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§ 52.]

Close of the Case-Compensation of Clerks and Marshals.

I. DOCKET.

The clerk shall keep a docket, in which the cases shall be entered and numbered in the order in which they are commenced. It shall contain a memorandum of the filing of the petition and of the action of the court thereon, of the reference of the case to the referee, and of the transmission by him to the clerk of his certified record of the proceedings, with the dates thereof, and a memorandum of all proceedings in the case except those duly entered on the referee's certified record aforesaid. The docket shall be arranged in a manner convenient for reference, and shall at all times be open to public inspection.

II. FILING OF PAPERS.

The clerk or the referee shall indorse on each paper filed with him the day and hour of filing, and a brief statement of its character.

III. PROCESS.

All process, summons and subpoenas shall issue out of the court, under the seal thereof, and be tested by the clerk; and blanks, with the signature of the clerk and seal of the court, may, upon application, be furnished to the referees.

Close of the Case.-It would seem that a case is not closed so as to justify the clerk in paying the referee his fees until the latter has transmitted to the clerk all the records required to be kept by him. (Compare section 39a [7].)

SEC. 52. Compensation of Clerks and Marshals.-a Clerks shall respectively receive as full compensation for their services to each estate, a filing fee of ten dollars, except when a fee is not required from a voluntary bankrupt.

b Marshals shall respectively receive from the estate where an adjudication in bankruptcy is made, except as herein otherwise provided, for the performance of their service in proceedings in bankruptcy, the same fees, and account for them in the same way, as they are entitled to receive for the performance of the same or similar services in other cases in accordance with laws now in force, or such as may be hereafter enacted, fixing the compensation of marshals.

Analogous Provisions of Former Acts.

R. S. sections 5124, 5125. 5127, 5127A, 5127B; act of 1867, sections 5 and 47; act of 1841, section 13; act of 1800, sections 46, 47; act of July 27th, 1868, ch.

Compensation of Clerks and Marshals - Payment in Advance. [Ch. V.

258, section 2. As to deposit of guarantee of amount of fees: R. S. section 5124.

Compare also G. O. 35, partially quoted heretofore, which in full is as follows:

XXXV. COMPENSATION OF CLERKS, REFEREES AND TRUSTEES. 1. The fees allowed by the act to clerks shall be in full compensation for all services performed by them in regard to filing petitions or other papers required by the act to be filed with them, or in certifying or delivering papers or copies of records to referees or other officers, or in receiving or paying out money; but shall not include copies furnished to other persons, or expenses necessarily incurred in publishing or mailing notices or other papers.

2. The compensation of referees, prescribed by the act, shall be in full compensation for all services performed by them under the act, or under these General Orders; but shall not include expenses necessarily incurred by them in publishing or mailing notices, in traveling, or in perpetuating testimony, or other expenses necessarily incurred in the performance of their duties under the act and allowed by special order of the judge.

3. The compensation allowed to trustees by the act shall be in full compensation for the services performed by them; but shall not include expenses necessarily incurred in the performance of their duties and allowed upon the settlement of their accounts.

4. In any case in which the fees of the clerk, referee and trustee are not required by the act to be paid by a debtor before filing his petition to be adjudged a bankrupt, the judge, at any time during the pendency of the proceedings in bankruptcy, may order those fees to be paid out of the estate; or may, after notice to the bankrupt, and satisfactory proof that he then has or can obtain the money with which to pay those fees, order him to pay them within a time specified, and, if he fails to do so, may order his petition to be dismissed.

See as to right to require indemnity G. O. 10. accounts of marshals, see G. O. 19.

And as to

The statutory marshals' fees will be found in U. S. R. S. sec. 829.

But the marshal's compensation in the care of property is, like the receiver's, in the discretion of the court. See under section 2 "POWER TO TAKE CHARGE OF PROPERTY," and cases cited.

Payment in Advance.-The marshal has a right to demand in advance the payment of his fees for the service of process.

(Ray

§§ 53,54-]

Duties of Attorney-General-Statistics.

v. Knowlton, II Biss. C. C. 360; Duy v. Knowlton, 14 Fed. 107.)

SEC. 53. Duties of Attorney-General.-a The attorney-general shall annually lay before Congress statistical tables showing for the whole country, and by States, the number of cases during the year of voluntary and involuntary bankruptcy; the amount of the property of the estates; the dividends paid and the expenses of administering such estates; and such other like information as he may deem important.

