for services in bankruptcy. The fifth sheet is a list of the debtor's exemptions, and the sixth a list of all the books, deeds, and papers relating to his estates. All the sheets of each schedule must be signed by the bankrupt, and each schedule must be sworn to. The form of the oath is prescribed.2 A summary of the schedules is also to be filed, but need not be signed nor sworn to by the bankrupt. The summary is new under the present act, and will be found of great assistance. The form of the schedules is the same for all debtors, whether voluntary or involuntary. Amendments may be made to the schedules on application to the court. Separate amendments must be made to each sheet of the schedule amended. They are to be verified under oath and be in the same form as the original schedules.3 In an involuntary case, if the debtor is absent or can not be found, the petitioning creditors must file a list of the bankrupt's creditors.1 There was a case under the last act of Congress where the bankrupt was examined before the adjudication. By the terms of § 21 of the present act this could not be done, because the examination is to be concerning an estate which is being administered under the act, which will only be the case after the person is adjudged bankrupt. After his discharge it was the law that the bankrupt was not obliged to be in readiness to attend the court and submit to an examination but could be summoned in like any other witness. This was important because the act of 1867 was construed to deny to a bankrupt witness fees and expenses. Now he is to be paid his expenses when the examination takes place away from his residence. (Proviso to § 7.) The definition of bankrupt in the present act includes a discharged bankrupt when a petition is filed to revoke his discharge or set aside a composition. It would seem therefore that in these cases the bankrupt might be examined.7 1 Form 1. 2 Ib. 8 Rule XI. 4 Rule IX. Supra, § 144. 7 See Re Peters, 1 N. B. N. 165. At the first meeting of creditors the referee may examine the bankrupt of his own motion, or cause him to be examined if a creditor asks it (§ 55 b). An examination of a debtor may be ordered at any time.1 The examination of the bankrupt is not governed by rules so strict as those of ordinary trials and he may be asked as to matters of hearsay.2 In England a bankrupt was bound to answer criminating questions.3 An examination of the debtor will be ordered for the purpose of ascertaining whether he has committed any act which will prevent his discharge. The order should be asked for on the return day of the notice of his application for a discharge.1 The general rule in this country has been that a bankrupt was not subject to examination after his discharge. It has been said that the rule at present is different. It will be noticed, however, that the duty of submitting to examination is imposed on a debtor as a bankrupt. A bankrupt is defined to be a "person against whom an involuntary petition or an application to set a composition aside or to revoke a discharge has been filed, or who has filed a voluntary petition, or who has been adjudged a bankrupt." It would seem therefore that after his discharge a bankrupt can not be examined unless an application to revoke the discharge has been filed. It has been held that the provision of clause 9 that no testimony given by a bankrupt shall be used against him is not sufficiently broad to meet the constitutional requirements. A bankrupt may therefore refuse to answer a criminating question. But a voluntary bankrupt must allow his books to be examined, though they contain incriminating evidence.9 1 Re Price, 91 Fed. Rep. 635, 1 N. 17,920; Wagner v. Superior Court, 100 B. N. 131. 2 Supra, § 157. 3 Supra, § 158. + Re Dole, 9 N. B. R. 193, Fed. Cas. No. 3964; Re Dean, 7 N. B. R. 768, Fed. Cas. No. 3701; Re Jones, 6 N. B. R. 386, Fed. Cas. No. 7449; Re Witkowski, 10 N. B. R. 209, Fed. Cas. No. Cal. 359; Pub. Stats. Mass. c. 157, § 70. 5 Re Peters, 1 N. B. N. 165. 6 Act of 1898, § 7. 7 Act of 1898, § 1 (4). 8 Re Scott, 1 N. B. N. 161. 9 Re Sapiro, 92 Fed. Rep. 340. Besides the duties mentioned in this section it is provided in § 3 d that the bankrupt shall appear at the hearing on the question of his bankruptcy if he denies it, and submit to examination. In default of which the burden of proving solvency rests on him. If the bankrupt is in prison at the time he files his petition he may be produced on habeas corpus to testify relative to the bankruptcy proceedings.1 He is to be paid his actual The bankrupt is not to be examined at a place more than one hundred and fifty miles from his home or place of business unless the court for cause orders it. expenses from the estate when required to attend at any place away from his residence. Residence is used here in contradistinction to place of business. The bankrupt would then be entitled to be repaid his expenses if he were examined at his place of business when that was in a different "city, town or village" than his residence. The provision for paying the bankrupt's expenses corrects an