The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1898-12-06

'N -L''A - - - - hIEp
rcGui~ that the time and place ut which
the referee shall act shall BE- fixed hy
special order Of the judge or the referee.
Applications for / discharge or for APP
prevail Of Il composition. Or for III in
junction to stay proceedings are 10 he
heard and decided hy the judge. But he
may refer tho application to the referee
to ascertain and report the facts.
Rule Is allows eth the Judge or
the referee to pass HDon a trustee ~
pointed by creditors but allows his re-
moyal hy the Judge only.
Rule II forbids tho appointment Of
trustees by the courts.
Rule II renders it allowable 10 dis
pense with trustees Ill cases where there
are 10 assets.
Rule ~ provides for the Immediate no
tlficatlon Of Il trustee and his Immediate
notification to the referee OF his accent
ance.
The duties Of trustees are outlined by
rule II. One Of these requires him to
prepare Il complete inventory Of all the
bankrupt property coming into his pos
session. lie is to make report 10 tie
court under his proceeding within %
days giving the estimated value Of each
article.
10 this schedule creditors are allowed
= '"N' 'A''piiolS Wlthlli y GAYS. IN
SUN '"StN the referee - authorized 70
si'it INC exceptions % he argued and
is required nj he request Of either party.
to certify them to the court for final
determination. Failure Of the trustee to
hle Il statement renders him liable To re-
moval from office. All Of the accounts
OF trustees are referred to the referee for
audit.
HE regulations for til" sale Of pro-
pcftE made by rule II provides that
I'll safes *h;lil be by public auction un-
Tess olhefWISe ordered by the court. Upon
:tppllcaton to the court. and for GOOD
cause shown, the trustee may be au-
thorlzed to sell any specified portion Of
the bankrupt $ estate 1t private sale.
pen ielItlon by \ bankrupt. creditor.
receiver or trustee, setting forth that 4
rart er the Whole Of an estate is per-
ishahle, and that there will he less if the
same * not sold Immediately. the court
may order the same to he sold. with or
without notice to the creditors. and the
proceeds 10 be deposited i'll court.
ltHic /? reGiteS to the accounts Of
mafSllalS and rms 20 to the proofs Of pa
perS filed subsequent TO reference.
hule - relates to the proof Of debts.
ihe flrSt provision under this heading is
as follows:
"DepoSitions to prove claims against !
l~ankrupt's estate shall he correctly on
titled in the court and in the causa
When made to prove . debt dlIe ia !
partnership. it must appear on oath that
the denonent is 4 member Of tha mart
ne@&hip: when made by an agent. tho
reason the deposition is not made by the
claimant in person must ba stated a.l
when made to praye J labt d,a /. /.
corporation. the deposition shall bn made
hy the treasurer, or if the corporation
has no treasurer. by the officer whose
duties most nearly CORRESPOND f. thosn
Of treasurer. Dispositions to prove debts
existing in open account shall state when
the Debt became or will become duo: and
if it consists Of items maturing at differ
ent dates the average due date shall be
stated IN default Of which it shall not
ne necessary to compute interest upon
1t. MI such dispositions shall contain al
sFiiie1iI mat no note has been received
- SGth account nor any Judgment RON
,efeo thereon. Proofs Of debt received
ny any trustee shall be delivered to the
f<,r[ee 70 "!ioin the cause IS referred
rr Dt,yi ito'lslo1iS REQUIRE mat notice Of
>"'I "e hfaiied 70 ali rredl-
n,3 tilSii iiat tie GAINS OF
,n+ 0iie-i-en'l !I1bie Tor the bank
c,dai+a,. ~ =, Is hahie - the
4tnorntlv liahIa. tbat a = n"l1S rol'
tbn marion - 4I: 10y "iI'N
hankrunt-s nasta+o ,.har da "73illS. !
trustee or > cr@ditn,. ana ttat -
which have boon .osianaI 1If
shall he sunnorted Inv = lancsitia,, -
owner an tho fine of tho a,n,,amoan,
Of PROCEEDINGS, setting forth tho tr,,n .a,
Sidcration OF the debt and that Il !, ~
tirely unsecured. or if secured the snc,ri-
ty as is required in proving claims
Rule - relates to tnc tlkipg ar ta.-
tlmonE il rs foIIow,
'The examination Of witnesses hnfor,
the reference may be conductd III The
party IN person or 10y his counsel on at
teFney. and Tie witnesses shall he subject
TO examination and cross examination. \.
deposition taken upon an examination
before Il referee shall Ire take down iii
writing by him. or under his direction.