Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1898-11-29
RULES ON BANKRUPTCY
U. S. Supreme Court Sets
Forth Methods of Procedure.
TO TAKE EFFECT JANUARY 2, 1899

NEW BANKRUPTCY RULING AN
NOUNCED YESTERDAY BY JUS
TICE GRAY IN WASHINGTON.
UNDER ACT OF JANUARY I, 1896,
DUTIES Or REFEREES AND
TRUSTEES.
Justice Gray, Of the Unitel States
Supreme Court, announced yesterday
in Washington the new bankruptcy
rules which the court was authorized
to form under the national bankruptcy
act Of January j, 1896.
The rulings have been awaited with
much interest by Judge Bradford, Of
the United States Court, for this dis
trict, as he, in common with many
other courts throughout the country,
did not feel inclined to proceed with
any bankruptcy cases until the su-
preme Court had announced its rul-
ings.
Justice Gray announced that the new
rules wculd take effect on Monday,
January 2, 1899, and that all proceed
ings heretofore taken substantially IN
conformity to the act and to the regu-
lations 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
prescribing the proceedings in bank
ruptcy under the law previous to the
day OIL which the rules go into effect.
This order is to the effect that where
the proceedings are sin substantial
conformity either with the provisions
Of these general orders, or else with
the general orders established by this
court under the bankrupt act of 1867
and with any general rules or special
orders Of the courts in bankruptcy
they shall stand good, subject, how
ever, TO such further regulation by
rule II 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 o.
THE court to keep a docket for enterinl
cases in their order, with a memo
lrandum of all proceedings except thosi
entered by the referee. The docket 4
70 be at all times open to public in
spection.
Rules ., and 3 relate successivell
to the filing Of papers, to processes
to the conduct Of proceedings and t'
the framing Of petitions. The clerk Il
required to endorse on each papet
filed the time Of it's receipt. All pro
cesses are to issue under the seal o
the court. It is required that all pc
ltitions and schedules shall be plainl.
written and without abbreviation o
linterlineation-
Under the head Of conduct OF pro
ceedings,' rule A, it is provided tha
proceedings may be conducted by tn
bankrupt in person in his own behalf
or by petitloning or or
posing creditor; but a credi
tor, will only be allowed to manag
before the court his individual inter
est. Every party may appear an
, conduct the proceedings by attorne!
who shall be an attorney or counsellc
! authorized to practice in the Circu
or District Court. Notices and order
. not required to be served on the part
personally may be served upon his a
torney."
RELATING TO PETITIONS.
Rule 6, relating to petitions in diffe,
ent districts:
'fIn case two or more petitions sha
be filed against the same individu
in different districts, the first hearir
shall be had in the district in whi'
the debtor has his domicile, and Il
e petition may be amended by insertil
S an allegation of an act of bankrupt
committed at an earlier date than tn
q first alleged, if such earlier act
- charged in either Of the other PEI
!, tions; and in case Of two or more 7
\ titiens against the same partnersh
in different courts, each having jur
Is dietion over the case, the petition fiji
N filed shall be first heard, and may
D. amended by the insertion Of an al
p gatTon or an earlier act Of bankrupt
than that first alleged, # such earl
act is charged in either of the otf
al petitions; and. in either case, the pl
Of ceedings upon. the other petitions m
Of be stayed until an adjudication is ma
10 upon the petition first heard; and
court which makes the first adjudr
tion of bankruptcy shall retain juf
f. diction over all proceedings therein
s. til the. same shall be closed"
ST Tn tho nnaHfar of nriOritv an in ca