The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-11-29
THE NEW BANKRUPTCY RULES.



3uE Is renders it allowable to dispense
vnd trustees in cases where there are
TO- ssets.
l,la 16 provides for the immediate no
.,l.ation of a trustee and his Immediate
rIudcation 10 the referee OF his accept
Tine duties of trustees are outlined by
H1Io II. one of these requires him TO
Ipranara a complete inventory of all the
stsTlrupt property coming into his posses
r He is to make report to The court
der This proceeding within twenty days
wing the estimated value of each arti-
Is To this schedule creditors are al
loved to take exceptions within twenty
davs In such cases the referee is au-
tbcrfzed to require the exceptions ia be
org5ed and is required, al the request
- eacb marty. to certify them to the court
- anal determination. Failure of the
+ns,ae 10 file a statement renders him Ii
o,1a to removal from Office. All of the
accounts of trustees are referred to the
referee for audit.
The regulations for the sale of the prop
artv made bA Rule is provide that all sales
ebsn he hv public auction unless other
Wise ordered by the court Upon appH-
lotiou to the court and for good cause
shown the trustee may be authorized to
seu any specified portion of the bank
ruDts estate at private sale. Upon petit
tion by a bankrupt, creditor, receiver or
trustee setting forth that a part or the
whole of an estate are perishable, and
that there will be loss if the same is not
sold Immediately. the court may order the
come sold with or without notice to the
creditors, and the proceeds to be deposited
in court
Rule 10 relates 10 the accounts of mar
shals and rule 20 to the proofs of papers
filed subsequent to reference.
Rule p relates to the proof of debts.
The first provision under this heading is
as follows: dispositions to prove claims
against a banl1rupts estate shall be cor
reotly entitled in the court, and in the
cause When made to prove a debt due TO
a partnership IL must appear on oath that
the deponont is a member Of the partner
ship when made by an agent, the reason
the deposition is not made by the claim
ant in person must be stated; and when
made to prove a debt due TO a corporation,
the deposition shall be made by the treas
urer or if the corporation has no treas
urer by the officer whose duties most near
w correspond to those of treasurer. Depo-
sitions to prove debts existing in open ac-
count shall state when the debt became
or will become due; and if it consists OF
items maturing al different dates the aver
age due date shall be stated in default of
interest on it. All dispositions shah contain
an avcrment that no note has
been received for such account nor any
judgment rendered thereon. Proofs of debt
received by any trustee shall be delivered
10 III. referee, to whom the cause is re-
ferred."
Other provisions require that notices of
proceedings shall be mailed to all credit
ors requiring them; and that the claims
fs,,fro fl~~ ff,hl =
bankrupt may be proved in the name of
the creditor, when known by the party
contngenlly liable: that referees may al
low the re-examinati2n of claims against
bankrupts estate when desired by the
trustee or a creditor. and that claims
which have been assigned before proof
shall be supported by a deposition Of the
owner at the time Of the commencement
of proceedings, setting forth the true con-
sheraton of the debt, and that il is en-
tirely unsecured, or, if secured, the Sc
curity as is required in proving claims.
Rule % relates to the taking of testl-
mony and is as follows: THE examina
ton of Witnesses before the referee may
be conducted by the party in person or
by his counsel or attorney, and the wit
nesses shall be subject TO examination and
cross Examination. a deposition taken
upon an examination before a referee shall
be taken down in writing by him or under
his direction, in the form of narrative,
unless ne determines that the eXamira-
ton shall be by question and answer.
When competed it shall be read over to
the witness and signed by him in the
presence of the referee. The referee shall
mole upon the deposition any question OBJ
jected to- with his decision thereon and
the court shall have power 10 deal with
the costs of incompetence, immater.al or
irrelevant depos!tions or parts of them, as
may be just"
Rue % relates to orders of the referee
and Rule 81 10 thet transmission Of proper
claims TO the clerk of the court. Rule %
provides for special meetings of creditors.
Rule 70 requires the referee TO keep ac-
curate accounts of expenses, and rule p
authorizes a review by the judge or any
order made by the referee on petition of
the bankrupt, creditor or trustee.
Rule Is permits the filing of petitions for
redemption of property whenever lit may
be deemed for the benefit of the estate of
bankrupt to redeemed. and discharge
any mortgage or other pledge, or deposit,
or lien, upon any properly, real or per-
sonal or to relieve said property from any
conditional contract and co tender per
Torrance Of the conditions thereof or to
compound and settle any debts or other
claims due or belonging to the estate of
the bankrupt"
Hearings in such cases are provided for,
notice TO be sent 20 all persons Interested
In order that they may appear and show
cause why such order should not be is
sued
Rule 20 relates to the keeping of ac-
counts concerning money deposited ard
lule 30 TO the Imprisonment of debtors
The latter rule is as follows! IF, at the
time Of The preferring his petition the
ne INN %
application. may order him to be produced
upon habeas corpus by the jailer or any
offcef in whose custody he may be be-
lore the referee, for the purpose of testi-
Tying in any matter re.ating to his bank
tuptcy; and, if committed after the fling
Of his petition upon process in any civil
acton, founded upon a claim provable n
pankruptcy the court may upon like APP
phcauon, discharge him from such imprs-
onmenc If the petitioner, during the
tendency Of the proceedings in bank,
ruptcy, be arrested or imnrfsOned uDOn