The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-11-29
THE NEW BANKRUPTCY RULES.
UNITED STATES SUPREME couRr
ANNOuNCED THEM YESTERDAY.

Not Yet Ready for Distribution.
Former Rules of Proceedings to
stand Good When Necessary to En-
force the IS9S Act.
Washington, Nov 2s.-The United States
Supreme Court to-day through Justice
Gray, announced the new bankruptcy rules
which II was authorized to frame and pro-
mu'gate under the national bankruptcy
act of July l. 1885, The rules have been
awaited with much interest. as a nunlber
of courts declined to proceed with bank
ruptcy cases until the Supreme Court an-
nounced the new rules
Justice Gray announced that the new
rules would take effect on Monday. Jan. 2,
1890, ande that all proceedings heretofore
taken substantially In conformity to the
act and to the regulations OF 1867, as far
as practicable, would be upheld. The blank
forms to 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-
scribng the proceedings in bankruptcy un-
der the law previous to the day on which
the rules go into effect This order Is 20
the effect that where the proceedings arc
lin substantial conformity either with the
provisions of these general orders or elss
with the general orders established by this
court under the bankrupt act of 1867, and
with any general rules or special orders oe
the courts In bankruptcy, they shall stand
good, subject however to such further
regulation by rule or order of those 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 ths
court to keep a docket for entering cases
in their order with a memorandum Of all
proceedings except those entered by the
referee. The docket is 20 be at all times
open to public inspection.
Rules 2, and relate successfully to
the fling of papers, 60 processes, TO the
conduct of faoceedings and to the form
of petitions. 1t is required that all petit
tions and schedules shalt be plainly writ
ten and without abbrevlation or inter-
lineation.
Under the head Of Conduct OF Proceed-
ings," rule A. it Is provided that pro-
ceedlngs may be conducted by the bank
rupt IN person IN his own behalf OF b. q
petitioning or opposing creditor; but q
creditor will only be allowed to manage
before the court his individual interest.
Every party may appear and conduct the
proceedings by attorney, who shall be am
attorney or counsellor authorized TO prae-
tice in the circuit or district court. Mo-
Hces and orders not required to be served
on the parry personally may be served
upon this attorney"
Rule G relates to petitions IN Different
districts. "In case two or more petitions
shall be filed against the same individual,
in different districts, the first hearing SHAH
be had in the district In which the debtor
has his domicile and the petition may be
amended by inserting an allegation of asa
act Of bankruptcy committed at an earlier
date than first alleged. il such earlier dats
.s charged In either OF the other petitionss
and ia case Of two or more petitions
against the same partnership in different
courts, each having jurisdiction over ths
case, the petition first fled shall be first
heard and may be amended by the inser-
tion OF an allegation Of an earlier act OF
bankruptcy than that first, If such earlier
act is charged in either of the other petit
tions, and, In either case, the proceedings
upon the other petitions may be stayed
until an adjudication is made upon the Pc
tition frst heard and the court which
makes the first adjudication of bank
ruptcy shall retain jurisdiction over all
proceedings therin until concluded
In che matter OF priority and in cases
where two or more petitions are filed BY
creditors against a common debtor al
leging separate acts OF bankruptcy on
different days, it is provided by rule thar
preference shall be given TO the petition
alleging the earliest act of bankruptcy.
In case all the petitions name the same
day for the act the cases are to be con-
solidated.
Rule provides that any member of a
partnership, who refuses to join in a petit
ton to have the partnership declared
bankrupt shall be entitled 10 resist the
prayer of the petition in the same man-
ner as IL the petition had been filed by a
creditor Of the partnership, and to make
all defenses which any debtor proceeded
against Is entitled to take by the provision
Of the act
Rule g. In all cases of involuntary bank
ruptcy In which the bankrupt Is absent or
cannot be found. It Is made the duty Of
the petitioning creditor to file within five
days, schedule giving the names ana
places of residence of all the creditors or
the bankrupt, according 10 his best infor-
nation If the debtor is found, the petit
toner may apply for an attachment
against the debtor, to furnish a schedule.
Rule 10 provides for the indemnity Of Of
ficers Of the court for expenses prior to
the performance Of duties.
Rule i allows amendments to petitions
and schedule
The duties Of referees are prescribed by
Rule y. This rule provides that fhe order
referring cases shall name a day upon
which the bankrupt shall be subject to
the orders of the court In all matters re-
lating to his bankruptcy The referee is
to be Immediately notified of his appoint
ment. and thereafter practically all the
proceedings are to be held before the ref
cree. II Is also required that time and
place at which the referees shall act shall
be fixed by special order Of the judge or
by the referee. Application for a dis
charge or for approval OF a comnosition