amount due to each.

1 B. R. 220; s. c. 1 Pitts. L. J. 52.

In re Decatur Jones, 2 B. R. 59; in re John S. Perry, L. T. B. 4; in re Erie L. Hall, 2 B. R. 192; s. c. 16

The marshal should insert in the notice to be published and served, the exact language of the warrant, but an immaterial variance will be disregarded. In re J. Pulver, 1 B. R. 46; s. c. 1 Ben. 381.

The marshal has no discretion, but must serve all notices by mail, unless directed by the warrant to serve the notices personally on the parties therein specified by name. Anon., 1 B. R. 216.

The notice must be served on foreign creditors, as well as those who reside in the United States. In re Heyes, 1 B. R. 21; s. c. 1 Ben. 333; s. c. 36 How. Pr. 249.

ACT OF 1867, § 5020. Every bankrupt shall be at liberty, from time to time, upon oath, to amend and correct his schedule of creditors and property, so that the same shall conform to the facts.

Statute revised - March 2, 1867, ch. 176, § 26, 14 Stat. 529.

For the purpose of allowing amendments where they are uncontested, the register is the court, and has the power to allow them on a direct application to him. The co-ordinate power of allowing them exists in the judge. The original amendments permitted to be made should be filed with the clerk. In re Morford, 1 B. R. 211; s. c. 1 Ben. 264; in re B. Heller, 5 B. R. 46; s. c. 41 How. Pr. 213.

The register can, of his own motion, order amendments at any stage of the proceedings. Such an order ought to specify particularly the points in which the petition and schedules are defective. In re Orne, 1 B. R. 79; s. c. 1 Ben. 420; in re Horace Plimpton, 4 Law Rep. 488.

The register may order an amendment upon the petition of a creditor. In re Decatur Jones, 2 B. R. 59.

The register may refuse to allow amendments, except upon such conditions as will prevent injustice. In re Ratcliff, 1 B. R. 400; in re Perry, 1 B. R. 220; s. c. 1 L. T. B. 4.

The bankrupt may make an application for leave to amend his schedules at any stage of the proceedings before the register has returned the cause to the court, and the filing of specifications does not prejudice him in or deprive him of the right. In re B. Heller, 5 B. R. 46; s. c. 41 How. Pr. 213; in re Chas. Oakley, 5 Law Rep. 327.

When it appears, on the hearing of the specifications against the discharge of the bankrupt, that he has innocently omitted some property from his schedules, the case will be referred back to the register with leave to the bankrupt to amend his schedules. In re Connell, 3 B. R. 443; in re A. B. Preston, 3 B. R. 103.

The application for leave to amend is ex parte, and no notice is necessary. No creditor has a right to oppose the application. The allowance

1 So amended by act of Feb. 27, 1877, ch. 69, 19 Stat. 252.

of an amendment does not prejudice the rights of a creditor. He is not a party to the proceeding, and is not estopped by the order. In re Watts. 2 B. R. 447; s. c. 3 Ben. 166; s. c. 2 L. T. B. 74; in re B. Heller, 5 B. R. 46; S. c. 41 How. Pr. 213.

The better practice in order to bring the question fully before the court, is to allow the assignee and creditors opposing the discharge to oppose the application for leave to amend, and to require due notice of such application to be given to them. In re B. Heller, 5 B. R. 46; s. c. 41 How. Pr. 213.

The bankrupt has the right to amend his schedules by striking out the names of persons who have been improperly and inadvertently inserted as creditors. Ibid.

The bankrupt may amend his petition so as to bring in his copartner. In re Little, 1 B. R. 341; s. c. 2 Ben. 186.

If the petition merely alleges, that the bankrupt had a place of business within the district, he may be allowed to amend upon showing why the petition was not originally made in proper form, and accounting for the delay in applying for leave to amend. In re Edward T. Wood, 13 B. R. 96; s. c. 6 Ben. 339.

TITLE VIII.

INVOLUNTARY BANKRUPTCY.

ACT OF 1898, CH. 1, § 1. Definitions.— (4) "Bankrupt " shall include a person against whom an involuntary petition or an application to set a composition aside or to revoke a discharge has been filed, or who has filed a voluntary petition, or who has been adjudged a bankrupt; (2) "adjudication" shall mean the date of the entry of a decree that the defendant, in a bankruptcy proceeding, is a bankrupt, or if such decree is appealed from, then the date when such decree is finally confirmed; (12) "discharge" shall mean the release. of a bankrupt from all of his debts which are provable in bankruptcy, except such as are excepted by this Act; (15) a person shall be deemed insolvent within the provisions of this Act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts; (19) "persons" shall include corporations, except where otherwise specified, and officers, partnerships, and women, and when used with reference to the commission of acts which are herein forbidden shall include persons who are participants in the forbidden acts, and the agents, officers, and members of the board of directors or trustees, or other similar controlling bodies of corporations; (20) "petition" shall mean a paper filed in a court of bankruptcy or with a clerk or deputy clerk by a debtor praying for the benefits of this Act, or by creditors alleging the commission of an act of bankruptcy by a debtor therein named; (27) "wage-earner" shall mean an individual who works for wages, salary, or hire, at a rate of compensation not exceeding one thousand five hundred dollars per year.

