knowledge of the proceedings in bankruptcy; or (4) were created by his fraud, embezzlement, misappropriation, or defalcation while acting as an officer or in any fiduciary capacity."

Act Feb. 5, 1903, c. 487, § 5, 32 Stat. 798.

This section is part of an act to amend the bankruptcy act of 1898, other sections of which are set forth or referred to ante under chapter 2 of this Title. It amends Act July 1, 1898, c. 541, § 17, as set forth in Comp. St. 1901, p. 3428, so as to read as set forth here. The amendment consists in a change in cl. 2 of the section.

CHAPTER FOUR.

Courts and Procedure Therein.

ACT JULY 1, 1898, c. 541, §§ 18, 21, 23.

[Amended. Act Feb. 5, 1903, c. 487, §§ 6-8.]

These sections are amended by Act Feb. 5, 1903, c. 487, §§ 6-8, set forth below.

ACT FEB. 5, 1903, c. 487, §§ 6-8.

Process, pleadings, and adjudications.

Sec. 6. That subdivisions a and b of section eighteen of said Act be, and the same are hereby, amended so as to read as follows:

"a Upon the filing of a petition for involuntary bankruptcy, service thereof, with a writ of subpoena, shall be made upon the person therein named as defendant in the same manner that service of such process is now had upon the commencement of a suit in equity in the courts of the United States, except that it shall be returnable within fifteen days, unless the judge shall for cause fix a longer time; but in case personal service can not be made, then notice shall be given by publication in the same manner and for the same time as provided by law for notice by publication in suits to enforce a legal or equitable lien in courts of the United States, except that, unless the judge shall otherwise direct, the order shall be published not more. than once a week for two consecutive weeks, and the return day shall be ten days after the last publication unless the judge shall for cause fix a longer time."

"b The bankrupt, or any creditor, may appear and plead to the petition within five days after the return day, or within such further time as the court may allow."

Act Feb. 5, 1903, c. 487, § 6, 32 Stat. 798.

This section is part of an act to amend the bankruptcy act of 1898, cited above, other sections of which are set forth or referred to ante under chapter 2 of this Title. It amends subdivisions "a" and "b" of Act July 1, 1898, c. 541, § 18, as set forth in Comp. St. 1901, p. 3429, so as to read as set forth here. The amendment consists in the substitution in subdivision "a" of the original section, for the words, "in equity in courts of the United States," of the words beginning, "to enforce a legal or equitable lien in courts of the United States," etc., to the end of that subdivision, as set forth here, and in changing the time within which the bankrupt

or a creditor may appear and plead to the petition from within ten days from the return day to within five days therefrom.

Evidence.

Sec. 7. That subdivision a of section twenty-one of said Act be, and the same is hereby, amended so as to read as follows:

"a A court of bankruptcy may, upon application of any officer, bankrupt, or creditor, by order require any designated person, including the bankrupt and his wife, to appear in court or before a referee or the judge of any State court, to be examined concerning the acts, conduct, or property of a bankrupt whose estate is in process of administration under this Act: Provided, That the wife may be examined only touching business transacted by her or to which she is a party, and to determine the fact whether she has transacted or been a party to any business of the bankrupt."

Act Feb. 5, 1903, c. 487, § 7, 32 Stat. 798.

This section is part of an act to amend the bankruptcy act of 1898, cited above, other sections of which are set forth or referred to ante under chapter 2 of this Title. It amends subdivision "a" of Act July 1, 1898, c. 541, § 21, as set forth in Comp. St. 1901, p. 3430, so as to read as set forth here. The amendment consists principally in the insertion of the provision relating to the examination of the bankrupt and his wife.

Jurisdiction of United States and State courts.

Sec. 8. That subdivision b of section twenty-three of said Act be, and the same is hereby, amended so as to read as follows:

"b Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant, except suits for the recovery of property under section sixty, subdivision b, and section sixty-seven, subdivision e."

Act Feb. 5, 1903, c. 487, § 8, 32 Stat. 798.

This section is part of an act to amend the bankruptcy act of 1898, cited above, other sections of which are set forth or referred to ante under chapter 2 of this Title. It amends subdivision "b" of Act July 1, 1898, c. 541, § 23, as set forth in Comp. St. 1901, p. 3431, so as to read as set forth here. The amendment consists in the addition of the words, "except suits for the recovery of property under section 60, subdivision b, and section sixty-seven, subdivision e."

Section 60, subd. b, and section 67, subd. e, of the act of 1898, mentioned in this section, are set forth in Comp. St. 1901, pp. 3445, 3449.

CHAPTER FIVE.

Officers, Their Duties and Compensation.

ACT JULY 1, 1898, c. 541, §§ 40, 47, 48.

[Amended. Act Feb. 5, 1903, c. 487, §§ 9-11.]

These sections are amended by Act Feb. 5, 1903, c. 487, §§ 9-11, set forth below.

ACT JULY 1, 1898, c. 541, § 51.

Duties of clerks.

The clerks of the United States district courts are required to keep indexed bankruptcy records, by Act Feb. 5, 1903, c. 487, § 17, set forth post, under chapter 7 of this Title.

ACT FEB. 5, 1903, c. 487, §§ 9-11.

Compensation of referees.

Sec. 9. That subdivision a of section forty of said Act be, and the same is hereby, amended so as to read as follows:

"a Referees shall receive as full compensation for their services, payable after they are rendered, a fee of fifteen dollars deposited with the clerk at the time the petition is filed in each case, except when a fee is not required from a voluntary bankrupt, and twenty-five cents for every proof of claim filed for allowance, to be paid from the estate, if any, as a part of the cost of administration, and from estates which have been administered before them one per centum commissions on all moneys disbursed to creditors by the trustee, or one-half of one per centum on the amount to be paid to creditors upon the confirmation of a composition."

