on moneys in excess of five hunch·ed doll ars and less than one thou- ..; sand five hundred dollars, two per centum on moneys in excess of one thousand five hundred dollars and less than ten thousand dollars, ~ and one per centum on moneys in e.xcess of ten thousand dollars: Provided, That in case of the confirmation of a composition such ~ commissions shall not exceed one-half of ono per cent um of the ... amount to be paid creditors on such composition: Provided furtlt er, That before the allowance of compensation notice of application therofor, specifying the amount asked, shall be given to creditors in . \ the mannor indicated in section fifty-eight of this Act." SEC. 9! . That section fifty-eight, su6division a, of said Act as so amended be, and the same is hereby, amonded so as to read as follows: SEC. 58. NOTICES TO QREDITORS. (a) Creditors shall have at least : ten days' notice by mail, to their respective addresses as t hey appear ' in tho list of creditors of the bankrupt, or as afterwards filed with the papers in the case by the creditors, unless they waive notice in writ- ' mg, of (I) all exammations of the banknlp t; (2) all hearings upon "fplications for the confirmation of compositions; (3) all meetmgs o creditors; (4) aU proposed sales of property; (5) t he declaration ~ and time of payment of oividends; (6) tho filing of the fIDal accounts • of the trustee, and the time when and tho plnce where they will be examined and passed upon; (7) the proposed compromise of any con- troversy; (8) tho pro'poso~ dismissal of the I'roceedin!!S, and (9) there ~ shall be thirty days notIce of all apphcatlOns · for the discharge of banknlpts. SEO. 10. Tbat section fifty-nine, subdivision g, of said Act as so amended be, and the same hereby is, amended so as to read as follows· ' . " A ,:,~Iuntary or .involuntary petition shall not be dismissed by , the petitIOner or petitIOners or for want of prosecution or by consent of parties until after ~O.til-e to ttle c~edito rs, and to t!iat end the court shall, before enterta.lIllllg an applicatIOn for. dlSIDISSnl, require the b8Jlkrupt to file a IlSt, undo! oath, of all hlS creditors, With their. addresses, and shall c a~se -"otice to be sellt to aU such crediters of the pendency of s~ ch appllCatlOn and ~hall delay tb~ hearing thereon for " a re.asonable time te allow all creditors and partws in interest Oppor- tunity to be heard." .• SEC. 11. That section sixty, su bdivision b, of said Act as so amended be" and tho same bereby lS, Ilmended so as to read as follows: If a bankrup~ s l~aU have procured or suffered a judgment te be entered agalllSt him ill favor of any person or have made a transfer ot'

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AMENDMENTS TO BANKRUPTCY LAW. 163 any of his property, and if, at the time of the trana/er, or of the entry of the jud~ment, or of the recording Or registering of the transfer if by law recording or registering thereof is required, and being within four months before the filing of the petition iu bnnkl'upt"Y or lifter the filing thoreof and before the adjudication, the bankrupt be i",olvcnt and the judgment or transfer then operate as a preferenco, and tho person receivin!( it Or to be benefited thereby, or his a~ent ading therein shall thon have reasonable cause to believe thnt the enforce- mentol such jud~mentor transfer would effect a prefcrCll

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• • , An Ad to atablish CIRCUIT COURTS OF APPEALS. ,, and to cldine and U2'Ulau in certain cues the jurlscliction • of the Courts of the Unitecl States, and for other purposes, approvccl Man:!> 3, 1891, and joint resolution amcn4lni sam.. approvccl Man:!> 3, 1891. • .' _0 • 0 " • • •

