THE

NATIONAL BANKRUPTCY ACT

OF

1898

WITH

NOTES, PROCEDURE AND FORMS

BY J. ADRIANCE BUSH

OF THE NEW YORK BAR

NOTE TO THE READER
The paper in this volume is brittle or the
inner margins are extremely narrow.
We have bound or rebound the volume
utilizing the best means possible.

PLEASE HANDLE WITH CARE

CO.

GENERAL BOOKBINDING CO., CHESTERLAND, OHIO

Copyright, 1899,

BY

THE BANKS LAW PUBLISHING CO.

JAMES B. LYON,
PRINTER, ELECTROTYPER AND BINDER.
LYON BLOCK, ALBANY, N. Y.

TABLE OF CONTENTS.

INTRODUCTORY.

CHAPTER I.

DEFINITIONS.

Section 1. Meaning of words and phrases.

CHAPTER II.

CREATION Of Courts oF BANKRUPTCY AND THEIR JURISDICTION.

Section 2. Same.

CHAPTER III.

BANKRUPTS.

Section 3. Acts of bankruptcy.

4. Who may become bankrupts.

5. Partners.

6. Exemptions of bankrupts.

7. Duties of bankrupts.

8. Death or insanity of bankrupts.

9. Protection and detention of bankrupts.

10. Extradition of bankrupts.

11. Suits by and against bankrupts.

12. Compositions, when confirmed.

13. Compositions, when set aside.

14. Discharges, when granted.

15. Discharges, when revoked.

16. Codebtors of bankrupts.

17. Debts not affected by a discharge.

CHAPTER IV.

COURTS AND PROCEDURE THEREIN.

Section 18. Process, pleadings, and adjudications.

19. Jury trials.

20. Oaths, affirmations.

Section 21. Evidence.

22. References of cases after adjudication.

23. Jurisdiction of United States and State courts.

24. Jurisdiction of appellate courts.

25. Appeals and writs of error.

26. Arbitration of controversies.

27. Compromises.

28. Designation of newspapers.

29. Offenses.

30. Rules, forms, and orders.

31. Computation of time.

32. Transfer of cases.

CHAPTER V.

OFFICERS, THEIR DUTIES AND COMPENSATION.

Section 33. Creation of two offices.

34. Appointment, removal, and districts of referees.

35. Qualifications of referees.

36. Oaths of office of referees.

37. Number of referees.

38. Jurisdiction of referees.

39. Duties of referees.

40. Compensation of referees.

41. Contempts before referees.

42. Records of referees.

43. Referee's absence or disability.

44. Appointment of trustees.

45. Qualifications of trustees.

46. Death or removal of trustees.

47. Duties of trustees.

48. Compensation of trustees.

49. Accounts and papers of trustees.

50. Bonds of referees and trustees.

51. Duties of clerks.

52. Compensation of clerks and marshals.

53. Duties of attorney-general.

54. Statistics of bankruptcy proceedings.

CHAPTER VI.

CREDITORS.

Section 55. Meetings of creditors.

56. Voters at meetings of creditors.

57. Proof and allowance of claims.

58. Notices to creditors.

59. Who may file and dismiss petitions.

60. Preferred creditors.

CHAPTER VII.

ESTATES.

Section 61. Depositories for money.

62. Expenses of administering estates.

63. Debts which may be proved.

64. Debts which have priority.

65. Declaration and payment of dividends.

66. Unclaimed dividends.

67. Liens.

68. Set-offs and counterclaims.

69. Possession of property.

70. Title to property.

(71). The time when this act shall go into effect.

GENERAL ORDERS OF THE SUPREME COURT.

FORMS.

BANKRUPTCY ACT OF 1800.

BANKRUPTCY ACT OF 1841.

BANKRUPTCY ACT OF 1837 AND AMENDMENTS.

BANKRUPTCY ACT OF 1898.

TABLE OF CASES.

INDEX.