The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-11-29
BANKRUPTCY LAWS.
United states Supreme Court makes an
Important RnIing


Washington, Nov. 2s-The supreme
court Of the United States has handed
down a decision in the bankruptcy law
The rules are preceded by an order
prescribing the proceedings in bank
ruptcy under the law previous to the
day in which the rules go into effect.
This order is to the effect that where
the proceedings are "in substentlan
to these general orders or else with
the general orders established BY this
court under the bankrupt law etstab-
lished in 1867 and with any general
rules or special orders of the courts In
bankruptcy, they shall stand good. sub
ject however to such further regula-
tion by rule or order OF those courts
as may be necessary or proper into
force and effect the bankrupt law or
1898 and the general orders Of the
court.
APPLICATION Oh RULES
Rules 2. g. and relate successfully
to the flng Of papers, to processes, to
the conduct Of proceedings. and to the
frame Of petitions The clerk is requir-
ed to endorse on each paper filed the
time or its receipt All processes are to
issue under the seal Of the court II
is required that all petitions and sched-
ules shall be plainly written and with
out abbrevlation or interination.
Under the head of Conduct Of pro-
ceedings' rule four, It is provided that
proceedings may be conducted by the
bankrupt in person in his own behalf
or by a petitionlng or opposing cred
itor; but creditor win only be allow
ed to manage before the court his in
dividual interest. Every party may ap-
peart and conduct the proceedings by
attorney who shall be an attorney or
counsellor authorized to practice in the
circuit or district court.
| Notices and orders not required TO
40 a-i NNN tAA AiAN ltNi - NA9NAsAAiF RHf 'hFN
be served upon his attorney
AS TO PETITION
Rule six. relating to petitions in diff
ferent districts;
In case two or mere petitions shall
be filed against the same individual In
different districts. the first hearing
.h.p D.. h.a A.. .,f. ,,t-t,t,+ O.. .,-ht.A
the debtor has had his domiclc, ana
the petition may be amended by in
sertlng an allegation Of an act OF
bankruptcy committed at an earlier
date than that first alleged, II such ear
lier act Is charged in either Of the 9TH
er petitions; an increase OF two or
more petitions against the same part
nership IN different courts, each hav-
ing jurisdiction over the case, the pc
titiun first filed shall be the first heard,
and may be amended by the insertion
Of an allegation of an earlier act Of
bankruptcy than at first, at such ear
llier act is charged in either OF the 9TH
| El DtllAlNiHf anu III NiAAAfA NoeNf AAiN
proceedings upon the other petitions
may be stayed until an adjudication
is made upon the petition first heard;
md the court which manages the first ad-
Indication Of bankruptcy shall retain
Jurisdiction over all proceedings there
in until closed"
IN PRIORITY or CASES.
In the matter of priority and in the
case where two or more petitions are
Hled by creditors against a common
debtor alleging separate cases Of bank
ruptcy on debtors, it is provided by
rule seven that the preference shall be
given TO the petition alleging the ear
Iletst act Of bankruptcy. In case all the
petitions name the same day for the
act. the cases are to be consolidated.
Rule eight provides that any member
OF a partnership who refuses to join
in a petition to have the partnership
declared bankrupt shall be entitled to
resist the prayer OF the petition I'm the
same manner as II the petition had
been filed by creditor OF the partner
ship. and to make all defenses which
any debtor proceeded against Is en-
titled to take by the provisions OF the
act.
VOLUNTARY BANKRUPTCY.
Rule 9-In an cases OF voluntary
bankruptcy, In which the bankrupt is
absent or cannot be found 1t is made
the duty OF the petltIoning creditor to
nle. within five days. schedule giving
the names and places OF residences OF
all the creditors Of the bankrupt ac-
cording 10 his best Information. II the