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AN ACT TO ESTABLISH CIRCUIT COURTS OF APPEALS AND TO DEFINE AND REGULATE IN CERTAIN CASES THE lURISDIC'IION OF THE COURTS OF THE UlfITED • STATES, AND FOR OTHER PURPOSES, APPROVED MARCH 3, 1891, AND JOINT RESOLUTION AMENDIlfG • i SAME, APPROVED MARCH 3, 1891. .. , [PUBLlo-No. 118.] AN ACT to establish circuit courts of appeals and to define and regu- late in certaiu cases the jurisdiction of the courts of the United States, •• , and for other purposes. Be it enacted 01 the Senate and House of Repre8entative8 of the United. State8 of America in Oongres8 aascmUed, That there shall be appointed by the President of the United States, by and with the advice and consent of the Senate, in - . each circuit an additional oircuit judge, who shall have the same qualifications, and shall have the same power and jur- isd iction therein that the circuit judges of the United States, withi n their respective circuits, now have under existing laws, and who shall be entitled to the same compensation as the circuit judges of the United States in their respective circuits now have. SE~. 2. T hat there is hereby created in each oircuit a oircuit oourt of appeals, whioh shall consist of three judges, of whom two shall constitute a quorum, and whioh shall be a court of record with appellate jurisdiction, as is hereafter limited and established. Such court shall pr""oribe the form •• and style of its seal and the form of writs and other process and procedure as may be conformable to the exercise of its ,. jurisdiction as shall be conferred by law. It shall have the appointment of the marshal of the court witb the same duties and powers under the regulations of the court as are now provided for the marshal of the Supreme Court of the 3 • I

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4 United States, so far as the same may be applicnble. The . courtshall aiso appoint a clerk, who shan perform and exerCIse the same duties and powers in regm'd to all matters withip its jnrisdiction as are now exercised and performed by the clerk of the Supreme Court of the United titates, so far as the same may be applicable. The salary of the marshal of the court shall be twenty -five hundred dollars a year, and the salary of the clerk of the court shall be three tbousand dollars a year, to be paid in equal proportions quarterly_ Tbe costs and fees in the Supreme Court now provided for . o , ' by law shall be co ts and fees in the circuit courts of appeals; ,,- \ , \ ' and the same shall be expended, accounted for, aud paid /01', and paid over to the Treasury Department of the United States in tbe same manner as is provided in respect of the costs and fees in the Supreme Court. Tbe court sball have power to establisb all rules and regulations for the conduct of tbe business of the court , witbin its jurisdiction as conferred by law. SEC. 3. Tbat the Chief-Justice and the associate justices of the Supreme Court assigned to each circuit, and tbe circuit judges withiu eacb circuit, and the several distlict judges within each circuit, shan be competent to sit as judges of tbe circuit court of appeals witbin their respective circuits in the manner hereinafter provided. In case the Chief- Justice or an associate justice of the Supreme Court should attend at any session of the circuit court of appeals be shan preside, and the circuit judges in attendance upon the court in the absenee of the Chief-,r ustice or associate justice of .. ' tbe Supreme Court shall preside in the order of the seniolity of their respective commissions. .."' In case the full court at any time shall not be made up by tbe attendance of the Chief -Justice or an associate justice of the Supreme Court and circuit judges, one 01" more district judges within the circuit sball be competent to sit in the •• court according to such order or provision among the dis- tlict judges as either by general or particnls,r assignment sball be designated by the court: P "()VUkd, Tbat no justice or judge before whom a cause or question may have been • tried or heard in a district court, or existing circuit court shall sit on the trial or hearing of sucb cause or question u: ,

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5 the circuit court of appeals. A term shall be held annuslly by the circuit court of appeals in the several judicial circuits at the following places: In tbe first circuit, in the city of Boston; in tbe second circuit, in the city of New York; in the third circuit, in the city of Philadelphia; in tbe fourth • circuit, in the city of Richmond; in the fifth circuit, in the '. city of New Orleans; in the sixth circuit, in the city of Cin- • cinnati; in the seventh circuit, in tbecityof Chicsgo; in the \ eigbth circuit, in the city of Saint Louis; in tue nioth cir- cuit, in the city of San Francisco; and in such other places in eacb of the above circuits Ill' said court may from time to time designate. The first terms ...f said courts shall be held r" on the second Monday in January, eighteen bundred and ninety -one, and thereafter at such times as may be fixed by C..I said courts. SE~. 4. That no appeal, wbethel by writ of error or other- wise, shall hereafter be taken or .. Uowed from any district • court to the existing circuit courts, and no appellate juris- diction shall here~fter be exercised or allowed by said exist- ,.., ing circuit courts, but all appeals by writ of errol' otherwise, from said district courts shall only be subject to review in I. the Supreme Court of the United States or in tbe circuit \ court of appeals bereby established, as is hereinafter pro- vided, and the review, by appeal, by writ of error, or otber- J wise, from tbe existing circuit courts sball be had only in the Supreme Court of tbe United States 0 1' in the circwt courts of appeals bereby established according to tbe pro- visions of this act regulating tbe same. SE~. 5. Tbat appeals or writs of error may be taken from l. - tbe district courts 01' from the existing circuit courts direct ( to the Supreme Court in tbe following cases: In ant case in wbicb tbe jurisdiction of the court is in issne; in snch cases tbe question of jurisdiction alone sball be certified to tbe Supreme Court from the court below for I • decision. From tbe final sentences and decrees in prize CSll8es. C. In cases of conviction of a capital or otherwise infamous \ ,. crime. In any cs~e tbat involves tbe construction or application I .. of the Constitution of the United States.