injustice arising out of the decisions under the act of 1867.2 It is to be noted in considering § 7 that there is no duty imposed on the bankrupt of taking care of his estate after he has filed a petition or after a petition has been filed against him. For the reasons stated in considering § 3 e it is probable that the estate of a bankrupt will not often be given in charge of the marshal, and the bankrupt will have every opportunity to waste his property or convey it away. Under the last act safeguard was provided against the bankrupt's doing this before the marshal was put into possession after the adjudication, by enacting that a discharge should be refused a bankrupt who had been negligent in the care of his property or had wasted or destroyed it.3 Under the present act a discharge is to be refused if the bankrupt has committed an offence under the act (§ 14 b). One of the offences is that of concealment of property from the trustee (§ 29 b (1)). This is the only offence relating to the care of property. There is nothing in the act 1 Rule XXX. See supra, § 146. 2 Supra, § 145. 8 § 29, 14 Stats. 531, R. S. 5110. which will enable the court to punish a bankrupt who has wasted or destroyed his property. This is a serious defect which can be easily taken advantage of by a debtor. The method of enforcing obedience to the obligations laid on a bankrupt by section 7 will be by punishing him for contempt when any of the duties have been imposed by an order of the judge or referee [§ 2 (13), (16)]. § 471. Act of 1898.-SEC. 8. DEATH OR INSANITY of Bankrupts. -a. The death or insanity of a bankrupt shall not abate the proceedings, but the same shall be conducted and concluded in the same manner, so far as possible, as though he had not died or become insane: Provided, That in case of death the widow and children shall be entitled to all rights of dower and allowance fixed by the laws of the State of the bankrupt's residence. The Act of 1867 provided that the proceedings should not abate if the debtor died after the issuing of the warrant. It was held that involuntary proceedings would abate if the debtor died before the adjudication,2 and that no discharge could be granted if the bankrupt had not before his death applied for his discharge and taken the oath required by § 51133 that he had done nothing which would prevent him from obtaining his discharge. The present section does not contain the limitation as to the issuing of the warrant which in involuntary proceedings under the last act was after adjudication.5 Two cases in England are instructive on this difference in phraseology. In Ex parte Obbard, decided before the passage of the Bankruptcy Act of 1883, it was held that the proceedings must be discontinued where the debtor died after the 1 § 12, 14 Stats. 522, R. S. 5090. 2 Frazier v. McDonald, 8 N. B. R. 237; Fed. Cas. No. 5073. 3 Formerly § 29 of the Act of 1867, 14 Stats. 531. 4 Re O'Farrell, 2 N. B. R. 484, Fed. Cas. No. 10,446; Re Gunike, 4 N. B. R. 92, Fed. Cas. No. 5868. 5 Act of 1867, § 42, 14 Stats. 537, R. S. § 5028. 6 24 L. T. N. s. 145. petition was filed but before the adjudication. The court was at that time bound by section 80 of the act of 1869, which was similar to section 5090 of the Revised Statutes. The Bankruptcy Act of 1883 by section 108 changed the rule so that the proceedings should not be dismissed after a petition was filed, and it was held in Re Walker1 that when the debtor died after the petition was filed but before adjudication the court could keep control of the bankruptcy proceedings. The section of the act of 1883 is similar to the present clause, which should receive a similar construction. There would be no difficulty in the case of a voluntary petition or an uncontested involuntary petition. The court might have trouble in contested cases in determining the fact of insolvency or that an act of bankruptcy had been committed, but this consideration does not show that the court ought not to proceed in such cases, but merely that it should dismiss the petition if the facts alleged are not made out. As the bankrupt under the present act is not obliged to file an oath when he applies for a discharge there would seem no difficulty in granting a discharge after the death of the bankrupt. Under the old English practice of granting a certificate of conformity, a debtor was required to make oath that he had got the creditor's consent to the certificate honestly. In several cases it was held that the death or absence of the debtor did not prevent the allowance of the certificate.2 § 472. Act of 1898. SEC. 9. PROTECTION AND DETENTION OF BANKRUPTS. a. A bankrupt shall be exempt from arrest upon civil process except in the following cases: (1) When issued from a court of bankruptcy for contempt or disobedience of its lawful orders; (2) when issued from a State court having jurisdiction, and served within such State, upon a debt or claim from which his discharge in bankruptcy would 1 54 L. T. N. s. 682. 2 Ex parte May, 2 M. D. & De G. 381; Ex parte Waterhouse, ib. 760; Ex parte Currie, 10 Ves. 51. See Re |