Where May the Petition be Filed. [Ch. IV. gives the court a right to adjudge all the members of the firm bankrupts (section 5c); but does not give it jurisdiction to adjudge each member of the firm individually a bankrupt, unless it has jurisdiction over him personally. CHAPTER V. OFFICERS, THEIR DUTIES AND COMPENSATION. SEC. 33. Creation of Two Officers.-a The offices of referee and trustee are hereby created. Analogous Provisions of Former Acts. Compare "Analogous Provisions of Former Acts" given under sections 34 to 49, both inclusive. Under the Former Act.-Duties corresponding to those by this statute imposed upon the referee and the trustee, were under the former act imposed upon officers known respectively as register, and assignee. 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 them 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. Analogous Provisions of Former Acts. As to appointment: R. S. section 4993; act of 1867, section 3; act of 1841, section 5; act of 1800, section 2. As to removal: R. S. section 4997; act of 1867, section 5. Appointment. The law clearly intends that there shall be at least one referee for each county, more if necessary. The fixing of Qualifications of Referees — Degree of Relationship. [Ch. V. definite limits for the districts of referees seems to be necessary; otherwise serious jurisdictional questions may arise, inasmuch as the act provides that the referee must reside or have an office in the territorial district for which appointed. (Section 35.) Further, numerous provisions of the statute provide that various matters may be referred to "the" referee. 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, 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. Analogous Provisions of Former Acts. As to qualifications: R. S. sections 4994 and 4995; act of 1867, section 3. 66 Degree of Relationship.-" Affinity" means relationship by marriage, viz: the tie between the respective kindred of a married couple. Consanguinity" is the connection or relation of persons to a common ancestor, viz: blood relationship. (See Anderson's Law Dictionary.) In determining degrees of relationship the rule of the common law, as well as the civil law, is to count 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. (Redfield's Surrogate's Practice, 5th ed. p. 669.) In computing, the common ancestor is counted but once, and one of the persons related is excluded and the other included. $$ 36, 37, 38.] Oaths of Office of Referees --- Number of - Jurisdiction of. 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. Analogous Provisions of Former Acts. R. S. section 4995; act of 1867, section 3. Oath of Office.-U. S. Revised Statutes, section 712, provides: "The justices of the Supreme Court, the circuit judges, and the district judges, hereafter appointed, shall take the following oath before they proceed to perform the duties of their respective offices: '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.'' 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. Analogous Provisions of Former Acts. R. S. section 4993; act of 1867, section 3. SEC. 38. Jurisdiction of Referees.-a 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) consider 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; (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 courts of bankruptcy and as shall be prescribed by rules or orders of the courts of bankruptcy of their respective districts, except as herein otherwise provided; and (5) upon the application of the trustee during the examination of the bankrupts, or other proceedings, authorize the employment of stenographers at the expense of the estates at a compensation not to exceed ten cents per folio for reporting and transcribing the proceedings. Analogous Provisions of Former Acts. R. S. section 4998; act of 1867, section 4; also R. S. sections 5009 and 5010; act of 1867, sections 4 and 6. Together with this section should be considered G. O. 12, which is as follows: XII. DUTIES OF REFEREE.. I. The order referring a case to a referee shall name a day upon which the bankrupt shall attend before the referee; and from that day the bankrupt shall be subject to the orders of the court in all matters relating to his bankruptcy, and may receive from the referee a protection against arrest, to continue until the final adjudication on his application for a discharge. unless suspended or vacated by order of the court. A copy of the order shall forthwith be sent by mail to the referee, or be delivered to him personally by the clerk or other officer of the court. And thereafter all the proceedings, except such as are required by the act or by these general orders to be had before the judge, shall be had before the referee. 2. The time when and the place where the referees shall act upon the matters arising under the several cases referred to them shall be fixed by special order of the judge, or by the referee; and at such times and places the referees may perform the duties which they are empowered by the act to perform. 3. Applications for a discharge, or for the approval of a composition, or for an injunction to stay proceedings of a court or officer of the United States or of a State, shall be heard and decided by the judge. But he may refer such an application, or any specified issue arising thereon, to the referee to ascertain and report the facts. Jurisdiction of Referee.-After adjudication the judge may refer the case either generally to the referee or specifically with |