Act Feb. 5, 1903, c. 487, § 9, 32 Stat. 799. This section is part of an act to amend the bankruptcy act of 1898. cited above, other sections of which are set forth or referred to ante, under chapter 2 of this Title. It amends subdivision "a" of Act July 1, 1898, c. 541, § 40, set forth in Comp. St. 1901, p. 3436, so as to read as set forth here. The amendment consists principally in an increase of fees.

Referees are prohibited from receiving any further compensation than that allowed by the act, by section 72, added thereto by section 18 of this act, set forth post, under chapter 7 of this Title.

Duties of trustees.

Sec. 10. That section forty-seven is hereby amended by adding thereto the following subdivision:

"c The trustee shall, within thirty days after the adjudication, file a certified copy of the decree of adjudication in the office where conveyances of real estate are recorded in every county where the bankrupt owns real estate not exempt from execution, and pay the fee for such filing, and he shall receive a compensation of fifty cents for each copy so filed, which, together with the filing fee, shall be paid out of

the estate of the bankrupt as a part of the cost and disbursements of the proceedings."

Act Feb. 5, 1903, c. 487, § 10, 32 Stat. 799.

This section is part of an act to amend the bankruptcy act of 1898, cited above, other sections of which are set forth or referred to ante, under chapter 2 of this Title. It amends Act July 1, 1898, c. 541, § 47, as set forth in Comp. St. 1901, p. 3438, by the addition of the subdivision set forth here.

Compensation of trustees.

Sec. 11. That subdivision a of section forty-eight of said Act be, and the same is hereby, amended so as to read as follows:

"a Trustees shall receive for their services, payable after they are rendered, a fee of five dollars deposited with the clerk at the time the petition is filed in each case, except when a fee is not required from a voluntary bankrupt, and from estates which they have administered such commissions on all moneys disbursed by them as may be allowed by the courts, not to exceed six per centum on the first five hundred dollars or less, four per centum on moneys in excess of five hundred dollars and less than fifteen hundred dollars, two per centum on moneys in excess of fifteen hundred dollars and less than ten thousand dollars, and one per centum on moneys in excess of ten thousand dollars. And in case of the confirmation of a composition after the trustee has qualified the court may allow him, as compensation, not to exceed one-half of one per centum of the amount to be paid the creditors on such composition."

Act Feb. 5, 1903, c. 487, § 11, 32 Stat. 799.

This section is part of an act to amend the bankruptcy act of 1898, cited above, other sections of which are set forth or referred to ante, under chapter 2 of this Title. It amends Act July 1, 1898, c. 541, § 48, as set forth in Comp. St. 1901, p. 3439, so as to read as set forth here. Trustees are prohibited from receiving any compensation other than that allowed by the act, by section 72, added thereto by section 18 of this act, set forth post, under chapter 7 of this Title.

CHAPTER SIX.

Creditors.

ACT JULY 1, 1898, c. 541, §§ 57, 60.

[Amended. Act Feb. 5, 1903, c. 487, §§ 12, 13.]

These sections are amended by Act Feb. 5, 1903, c. 487, §§ 12, 13, set forth below.

ACT FEB. 5, 1903, c. 487, §§ 12, 13.

Proof and allowance of claims.

Sec 12. That subdivision g of section fifty-seven of said Act be, and the same is hereby, amended so as to read as follows:

"g The claims of creditors who have received preferences, voidable under section sixty, subdivision b, or to whom conveyances, trans

fers, assignments, or incumbrances, void or voidable under section. sixty-seven, subdivision e, have been made or given, shall not be allowed unless such creditors shall surrender such preferences, conveyances, transfers, assignments, or incumbrances."

Act Feb. 5, 1903, c. 487, § 12, 32 Stat. 799.

This section is part of an act to amend the bankruptcy act of 1898, cited above, other sections of which are set forth or referred to ante, under chapter 2 of this Title. It amends Act July 1, 1898, c. 541, § 57, subd. "g," as set forth in Comp. St. 1901, p. 3443, so as to read as set forth here.

Preferred creditors.

Sec. 13. That subdivisions a and b of section sixty of said Act be, and the same are hereby, amended so as to read as follows:

"a A person shall be deemed to have given a preference if, being insolvent, he has, within four months before the filing of the petition, or after the filing of the petition and before the adjudication, procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class. Where the preference consists in a transfer, such period of four months shall not expire until four months after the date of the recording or registering of the transfer, if by law such recording or registering is required."

"b If a bankrupt shall have given a preference, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person. And, for the purpose of such recovery, any court of bankruptcy, as hereinbefore defined, and any State court which would have had jurisdiction if bankruptcy had not intervened, shall have concurrent jurisdiction."

Act Feb. 5, 1903, c. 487, § 13, 32 Stat. 799.

This section is part of an act to amend the bankruptcy act of 1898, cited above, other sections of which are set forth or referred to ante, under chapter 2 of this Title. It amends Act July 1, 1898, c. 541, § 60, subd. "a" and "b," as set forth in Comp. St. 1901, p. 3445, so as to read as set forth here.

CHAPTER SEVEN,

Estates.

ACT JULY 1, 1898, c. 541, §§ 64, 65, 67, 70.

[Amended. Act Feb. 5, 1903, c. 487, §§ 14-18.]

These sections are amended by Act Feb. 5, 1903, c. 487, §§ 14-18, set forth below.

ACT FEB. 5, 1903, c 487, §§ 14-18.

Debts which have priority.

Sec. 14. That clause two of subdivision b of section sixty-four of