Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-11-29
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BLANK FORMS NOT YET READY
Some Time Still Required for Their

WASHINGTON. ID. c., November 2S-
The United States Supreme Court to-day
through Justice Gray, announced the new
bankruptcy rules, which it was authorize,
to frame and promulgate under the ma
tional bankruptcy act of July 1, 1898.
The rules have been awaited with mucl
interest, as a number of courts declined
to proceed with bankruptcy cases unit
the Supreme Court should announce tn,
| new rules
Justice Cray announced that the rule!
would take effect on Monday, January 2
1899, and that all proceedings heretofore
taken substantially in conformity TO the
| act and 10 the regulations of 1861. as fan
as practicable, would be upheld. The
blank form 10 accompany the rules, he
said, would not be ready for distribution
for some time, owing to proof revision
etc
The rules are preceded by an order pre-
scribing the proceedings in bankruptcy
under the law previous to the day on
which the rules go into effect. This order
is to the effect that where the proceed
ings are "in substantial conformity.
either with the provisions of the general
orders or else with the general orders
established by this court under the bank
ruptcy act Of 1867, and with any general
rules or special orders Of the courts in
bankruptcy, they shall stand good, sub
ject, however, to such further regulation
by rule or order OF these courts as may
be necessary or proper TO carry into force
and effect the bankrupt act Of 1898, and
the general orders of this court"
The first rule requires the Clerk OF the
court 10 keep 4 docket, and to enter cases
in their order, OF all proceedings except
those entered by The referee. The docket
is to be at all times open TO public in
spection.
Rules ,, 8, and 8 relate successfully to
the filing Of papers, to processes. TO the
conduct of proceedings. and 10 the form
of petitions. II is required that all petit
tions and schedules shall be plainly writ
ten, and without abbreviation.
CONDUCT OF PROCEEDINGS.
Under the head Of Conduct of Pro-
ceedings," rule 1, it is provided that PRO
ceedings may be conducted by the bank
rupt in person in his own behalf. or by a
petitioning or opposing creditor. but a
creditor will only be allowed to manage
before the court his individual interest
Every party may appear and conduct the
by attorney, who shall be an
attorney or counsellor authorized 10 prac-
tice in the circuit or district court No
tees and orders not required 10 be served
on the party personally may be served
upon his attorney"
-
districts" In case two or more petitions
shall be filed against the same individual,
in different districts, the first hearing
shall be had in the district I'm which the
debtor has his domicile. and the petition
may be amended by Inserting an allega-
ton OF an act of bankruptcy committed
lt an earlier date than that first alleged, |
II such earlier date is charged In either |
)f the other petitions. and in case Of |
two or more petitions against the same |
Partnership i'm different courts. each |
laving Jurisdiction over the case. the Pc
ition first filed shall be first heard and |
nay be amended by the insertion of an
allegation OF an earlier act of bankruptcy |
han the first. If such earlier act is
.harged in either of the other petitions;
md, in either case, the proceedings upon
he other proceedings may be stayed until
!
irst heard. and the court which makes
he first adjudication OF bankruptcy shall
etain Jurisdiction over all proceedings
herein until closed"
In the matter Of priority, and I'm cases
rhere two or more petitions are filed by
reditors against q common debtor alleg-
1g separate acts OF bankruptcy on diff
arent days, it is provided by Rule that
reference shall be given 20 the petition
lleglng the earlier act of bankruptcy. In
ase all the petitions name the same day
or the act, the cases are TO be cOnsoli-
ated.
PARTNER MAY RESIST.
Rule 8 provides that any member Of n
who refuses TO join in a petit
on TO have the partnership declared |
ankrupt shall be entitled TO resist the
rayer OF the petition in the same man
er as il the petition had been filed by a |
editor Of the partnership, and 20 make &
1 defences which any debtor proceeded |
yanst 1t entitled TO take by the proyi- ..
on of the act.
Rule 9-In all cases of involuntary bank
lptcy, in which the bankrupt is absent
cannot be found, it is made the duty
the petitioning creditor 10 file within ,
ye days a schedule giving the names :
|
RS OF the bankrupt, according to his
st information II the debtor is found.
g petitioner may apply for an attach
ent against the debtor, TO furnish a
hedule.
Rule 10 provides for the indemnity OF I
ficers OF the court for expenses prior
the performance OF duties.
DUTIES OF REFEREES.
Rule II allows amendments 10 petitions
"a schedule.
The duties Of referees are prescribed by "
e 18th rule. This rule provides that the =,
der referring a case shall name a dav
on which the bankrupt shall be SUBJ
I TO the orders OF the court In all
itters relating 10 his bankruptcy The T
feree is 10 be Immediately notified OF "a
appointment. and thereafter practi-
lly all the proceedings are TO be held
fore the referee. IL Is also required Z
at the time and place at which the re- .
zee shall act shall be fixed by special y
der OF the judge or by the referee. | z
'plications for a discharge or for ap- 6
oval of a composition. or for an injunc- u
n to stay proceedings. are 10 be heard
d decided by the iudge. But he mayI