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6 In any case in which the constitutionality of any law of the United Stotes, or the validity or "on.tl'uction of any treatv made under its authority, is drawn in question. In 'any case in which the constitution or law of a Stote is cbimed to be in contravention of the Constitution of the United Stotes. Nothing in this act shall affect the jurisdiction of the Supreme Court in cases appealed from the highest court of a State, nor the construction of the statute providing for review of such caseS. SE~. 6. That the circwt courts of appeals established by this act shall exercise appellate jurisdiction to review by appe~1 or by writ of error final decision in the district court and the existing circwt courts in aU cases other tban those provided for in the preceding section of tbis act, unless otherwise provided by law, and the judgments or decrees of the circuit courts of appeals shall be final in all cases in which the jurisdiction is dependent entirely upon the oppo- site partics to the . uit or controversy, being aliens and citi- zens of the United States or citizens of different State.; also in all cases alisiug under the patent laws, under the revenue laws, and under the criminal laws and in admiralty cases, excepting that in every sucb subject within its appellate juriadiction the circuit cou rt of apl'e..ls at any time may certify to the Supreme Court of the United States auy ques- tions or propositions of bw concerning which it desires the instruction of that court for its propel' decision. And there· upon the Supreme Cour t may either give its instructiou on the questions and propositions certified to it, which shall be hinding upon the circuit court.~ of appeals in such case, or it may require that the wbole record and cause may be sent up to it for its consideration, and thereupon shall decide the whole matter in controversy in the same manner as if it had been brought there for review by writ of error or appeal. And excepting also that in any such case as is hereinbe- fore made final in the circuit court of appeals it shall be competent for the Supreme Court to require, by certiorari or otherwise, any such case to be certified to the Supreme Court for its review and determination with the snme power " .' IY ,.1

Page 264

.' , I 7 J~ • and authority in the case 11$ it it had been carried by appeal or writ of error to the Supreme Court. In a\l cases not hereinbefore, in this section, made final there shall be of right an appeal or writ of error or review of the case by the Supreme Court of the United States where the matter in controversy shan exceed one thousand dollars besides costs. But no such appeal shall be taken or writ of error sued out unless within one year after the entry of the order, judgment, or decree sought to be reviewed. SE~. 7. That where, upon a hearing in equity in a district court, or in an eusting circuit court, an injunction shall be granted or continued by an interlocutory order or decree, in a cause in which an appeal from IL final decree may be taken under the provisions of this act to the circuit court of appeals, an appeal may be taken from such interlocutory order or decree granting or continuing such injunction to the circuit court of appeals: Prwitkd, That the appeals must be taken within thirty days from the entry of such order or decree, and it shall take precedence in the appel- late court; and the proceedings in other respects in the court below shall not be stayed unless otherwise ordered by , that court during the pendency of such appeal. \ SEO. 8. That any justice or judge, who, in pursuance of the provisions of this act, shall attend the ci rcuit court of appeals held at any place other than where he resides shall, upon his written certificate, be paid by the marshal of the district in which the court shall be held hi. reasonable ex- penses for travel and attendance, not to exceed ten dollars per day, and such payments shall be allowed the marshal in the settlement of his accounts with the United States. SEC. 9. That tbe marshals of the several districts in which ,. said circuit court of appeals Dlay be beld shall, under the 1 direction of the Attorney-General of the United States, Rnd with his approval, provide such rooms in the public build- ings of the United States as may be necessary, and pay all incidental expenses of said court, including criers, bailiff., and messengers: Prvroidd, Iwwever, That in case proper rooms can not be provided in such buildings, then the said marshals, with the approval of the Attorney-General of the • ,, f

