The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-29
new BANKRUPTCY RULES
As Announced BY the q. 8. Su-
preme Court.
GO IN EFFECT NEXT YEAR
General Orders Relating o the Acs OF
1897 Apply Until January 2. 1890.
The Regulations In Bank
ruptcy Procesdings.

Justice Grey. announced the new bank
ruptcy rules which IL was authorized to
fran and ~promulgate under the ma
tionai bankruptcy act of July I, 1898.
Justice Grey announced that the rules
would take effect lam. 2. 1899. and all
proceedings heretofore taken substan-
TALLY in conformity with the act and
the regulations of 1867. as far as prac-
ticable. would be upheld. The rules.
while promulgated at this time. he
said, would not be ready for distribu-
ton for some time. owing to proof. re-
vision, etc.
The rules are preceded by an order
prescribing the proceedings In bank
ruptcy under the law previous to the
day on which the rules go into effect.
This order Is to the effect that where
the proceedings are in substantial
conformity either with the provisions
! Of those general orders or else with the
general orders established by this court
under the bankrupt act OF 1867, n
with any general rules or special orders
of the court in bankruptcy, they shall
stand good. subject, however, to such
further regulation by rule OF order 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 OF
the court to keep a docket for entering
in their order. with a memorandum or
all the proceedings except those en-
tered by the referee. The docket Is TO
be at all times pen to public inspec-
tion.
Rules 2. 3 and 5 relate successfully
to h fling of papers. to processes. 10
the conduct of proceedings and to the
frame of petitions. The clerk Is re-
quired to indorse on attachment papers
filed the time of it's receipt. All pro-
cesses are to issue under the seal or
the court. 1t is required that all pc
titions and schedules shall be plainly
interlineation.
Under the head of Conduct of pro-
ceeedings,' rule 4. IL is provided that
the proceedings may be conducted by
the bankrupt in person In his own be-
half or by a p~etitioning or opposing
creditor. put a creditor will only be
allowed to nag before the court his
individual interest. Every party may
appear 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
be served on the party personally. may
be served upon his attorney.
Rule 6. relating to petitions In diner
ent districts: I'm case two or more pc
titions shall be filed against the same
individual in different districts. the
first hearing shall be had in the dis
trict in which the debtor has his domi-
cile. and the petition may be amended
by inserting an allegation of an act OF
bankruptcy committed at an earlier
date than at first alleged IL such ear
lier acts are charged in any OF the
other petitions: and In case OF two or
more petitions against the same part
nership in different courts. each having
Jurisdiction over the case, the petition
first filed shall be first heard and may
be amended by the insertion OF an al
legation of an earlier act of bankruptcy
than that first. IL such earlier act is
charged in eithe of the other petitions
and in either case, the proceedings
upon the petitions may be stayed until
an adjudication is made upon the petl-
ton first heard: n the court which
makes the first adjudication of bank
ruptcy shall retain Jurisdiction over all
proceedings therein until closed"
The matter of priority and in cases
where two or more petitions are nled
by creditors against a common debtor,
alleging separate acts OF bankruptcy
on different days. IL is provided by rule
Z that preference shall be given 10
the petition alleging the earliest act OF
bankruptcy. In case all the petitions
name the same day for the act, the
cases are to be consolidated.
Rule 8 provides that any mem
Der of a partnership, who refuses to
Join in a petition to have the partner
ship declared bankrupt. shall be enti-
tied to resist the prayer of the petition
in the same as IL the petition
had been filed by a creditor of the part
nership and to make all defences which
any debtor proceeded against Is enti-
tied to take by the provisions OF the
act.
Rule .. In all cases Of involuntary
bankruptcy. in which the bankrupt Is
absent or cannot be found, II 10 made
the duty of the petitioning creditor to
file. within five days. a schedule giving
the names and places OF residence Of all
the creditors Of the bankrupt, accord
ing to his best Information. II the debt
or Is found, h petitioner may apply
for an attachment against the debtor
to furnish a schedule.
Rule 10 provides for the indemnity Of
officers of the court for expenses prior
to the performance of duties.
Rule IL allows amendments to petit
tons and schedules. The duties OF ref
erees are prescribed by the 18th rule.
This rule provides that the order refer
ring a case shall name a DAY upon
which the bankrupt shall attend before
the referees. and that from that day
the bankrupt shall be subject to the
orders OF the court in all matters re-
lating to his bankruptcy. The referee
Is to be Immediately notified OF his ap-
pointment and thereafter practically
all the proceedings are to be had by the
referee. II il also required that the
time and place the referee shall act.
shall be fixed by special order OF the
Judge or by the referee. Applications
for a discharge or for approval OF a
composition or for an Injunction to stay
proceedings are 20 be heard and decided
by the Judge. But he may refer the
application to the referee to ascertain
and report the facts.
Rule rs allows either the judge or the
referee to pass upon a trustee appoint
ed by creditors. but allows his removal
by the judge only.
Rule IL forbids the appointment OF
trustees by the courts.
Rule Is renders IL allowable to DIS
pense with trustees IN cases wnere