The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-11-29


at the request of either party, to certify
them to the court for final determine
ton. Failure of the trustee to file
statement renders him liable to removal
from Office. All the accounts of trustees
are referred to the referee for audit
The regulations for the sale of prop
erty, made by rule eighteen, provide
that all sales shall be made by public
auction unless otherwise ordered by the
court. Upon application to the court,
and for good cause shown the trustee
may be authorized to sell any specified
portion of the bankrupt'S estate at
private sale.
Upon petition by a bankrupt, creditor,
receiver, or trustee, setting forth that
a part or a whole of an estate is perish
able, and that there will be loss if the
same is not sold 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 tWenty-one relates to the PROOF
of debts. The first provisions under this
heading is as follows:
Dispositions to prove claims against
a bankrupt's estate shall be correctly
entitled in the court and in the cause.
When made to prove a debt due to a
partnership, it 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 in person must be
stated; and when made to prove a debt
due to a corporation the deposition
shall be made by the treasurer, or if the
corporation has no treasurer, by the
officer whose duties most nearly CORE
spond to those of treasurer. Dispositions
to prove debts existing in open account
shall state when the debt became or Will
become due; and if it consists of items
maturing at different dates the average
due date shall be stated in default of
which it shall not be necessary to COM
pute interest upon it. All such deposit
tions shall contain an avowment that
no note has been received for such ac-
count or any judgment rendered there
on. Proofs of debt received by any
trustee shall be delivered to the referee
to whom the cause is referred"
Other provisions require that notices of
proceedings shall be mailed to all credit
sons contingentIy liable for the bankrupt
may be proved in the name of the creditor
BILE; that referees may allow the re-exam-
ination of claims against a bankrupt es-
creditor. and that claims which have been
assigned before proof shall be supported
by deposition of the owner at the time
of the commencement of proceedings, set
ing forfh the true c9nslderaIlon OF the ne
if secured, the security, as is required in
proving secured claims.
Rule p relates to the taking of testi-
mony and is as follows:
''The examination of witnesses before
the referee may be conducted by the party
and the witnesses Shall be subjected to ex.
animation. A deposition taken upon an
examination before a referee shall be taken
down in writing by him or under his di-
rection in the form of narrative unless he
determines that the examination shall be
by question and answer. When com
pleted 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 shall
competent, immaterial or irrelevant depo-
sitions, or parts of them, as may be
Rule % relates. to the order of the ref
cree and rule p to the tran s MIS- Of
Rule % provides for special meetings of
creditors, rule 26 requires the referee to
rule p authorizes a review by the judge
of any order made by the referee on petit
Rule % permits the fling of petitions for
redemptions of property whenever lit may
the bankrupt to redeem and discharge any
mortgage, or other pledge or deposit IN
or to relieve said property from any. con-
dltlonad contracJSi ana 70 ten6er PERFORM
ance Of the conditions thereof, or to COM
pound and settle any debts or other
claims due or belonging to the estate of
Hearings in such cases are provided for
in order that they may appear and show
cause why such order should not be is
Rule % relates to the keeping of ac-
counts concerning money and rUle 80 to
the Imprisonment of debtors. The latter
rule is as follows:
IF, at the time of preferring his petit
ton. the debtor shall be imprisoned, the
court upon application, may order him to
be produced upon habeaS corpus by the
may be, before the referee, for the pur-
pose of testifying in any matter relating
to his bankruptcy: The court may, upon
like application, discharge him from such
Imprisonment. If the prisoner. during
rlIDtcv 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 before the
cess has been issued for the collection of
so proTable Il he shall be discharged: if not.
No
which he may lawfully be-
Rules 81 and 90 deal with petitions for
the discharge of bankrupts and with pro-
Rule 90 provides for arbitration of some
demands against the estates of bankrupts
relates to the cost of continued adjudica-
lions, and rule 50 to the compensation of
officials. The bankruptcy act prescribes
the fees and these rules provide that the
fees therein named shall be in full COM
Appeals to courts other than the United
rules governing appeals in equity cases
in the United States courts as provided
appeals to the United States supreme
court but requires that they be taken
within 30 days lays giving the Judge Of the
supreme court the right to grant the APP
Rule 81 allows the Judge by special order
in any case to vary the time allowed for
return of process for appearance and
pleading, and for taking testimony and
the rules for the preparation of any par
ticular case so as to facilitate a speedy
The 3Sth and last rule provides for the
alteration of the forms which are append
ed to suit the circumstances of any par
ticular case.
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