Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-11-29

L Ii ltEl
refer the application TO the referee tC
ascertain and report the facts.
Rule 10 allows either the judge or th'
referee 10 pass upon a trustee appointed
by creditors. but allows his removal by
the judge only.
Rule IA forbids the appointment OF trus-
tees by the courts.
Rule IS renders II allowable TO dispense
with trustees in cases where there ars
no assets.
Rule 16 provides for the immediate noti-
fcation Os a trustee and his immediate
notification to the referee of his accept
ance.
DUTIES OF TRUSTEES.
The duties Of trustees are outlined by
Rule II. One OF these requires a trustee
10 prepare a complete Inventory of al
the bankrupt property coming into his
possession. He is 70 make report TO the
court under this proceeding within twenty
days, giving the estimated value Of each
article. To this schedule creditors are
allowed 70 make exceptions within twenty
days. In such cases the referee is au-
thorized to require the exceptions TO be
argued. and If required NJ the request Of
either party. to certify them to the court
for final determination. Failure Of the
trustee 10 file a statement renders him
liable to removal from Office. All OF the
accounts OF trustees are referred TO the
referee for audit.
The regulations for the sale of property
made by Rule IS provide that all sales
shall he by public auction, unless other
wise ordered by the court. Upon appt-
cation to the court, and for good cause
b.. 4harf Oh n
sell any specified portion of the bank
rupts estate at private sale. Upon peti-
ton by a bankrupt creditor, receiver, or
trustee setting forth that a part or the
whole OF an estate is perishable, and that
there will be loss of the same IL not sole
Immediately, the court may order the
same to be sold, with or without notice
to the creditors, and the proceeds to be
deposited In court
Rule 10 relates to the accounts OF mar
shals. and Rule 20 TO the proofs OF papers
filed subsequent TO reference
PROOF OF DEBTS.
Rule q relates 20 the proof OF debts.
The first provision under this heading is
as follows:
Dispositions to prove claims against
bankrupt's estate shall be correctly en-
titled i'm the court and in the cause
When made to prove a debt To part
nership 1t must appear on oath that the
deponent is a member of the partnership;
when made by an agent the reason the
deposition is not made by the claimant
I'm person must be stated; and when made
10 prove a debt due TO corporation the
deposition shall be made by the treasurer
or If the corporation has no treasurer,
bv the officer whose duties most nearly
10 those of treasurer. Depo-
sitions to prove debts existing in open
account shall state when the debt be-
came. or will become. due, and II IT con-
sists Of items maturing at different dates
the average due date shall be stated, in
lefault OF which Il shall not be necessary
10 compute interest upon H. All such
lepositions shall contain an averment
hat no note has been received for such
recount, nor any Judgment rendered
hereon. Proofs OF debt received by any
rustee shall be delivered to the referee
% whom the cause IS referred"
Other provisions require that notices Of
shall be mailed to all cre-
litors requesting them; that the claims |
Il persons contingently liable for the |
bankrupt may be proved i'm the name OF |
he creditor, when known by the party |
ontingently liable; that referees may |
.llow the re-examination of claims |
gainst n bankrupt's estate when desired |
" the trustee or a creditor, and that |
lalms which have been assigned before |
roof shall be supported by a deposition |
# the owner at the time Of the COM |
OF proceedings, setting forth |
he true consideration of the debt. and |
hat II is entirely unsecured. or if Sc !
urod. the security stated. as is required |
n proving claims.
TAKING OF TESTIMONY.
Rule % relates TO the taking Of testi-
1ony. and Is az follows:
"The examination of witnesses before
he referee may be conducted by the
arty in person, or by his counsel or at
Jrney. and the witnesses shall be subject
, examination and cross-examination A
eposition taken upon an examination be-
)re u referee shall be taken down in
.rting by him, or under his direction, i'm
ne form Of a narrative, unless he de-
,rmines that the examination shall be
y question and answer. When completed
shall be read over 70 the witness and |
gned By him IL the presence OF the
fierce. The referee shall note upon the
epositlon any question objected to. with
Is decision thereupon, and the court
lall have power to deal with the costs
, incompetence, immaterial or irrelevant
positions TO parts Of them. as may be
st"
Rule % relates to orders OF the referee, |
ID Rule 81 TO the transmission OF proved |
aims 10 the Clerk OF the court
Rule - provides for special meetings OF I
editors; Rule 26 requires the referee TO
cp accurate accounts OF expenses, and {
le q authorizes a review by the judge
any order made by the referee, on pe-
ion Of the bankrupt, creditor, or trus- y
2.
REDEMPTION OF PROPERTY.
Rule 2s permits the fling Of petitions
r redemption of property whenever "it l
~ be deemed for the benefit OF the es-
CONCLUDED OK THIRD PACED
Three Car-Loads