trade of any mechanic, or other person, used or kept for the purpose of carrying on his trade or business not to exceed two hundred dollars in value." In re Bjornstad, 9 Biss. 13; 3 Fed. Cas. 489.

The laws of Wisconsin exempt "the tools and implements of stock in trade of any mechanic, miner or other person used and kept for the purpose of carrying on his trade or business not exceeding two hundred dollars in value." It was held that an article which a merchant buys merely for the purpose of exchanging for money, or other valuable property, or a watch bought by a jeweler for the purpose of selling, did not come within the exemption. Ex parte Robinson et al., 7 Biss. 125; 20 Fed. Cas. 963.

The laws of Wisconsin exempted "tools and implements, or stock in trade of any mechanic, miner, or other person used or kept for the purpose of carrying on his trade or business, not exceeding two hundred dollars in value." It was held under the Act of 1867 that the individual members of a mercantile firm could not claim $200 each out of the partnership stock. In re Hughes et al., 8 Biss. 107; 12 Fed. Cas. 832.

[For wife's right of dower, see §8.]

DUTIES OF BANKRUPTS.

§ 7. Duties of Bankrupts.-(a.) The bankrupts shall

(1.) Attend the first meeting of his creditors, if directed by the court or a judge thereof to do so, and the hearing upon his application for a discharge, if filed;

(2.) Comply with all lawful orders of the court;

(3.) Examine the correctness of all proofs of claims filed against his estate;

(4.) Execute and deliver such papers as shall be ordered by the court;

(5.) Execute to his trustee transfers of all his property in foreign countries;

(6.) Immediately inform his trustee of any attempt, by his creditors or other persons, to evade the provisions of this act, coming to his knowledge;

(7.) In case of any person having to his knowledge proved a false claim against his estate, disclose that fact immediately to his trustee; (8.) Prepare, make oath to, and file in court within ten days, unless further time is granted, after the adjudication, if an involuntary bankrupt, and with the petition if a voluntary bankrupt, a schedule of his property, showing the amount and kind of property, the location thereof, its money value in detail, and a list of his creditors, showing their residences, if known, if unknown, that fact to be stated, the

amounts due each of them, the consideration thereof, the security held by them, if any, and a claim for such exemptions as he may be entitled to, all in triplicate, one copy of each for the clerk, one for the referee, and one for the trustee; and

(9.) When present at the first meeting of his creditors, and at such other times as the court shall order, submit to an examination concerning the conducting of his business, the cause of his bankruptcy, his dealings with his creditors and other persons, the amount, kind, and whereabouts of his property, and, in addition, all matters which may affect the administration and settlement of his estate; but no testimony given by him shall be offered in evidence against him in any criminal proceeding.

Provided, however, That he shall not be required to attend a meeting of his creditors, or at or for an examination at a place more than one hundred and fifty miles distant from his home or principal place of business, or to examine claims except when presented to him, unless ordered by the court, or a judge thereof, for cause shown, and the bankrupt shall be paid his actual expenses from the estate when examined. or required to attend at any place other than the city, town, or village of his residence.

Preparation and Amendment of Schedules.

A bankrupt is obliged to take up on his schedules partnership property as well as his separate estate, but he need not include an action in tort. In re Brick, 4 Fed. Rep. 804.

The bankrupt conducted a saloon under an arrangement with the owner by which he received one-half of the net profits for his services. Held, that he was not bound to take this interest upon his schedules. In re Beardsley, 1 N. B. R. 457; 2 Fed. Cas. 1176.

The offense of omitting property from a bankrupt's schedules, defined in the Act of 1867, was held to be complete when the false schedule was filed. United States v. Clark, 1 Low. 402; 25 Fed. Cas. 446.

A petitioner is not obliged to enter upon his schedule of property an interest which he has in the net profits of a firm as partial compensation for his services. In re Brown, 5 Law Rep. 121; 4 Fed. Cas. 332 (1842).

A bankrupt is not obliged to enter upon his schedule of liabilities a contingent liability as stockholder in a corporation that has suspended, where it is not in proof that it will not be able to pay its debts without resorting to the stockholders. In re Greenebaum et al., 1 Chi. L. J. 599; 10 Fed. Cas. 1156.

