Gambar halaman
PDF
ePub

conveyances of any right or interest in such grant evidencing the right so claimed by the petitioner.

If, however, any such original document cannot, for any reason, be delivered as herein required, the reason thereof shall be stated, and if such document be in existence but not under the control of petitioner, the name and place of the holder shall be stated, and if it be claimed that any such document be lost or destroyed, the facts and circumstances of such loss or destruction shall be stated. The clerk or deputy so receiving such documents, shall receipt for same, and such document shall not be removed from the custody of this court until the final determination of the confirmation or rejection of such claim. Whenever any original document in any other than the English language shall be delivered to the custody of the court, as herein required, it shall be the duty of the official interpreter to at once translate the same into English in duplicate, one of which shall be filed with the clerk and the other delivered to the United States attorney for this court. Whenever any petitioner shall claim any rights by reason of an inheritance by descent, or by testamentary disposition, he shall set forth in his petition the names and citizenship of all deceased persons through whom it is claimed such right is derived, and the names of the heirs of such deceased persons, and shall set forth the law of the place affecting such right of inheritance. And in case any such right depends upon the last will of any deceased person, the petitioner shall, at the time of filing his petition, deliver to the clerk or deputy a copy of such will, together with a copy of the records of the probate thereof, if any such had been had. Upon filing any petition, the petitioner shall, at the time of filing the same, deliver to the clerk or deputy a true copy thereof for each person to be served with such petition.

III. Rules as to Pleadings.- Until the further order of this court, the time for pleadings in all cases shall be extended to the third day of the term at which the cause is returnable.

IV. Witnesses and their Testimony.- In all cases witnesses for either party shall be examined in open court upon the trial of the cause, unless they are sick, infirm, or otherwise unable to attend, and in that event either party desiring the testimony of such witness or witnesses shall make application to the court, or any judge thereof, to take the deposition of such witness or witnesses, and if it appears to the satisfaction of the court or judge that such witness or witnesses ought not to be compelled to appear in court and testify, the court or judge shall make an order allowing the deposition of said witness or witnesses to be taken. Either party applying for an order to take the deposition as herein provided, shall give notice to the adverse attorney of record of the time and place of making such application, at least five days before the day upon which the same is to be made, and shall state the name and residence of each witness whose deposition is desired. The application shall state the name and residence of each witness whose deposition is desired, and what is expected to be proven by each, together with the reasons why such witness should not be required to attend and testify, and the same shall be verified by the oath of some party in interest, or an attorney of record in the cause, and in all cases where an order is made by the court or judge to take the depo sition of any witness or witnesses, the time and places of taking such depositions shall be stated in said order.

V. Commission, and to whom directed. — The commission to take deposi. tions of any witness or witnesses may be directed to a commissioner of any Circuit Court of the United States, or to any person qualified to take testimony by the laws of the State or Territory in which the same is to be executed. The person to whom the same shall be directed shall be pamed therein, and the place of his residence shall be given in a manner that he may be easily found. When the commission shall be directed to an officer of the State or Territory in which it may be executed, a certificate of the official character and authority of such officer from some court or other proper source, shall be returned with it. The manner of certifying and returning depositions shall be as provided in the laws of the State or Territory where taken.

VI. Depositions, how opened and filed. — Either party may give five days' notice to the opposite party of his intention to apply to the clerk to open and file depositions which have been returned in the court, and if no objections shall be made in writing within the time specified, such depositions may be published as of course. Objections which may be made as aforesaid shall be set down for hearing before a judge of the court on like notice.

VII. Attorney for the United States.— The attorney for the United States for this court shall not be required to verify by oath any application or motion made to the court or any judge thereof.

VIII. Rule as to Costs.- At the time of filing a petition, all parties other than the United States are required to make a deposit with the clerk, of such sum as he may determine to be necessary to pay the fees of the marshal for serving a copy of the petition and citations.

IX.

GENERAL ORDERS IN BANKRUPTCY.

In pursuance of the powurs conferred by the Constitution and laws upon the Supreme Court of the United States, and particularly by the act of Congress approved July 1, 1898, entitled “An act to establish uniform system of bankruptcy throughout the United States," it is ordered, on this 28th day of November, 1898, that the following rules be adopted and established as general orders in bankruptcy, to take effect on the first Monday, being the second day, of January, 1899. And it is further ordered that all proceedings in bankruptcy had before that day, in accordance with the act last aforesaid, and being in substantial conformity either with the provisions of these general orders, or else with the general orders established by this court under the bankrupt act of 1867 and with any general rules or special orders of the courts in bankruptcy, stand good, subject, however, to such further regulation by rule or order of those courts as may be necessary or proper to carry into force and effect the bankrupt act of 1893 and the general orders of this court.

Docket.

I 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.

Filing of Papers.

II. 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.

Process.

