The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-29

schedule creditors are allowed to take
exceptions within twenty days. In
such cases the referee is authorized to
require the exceptions to be argued
and is required, at the request of either
party, to certify them to the court for
final determination. Failure of the
trustee to file a statement renders him
liable to removal from office. All of the
accounts of trustees are to be referred
to the referee for audit.
The regulations for the sale of prop
erty, made by rule is, provide that all
sales shall be made by public auction,
unless otherwise ordered by the court.
Upon his application to the court, and
Tor good cause shown, the trustee may
be authorized to sell any specific por-
ton of the bankrupt's estate at private
sales. Upon petition by a bankrupt,
creditor, receiver or trustee, setting
forth that a part or whole of an estate
is periShable, and that there will be
loss if the same is not sold Immediate
ly, the court may order the same to be
sold, with or without notice to the
creditors, and the proceeds to be de-
posted in court
PROOF OF DEBTS.
Rule q relates to the proof of debts.
The first provision under this heading
is as follows:
Dispositions to prove claims against
bankrupt's estate shall be. correctly
entered in the court and in the cause.
When made to prove a debt due to a
partnership, it must H"pear on oath
that the deponent is member of the
partnership; 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
= IL
the corporation has no treasurer, by
the officer whose duties most nearly
correspond to those of treasurer. Depo-
sitions to prove debts existing in open
account shall state when the debt be-
came or will become due; and if it
consists of items maturing at different
dates, the average due dates shall be
stated, in default of which it shall not
be necessary to compute interest upon
it. All such dispositions shall contain
an averment that no note has been
received for such account nor any judg-
ment rendered thereon. Proofs of debt
received by any trustee shall be re-
turned to the referee to whom the case
is referred.
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 a creditor unknown by the
party contingently liable; that referees
may allow the examination of claims
against a bankrupt estate when de-
sired 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, set
ting forth the true condition of the debt
and that it is entirely unsecured, or, if
secured, the security, as is required in
proving such claims.
TAKING OF TESTIMONY.
Rule % relates to the taking of testi-
mony and is as follows: The exami-
nation of witnesses before the referee
may be conducted by the party in per-
son or by his counsel or attorney and
the witnesses shall be subject to ex-
animation and cross examination A
deposition taken upon an examination
before referee shall be taken down in
writing by him or under his direction
in the form of narrative, unless he de-
termines the examination shall be by
question and answer. When completed
it shall be read over to the witness and
signed by him, in the presence of the
referee. The referee shall note upon
the deposition any question objected to,
with his decision thereon, and the court
competent, immaterial or irrelevant
| dispositions, or parts of them, as may
be just"
Rule 90 relates to orders of the ref
cree and rule "a to the transmission of
proved claims to the clerk of the court.
Rule % provides for special meetings
of creditors; rule 26 requires the referee
to keep accurate accounts of expenses
and rule q authorizes a review by the
-
on petition of the bankrupt, creditor or
trustee.
Rule IS permits the filing of petitions
for redemptions of property whenever
sit may be deemed for the benefit of
an estate of the bankrupt to redeem
and discharge any mortgage or other
pledge or deposit or lien upon any
/ property, real or personal. or to relieve
said property from any conditional con-
tracts, and to tender performance of
the conditions thereof, or to compound
] and settle any debts or other claims
/ due or belonging to the estate of the
| bankrupt Hearing in such cases are
provided for, notice to be sent to all
I persons interested, in order that they
may appear and show cause why such
| order should not be issued.
/ Rule % refers to keeping of accounts
! concerning money deposited, and rule
80 to the Imprisonment of debtors.
IMPRISONMENT OF DEBTORS.
The latter rule is as follows: If, at
the time of preferring his petition, the
! debtor shall be imprisoned, the court,
upon application, may order him to be
produced upon habeas corpus by the
I jailer or any officer in whose custody
! he may be, before the referee, for the
/ purpose of testifying in any manner
relating to his bankruptcy, and the
I court, upon like application, may dis
charge him from such imprisonment
If the petitioner during the tendency
| of the proceedings in bankruptcy, be
arrested or imprisoned upon process in
any civil action, the district court, upon
! his application, may issue a writ OF
/ habeas corpus to bring him before the
court to ascertain whether such pro-
cess has been issued for the collection
of any claim provable in bankruptcy
! and if so provable he shall be dis
| charged, if not, he shall be remanded tc
the custody in which he may lawfully
be-"
Rules 81 and 80 deal with petitions
discharge 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 applica-
ton of trustees. Rule "a relates to the
cost of continued adjudieations, and
rule 50 to the compensation of Off
Gals. The bankruptcy act describes the
fees, and these rules provide that the
fee therein named shall be in full com