ACT OF 1898, CH. 3, § 4. Who May Become Bankrupts.(a) Any person who owes debts except a corporation shall be entitled to the benefits of this Act as a voluntary bankrupt.

(b) Any natural person, except a wage-earner or a person engaged chiefly in farming or the tillage of the soil, any unincorporated

company, and any corporation engaged principally in manufacturing, trading, printing, publishing, or mercantile pursuits, owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt upon default or an impartial trial, and shall be subject to the provisions and entitled to the benefits of this Act. Private bankers, but not national banks or banks incorporated under State or Territorial laws, may be adjudged involuntary bankrupts.

The pendency of a petition to set aside a composition in an involuntary proceeding, no adjudication having been made therein, was no bar to the right of voluntary petition secured by the act to the debtor. Proceedings should be continued in the case in which an adjudication was made, and proceedings in the involuntary case should be stayed. In re Flannagan, 18 B. R. 439.

Under the bankruptcy law of 1867, the court had no power in involuntary proceedings to adjudicate any person a bankrupt who was not a citizen of the United States at time of filing of petition, though such person may have carried on business within the district for the requisite period. In re Burton & Watson, 17 B. R. 212.

Assignee of a corporation appointed under the bankruptcy laws represents both the corporation and its creditors, and the defense of irregular organization can not be urged against him. Chubb v. Upton, 16 B. R. 537.

ACT OF 1898, CH. 3, § 5. Partners. (a) A partnership, during the continuation of the partnership business, or after its dissolution. and before the final settlement thereof, may be adjudged a bankrupt.

(b) The creditors of the partnership shall appoint the trustee; in other respects so far as possible the estate shall be administered as herein provided for other estates.

(c) The court of bankruptcy which has jurisdiction of one of the partners may have jurisdiction of all the partners and of the administration of the partnership and individual property.

(d) The trustee shall keep separate accounts of the partnership property and of the property belonging to the individual partners. (e) The expenses shall be paid from the partnership property and the individual property in such proportions as the court shall determine.

(f) The net proceeds of the partnership property shall be appropriated to the payment of the partnership debts, and the net proceeds of the individual estate of each partner to the payment of his individual debts. Should any surplus remain of the property of

any partner after paying his individual debts, such surplus shall be added to the partnership assets and be applied to the payment of the partnership debts. Should any surplus of the partnership property remain after paying the partnership debts, such surplus shall be added to the assets of the individual partners in the proportion of their respective interests in the partnership.

(g) The court may permit the proof of the claim of the partnership estate against the individual estates, and vice versa, and may marshal the assets of the partnership estate and individual estates so as to prevent preferences and secure the equitable distribution of the property of the several estates.

(h) In the event of one or more but not all of the members of a partnership being adjudged bankrupt, the partnership property shall not be administered in bankruptcy, unless by consent of the partner or partners not adjudged bankrupt; but such partner or partners not adjudged bankrupt shall settle the partnership business as expeditiously as its nature will permit, and account for the interest of the partner or partners adjudged bankrupt.

ACT OF 1898, CH. 3, § 3. Acts of Bankruptcy.-(a) Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, or defraud his creditors, or any of them; or (2) transferred, while insolvent, any portion of his property to one or more of his creditors with intent to prefer such creditors over his other creditors; or (3) suffered or permitted, while insolvent, any creditor to obtain a preference through legal proceedings, and not having at least five days before a sale or final disposition of any property affected by such preference vacated or discharged such preference; or (4) made a general assignment for the benefit of his creditors; or (5) admitted. in writing his inability to pay his debts and his willingness to be adjudged a bankrupt on that ground.

(b) A petition may be filed against a person who is insolvent and who has committed an act of bankruptcy within four months after the commission of such act. Such time shall not expire until four months after (1) the date of the recording or registering of the transfer or assignment when the act consists in having made a transfer of any of his property with intent to hinder, delay, or defraud his creditors or for the purpose of giving a preference as herein before provided, or a general assignment for the benefit of his creditors, if