The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-29

ors are allowed to take exceptions with
IN 70 dayH In such cases the referee
10 authorized to require the exception
to be argued and In required at the re-
quest OF either party to certify them
20 the court for final determination.
Failure of the trustee to file a ate
ment renders him liable to removal.
All OF he of trustees are to
be referred TO the referee for audit.
The regulations for the sale Of prop
erty made by rule Is provides that all
sales shall be made by public auction
unless otherwise ordered by the court.
Upon his application TO the court and
for good cause shown. the trustee may
be authorized to sell any specific por-
ton Of the bankrupt's estate. at private
sale. Upon petition by a bankrupt
creditor. receiver or trustee, setting
forth that q part or whole OF an estate
10 perishable. and that there will be
loss II the same il not sold immediate ely,
the court may order the same to be
sold with or without notice to the cred
itors and the proceeds to be deposited
In court.
Rule n relates to the proof Of debts.
The first provision under this heading is
as follows:
"When made to prove a debt due to a
partnership IL must appear on oath that
the deponent Is a member of the part
nership; when made by an agent. the
reason the deposition is not made by
the claimant In person must be stated:
and when made to prove a debt due to
a corporation. the deposition shall be
made by the treasurer. OF, IL the cor
poration has no treasurer. by the offi-
Ger whose duties most nearly corre-
spond to those of treasurer. Dispositions
to prove debts existing in open account
shall state when the debt became or
will become due: and II II consists OF
items maturing at different dates the
average due dates shall be stated. in
default of which II shall not be neces-
sary to compute interest upon IL. All
such dispositions hall contain an aver
ment that no note has been received
for such account nor any judgment
rendered thereon. Proofs of debt re-
ceived by any trustee shall be returned
to the referee to whom the case Is re-
ferred."
Other provisions require that notices
OF proceedings shall be mailed to all
creditors requesting them; that the
claims OF persons contingently liable
for the bankrupt may be proved in the
name of the creditor unknow by the
party c~ontingently liable: hat referees
may allow the REORGANIZATION OF claims
against a bankrupt estate when desired
by the trustee or a creditor, and that
claims which have been assigned be-
fore proof shall be supported by a de-
| position of the owner at the time OF
the commencement Of proceedings, set
ting forth the true condition of the debt
and that 1t is entirely unsecured. or. IL
secured. h security, as is required in
proving such claims.
Rule % relates to the taking OF tes-
timony, and is as follows:
THE examination Of witnesses before
the referee may be conducted by the
party i'm person or by his counsel or at
torney. and the witnesses shall be sub
ject to examination n cross-examina-
ton. A. deposition taken upon an ex-
animation before referees shall be taken
down in writing by him or under his
direction In the form of narrative. un-
less he determines the examination
shall be by question and answer. When
completed 1t shall be read over to the
witness and signed by him in the pres
ence of the referee. The referee shall
| note upon the deposition any questions
| objected to, with his decision thereon.
The court shall ave power to deal
with the costs OF incompetent, imma-
terial or irrelevant 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.
| ltule % DTONlQtS lOI SDttldi VI
| creditors: rule 26 requires the referee
to keep accurate of expenses
and rule % authorizes a review by the
Judge OF any order made by the referee
on petition of the bankrupt, creditor Oh
trustee.
Rule 2s permits the filing of petitions
for redemptions of property
lit may be deemed for the benefit OF an
estate of the bankrupt to redeem and
| Afs1Ia any nnnrfQQUp or other DlC02f
or deposit or lien upon any property
real or personal. or to relieve said prop
erty from any conditional contracts
n to tender performance OF the con-
ditions thereof, or to compound and set
tie any debts or other claims due or De
longing to the estate of the bankrupt.
Hearings In such cases are provided
for. notice to be sent to all persons
interested in order that they may dp-
pear and show cause why such order
should not be issued.
Rule 2s refers to keeping OF accounts
concerning money deposited and rule
80 I o the imprisonment of debtors.
The latter rule is as follows:
eff. at the time Of preferring his pc
tition, the debtor shall be imprisoned
the court. upon application. may order
him to be produced upon habeas corpus
by the TAILOR or any officer in whose
custody he may be before the referee,
for the purpose of testifying in any
relating to his bankruptcy. IL
the petitioner. during the tendency oil
the proceedings in the bankruptcy be
arrested or imprisoned in any civil nc
ton, the district court. upo his apph'
cation, may issue a writ of habeas cor
pus to bring him before the court "a
ascertain whether such process has
been issued for the collection of any
claim provable in bankruptcy. and u
so provable. he shall be discharged. II
not. he shall be remanded to the Gus
tody in which he may lawfully be-
Rules 81 and 80 deal with petitions
dIscharee of bankrupts and with pro.
ceedings In opposition to such dis
charge. Rule SO provides for arbitra-
ton OF some demands against the es-
tates of bankrupts upon the application
Of trustees.
Rule "a relates to the cost of con-
tinued Authorizations. and rule 35 to the
compensation OF officials. The bank