discharge, notice shall also be served upon the bankrupt. Certified copies of proceedings before a referee, or of papers, when issued by the clerk or referee, shall be admitted as evidence with like force and effect as certified copies of the records of District Courts of the United States are now or may hereafter be admitted as evidence. A certified copy of the order approving the bond of a trustee shall constitute conclusive evidence of the vesting in him of the title to the property of the bankrupt, and if recorded shall impart the same notice that a deed from the bankrupt to the trustee if recorded would have imparted had not bankruptcy proceedings intervened. A certified copy of an order confirming or setting aside a composition, or granting or setting aside a discharge, not revoked, shall be evidence of the jurisdiction of the court, the regularity of the proceedings, and of the fact that the order was made. A certified copy of an order confirming a composition shall constitute evidence of the revesting of the title of his property in the bankrupt, and if recorded shall impart the same notice that a deed from the trustee to the bankrupt if recorded would impart." "The examination of witnesses before the referee may be conducted by the party in person or by his counsel or attorney, and the witnesses shall be subject to examination and crossexamination, which shall be had in conformity with the mode now adopted in courts of law. A deposition taken upon an examination before a referee shall be taken down in writing by him, or under his direction, in the form of narrative, unless he determines that the examination shall be by question and answer. When completed it shall be read over to the witness and signed by him in the presence of the referee. The referee shall note upon the deposition any question objected to with his decision thereon; and the court shall have power to deal with the costs of incompetent, immaterial, or irrelevant depositions, or parts of them, as may be just."3 Creditors must have at least ten days' notice by mail of all examinations of the bankrupt unless they waive the same in writing. It was held that a person adjudged a bankrupt 2 30 St. at L. 544, 552, § 21. 3 G. O. xxii. 430 St. at L. 544, 561, § 58; supra, § 478. upon an involuntary petition may be ordered to attend before the referee for examination, before the first meeting of his creditors and the appointment of a trustee; and, if the examination is limited to obtaining information on which to prepare the schedules, that it is not essential to the validity of the proceeding that ten days' notice thereof by mail should have been given to creditors." 6 At the first meeting of the creditors, any one whose name. appears in the schedule of creditors, and it seems that, at any time, any person who gives to the referee prima facie evidence of his claim, may obtain an order for the examination of the bankrupt, even if the debt has not been regularly proved.' It seems that under ordinary circumstances such an examination should be had once for all the creditors; that if no examination has previously been had, the notice to creditors to attend in opposition to the discharge should embrace also a notice of the examination of the bankrupt; and that the testimony thereupon should be taken at the expense of the creditors.8 9 It has been held that the examination of a third person at the request of a receiver or trustee in bankruptcy may be granted without any showing of the questions to be asked or the facts into which inquiry is to be made; that the pendency of a suit by or against the bankrupt or his representative is not a prerequisite; 10 that the examination may be made concerning facts which could not be the subject of a suit in a court of the United States; " that a witness cannot refuse to attend or be examined by a receiver in bankruptcy on the ground that the order appointing a receiver was erroneously or improvidently made; " that he cannot refuse to produce books because he claims that they contain nothing relating to the bankrupt's property; but must leave the determination of that question to the court; 13 that an examination may be had "In re Franklin Syndicate, 101 Fed. R. 402. 6 In re Walker, 96 Fed. R. 550. 7 In re Jehu, 94 Fed. R. 638. In re Price, 91 Fed. R. 635. 10 In re Fixen & Co. 96 Fed. R. 748. 11 In re Cliffe, 94 Fed. R. 354. 12 In re Fixen & Co., 96 Fed. R. 748. 13 In re Fixen & Co., 96 Fed. R. 748. But see In re Carley, 106 Fed. R. In re Howard, 95 Fed. R. 415; In 862. re Fixen & Co., 96 Fed. R. 748. of books of a corporation managed by two bankrupts, in which their wives own substantially all the stock, and it is claimed that the corporate property is assets of the bankrupts; " that by filing the petition in bankruptcy the petitioner waives his privilege to object to the examination of his books upon the ground that this might tend to criminate him; 15 but that an involuntary bankrupt cannot be compelled to answer questions which might tend to criminate himself; 16 that the examination need not be limited to matters that occur within four months before the bankruptcy proceedings, but that inquiry may be made into previous transactions which tend to throw any light upon the facts or issues pertinent to the proceedings; that the wife of the bankrupt is a competent witness and may be examined on behalf of or against the bankrupt upon a summary examination; 18 unless her testimony upon the subject is forbidden by the laws of the State where the examination is held, when it will be excluded.19 § 483. Meetings of creditors and appointments of trustees."