COMPUTATION OF TIME.

§ 31. Computation of Time.- (a.) Whenever time is enumerated by days in this Act, or in any proceeding in bankruptcy, the number of days shall be computed by excluding the first and including the last, unless the last fall on a Sunday or holiday, in which event the day last included shall be the next day thereafter which is not a Sunday or legal holiday.

The last day for a bankrupt to apply for his discharge under the Act of 1867 fell on Thanksgiving. It was held that he might apply on the following day. In re Lang, 2 N. B. R. 480; 14 Fed. Cas. 1097.

The court refused to set aside the proceedings of a meeting of creditors because it was held on Thanksgiving day. In re McGlyn, 2 Low. 127; 16 Fed. Cas. 122.

TRANSFER OF CASES.

§ 32. Transfer of Cases. (a.) In the event petitions are filed against the same person, or against different members of a partnership, in different courts of bankruptcy each of which has jurisdiction, the cases shall be transferred, by order of the courts relinquishing jurisdiction, to and be consolidated by the one of such courts which can proceed with the same for the greatest convenience of parties in interest.

CHAPTER V.

OFFICERS, THEIR DUTIES AND COMPENSATION.

REFEREES

APPOINTMENT AND QUALIFICATION.

§ 33. Creation of Two Offices.- (a.) The offices of referee and trustee are hereby created.

§ 34. Appointment, Removal, and Districts of Referees.- (a.) Courts of bankruptcy shall, within the territorial limits of which they respectively have jurisdiction, (1.) appoint referees, each for a term of two years, and may, in their discretion, remove them because their services are not needed or for other cause; and (2.) designate, and from time to time change, the limits of the districts of referees, so that each county, where the services of a referee are needed, may constitute at least one district.

$35. Qualifications of Referees. (a.) Individuals shall not be eligible to appointment as referees unless they are respetively (1.) competent to perform the duties of that office; (2.) not holding any office of profit or emolument under the laws of the United States or of any state other than commissioners of deeds, justices of the peace, masters in chancery, or notaries public; (3.) not related by consanguinity or affinity, within the third degree as determined by the common law, to any of the judges of the courts of bankruptcy or circuit courts of the United States, or of the justices or judges of the appellate courts of the districts wherein they may be appointed; and (4.) residents of, or have their offices in, the territorial districts for which they are to be appointed.

$36. Oaths of Office of Referees.- (a.) Referees shall take the same oath of office as that prescribed for judges of United States courts.

§ 37. Number of Referees. (a.) Such number of referees shall be appointed as may be necessary to assist in expeditiously transacting the bankruptcy business pending in the various courts of bankruptcy.

JURISDICTION.

§ 38. Jurisdiction of Referees.- (a.) Referees respectively are hereby invested, subject always to a review by the judge, within the limits of their districts as established from time to time, with jurisdiction to

(1.) Consider all petitions referred to them by the clerks and make the adjudications or dismiss the petitions;

(2.) Exercise the powers vested in courts of bankruptcy for the administering of oaths to and the examination of persons as witnesses and for requiring the production of documents in proceedings before them, except the power of commitment;

(3.) Exercise the powers of the judge for the taking possession and releasing of the property of the bankrupt in the event of the issuance by the clerk of a certificate showing the absence of a judge from the judicial district, or the division of the district, or his sickness, or inability to act;

(4.) Perform such part of the duties, except as to questions arising cut of the applications of bankrupts for compositions or discharges, as are by this Act conferred on courts of bankruptcy and as shall be prescribed by rules or orders of the courts of bankruptcy of their respective districts, except as herein otherwise provided; and

(5.) Upon the application of the trustee during the examination of the bankrupts, or other proceedings, authorize the employment of stenographers at the expense of the estates at a compensation not to exceed ten cents per folio for reporting and transcribing the proceedings.

In the absence of objections by the creditors, the register had power under the Act of 1867 to order a sale of the debts and choses in an action belonging to the estate. In re Bank of North Carolina, 19 N. B. R. 164; 2 Fed. Cas. 668.

A register in bankruptcy was held under the Law of 1867 to have power to direct the assignee to pay court fees to officers of the court out of funds in his hands. In re Lane, 3 Ben. 98; 14 Fed. Cas. 1069.

The register has not the power to decide on the validity of objections to questions in the examination of a bankrupt or on the admissibility of testimony. In re Patterson, 1 N. B. R. 147; 18 Fed. Cas. 1321 (1867).

The register can, of his own motion, order the bankrupt to amend his schedules to conform to the facts, or when they appear insufficient or irregular. But the order of the register should specify in what respect the schedules are defective. In re Orne, 1 N. B. R. 79; 18 Fed. Cas. 823 (1867).

