note.[a]-[d] In the second circuit there is also an admiralty rule as to mandate.[e] Author's section. [a] For the first circuit-when to issue. "In every case finally determined, a mandate or other proper process in the nature of a procedendo shall be issued to the court below for the purpose of informing that court of the proceedings in this court, so that further proceedings may be had in the court below as to law and justice may appertain. Such mandate, or other process, may issue at any time on the order of the court; but unless otherwise ordered, it shall issue as of course, after two calendar months from the entry of judgment, unless a petition for a rehearing has been filed and remains undisposed of."16 [b] In the fifth circuit-when to issue. "Mandates shall issue at any time after twenty-one days from the date of the decision, unless an application for a rehearing has been granted or is pending. A copy of the opinion of this court shall accompany the mandate when a new trial or further proceedings are to be had in the lower court, and the charge for such copy shall be taxed in the costs of the case. Provided that in all cases entitled to precedence in this court under section 7 of the act approved March 3, 1891, and amendments thereto the mandate or other proper process shall issue after the expiration of seven days from the date of the decision, unless otherwise ordered by the court or one of the judges."17 [c] In the sixth circuit-when to issue-to be accompanied by opinion. "In all cases finally determined in this court, a mandate or other proper process in the nature of a procedendo shall be issued, on the order of this court to the court below, for the purpose of informing such court of the proceedings in this court, so that further proceedings may be had in such court as to law and justice may appertain. "Such mandate shall not issue until time has elapsed for filing a petition to rehear as definded by Rule 2918 and no mandate or other process of procedendo shall issue when a petition to rehear is pending unless specially ordered. "Every mandate shall be accompanied by a copy of the opinion filed in the cause in which it is issued, and the charge for the same shall be taxed in the costs of the case." [d] In ninth circuit-costs thereof-mandate when to issue. "In all cases finally determined in this court, a mandate or other proper process in the nature of a procedendo, at the request of counsel for the pre 16 Rule 32 C. C. A. 1st Circuit as amended Oct. 4, 1898. 1732nd Rule C. C. A. 5th circuit as amended Jan. 12, 1905. 1832nd Rule C. C. A. 6th circuit as amended Oct. 2, 1894. vailing party and upon the payment of any costs due in the case, shall be issued, as of course from this court, to the court below, for the purpose of informing such court of the proceedings in this court, so that further proceedings may be had in such court as to law and justice may appertain. Such mandate, if not stayed by the order of the court, shall be issued on the expiration of fifteen days from the date of such final determination unless within said time a petition for rehearing be filed, in which case the mandate shall not issue until after the determination of such petition."19 [e] Mandate in admiralty causes in second circuit. "The decrees of this court shall direct that a mandate issue to the court below."20 § 2134. Entry of decrees in second circuit-bill of costs sub mitted. At the expiration of ten days after a case has been decided the order or decree thereon will be entered by the court, and the clerk will thereupon prepare and tax the bill of costs and issue the mandate. Within said ten days the parties may file with the clerk their proposed orders or decrees and bills of costs with proof of service of the same upon the opposing attorney. 2nd clause rule 36, circuit court of appeals for the second circuit. 1932nd Rule C. C. A. 9th circuit. 20 Adm. Rule xvi. C. C. A. 2nd cir cuit as amended May. 8, 1898. CHAPTER 63. BANKRUPTCY JURISDICTION AND PROCEDURE IN GENERAL. § 2199. Cross references. § 2200. Jurisdiction in bankruptcy. § 2201. Effect of bankruptcy on pending suits-limitation of suits against trustee. Courts in which trustee shall sue. Jurisdiction of suits for recovery of property fraudulently con veyed, etc. § 2202. § 2203. § 2204. § 2205. -concurrent jurisdiction of offenses. § 2206. Supreme Court to prescribe rules, forms and orders. Extent of circuit court's jurisdiction. § 2207. Proceedings to conform to practice in equity or at law as case may be. § 2208. Prescribed forms to be followed. § 2219. Conduct of proceedings in person or by attorney-endorsements, service on attorney. § 2220. Duty to advance money or indemnify for expenses-repayment out of estate. § 2221. -order as to payment of fees after filing of petition. Marshal to return sworn accounts of actual and necessary ex § 2224. penses. Duty of Attorney General as to