The times. [volume] (Richmond, Va.) 1890-1903, 1898-11-29
Hoods
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medicine chest and every 0uHuG
travellers grip. They are
Invaluable when the ssoEzseb
A. on, Of order; cure hesdsehs. ttliousress' ans
ali liver troubiss Mid and sme'snt - GEMS


part or the whse OF an estate Is perish
able and that there will be loss OF the
same IL not sold Immediately. the court
may order the same 10 be sold with or
without notice 10 the creditors. and the
proceeds TO be deposited in court.
Rule 10 relates to the accounts Of mar
shals and rule 20 TO the proofs OF papers
filed subsequent TO reference.
Rule p relates 10 the proof Of debss
The first provision under this heading Is
as follows.
DISPOSITIONS ALLOWED
Dispositions TO prove claims against
bankrupt's estate shall be correctly en-
titled in the court and in the cause.
When made 10 prove a debt 10 a part
ncrship II must appear on oath that the
deponent IS member Of the partner
ship: when made by an agent. the reason
tho deposition IL not mades by the claim
ant in person must be stated. and when
made 10 prove a debt due to q corporation
the deposition shall be made by the
treasurer, or II the corporation have no
treasurer. by the officer whose duties
most nearly correspond 10 those OF treas
urer dispositions to prove debts existing
I'm open account shall state when the
debt became or will become due. and ~
II consists or items maturing at DIFF
ferent dates. the average date shall be
stated in default OF which it shall not
be necessary 10 compute interest upon
IT, All such dispositions shall contain
an avcrment that no note has been re-
ceivsd FOR such account nor any judg-
ment rendered thereon. Proofs Of dent
received by any trustee shall be delverd
10 the refceree 10 whom the cause Is re-
ferred."
Other provisions require that notices or
proceedings shall be mailed 10 all crecl-
tors requesting them; that the claims of
persons cOntingently liable for the BANK
rupi may be proved in the name or the
creditor when known by the party con-
tingently liable that referees may allow
the reorganization of claims against
bankrupt's estate when desired by the
trustee or a creditor. and that claims
which have been assigned before proof
shall be supported by n deposition OF the
owner at the time Of the commence
ment OF proceedings. setting forth the
true consideration of the debt and that
n is entirely unsecured. or II secured.
the security, as is required in proving
claims.
AS TO TESTIMONY.
Rule % relates to the taking OF tesu-
mond and is as follows;
"The examination Of witnesses before
referee
marty in person or by his counsel or at
tornev and the witnesses shall be sub
iect TO examination and cross-eNamlha-
tion. ,..
"A deposition taken upon an eXamina-
tion before a referee shall be taken down
i'm writing by him, or under his dlrec-
ton I'm the form Of narrative unless ne
determines that the examination shall he
by question and answer. When complct-
ed IT shall be read over TO the witness
and signed by him in the presence or the
referee. The referee shall note upon lhe
deposition any question objected 10 with
his decision thereon, and the court shall
have power to deal with the costs of In
competence immaterial or irreleNent
dispositions to parts of them as may be
just"
Rule % relates TO orders OF the referee
and rule a to the transmission of proved
claims to the clerk of the court
CREDITORS MEETINGS.
Rule % provides for special meetings
of creditors: rule 26 requires the referee
to keep accurate accounts of expenses.
and rule q authorizes "a review by the
Judge Of any order made by the referee
on petition of the bankrupt, creditor or
trustee
Rule Is permits the filing of petitions for
redemption OF property whenever 1T may
be deemed for the benefit of the estate
Of a bankrupt 10 redeem and discharge
any mortgage or other pledge or deposit.
or lien upon any property, real or per
sOnal, or to redeem said property from
any conditional contract and to tender
performance of the conditions thereof or
TO compound or settle, any debts or
other claims due or belonging to the es-
tate of the bankrupt"
Hearings in such cases are provided FOR.
notice to be sent TO all persons interested
in order that they may appear and show
cause why such order should not be is
sued.
MONEY AND DEBTORS.
R@le % relates TO the keeping of ac-
counts concerning money deposited, and
Rule 30 10 the 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 appli-
cation may order him TO be produced
upon habeas corpus, by the iailOr or any
officer I'm whose custody he may be before
the referee for the purpose of testifyins
i'm any matter relating 10 his bankruptcy
and. If committed after the filing of his
petition upon process in any civil action
founded upon a claim provable in bank
ruDtcy the court may. upon the like
application discharge him from such i'm
| arisonment II the petitioner. during
the tendency of the proceeding I'm bank
ruptcy, he arrested or imprisoned upon
| process in any civil action, the district
court, upon his application, may issue q
writ Of habeas corpus 60 bring him be-
fore the court TO ascertain whether such
process has been issued for the Collcc-
| ton of any claim provable in bankruptcy
and. II 80 provabe he shall be dis
charged II not he shall be remanded 10
the custody in which he may lawfully
be-"
PETITIONS FOR DISCHARGE.
Rules 81 and 32 deal with petitions for
the discharge of bankrupts and with pro-
ceedings In opposition 10 such discharge
Rule 80 provides for arbitration Of some
demands against the estates of bankrupts
uDnn the application OF trustees. Rule
"a relates TO the costs OF continued adju-
dcation. and Rule IS to the compensation
of officials.
AS TO APPEALS
The bankruptcy acts prescribes there
for and the rules provide that the fees
therein named shall he in full compen-
sation. Appeals TO courts other than the
United States supreme Court arc reSu-
lated by tho rules covering appeals In
equity courts. as provided by rule 90.
The same rule provides for appeals 10
tho United States Supreme Court, but
requires that they be taken within thirty
| days. giving the judge Of the court ap-
pcaled from or a justice OF the supreme
Court the right 10 grant the appeal.