The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-11-29
Supreme Court Of the United States Hands
Down an Important Order.
THE RULES BECOME fffECrlyfJANuARY
clerk Must Keep "a separate Docket.
Procedure when More Than One
VI Petition Has Dcen Filled.

mulgatc undef the Nattoiitls DankruptVy act,
July /, 1874 Tho rules have been awaited
with much interest as a numbcr OF csugs
| declined 10 proceed with bankruptcy oasta
| untii the supreme court announced the new
rules. M
Justice Gray ANNOUNCED that tho new
rules would lake effect on Monday. January
y. 1899, and that all proceedings heretofore
taken substantially IN conformity to the
act and 10 tie regulations OF 1861, rs far as
practicable. wouid be upheld. Tho blank
forms TO accompany the rules. whilc pro-
mNlgated NJ tho same time, he sa!d would
NOT be ready for distribution for some
time owing to the proof revision, etc.
Tho ruses are preccdt'i by All order pre-.
scribing The proceedings IN bankruptcy un-
der the law previous TO the day III which
tlc rults 40 into effect This order is TO
Use eftcU that where the proceedings are
in substantial conformity either With the
provisions OF these general orders. or else
with the general orders established by this
court under the bankruptcy act OF 1861, and
with all general rules or special orders OF
thS courts in bankruptcy they shall stand
good. subject, however, to such further
regulation by rules or orders OF those
courts as may be necessary or proper TO
cssry into effect and force the bankrupt
aut OF 1855 ana the gensral orders OF this
court"
The first rule requires the clerk OF the
court to keep I, docket for entering in thcir
order with a memorandum all proceedings
except shose entered by the referee
Rules = and . relate successfully TO
ths hhhg OF papers ana processes 10 tue
conduct CT proceedings and TO the framing
of petitions Tho clerk is required to in
dorse On each paper filed the time of it's
receipt. All processes are to Issue under
the seal OF the court
Under tse head OF coniuct OF proceeds
IN rule IL u pToV'1ed tnat precs"ulhgs
NAV b. cpnsImrted Inv tho baulIrupi In per
son IN his own behalf or by pettuontng
II opposing creditor, hut u creditor VIII
only be allowed TO manage before the court
his individual interest. Every party may
appear and conduct the proceedings by
dVtoii1sy VINO snaii DE an auooIhey OF Nuuii-
ciiior iautho'l2en TO pracuce III the circuit
or 'aisirict court.
Notices and orders not REQUIRED 10 DC
served on Vt'e party personally may DC
served upoh nus attorney.
kuie D. relating TO petitions IN uiitcreMt
distr.cts, says: In case two or more petit
tons shail ne MED against the same inoi-
vidn1 In nj districts tho f,ist near
Ing shall be had In the district In when
we uepuo,' nas ms ao,ilcilc M ols ~ w,
CATION or an act OF bankruptcy committed
III an earlier date than at ilrst hlltHeu' "
such earlier act is NSafsed III cHher OF
the other petitdons. and IN case oi tMo OF
mere pe..tohs asalnsN .ne san,s p'. ,'r'a
sn III ulIltnepN PAWS; e'en n,' ' ,, s',,
aelion over nse cnse' wy pr''o'In ~ ., 80 80
,, nali pe n.e n,s' os an ,,Iie,atjon n, an
Wy .n" ~ p,s,,,a,a, ,h,n ,hat If tho
carrier . ae. VI pnnh,up'Vs o,,'rrai a. ,i,bar
~, tha otbn,. ne,.lt ions and In either ease
OF tne othsr pe'o..o is wv" in s,,,Ion mny
ha STAYED upfil an odtudicaiion Ia made
pe sRsyen u,,.u a IL, ro.ns ,,a ~ no,,r,
uP1n 'ne pe..'io ~, "s .,tnd,,,a,tnn ~ hanks
,,,n,o ah.,I rstni, t,,risdIctdon over all
proceedings ,r.erein until closed.
more netitiona are filed by creditors against
- commSn tIebtor. alleging separate acts
Of bankruptcy on different days. II is pro-
yiSed by rule Ahat preferences snail DE
eiyen to tho petation alleging the earliest |
dav ~ b,,'Isyuntry'
R,,lc x nrovidas that any member OF a
who refuses to join IN pe,l
lion 20 have TIE partnership declared bank
RIM, shall he entitled 10 resist the prayer
of tho petiticn In the same manner as II
the petIiion had buen filed by a creditor OF
the partnership and 10 make all detenses
which any debtor pr3e1eied against is en-
tailed TO take by i've provisions oil ina
act.
Rule o. In all cases of Involuntary bank
can not be found II Is made the dtty Oh inc
creditor 10 file within uve days
a scnedule giving the names anu places OF
residence OF all the creditors OF lhe tanH
rupt, according 10 MS pssl lIuoi %,
Rule 10 provides for indemnity OF OH
GERS OF the count for expenses prior 10 INC
performance OF dutes.
Rule II allows amendments 10 peti'iohs
and schedules.
The duo.es of referees are preser'oea by
the twelfth rule,
Rule 10 allows either fhe jnuSe or the
referee 10 pass upon a trustee appolhleu py
ored.tcrg, but allows his Trial py the Juuse
only
Rule ~ forbids the appointment Oh
trustees by the courts.
Rule Is renders 1t allowable to dispense
with the trustees In cases whefe thcre are
10 assets.
Rule NC provides for the immed ate no
tlfica,ion TO the neferee OF his acceptance
The duties OF trustees were outlined ny |
rule II. One of these requsrenens
outres him to obain complete inventory |
of all bankrupts' property comlng INTO nus
He is to make report 10 me
court rrder this proceeding within tweniy
days, giving the eSim'icd value OF each
article. 10 this schedule creditors are al
loked 10 take exceptions within twenty |
dave. The regulations for the sale Of
nronerty made b. rule is proysG. hat all |
sales ANAL be made by public auction un-
,fss o,iersise ordered bs the court, Upon |