The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-29

compute interest upon It, All such deposit
tions shall contain an averment that no note
has been received for such account nor any
judgment rendered thereon. Proofs of debt
received by any trustee shall be delivered
20 the referee to whom the cause Is re-
ferre.l.
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 when
known by the party contingently liable: that
referees may allow sihe REORGANIZATION 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 q deposition OF
the owner at the time. of the commencement
OF proceedings. setting forth the true CON
sideration of the debit and that it is entirely
unsecured, or, If secured, the security, as is
required in proving secured claims
Rule Y relates to the taking of testimony,
and is as follows: Tue examination of wit
nesses before the referee may be conducted
oy the party in person or by his counsel or
attorney, ana the witnesses snail be subject
TO examination and REORGANIZATION. A
deposition taken upon an examination be-
fore q referee shall BIZ taken down in writ
ing oy MIN, or under his direction, In the
form of narrative, unless he determines that
the examination shall be by question and
answer. When completed, it shall be read
over 20 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 shall have power 10 deal with the
costs of incompetent, imnaterial or irrele-
want dispositions, or parts Of them, as may
Rule % relates to orders of the referee
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
order made by the referee on petition of the
bankrupt. creditor or trustee.
REDEMPTION OF PROPERTY.
Rule q permits the filing of petitions for
redemption of properly whenever 'ft may
be deemed for the benefit of the estate of
q bankrupt to redeera 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
contract, and TO tender performance of the
conditions thereof. or TO compound and set
tie any debts or other claims due or belong
ing to the estate of the bankrupt" Hear
ings in such cases are provided for notice to
be SEM to all persons Interested in order that
they may appear and show cause why such
order should not be issued.
Rule % relates to keeping of accounts con-
corning money deposited, and No. 80 to
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
5ailer or any officer in whose custody he
may be. before the referee, for the purpose
or testlfying in any matter relating TO his
pdIkTuplCys the court may, upon ike appll-
cation, discharge him from such imprison-
ment. If the petitioner during the tendency
OF the proceedings in bankruptcy, be arrest
ed or imprisoned upon process in any civil
action, the district court, upon his appica-
ton, may issue a writ of habeaS corups to
bring him before the court to ascertain
whether such process has been issued for
the collection Of any claim proved in bank
ruptcy, and, If so provable, he shall be dis
charged; If not, he shall be remanded to
the custody in which he may lawfully be-"
Rules 81 and 90 deal with petitions for the
discharge of bankrupt$ and with proceed
tngs in opposition to stlch discharge.
Rule 80 provides for arbitration of some
demands against the estates of bankrupts
upon the application of trustees.
Rule "a relates to the costs Of continued
adjudications, and Rule 50 to the compen-
sation Of officials The bankruptcy act pre-
ecribes the fees, and these rules provide
that the fees therein named shall be in full
compensation.
Appeals to courts other than the United
States Supreme Court are regulated by the
rules governing appeals in equity cases in
United States courts, as provided by Rule
So The same rule provides for appeals to
the United States Supreme Court, but re-
quires that they be taken within thirty
days giving the judge Of the court appealed
from or justice of the Supreme Court the
right to grant the appeal. Rule 81 allows
the judge, by special order in any case 10
vary the time allowed for return of process
for appearance and pleading, and for taking
testimony and publication, and may other
wise modify the rules fer the preparation of
any particular case So as to facilitate a
speedy hearing.
The thirty-eighth, and last, rule provides
for the alteration of the forms which are
appended to suit the circumS tanceS of any
particular case.