A bankrupt who omitted certain items from his schedule upon the advice of his counsel was held not to be guilty of perjury under the

Act of 1841. United States v. Conner, 3 McLean, 573; 25 Fed. Cas. 595 (1842).

A conveyance made to a bankrupt had been impeached as fraudulent in a suit in a state court, and a receiver had been appointed to take charge of the property in controversy. Held, that the omission of the property so held by the receiver from the schedules of the bankrupt was not a sufficient ground for refusing a discharge. In re Freeman, 4 Ben. 245; 9 Fed. Cas. 750.

The bankrupt's property had been sold under execution, and purchased by his wife with her separate funds. It was held that he was not obliged to enter the property on his schedules. In re Pomeroy, 2 N. B. R. 14; 19 Fed. Cas. 956.

The bankrupt omitted from his schedule of liabilities certain debts that were barred by the statute of limitations of the state where the proceedings were commenced, but might possibly be enforced under the laws of another state. The court held that they should have been included. In re Perry, 1 N. B. R. 220; 19 Fed. Cas. 263.

Neither a judgment nor the levy of an execution divests a bankrupt of his property, and he is bound to take up the property on which such a levy was made on his schedule. In re Lady Bryan Min. Co., 6 N. B. R. 252; 14 Fed. Cas. 928.

Judge Deady, of the district court of Oregon, decided that a willful omission by a bankrupt of a debt due by him is sufficient ground for refusing a discharge; but did not decide whether any creditor but the one whose debt was omitted had a right to object to the discharge. In re Kallish, Deady, 575; 14 Fed. Cas. 93.

The bankrupt entered certain property on his schedule as exempt. The court held that it was the duty of the assignee to correct or disregard to entry, and that it did not affect the truth of the schedule. In re Whetmore, Deady, 585; 29 Fed. Cas. 921.

A bankrupt having property in his possession and treating it as his own, who omits it from his schedule and does not turn it over to his assignee, is chargeable with concealment, and it is no answer to state that it really belongs to his assignees by virtue of a previous assignment under the insolvent laws of the state. In re Beal, 1 Low. 325; 2 Fed. Cas. 1107.

Before the passage of the Act of 1841, a debtor, with many circumstances of fraud, had bought a house and taken the title in his mother's name, and subsequently confessed judgment to his mother, which was partly satisfied by the sale of his household furniture, etc. Held, that he was not obliged to take up the house on his schedule of assets, and that he could properly insert his mother on the schedule of liabilities for the deficiency in her judgment. Ex parte Robertson, 1 N. Y. Leg. Obs. 20; 20 Fed. Cas. 938 (1842).

It was held under the Act of 1841, that the inventory or schedule must designate property so that the assignee can find it out and identify it. The court said: "This is not a mere matter of form, but it is made by the law a condition that he should do so, and he can no more obtain his

discharge without a proper inventory, than he could without entering his petition." In re Frisbee, 4 Law Rep. 483; 9 Fed. Cas. 959.

A schedule of the bankrupt's personal estate that fails to set forth the separate items is defective, but can be amended. So as to a statement of liabilities. In re Hill, 1 Ben. 321; 12 Fed. Cas. 144.

A description of real estate in a schedule is sufficient when it gives the county and town in which it is situated, and the name of the bankrupt's grantor. In re Dodge, 7 Fed. Cas. 785 (1842).

Under the rule of court requiring schedules to be written plainly and without abbreviations, the use of ditto marks (") to bring down a word from the preceding line is forbidden. In re Orne, 1 N. B. R. 79; 18 Fed. Cas. 823 (1867).

It was questioned by Judge Hall, whether a schedule which gave the residences of creditors in abbreviations, as N. Y. for New York, could be certified, but he refused to decide the question on an ex parte hearing. Anon., 2 N. B. R. 141; 1 Fed. Cas. 1015.

A creditor will not be heard to object to omissions in the schedules of a petitioner that are not specifically pointed out. In re Plimpton, 4 Law Rep. 488; 19 Fed. Cas. 874.

Held, that no creditor had a right to oppose an application of the bankrupt to amend his schedules so as to include a lease which had been omitted. In re Watts, 3 Ben. 166; 29 Fed. Cas. 433.

