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d A person shall not be prosecuted for any offense arising under this act unless the indictment is found or the information is filed in court within one year after the commission of the offense.

SEC. 30. Rules, Forms, and Orders.-a All necessary rules, forms, and orders as to procedure and for carrying this act into force and effect shall be prescribed, and may be amended from time to time, by the Supreme Court of the United States.'

SEC. 31. Computation of Time.-a Whenever time is enumerated by days in this act, or in any proceeding in bankruptcy, the number of days shall be computed by excluding the first and including the last, unless the last fall on a Sunday or holiday, in which event the day last included shall be the next thereafter which is not a Sunday or a legal holiday."

SEC. 32.

Transfer of Cases.-a In the event petitions are filed against the same person, or against different members of a partnership, in different courts of bankruptcy each of which has jurisdiction, the cases shall be transferred, by order of the courts relinquishing jurisdiction to

There is a tendency on the part of District Judges to promulgate rules for their particular districts. There is no direct or positive authority authorizing such practice, though_838(4) inferentially would seem to warrant it. The general rules adopted by the Supreme court must govern in all districts. If special rules are adopted, it is safe to say they can only relate to matters which will not affect the rights of parties, though by special order in a particular case the rules may be modified so as to facilitate a speedy hearing (See Rule XXXVII). The tendency springs from the general practice and inherent power of courts of record to make their own rules. This inherent power, it would seem, cannot extend to courts of bankruptcy, since the tendency of such district rules is to detract from that uniformity of operation which must characterize bankruptcy laws and which is not essential to other laws. See Rule XXXVII as to general provisions, and Rule XXXVIII as to forms.

"In computing the four months between the commission of an act of bankruptcy and the filing of the petition, the day of the commission of the act is excluded and that of the filing of the petition included (In re Stevenson [D. C.], 1 N. B. News, 313; S. c. 94 Fed. Rep. 110). A petition in involuntary bankruptcy, filed under this Act on Nov. 1, 1898, was not premature (Leidigh Carriage Co. v. Stengel [C. C. A.], 1 N. B. News, 387; s. c. 95 Fed. Rep. 637). See also 606 and notes as to preferences given within four months before the filing of the petition in bankruptcy.

and be consolidated by the one of such courts which can proceed with the same for the greatest convenience of parties in interest.1

1See Rule VI as to petitions filed in different districts. When they are so filed, if a question of jurisdiction arises because of the uncertainty of the bankrupt's residence or domicile, proceedings under the second petition will be stayed that the court having consideration of the first petition may determine the question (In re Waxelbaum [D. C.], 98 Fed. Rep. 589).

CHAPTER V.

OFFICERS, THEIR DUTIES AND COMPENSATION.

SEC. 33.

Creation of Two Offices.-a The offices of referee and trustee are hereby created.'

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SEC. 34. Appointment, Removal, and Districts of Referees.—a Courts of bankruptcy shall, within the territorial limits of which they respectively have jurisdiction, (1) appoint referees, each for a term of two years, and may, in their discretion, remove them3 because their services are not needed or for other cause; and (2) designate, and from time to time change, the limits of the districts of referees, so that each county, where the services of a referee are needed, may constitute at least one district.

SEC. 35. Qualifications of Referees.-a Individuals shall not be eligible to appointment as referees unless they are respectively (1) competent to perform the duties of that office; (2) not holding any office of profit or emolument under the laws of the United States or of any State other than commissioners of deeds, justices of the peace, masters in chancery, or notaries public; (3) not related by consanguinity or affinity, within the third degree as determined by the common law, to any of the judges of the courts of bankruptcy or circuit courts of the United States,

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'The referee and trustee were designated as the register and assignee respectively under the former act.

For analogous provisions under former acts, see Act of 1800, $2; 1841, 85; 1867, 3; R. S. 84993. See also §18 as to courts and procedure therein.

*For analogous provisions, see Act of 1867, 85; R. S. 4997.

*For analogous provisions, see Act of 1867, 83; R. S. 884994, 4995.

"Under the common law, the degree of consanguinity is determined by counting up from either of the persons related to the common ancestor and then down to the other person related, reckoning a degree to each person ascending and descending, counting the common ancestor but once, including one of the persons related and excluding the other (Redfield's Surrogate's Practice, 5th Ed., p. 669; 3 Am. & Eng. Ency. of Law, 661). It has been held that the degree of affinity is reckoned in the same manner (Kelly v. Neely, 12 Ark. 667).

or of the justices or judges of the appellate courts of the districts wherein they may be appointed; and (4) residents of, or have their offices in the territorial districts for which they are to be appointed.

SEC. 36. Oaths of Office of Referees.—a Referees shall take the same oath of office as that prescribed for judges of United States courts.'

SEC. 37. Number of Referees.-a Such number of referees shall be appointed as may be necessary to assist in expeditiously transacting the bankruptcy business pending in the various courts of bankruptcy.