bankruptcy statistics. § 2225. Duty of officers to transmit statistics. § 2226. Who may become bankrupts-voluntarily. § 2227. -involuntarily. § 2228. -partnerships. § 2229. Death or insanity of bankrupt not to abate proceedings. § 2230. Duties of bankrupt. § 2199. Cross references. In other chapters of this code will be found provisions relating to the removal of bankrupts from one district to another.1 the attendance of witnesses outside the State2 the power of a bankruptcy court to issue process and punish for contempt and provisions relating to contempts before referees.5 Author's section. § 2200. Jurisdiction in bankruptcy. The courts of bankruptcyla) as hereinbefore defined, viz., the district courts of the United States in the several States, the Supreme Court of the District of Columbia, the district courts of the several Territories, and the United States courts in the Indian Territory and the District of Alaska, are hereby made courts of bankruptcy, and are hereby invested, within their respective territorial limits as now established, or as they may be hereafter changed, with such jurisdiction at law and in equity as will enable them to exercise original jurisdiction in bankruptcy proceedings, in vacation in chambers and during their respective terms, as they are now or may be hereafter held,[b] to (1) adjudge persons bankrupt who have had their principal place of business, resided, or had their domicile within their respective territorial jurisdiction for the preceding six months, or the greater portion thereof, or who do not have their principal place of business, reside, or have their domicile within the United States, but have property within their jurisdictions, or who have been adjudged bankrupts by courts of competent jurisdiction without the United States and have property within their jurisdictions ;[c] (2) allow claims, disallow claims, reconsider allowed or disallowed claims, and allow or disallow them against bankrupt estates; (3) appoint receivers or the marshals, upon application of parties in interest, in case the courts shall find it absolutely necessary, for the preservation of estates, to take charge of the property of bankrupts after the filing of the petition and until it is dismissed or the trustee is qualified; (4) arraign, try, and punish bankrupts, officers and other persons, and the agents, officers, members of the board of directors or trustees, or other similar con trolling bodies, of corporations for violation of this act, in accordance with the laws of procedure of the United States now in force, or such as may be hereafter enacted, regulating trials for the alleged violation of laws of the United States; (5) authorize the business of bankrupts to be conducted for limited periods by receivers, the marshals, or trustees, if necessary in the best interests of the estate ; (6) bring in and substitute additional persons or parties in proceedings in bankruptcy when necessary for the complete determination of a matter in controversy; (7) cause the estates of bankrupts to be collected, reduced to money and distributed, and determine controversies in relation thereto, except as herein otherwise provided; (8) close estates, whenever it appears that they have been fully administered, by approving the final accounts and discharging the trustees, and reopen them whenever it appears they were closed before being fully administered ;[d] (9) confirm or reject compositions between debtors and their creditors, and set aside compositions and reinstate the cases; (10) consider and confirm, modify or overrule, or return, with instructions for further proceedings, records and findings certified to them by referees; (11) determine all claims of bankrupts to their exemptions;[e] (12) discharge or refuse to discharge bankrupts and set aside discharges and reinstate the cases; (13) enforce obedience by bankrupts, officers, and other persons to all lawful orders, by fine or imprisonment or fine and imprisonment; (14) extradite bankrupts from their respective districts to other districts; (15) make such orders, issue such process, and enter such judgments in addition to those specifically provided for as may be necessary for the enforcement of the provisions of this act; (16) punish persons for contempts committed before referees; (17) pursuant to the recommendation of creditors, or when they neglect to recommend the appointment of trustees, appoint trustees, and upon complaints of creditors remove trustees for cause upon hearings and after notices to them; (18) tax costs, whenever they are allowed by law, and render judgments therefor against the unsuccessful party, or the successful party for cause, or in part against each of the parties, and against estates, in proceedings in bankruptcy; and (19) transfer cases to other courts of bankruptcy. Nothing in this section contained shall be construed to deprive a court of bank 1654 |