III. 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, u pon application, be furnished to the referees.

Conduct of Proceedings. IV. Proceedings in bankruptcy may be conducted by the bankrupt in person in his own behalf, or by a petitioning or opposing creditor; but a creditor will only be allowed to manage before the court his individual interest. Every party may appear and conduct the proceedings by attorney, who shall be an attorney or counsellor authorized to practice in the Cir. cuit or District Court. The name of the attorney or counsellor, with his place of business, shall be entered upon the docket, with the date of the entry. All papers or proceedings offered by an attorney to be filed shall be indorsed as above required, and orders granted on motion shall contain the name of the party or attorney making the motion. Notices and orders which are not, by the act or by these general orders, required to be served on the party personally may be served upon his attorney.

Frame of Petitions. V. All petitions and the schedules filed therewith shall be printed or written out plainly, without abbreviation or interlineation, except where such abbreviation and interlineation may be for the purpose of reference.

Petitions in Different Districts. VL In case two or more petitions shall be filed against the same individual in different districts, the first hearing shall be had in the district in which the debtor has his domicile, and the petition may be amended by inserting an allegation of an act of bankruptcy committed at an earlier date than that first alleged, if such earlier act is charged in either of the other petitions; and in case of two or more petitions against the same partnership in different courts, each having jurisdiction over the case, the petition first filed shall be first heard, and may be amended by the insertion of an allegation of an earlier act of bankruptcy than that first alleged, if such earlier act is charged in either of the other petitions; and, in either case, the proceedings upon the other petitions may be stayed until an adjudication is made upon the petition first heard; and the court which makes the first adjudication of bankruptcy shall retain jurisdiction over all proceedings therein until the same shall be closed. In case two or more petitions shall be filed in different districts by different members of the same partnership for an adjudication of the bankruptcy of said partnership, the court in which the petition is first filed, having jurisdiction, shall take and retain jurisdiction over all proceedings in such bankruptcy until the same shall be closed; and if such petitions shall be filed in the same district, action shall be first had upon the one first filed. But the court so retaining jurisdiction shall, if satisfied that it is for the greatest convenienco of parties in interest that another of said courts should proceed with the cases, order them to be transferred to that court.

Priority of Petitions. VIL. Whenever two or more petitions shall be filed by creditors against a common debtor, alleging separate acts of bankruptcy committed by said debtor on different days within four months prior to the filing of said peti

[ocr errors]

tions, and the debtor shall appear and show cause against an adjudication of bankruptcy against him on the petitions, that petition shall be first heard and tried which alleges the commission of the earliest act of bank. ruptcy; and in case the several acts of bankruptcy are alleged in the dif. ferent petitions to have been committed on the same day, the court before which the same are pending may order them to be consolidated, and proceed to a hearing as upon one petition; and if an adjudication of bank. ruptcy be made upon either petition, or for the commission of a single act of bankruptcy, it shall not be necessary to proceed to a hearing upon the remaining petitions, unless proceedings be taken by the debtor for the purpose of causing such adjudication to be annulled or vacated.

Proceedings in Partnership Cases.

VIII. Any member of a partnership, who refuses to join in a petition to have the partnership de clared bankrupt, shall be entitled to resist the prayer of the petition in the same manner as if the petition had been filed by a creditor of the partnership, and notice of the filing of the petition shall be given to him in the same manner as provided by law and by these rules in the case of a debtor petitioned against; and he shall have the right to appear at the time fixed by the court for the hearing of the peti. tion, and to make proof, if he can, that the partnership is not insolvent or has not committed an act of bankruptcy, and to make all defenses which any debtor proceeded against is entitled to take by the provisions of the act; and in case an adjudication of bankruptcy is made upon the petition, such partner shall be required to file a schedule of his debts and an inventory of his property in the same manner as is required by the act in cases of debtors against whom adjudication of bankruptcy shall be made.

Schedule in Involuntary Bankruptcy.

IX. In all cases of involuntary bankruptoy in which the bankrupt is absent or cannot be found, it shall be the duty of the petitioning creditor to file, within five days after the date of the adjudication, a schedule giving the names and places of residence of all the creditors of the bankrupt, according to the best information of the petitioning creditor. If the debtor is found, and is served with notice to furnish a schedule of his creditors and fails to do so, the petitioning creditor may apply for an attachment against the debtor, or may himself furnish such schedule as aforesaid.

Indemnity for Expenses.

X. Before incurring any expense in publishing or mailing notices, or in traveling, or in procuring the attendance of witnesses, or in perpetuating testimony, the clerk, marshal or referee may require from the bankrupt or other person in whose behalf the duty is to be performed, indemnity for such expense. Money advanced for this purpose by the bankrupt or other person shall be repaid him out of the estate as part of the cost of admin. istering the same.

« SebelumnyaLanjutkan »