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"conducive to." The end sought by a bankruptcy law is the appropriation of the debtor's property to the payment of his debts. This clause is for the prevention of frauds by debtors on their creditors, by which that end may be defeated or impaired, and is clearly conducive and plainly adapted to the end sought. The proceedings in bankruptcy merely constitute the machinery by which the appropriation of the debtor's property to the payment of his debts is attained. The prevention of the fraud denounced · by the clause being conducive to that end, it makes no difference whether it relates to a fraud committed before or after the machinery provided for the accomplishment of the end is set in motion. A debtor may or may not be a bankrupt. From the fact that both words "debtor" and "bankrupt," are used, and in the disjunctive, it must be held that the former is used in the clause as descriptive of a person who is a debtor, but who has not at the time of committing the offense become a bankrupt. The "subject of bankruptcies," however, as used in the Constitution, concerns the relation of debtor and creditor. The provision in regard to the time is merely a limitation. The act which the clause purports to punish is an offense the moment it is committed. U. S. v. Pusey, 6 B. R. 284; s. c. 6 L. T. B. 184.

The duty of a commissioner is narrowed to the single inquiry, not whether there is sufficient legal evidence to convict and imprison the accused, but whether there is a prima facie case. If probable cause is shown to justify the belief that the accused has committed the crime charged, he should be committed for trial. U. S. v. Thomas, 7 B. R. 188. If the bankrupt and other persons conspire to commit the acts made criminal by this section and either does any act in purusance of such conspiracy to effect its object, they are liable to indictment under section 5440. U. S. v. Bayer, 13 B. R. 400.

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ACT OF 1898, CH. 4, § 30. Rules, Forms, and Orders. (a) All necessary rules, forms, and orders as to procedure and for carrying this Act into force and effect shall be prescribed, and may be amended from time to time, by the Supreme Court of the United States.

The general rules and orders made by the supreme court, under authority of the bankruptcy law, were designed to systematize and facilitate the practice of the bankruptcy courts, and so far as they apply must be strictly followed; but they were not designed to, nor do they, create or declare the rights of creditors in the estates of bankrupts, still less do they abrogate and annul those rights. In re Baxter & Ralston, 18 B. R. 560.

ACT OF 1898, CH. 1, § 71. The Time when This Act Shall go into Effect. (a) This Act shall go into full force and effect upon its passage: Provided, however, That no petition for voluntary bankruptcy shall be filed within one month of the passage thereof, and no petition for involuntary bankruptcy shall be filed within four months of the passage thereof.

GENERAL INDEX.

For Index to Law of 1898 see under "Law, Bankruptcy, of 1898."

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district court can not withdraw pending, from State courts

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