Under the Act of 1867 the register had no authority to exclude a question addressed to a witness which was challenged for want of competency, materiality or relevancy.. In re Rosenfield, 1 N. B. R. 319; 20 Fed. Cas. 1205.

It was held under the Act of 1867 that a register had power to adjourn a meeting of creditors when, in his opinion, the interest of the creditors, as a whole, required it. In re Cheney, 19 N. B. R. 16; 5 Fed. Cas. 541.

Under the Act of 1867 the register in bankruptcy was required to take possession of the bankrupt's property, and keep it until it was turned over to the assignee on his appointment. In re Hasbrouck, 1 Ben. 402; 11 Fed. Cas. 767.

A register has no power to order the bankrupt to execute deeds releasing an interest held at the time of filing his petition. In re A. B., 3 N. B. R. 244; 1 Fed. Cas. 3.

Judge Blatchford construed rule 3 under the Act of 1867 to mean that a register could not order the proof of a debt to be expunged or reduced if the debtor objected, but that he must certify the question to the court. In re Muldaur et al., 8 Ben. 127; 17 Fed. Cas. 959.

Under section 26 of the Act of 1867, the register could make an order for the examination of the bankrupt or a witness without applying to the court, and such examination was conducted substantially as in supplementary proceedings under the laws of the state. In re Pioneer Paper Co., 7 N. B. R. 250; 19 Fed. Cas. 715.

Questions to be decided by the district court must arise regularly in the course of proceedings before the register, and between parties who have a legal right to raise them, unless there is a suggestion that the proper party is acting in bad faith in refusing to raise such question or other similar suggestion. In re Wright, 1 N. B. R. 393; 30 Fed. Cas. 662 (1873). Certain creditors appeared before the register and filed objections to proceedings in bankruptcy on the ground, among others, that the bankrupt had omitted from his schedule property held by him or others for his use. The court held that this was not such an "opposition to the discharge" as required the register to refer the matter to the court. In re Hill, 1 Ben. 321; 12 Fed. Cas. 144.

It was held under the circumstances of the case that the register might appoint a watchman to take charge of the property of the bankrupt. In re Bogert, 2 N. B. R. 585; 3 Fed. Cas. 803.

Where a trustee had been appointed by the creditors under section 43 of the Act of 1867, it was held that the register had no power on the mere application of creditors to issue a summons for his examination or for the production of his books and papers. In re Hicks, 2 Fed. Cas. 851.

[See notes to § 21 as to authority of referees in the examination of witnesses.]

DUTIES.

§ 39. Duties of Referees. (a.) Referees shall

(1.) Declare dividends and prepare and deliver to trustees dividend sheets showing the dividends declared and to whom payable;

(2.) Examine all schedules of property and lists of creditors filed by bankrupts and cause such as are incomplete or defective to be mended;

(3.) Furnish such information concerning the estates in process of administration before them as may be requested by the parties in interest;

(4.) Give notices to creditors as herein provided;

(5.) Make up records embodying the evidence, or the substance thereof, as agreed upon by the parties in all contested matters arising before them, whenever requested to do so by either of the parties thereto, together with their findings therein, and transmit them to the judges;

(6.) Prepare and file the schedules of property and lists of creditors required to be filed by the bankrupts, or cause the same to be done, when the bankrupts fail, refuse, or neglect to do so;

(7.) Safely keep, perfect, and transmit to the clerks the records, herein required to be kept by them, when the cases are concluded;

(8.) Transmit to the clerks such papers as may be on file before them whenever the same are needed in any proceedings in courts and in like manner secure the return of such papers after they have been used, or, if it be impracticable to transmit the original papers, transmit certified copies thereof by mail;

(9.) Upon application of any party in interest, preserve the evidence taken or the substance thereof as agreed upon by the parties before them when a stenographer is not in attendance; and

(10.) Whenever their respective offices are in the same cities or towns where the courts of bankruptcy convene, call upon and receive from the clerks all papers filed in courts of bankruptcy which have been referred to them.

(b.) Referees shall not

(1.) Act in cases in which they are directly or indirectly interested;

(2.) Practice as attorneys and counselors at law in any bankruptcy proceedings; or

(3.) Purchase, directly or indirectly, any property of an estate in bankruptcy.

Judge Blatchford held that proceedings before a register are under his control, and should be conducted without reasonable delay, but that no inflexible rule can be prescribed as to postponements. In re Hyman, 3 Ben. 28; 12 Fed. Cas. 1134.

Where a part of the bankrupt's property is covered by a lien for its full value, the assignee in bankruptcy will not be required to determine the priority or validity of subsequent liens. Mattocks v. Ferrington, 2 Hask. 331; 16 Fed. Cas. 1147.

A general reference to the register was held to be sufficient to authorize him to take testimony regarding the claim of the petitioning creditors for costs and disbursements. In re Robinson, 43 How. Pr. 25; 20 Fed. Cas.