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SEC. 38. Jurisdiction of Referees.3a Referees respectively are hereby invested, subject always to a review by the judge, within the limits of their districts as established from time to time, with jurisdiction to (1) con

For analogous provisions, see Act of 1867, §3; R. S. $4995. Under $712 of the R. S., the justices of the Supreme court and the circuit and district judges are required to take the following oath: "I, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States: so help me God."

2For analogous provisions, see Act 1867, §3; R. S. §4993.

For analogous provisions, see act 1867, 884, 6; R. S. 884998, 5009, 5010. As to orders of referee, see Rule XXIII; as to transmission of proved claims to clerk, Rule XXIV; as to review "by the judge of orders made by the referee", Rule XXVII; and as to the production of imprisoned debtor on habeas corpus, Rule XXX. See also 18 as to courts and procedure therein.

The jurisdiction of a referee cannot be first questioned on petition to review (In re Emrich [D. C.], 101 Fed. Rep. 231), nor collaterally assailed when the statute does not therewith vest the judge alone (Geisreiter v. Seiver, 33 Ark. 522).

'The referee's orders are reviewable (Rule XXVII; in re Scott et al. [D. C.], 99 Fed. Rep. 404), and when the same is desired, the petition therefor must be filed with the referee (In re Schiller [D. C.], 96 Fed. Rep. 400), though in a contest between the bankrupt and one of his creditors, the decisions of the referee cannot be certified to the judge for review when the referee's finding is not followed by any order made by him and the exceptant does not file a petition setting forth the error alleged to have been committed (In re Smith [D. C.], 93 Fed. Rep. 791). The referee's findings on questions of fact will not be disturbed on review unless manifestly erroneous (In re Rome Planing Mill Co. [D. C.], 99 Fed. Rep. 937; in re Waxelbaum [D. C.], 101 Fed. Rep. 228). The review is not general, but of the special grievance complained of (In re Kelly Dry-Goods Co. [Ď. C.], 102 Fed. Rep. 747).

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sider all petitions referred to them by the clerks and make the adjudications or dismiss the petitions; (2) exercise the powers vested in courts of bankruptcy for the administering of oaths to and the examination of persons as witnesses and for requiring the production of documents in proceedings before them, except the power of commitment; (3) exercise the powers of the judge for the taking possession and releasing of the property of the bankrupt in the event of the issuance by the clerk of a certificate showing the absence of a judge from the judicial district, or the division of the district, or his sickness, or inability to act;3 (4) perform such part of the duties, except as to questions arising out of the applications of bankrupts for compositions or discharges, as are by this act conferred on

1 Only involuntary petitions in which no pleadings have been filed and voluntary ones can be referred to the referee for adjudication, and these only when the judge is absent from the district at the time the reference is made (818 [ƒ and g]), though after adjudication the judge may refer them for such action as he deems proper touching the administration (822). It is the duty of the judge alone to act on all contested petitions (818[d]). When a voluntary petition is filed by less than all the members of a firm and is contested by the members not joining, as to the petitioners, the petition is voluntary and as to the partners not joining, it is involuntary. If such a petition be referred to the referee, he will have no jurisdiction to make the adjudication, and must certify it to the judge for determination (In re Murray [D. C.], 96 Fed. Rep. 600). The fact that the referee is a debtor of a bankrupt will not disqualify him from acting in a case referred to him (Bray v. Cobb [D. C.], 1 N. B. News, 209; s. c. 91 Fed. Rep. 102).

The referee may make an order to examine a witness without a formal application showing the questions to be asked or what particular facts the witness is to be interrogated concerning (In re Howard [D. C.], 95 Fed. Rep. 415). A witness cannot refuse to attend, produce books, or answer questions on technical grounds when summoned for examination under 21 (In re Fixen & Co. [D. C.], 96 Fed. Rep. 748). See also as to examination of bankrupt, 27(9); and as to the taking of testimony and production of witnesses before referee, 21, together with the notes to these sections.

After the case has been referred to the referee, he has authority to order the bankrupt to surrender to the trustee any property which he may have belonging to the estate (In re Tudor [D. C.], 96 Fed. Rep. 942; in re McCormick [D. C.], 97 Fed. Rep. 566; in re Schlesinger [D. C.], 97 Fed. Rep. 930; in re Mayer [D. C.], 98 Fed. Rep. 839). It has also been held that a referee has jurisdiction to cite the bankrupt to appear and show cause why certain property in his possession should not be forthwith delivered to the trustee as assets in the estate, without the clerk's certificate as provided for in this paragraph, and without even a copy of the order of reference in the case as specified in Rule XII, where a special district rule had been adopted to the effect that all cases are referred without special order to the referee (In re Oliver [D. C.], 1 N. B. News, 329; s. c. 96 Fed. Rep. 85).

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