No Analogous Provisions in Former Acts.

SEC. 54. Statistics of Bankruptcy Proceedings.—a Officers shall furnish in writing and transmit by mail such information as is within their knowledge, and as may be shown by the records and papers in their possession, to the attorney-general, for statistical purposes, within ten days after being requested by him to do so.

No Analogous Provisions in Former Acts.

CHAPTER VI.

CREDITORS

SEC. 55. Meetings of Creditors.-a The court shall cause the first meeting of the creditors of a bankrupt to be held, not less than ten nor more than thirty days after the adjudication, at the county seat of the county in which the bankrupt has had his principal place of business, resided, or had his domicile; or if that place would be manifestly inconvenient as a place of meeting for the parties in interest, or if the bankrupt is one who does not do business, reside, or have his domicile within the United States, the court shall fix a place for the meeting which is the most convenient for parties in interest. If such meeting should by any mischance not be held within such time, the court shall fix the date, as soon as may be thereafter, when it shall be held.

b At the first meeting of creditors the judge or referee shall preside, and, before proceeding with the other business, may allow or disallow the claims of creditors there presented, and may publicly examine the bankrupt or cause him to be examined at the instance of any creditor.

c The creditors shall at each meeting take such steps as may be pertinent and necessary for the promotion of the best interests of the estate and the enforcement of this act.

d A meeting of creditors, subsequent to the first one, may be held at any time and place when all the creditors who have secured the allowance of their claims sign a written consent to hold a meeting at such time and place.

e The court shall call a meeting of creditors whenever onefourth or more in number of those who have proven their claims. shall file a written request to that effect; if such request is signed by a majority of such creditors, which number represents a majority in amount of such claims, and contains a request for such meeting to be held at a designated place, the court shall call such meeting at such place within thirty days after the date of the filing of the request.

f Whenever the affairs of the estate are ready to be closed a final meeting of creditors shall be ordered.

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As to notice to creditors of the time and place of first meeting: R. S. section 5019; act of 1867, section 11; act of 1841, section 7; also R. S. section 5032; act of 1800, section 6. As to presiding officer: R. S. section 5033; act of 1867, section 12. As to choice of trustee at first meeting: compare Analogous Provisions of Former Acts, given under section 44 of this act. As to the second meeting specially provided for by the act of 1867, and the purpose thereof, and the proceedings thereat: R. S. section 5092; act of 1867, section 26; act of 1800, section 29. As to the third meeting specially provided for by the act of 1867: R. S. section 5093; act of 1867, section 28; act of 1800, section 30. As to the other meetings, and notice thereof: R. S. section 5094; act of 1867, section 17.

Order and Notice.-The usual practice is that after adjudication the matter is generally referred to the referee to take further proceedings therein, which includes everything which is not specifically reserved for the Judge by the provisions of this Act. (See section 38 ante on powers of referee.) The referee then sends a notice of the first meeting to creditors. (See Form No. 18 and sections 58a (3) and 58b and c.) The proceedings at the first meeting will be to prove debts and to elect a trustee. (See section 44.) A recent opinion of District Judge Purnell, in re Eagles and Crisp (3 Am. B. R. 733; 99 Fed. 695), contains a valuable outline of the practice at the first meetings and is quoted as follows:

"It would not be inappropriate for referees to follow the familiar practice of ' explaining the object of the meeting' to creditors and attorneys not familiar with the practice in the courts of bankruptcy. * * * The meeting is for business, and must be held in strict accordance with the notice, at the time and place specified, not at some other time, sooner or later, or another place, though near by. Adjournments may be had if the business requires it, but all adjournments are the same meeting, in contemplation of law. If no creditor appears, the meeting is as effectual as if they were present or represented. The court, judge, or referee is not authorized or required to wait for or count a quorum.' If, in such case, the schedules disclose no assets, the court may order that no trustee be appointed. Rule 15.

The referee should be punctually present at the time and place specified in the notice. He or the judge presides, and his duties are judicial. He does not otherwise participate. The bankrupt is required and should be actually present at the first meeting. It is a creditors' meeting, and they (the referee and the bankrupt) are there to assist the creditors-the first as an officer of the law, and the other to aid him in so doing. Thus aided, the referee should, in most

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