The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-11-29
RULES N BANKRUPTCY
Framed blythe Supreme Court
Under the National Act.
MONDAY, JUNE 2, 1899
Is the Date Set for Them to
Go Into Effect

supreme court today through Justice Gray
announced the new bankruptcy rules
which it was authorized to frame and pro-
mitigate under the national bankruptcy
act Of July l, 1895. The rules have been
awaited with much interest, as a number
Of courts declined 10 proceed with bank
rupt cases until the supreme court an
nounced the new rules.
Justice Gray announced that the new
rules would take effect on Monday, June
2, 1899 and that all proceedings heretofore
taken substantially in conformity with
the act and to the regulations of 1867. as
far as practicable would be upheld. The
blank forms to accompany the rules,
he said. would not be ready for distribu-
ton for some time, owing to proof re-
vision, etc.
FOR CASES ALREADY BEGUN.
The rules are preceded by an order pre-
scribing the proceedings in bankruptcy
under the law previous to the day in
which the rules go into effect. This order
is TO the effect that where the proceed
ings are 'fn substantial conformity either
with the provisions of these orders or
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. however, 10
such further regulation by rule or order
Of those courts as may be necessary or
proper to carry into force and effect the
bankrupt law Of 1855 and the general Or
ders of tslis court
TO INITIATE THE CASE.
The first rule requires the clerk OF the
court to keep a docket for entering cases
in their order with a memorandum Of
proceedings. except those entered by the
referee. The docket is to be at all times
open to public inspection.
Rules 2, 3 and relate successfully 10
the filing of papers, to processes, to the
conduct of proceedings and to the franz
ing of petitions. The clerk is required
to endorse on each paper filed the time of
it's receipt All processes are to issue
under the seal of the court. 1t sre-
CURED that all petitions and schedules
shall be plainly written and without abb
breviation and interlineation.
CONDUCT OF PROCEEDINGS
Under the head Of conduct Of pro-
ceedings," rule 4, it is provided that pro
ceedings may be conducted by the bank
rupt in person in his own behalf, or by
pettioning or opposing creditor; but
creditor Will only be allowed to manage
before the court his individual interest.
Every party may appear and conduct the
proceedings by attorney, who snail be an
attorney or counsellor authorized to
practice in the circuit or district court.
Notices and orders not required TO be
served on the party personally may be
served upon his attorneys.
AS TO PETITIONS.
Rule s. relating to petitions in different
districts:
I'm case two or more petitions shall be
filed against the same individual in diff
ferent districts. the first hearing shall be
had in the district in which the Doctor
has his domicHe and the petition may be
amended by inserting an allegation of an
act of bankruptcy committed a. an ear
lier date than first alleged, if such earlier
act is charged in either of the other pc
titions; and in case of two or more pc
titions against the same partnership in
different courts, each having jurisdiction
over the case, the petition first filed shall
be the first heard and may be amended
by the insertion OF an allegation of an
earlier act of bankruptcy than that first.
IL such earlier act is charged in either
of the other petitions, and. In either case.
the proceedings upon the other petitions
may be stayed until an adjudication IS
made upon the petition first heard; and
the court which makes the first sadjudi-
cation of bankruptcy shall retain juris-
diction over all proceedings therein until
closed"
In he matter OF priority and in cases
where Two or more petitions are fled by
creditors against a common debtor al
leging separate accounts OF a bankruptcy
on different days. # is provided by rule
that preference shall be given 20 the
petition alleging the earliest act Of bank
rup;cy. In case all the petitions name
the same day for the act cases are to
be consolidated.
Rule provides that any member OF 2
partnership who refuses TO join in a Pc
tition 20 have the partnership declared
bankrupt shall be entitled TO resist the
prayer Of the petition in the same man
ner as If IN epetition had been fled by
a creditor Of the partnership and to make
all defenses which any debtor proceeded
against IS entitled go make by the pro-
visions OF the act.
Rule Sin al cases Of involuntary bank
rupscy. in which me bankrupt is absent
or cannot De found Il Is made the duty
Of the petiuonInS creditor 70 file. within
FIVE days. a schedule giving ne names
and places OF residence OF all the cred
itors Of The bankrupt. according 20 MS
best Information. II the debt IS found.
the petitioner may apply for al attach
ment against the debtor 20 furnish
schedule.
Rule 70 provides for the indemnify OF
officers q the court l0r expenses prior
% the performance Of duties.
Rule Il allows amendments 20 petitions
and schedules.
REFEREES AND THEIR DUTIES
The duties q referee az prescribed ~
the twelfth rule. T.sis ruie provides thz;
she order referring a case shall name
. day upon whi>. ne bankrupt snail al