Where the bankrupt omitted from his schedule certain debts which he claimed were barred by the statute of limitations, and the creditors had no notice of the proceedings in bankruptcy, a discharge was refused, and the case referred back to a register for further proceedings. In re Cushman, 7 Ben. 482; 6 Fed. Cas. 1066.

Creditors have no right to object to an amendment by the bankrupt of his schedule of creditors for the purpose of inserting a name accidentaly omitted, and no notice is required. In re Hill, 5 Fed. Rep. 448. After a hearing on specifications in opposition to the discharge of a bankrupt, he was allowed to amend his schedule of assets by supplying an omission. In re Preston, 3 N. B. R. 103; 19 Fed. Cas. 1289.

It was held to be competent under the Act of 1867, for a register to allow amendments to the schedules without notice. In re Heller, 5 N. B. R. 46; 11 Fed. Cas. 1052.

A schedule of creditors cannot be corrected on a motion pending before the register to record a resolution of composition, so as to show that the required number had joined. The correction can only be made at a meeting of creditors. Confirmation of the composition was thereupon denied with leave to renew. In re Asten, 8 Ben. 350; 2 Fed. Cas. 69.

A bankrupt who had omitted an estate in expectancy from his schedule was denied a discharge, but allowed to amend and renew his application. In re Connell, 3 N. B. R. 443; 6 Fed. Cas. 304.

Errors in the making of schedules may be cured by amendments on the payment of costs, when they are due to inadvertence only. In re Frisbee, 4 Law Rep. 483; 9 Fed. Cas. 959.

The court said that it would be a very dangerous practice to permit a voluntary bankrupt to make material changes in his schedules after the close of business at the first meeting of creditors. In re Morganthal, 1 N. B. R. 402; 17 Fed. Cas. 769.

Judge Blatchford held that under the Act of 1867, and the rules of the supreme court, the register and the district court had co-ordinate power to allow a petitioner in bankruptcy to amend his schedules, and that the amendment should be filed with the clerk. In re Morford, Ben. 264; 17 Fed. Cas. 745.

A bankrupt was allowed to make additions to his schedules after the first meeting of creditors, but upon condition that there should be a new warrant issued, embracing as well the names of creditors already notified as of those named in the amendment, notifying them to meet before the register on a day to be named therein and prove their debts. In re Radcliffe, 1 N. B. R. 400; 20 Fed. Cas. 300.

Shields, a debtor, to avoid forced sales, under execution, conveyed to his son-in-law, a bankrupt, certain lands. The bankrupt received no deed, but himself made conveyance of the land which had been deeded to himself, the consideration for the land being paid to Shields, the original grantor. It was held by the bankrupt court that, although the creditors of Shields might have attacked the deed as fraudulent, yet as between Shields and the bankrupt the deed was valid to vest the title in the bankrupt, which passed to his assignee, and not having been included in his schedules, the bankrupt had, therefore, concealed his property. In re O'Bannon, 18 Fed. Cas. 516; 2 N. B. R. 15 (1868).

Rights and Duties.

A solvent debtor has the right to pay any or all his debts, notwithstanding the pendency of bankruptcy proceedings against him. In re Oregon Bulletin Printing Pub. Co., 13 N. B. R. 506; 18 Fed. Cas. 773 (1876).

After trustees for creditors have settled their trust and been discharged, and the bankrupt has been discharged, a surplus of assets appearing, the bankrupt is entitled to it. Mayer v. Gourden, 26 Fed. Rep. 742.

The right of a bankrupt to redeem land from a sale for taxes is not terminated until the appointment of an assignee. Hampton v. Rouse, 22 Wall. 263.

Before the appointment of an assignee, the bankrupt is trustee of his estate, and as such can waive demand and notice upon a note of which he was an indorser. Ex parte Tremont National Bank, 2 Low. 409; 24 Fed. Cas. 184.

Creditors may forfeit their rights against each other by neglect to prove their claims; but as long as there are creditors unpaid, the bankrupt has no right to demand any part of the property. In re Wright, 6 Bis. 317; 30 Fed. Cas. 661 (1875); In re Wright, 2 N. B. R. 41; 30 Fed. Cas. 663 (1868).