(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 pub 14 In re Horgan (C. C. A.), 98 Fed. R. 414; s. c., 97 Fed. R. 319. Cf. In re Cohn, 98 Fed. R. 75. 15 In re Sapiro, 92 Fed. R. 340. Cf. Mackel v. Rochester (C. C. A.), 102 Fed. R. 314. 16 In re Scott, 95 Fed. R. 815. The objection cannot be taken before he is sworn. Ibid. But see Mackel v. Rochester (C. C. A.), 102 Fed. R. 314. See supra, § 272. 17 In re Brundage, 100 Fed. R. 613. 18 In re Foerst, 93 Fed. R. 190; In re Anderson, 23 Fed. R. 482. 19 In re Mayer, 97 Fed. R. 328. licly 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 of 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 one-fourth 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."1 "(a) Creditors shall pass upon matters submitted to them at their meeting by a majority vote in number and amount of claims of all creditors whose claims have been allowed and are present, except as herein otherwise provided. (b) Creditors holding claims which are secured or have priority shall not, in respect to such claims, be entitled to vote at creditors' meetings, nor shall such claims be counted in computing either the number of creditors or the amount of their claims, unless the amounts of such claims exceed the values of such securities or priorities, and then only for such excess."? The word "creditor," in the act, includes "any one who owns a demand or claim provable in bankruptcy, and may include his duly authorized agent, attorney,or proxy." The words "secured creditor" include "a creditor who has security for his debt upon the property of the bankrupt of a nature to be assignable under this act, or who owns such a debt for which some indorser, surety, or other person secondarily liable for the bankrupt, has such security upon the bankrupt's assets." 4 "The creditors of a bankrupt estate shall, at their first meeting after the adjudication or after a vacancy has occurred § 483. 130 St. at L. 544, 559, 560, § 55. 230 St. at L. 544, 560, § 56. 330 St. at L. 544, § 1. in the office of trustee, or after an estate has been reopened, or after a composition has been set aside or a discharge revoked, or if there is a vacancy in the office of trustee, appoint one trustee or three trustees of such estate. If the creditors do not appoint a trustee or trustees as herein provided, the court shall do so." "If the schedule of a voluntary bankrupt discloses no assets, and if no creditor appears at the first meeting, the court may, by order setting out the facts, direct that no trustee be appointed; but at any time thereafter a trustee may be appointed, if the court shall deem it desirable. If no trustee is appointed as aforesaid, the court may order that no meeting of the creditors other than the first meeting shall be called." 6 "No official trustee shall be appointed by the court, nor any general trustee to act in classes of cases." "It shall be the duty of the referee, immediately upon the appointment and approval of the trustee, to notify him in person or by mail of his appointment; and the notice shall require the trustee forthwith to notify the referee of his acceptance or rejection of the trust, and shall contain a statement of the penal sum of the trustee's bond." "The appointment of a trustee by the creditors shall be subject to be approved or disapproved by the referee or by the judge; and he shall be removable by the judge only." 10 No one can cast a vote of a creditor without a written proxy, even if he be an attorney at law who has appeared generally for him in the proceedings." Upon the election of a trustee, a secured creditor may surrender his security and vote as if his claim was unsecured; but otherwise his vote is only good for the amount of the excess of his claim over the value of his security as found by the court, or perhaps as found by the referee.12 Where claims offered for proof and allow 530 St. at L. 544, 557, § 44. sul; that it may contain a power of ❝ G. O. xv; In re Smith, 93 Fed. R. substitution; and that when given to 791. 7 G. O. xiv. 8 G. O. xvi. 9 G. O. xiii. 10 In re Blankfein, 97 Fed. R. 191; In re Eagles, 99 Fed. R. 695; In re Richards, 103 Fed. R. 849. It has been held that such a proxy may be acknowledged before a foreign con three or to any one or more of them, its acknowledgment before one of the three does not invalidate its appointment of the other two. In re Sugenheimer, 91 Fed. R. 744. 11 In re Blankfein, 97 Fed. R. 191; In re Scully, 108 Fed. R. 372. 12 In re Eagles, 99 Fed. R. 695. |