Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1898-11-29

been filed by a creditor Of the partner
ship, and to make all defenses which
any debtor proceeded against is en-
titled to make by the provisions Of the
act.
Rule 9. In all cases of involuntary
bankruptcy in which the bankrupt is
absent or oannot be found, it is made
the duty Of the petitioning creditor 20
file within FIVE days a schedule giving
the names and places Of residence Of
all the creditors OF the bankrupt, ac-
cording to his best information. II
the debtor is found, the 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 Pc
titions and schedule
DUTIES OF REFEREES.
The duties Of referees are prescribed
by the twelfth rule. This rule pro-
yides that the order referring case
shall name a day upon which the
bankrupt shall attend before the ref
cree; and that from that day the bank
rupt shall be subject to the orders Of
the court in all matters relating to his
bankruptcy. The referee is TO be i'm
mediately notified of his appointment
and thereafter practically all the pro-
ceedings are to be had before the ref
cree 1t is also required that the time
and place the referees shall act shall
be fixed by special order Of the judge,
or by the referee. Applications for a
discharge, or for approval Of com
position, or for an injunction TO stay
proceedings are to be heard and de-
cided by the judge. But he may refer
the application to the referee TO as
certain and report the facts.
Rule 1S allows either the judge or
the referee to pass upon a trustee ap-
pointed by creditors, but allows hie
removal by the judge only.
Rule ID forbids the appointment Of
trustees by the courts.
Rule Is renders it allowable to DIS
pense with TRUSTEES in cases where
there are no assets.
Rule 16 provides for the immediate
notification of trustee and his i'm
mediate notification to the referee OF
his acceptance.
TRUSTEES DUTIES OUTLINED.
The duties Of trustees are outline[
by rule II. One Of these requires HIN
to prepare a complete inventory Of al
the bankrupts property coming int
| his possession. He is TO make repor
to the court under this proceeding
within twenty days, giving the esti
mated value of each article. To thii
schedule creditors are allowed to taxi
exceptions within twenty days. II
such cases the referee is authorized z
require the exceptions to be argued
and is required, at the request o
either party, to certify them to tn
Icoun for final determination. Failur
of the trustee to hle a statement ren
ders him liable to removal from office
All Of the accounts Of trustees are re
ferred to the referee for audit.
The regulations for the sale Of prop
erty made by rule is provide that al
sales shall be by public auction, un
less otherwise ordered by the cour
and upon application to the court, an
for good cause shown, the trustee
may be authorized to sell any specific
portion Of the banBTupt's estate at pr
vate sale. Upon petition by a banl
rupts creditor, receiver or trustee, SCI
ting forth that part or the whole
an estate is perishable and that thel
will be loss if the same is not sold in
mediately, the court may order II
same to be sold with Or without NJ
tice to the creditors, and the proceed
to be deposited in court.
=, Rule 19 relates to the accounts
marshals, and rule 20 to the proc
of papers filed subsequent to refe
\ ence.
PROOF OF DEBTS.
Rule 21 relates to the proof
E debts. The first provision under IN
:, heading is as follows:
= Dispositions to prove claims again
bankrupts estate shall be correct
" entitled in the court and in the caul
When made to prove a debt due to
: partnership. it must appear on ga
:. that the deponent is a member OF
Il partnership; when made by an age
the reason the deposition is not ma
by the claimant in person must
p stated. and when made TO prove
debt due TO corporation, the depo
tion shall be made by the treasur
= or, if the corporation has no treasur
- by the officer whose duties most nea'
" correspond to those OF treasurer.
positions to prove debts existing
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