2. Appeals under the act to the Supreme Court of the United States from a circuit court of appeals, or from the supreme court of a Territory, or from the Supreme Court of the District of Columbia, or from any court of bankruptcy whatever, shall be taken within thirty days after the judgment or decree, and shall be allowed by a judge of the court appealed from, or by a justice of the Supreme Court of the United States.

3. In every case in which either party is entitled by the act to take an appeal to the Supreme Court of the United States, the court from which the appeal lies shall, at or before the time of entering its judgment or decree, make and file a finding of the facts, and its conclusions of law thereon, stated separately; and the record transmitted to the Supreme Court of the United States on such an appeal shall consist only of the pleadings, the judgment or decree, the finding of facts, and the conclusions of law.

[Practically New. Compare, however, Rule XXVI, 1867.]

Appeals.

Bankruptcy Act, section 24 a.—Jurisdiction of appellate courts.

Bankruptcy Act, section 24 b.-Revisory powers of circuit courts of appeal. Compare, pages 244-246, titles, Revisory Powers of the Circuit Court, etc. Bankruptcy Act, section 25 a.—Appeals from courts of bankruptcy to circuit courts of appeal.

Bankruptcy Act, section 25 b.-Appeals from circuit courts of appeal to the Supreme Court of the United States. Compare, pages 247-253.

XXXVII. GENERAL PROVISIONS.

In proceedings in equity, instituted for the purpose of carrying into effect the provisions of the act, or for enforcing the rights and remedies given by it, the rules of equity practice established by the Supreme Court of the United States shall be followed as nearly as may be. In proceedings at law, instituted for the same purpose, the practice and procedure in cases at law shall be followed as nearly as may be. But the judge may, by special order in any case, vary the time allowed for return of process, for appearance and pleading, and for taking testimony and publication, and may otherwise modify the rules for the preparation of any particular case so as to facilitate a speedy hearing.

[Last half of Rule XXXII, 1867, without material change.]

Equity Rules.

See rules and index to the same, post.

Compare notes to Preamble to General Orders.

XXXVIII. FORMS.

The several forms annexed to these general orders shall be observed and used, with such alterations as may be necessary to suit the circumstances of any particular case.

(65)

inserting allegations of earlier acts, in petition, by amendment, 6.

Agent.

proof of debt by, what to contain, 21 (1).

Amendments.

by inserting allegation of earlier act of bankruptcy, in case of two petitions, 6.

when allowed in petition and schedule, II.

how made, signed and verified, II.

application for, to state the cause of error, II.

Appeals.

to Circuit Court of Appeals, how allowed and regulated, 36 (1).

to Supreme Court, when to be taken, how allowed, 36 (2).

findings of fact and law to be filed by court from which appeal is taken to
Supreme Court, 36 (3).

record on appeal to Supreme Court, what to consist of, 36 (3).

Arbitration.

petition for leave for, 33.

Arrest.

Referee to give bankrupt protection from, 12 (1).

bankrupt under, to be produced on habeas corpus, to testify, 30.
release of debtor from, when, 30.

Assets.

[The figures refer to the number of the rules.]

no trustee, if no assets, 15.

Assignment.

of claims after allowance, notice to original claimant, 21 (3).

order of subrogation, when made, 21 (2)

of claims before proof, 21 (3).

of claims, before whom proved, 21 (5).

how executed by partnerships or corporations, 21 5).

Attachments.

to enforce bankrupt to file schedule, 9.

Attorneys.

in bankruptcy must be admitted to District or Circuit Court, 4.

name and place of business to be entered on docket, 4.

to indorse papers, 4.

name of, when to appear in order, 4.

notice upon, is sufficient when, 4.

Bankrupt.

may conduct proceedings in person, or by attorney, 4.

when to attend before referee, 12 (1).

when subject to orders of court, 12 (1).

entitled to protection from arrest, 12 (1).

may petition for sale of perishable property, 18 (3).

petition by, for review, 27.

petition by, for compounding debts or redeeming property, 28.
production of, on habeas corpus, if imprisoned, 30.

release of imprisoned, 30.

petition of, for a discharge, 31.

when allowed costs, 34.

may be required subsequently to pay fees of officials, 35 (4)

Circuit Court of Appeals.

appeals to. (See APPEALS.)

Claims. (See CREDITORS, PRoof of Claims.)

Clerk.

of referee, expense of, 26.

Clerk (of Court).

to keep docket, 1.

to endorse on papers time of filing, and statement of character, 2.
process to be tested by, 3.