Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1898-11-29
RULES ON BANKRUPTCY
CONTINUED From First Page.)

ices OF proceedings shall be mailed TO
MI creditors requesting them; that the
claims OF persons contingently liable
for the bankrupt may be proved in
The name OF the creditor when known
by the party cOntingently LIABLE that
referees may allow the reorganization
Of claims against a banlrupt's estate
when desired by the trustee or a cred
itor, and that claims which have been |
assigned before proof shall be sup
ported by a deposition Of the owner at
the time Of the commencement OF pro-
setting forth the true consid-
GRAFTON Of the debt, and that it is en-
tirely unsecured. or, If secured, the Sc
curity as is required in proving So
cured claims.
WITNESS EXAMINATIONS.
Rnle p relates to the taking of tes-
timony, and is as follows:
"The examination Of witnesses be-
fore the referee may be conducted by
the party in person or by his counsel
or attorney, and the witnesses shall be
subjected to examination and cross
examination. The deposition taken
upon an examination before a referee
shall be taken down in writing by him
or under his direction, In the form of
narrative. unless he determines that
the examination shall be by question
and answer. When completed it shall
Ia raad otyar 80 fba ,.ri4 o.s, a NJ -fo,o1
by him in the presence OF the referee.
The referee shall note upon the de-
position any question objected to, with
| his decision thereon, and the court
shall have power to deal with the costs
of incompetent, immaterial or irreve-
LIANT dispositions, or parts Of them, as
may be just"
Rule % relates to orders Of the ref
cree and rule "A to the transmission of
proved claims to the clerk Of the court
Rule 25 provides for special meetinge
OF creditors; rule 26 requires the ref.
cree to keep accurate accounts Of ex-
penses. and rule q authorizes a review
by the judge of any order made by the
referee ON petition Of the bankrupt
creditor or trustee
Rule Is permits the filing Of petition
for redemption Of property whenever
ut may be deemed for the benefit OF
the the estate OF a bankrupt to redeem
and discharge any mortgage or Other
pledge, or deposit or lien, upon an,
property, real or personal, or to relieve
said property from any cond.tiona
contract and to tender performance o.
the conditions thereof. or to compount
and settle any debts or other claim,
due or belonging to the estate Of III,
? bankrupt" Hearings in such case
are provided for, notice to be sent L
all persons interested, in order tina
they may appear and show cause VIII
! such order should not be issued.
TO IMPRlSON DEBTORS.
No. 20 relates to the keeping Of exer
cises concerning money Deposited. an,
No 20 to the Imprisonment of debt
ors. The latter rule is as follows:
"lf at tibet ime OF preferrlng his pc
tition, the debtor shall be imprisoned
the court upon application may orde
A him to be produced upon habeas cor
! pus by the jailer or any officer 4
whose custody he may be. before tn
referee, for the purpose of testifyin
in any matter relating to his bank
ruptcy, the court may, upon like appli
cation, discharge him from such IN
9 prisonment II the petitioner, durin
y the tendency of the proceedings 4
o bankruptcy. be arrested or imprisone
upon process in any civil action th
? district court, upon his application
l. may issue a writ Of habeas corpus (
8 bring him before the court to ascer
tain whether such process has been il
sued for the collection of any clair
prOyable in bankruptcy. and If s
. provable. he shall be discharged: if NJ
he shall be remanded to the cuetod
in which he may lawfully be-"
p Rules 81 and 80 deal with petition
n for the discharge Of bankrupts, an
with proceedings in opposition to sue
discharge. Rule 80 provides for arb
Y tration Of some demands against III
"a estates of bankrupts upon the applici
+, tion Of trustees Rule "a relates to II
- costs Of continued authorizations. an
y rule 35 to the compensation Of official
l. The Bankruptcy act prescribes u
fees, and these rules provide that II
fees therein named shall be in ia
compensation.
~ Appeals 10 courts other than II
United States Supreme Court are regl
l. lated by the rules governing appea
lr in equity cases in United States court
as provided by rule &c. The same ru
provides for appeals to the Unite
I. States Supreme Court, but requir
Ia that they be taken within thirty day
M giving the Judge of the court appeal,
,s from or justice of the Supreme Cou
N the right to grant the appeal
NJ Rule 81 allows the judge by epeci
81 order in any case to vary the time a
lowed for return Of process. for al
pearance and pleading. and for takiI
testimony and publication. and m;
a Otherwise modify the rules for ii
M preparation of any particular case
y far as TO facilitate a speedy hearing
IA The 5Sth and last rule provides f
IN the alteration of the forms which a
appended to suit the circumstances