Page 265

8 United States, may, from time to time, lease sueb rooms as may be necesssary for sucb courts. Tbat the marsbals, criers, clerks, bailiffs, and messengers shall be allowed tbe same compell.ation for their respective services as are allowed for similar services in the existing circuit courts. SE~. 10. That whenever on appeal or writ of error or oth· erwise a case coming directly from the district court or existing circuit cOllrt shall be reviewed and determined in the Supreme Court the cause shall be remanded to the proper district or circuit court for further proceedings to be taken in pursuance of such determination. And whenever on appeal or writ of error or otherwise a CRse coming from a circuit court of appeals shall be reviewed and determined in tbe Supreme Court the cause shall be remanded by the Supreme Court to the propel· district or circuit court for further proceedings in pursuance of such determination. Whenever au appea.l or writ or error or otherwise a case corning from a district or circuit court shall he reviewed and determined in tbe ci,·cuit court of appeals in a case iu which the decision in the circuit court of appeals is linal such cause shall be remanded to the said district or circuit court for further proceedings to be tbere taken in put·su· anee of such determination. SE~. 11. Tbat no appeal 01' writ pf error by which any order, judgment, or docree may be reviewed in the circuit courts of appeals under the provisions of this !tct shall be taken or sued out except within six months after the entry of the order, judgment, or decree sought to be reviewed: Provided, l!Owevel', That in aU cases in which a lesser time i ~ now by law limited for appeals or writs of orror such limits of time shall apply to appeals 01· writs of error in such cases taken to or sued out from the circuit courts of appeals. And all provisions of law DOW in force regulating " the methods and system of review, through appeals or writs of error, shall regulate the methods and system of appeals ~. and writs of error provided for in this act in respect of the circuit conrts of appeals, i ncluding all provisions for bonds • or other secnrities to be required and taken on such appeals and writs of error, and any judge of the circuit courts of ..... l appeals, in respect of cases brought 01' to be brouaht ., to ) •

Page 266

9 that court, shall have the same powers and duties as to the allowance of appeals or writs of error, and the conditions , of such allowance, as now by law belong to the justices or ',. judges in respect of the existing courts of the United States respectively. SEC. 12. That the circnit court of appeals shall have the powers specified in section seven hundred and sixteen of the Revised Statutes of the United States. SEC. 13. Appeals and writs of error may be taken and prosecuted from the decisions of the United States court iu the Indian Territory to the Supreme Court of the United States, or to the circuit court of appeals in the eighth cir- cuit, in the same manner and under the same regulations as from the circuit or district courts of the United States, under this act. SEC. 14. That section six hundred and ninety-one of the Revised Statutes of the United States and section three of an act entitled "An act to facilitate the disposition of cases in the Supreme Court, and for other purposes," approved February sixteenth, eighteen hundred and seventy-five, be, and the same are hereby repealed. And all act and parts of acts relating to appeals or writs of error inconsistent with the provisions for review by appeals or writs of error in the preceding sections five and six of this act are hereby repealed. SEC. 15. That the circu.it court of appeal in cases in which the judgments of the ch'cnit courts of appeal are made final by this act shall have the same appellate jurisdiction, by writ of error or appeal, to review the judgments, orders, and decrees of the supreme conrts of the several Territories as by this act they may have to review the judgments, orders, and decrees of the district court and circuit courts; and for that purpose the several Territories shall , by orders of the Supreme court, to be made from time to time, be assigned to particular circuits. Approved, March 3, 1891. (

Page 267

10 [PUBI.IC RESOLUTION-No. 16.] JOINT RESOLUTION to provide lor the organization of the circuit courts of a.ppeals. Resowea by the Senate ooa HO'!UJe ofRepresentatives of the United Seates of A.merica vn Oongress a8semblea, That the first meeting of the several circuit courts of appeals men- tioned in the act of Congress passed at this present session, entitled "An act to estsblish circuit courts of appeals and to define and regulate in certain cases the jurisdictiou of the courts of the United States, andIor other purposes," shall be held on the third Tuesday in June, A. D. eighteen hun· dred and ninety-one; and if, from any casualty, the first meeting of any of said courts shall fail to be so held on that day, the first meeting of any such court so failing to be held, shall be held on such day subsequent thereto as the cllie! justice, or any justice of the Supreme Court of the United States assigned to such circuit, shall direct: And be it fi

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