The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1898-12-03
MEN, BANKRUPTCY
RULES ANNOUNCED
Promulgated BY the Supreme Court,
and are to lake Effect
Il January {.
OLD RULES HOLD MEANWHILE
Publtc Will at All Times Have 40
cess to the Docket-.-De-
tails of the Order of
the Court.

Washington, Nov. 3O.---The United
States supreme court has announced
new rules under the national bank
rnptcy act of July 4. They will take
effect January 2.
The rules are preceded by an order
prescribing proceedings in bank
rnptcy under the law previous to the
day in which the rules go into effect.
This order is to the effect that where
the proceedings are lin substantial
conformity either with the provisions
OF these general orders, or else will,
the general orders established by this
court under the bankrupt act of 1867
and with any general rules or special
orders of the courts in bankruptcy,
they shall stand good, subject. how
ever, to such further regulation by
rule or order of these courts rs may be
necessary or proper to carry into force
and effect the bankrupt act of 1898 and
the general orders OF this court"
h rules, except those specifically
noted In the following synopsis, relate
to the duties of the clerk of the court,
the filing of papers, to processes. con
duct OF proceedings, framing of peti-
tons, indemnity of officers for eNpen-
ses and other routine matters. The
docket is to be Mt all times open to
public fnspection;; lie 4eleIt i, re-
F1ulred to indorse OF each paper filed
the time Gifts receipt, and all petitions
are required TO be plainly written,
without authorizations or interim
cations.
Rule 4 provides that proceedings
may be conducted by the bankrupt in
person in his behalf, or by d Pc
informing or opposing creditor; but a
creditor will only be allowed to man.
age before the court his in
divlduai interest. Every party mny ap-
pear md conduct the proceedings by
attorney" Notices and orders not re-
CURED to be served on the party per-
8sonally may be served upon his attor.
ney.
First Filing Takes Precedence.
l.u!e y says: IN case two or more
petitions shall be filed against the
same individual in different districts.
= hrst hearing shall be had in. the
a!strlct court where the debtor has
nus domicile, and the petition may be
by inserting an allegation of
an act OF bankruptcy committed at an
carrier date than that first
nlieged, such earlier act
ls charged in either of the
other petitions; and iii the ease of two
or more petitions against the same
partnership in different courts. encb
having jurisdiction over the case. the
petition first filed shall be first heard
and may be amended by the insertion
OF an allegation of an earlier
act OF bankruptcy, If such
earlier act is charged in either of the
otner petitions; and in either case the
proceedings upon the other petitions
may be stayed until an adjudication is
MADE upon the petition first heard.
anu y court which makes the first
adjudication Of bankruptcy shall 70.
tam Jurisdiction over all proceedinus
therein until closed,
IN the matter of priority and J.,
ease Where two or more petitions ara
hied by creditors against a .ommnn
debtor, alleging separate acts. Of h.,,1.'
ruptcy on different DAYS. it is nrovide1
by rule that preference shall in
glsen 70 h petition alleging the
ear!Iest act Of bankruptcy. In case all
petitions name the same day for the
act the cases r to be consolidated.
Rule 8 provides that any member cf
q partnership who refuses to Join in
q petition to have the partnership de-
ciared bankrupt shall be entitled 70 re-
sist the prayer of the petition in the
same manner Ms if the petition had
been hled by a creditor of the partner
ship and to make all defenses which
Y debtor proceeded against is en-
titled to take by the provisions Of the
act.
When Bankrupt Is Absent.
Rule 9. In all cases of voluntary
bankruptcy in which the bankrupt is