are admitted to any of the district courts upon motion, and upon subscribing the roll and taking the proper oath of office, and usually upon the payment of a small fee which generally amounts to $5.00. The rules of the respective districts with reference to this matter should be consulted by those seeking admission.

Notice.

Bankruptcy Act, section 58.-Notice of certain proceedings to be given by mail to creditors; may be published; by whom given. Compare pages 324-327. Bankruptcy Rule, No. XXIII.—Order of referee, to recite the mode in which notice was given. Compare Equity Rule No. IV as to notice of motion in equity proceedings.

It is to be noted that the only express statutory provision as to notice in bankruptcy cases is that contained in section 58, and such notice is given only in certain specified proceedings. It does not provide a method of giving notice of motions in general, nor is there any bankruptcy rule as to that point of procedure other than the one under consideration and Equity Rule No. IV in so far as the latter rule may be deemed adopted by Bankruptcy Rule No. XXXVII.

V. FRAME OF PETITIONS.

All petitions and the schedules filed therewith shall be printed or written out plainly, without abbreviation or interlineation, except where such abbreviation and interlineation may be for the purpose of reference.

[First part of rule XIV, 1867, without change.]

Forms: Nos. 1, 2, 3.

The Petition and the Schedules.

Bankruptcy Act, section 18.-Process, pleading and adjudication. Compare pages 221-223.

Bankruptcy Act, section 7 (8).—Form and contents of the schedules. Compare pages 91-93, title, Schedule To Be Filed.

Bankruptcy Act, section 39 (6).-Duty of Referee in certain cases to make out the schedules

Bankruptcy Rule, No. IX.-Duty of the petitioning creditor in certain cases to file a schedule.

Plainly Written.

Under Rule XIV of 1867, which was like the one under consideration, it was held by the U. S. District Court for the Northern District of New York, in a case reported anonymously in 1 N. B. R. 215, that an illegible petition could not be filed; and in re Orne, 1 Ben. 420; s. c. I N. B. R. 79, it was held by Judge Blatchford of the Southern District of New York that dots or ditto marks could not, consistently with the rule, be used for the purpose of indicating anything necessary to be stated Compare cases cited, page 92 ante.

VI. PETITIONS IN DIFFERENT DISTRICTS.

In case two or more petitions shall be filed against the same individual in different districts, the first hearing shall be had in the district in which the debtor has his domicil, and the petition may be amended by inserting an allegation of an act of bankruptcy committed at an earlier date than that first alleged, if such earlier act is charged in either of the other petitions; and in case of two or more petitions against the same partnership in different courts, each having jurisdiction over the case, the petition first filed shall be first heard, and may be amended by the insertion of an allegation of an earlier act of bankruptcy than that first alleged, if such earlier act is charged in either of the other petitions; and, in either case, the proceedings upon the other petitions may be stayed until an adjudication is made upon the petition first heard; and the court which makes the first adjudication of bankruptcy shall retain jurisdiction over all proceedings therein until the same shall be closed. In case two or more petitions shall be filed in different districts by different members of the same partnership for an adjudication of the bankruptcy of said partnership, the court in which the petition is first filed, having jurisdiction, shall take and retain jurisdiction over all proceedings in such bankruptcy until the same shall be closed; and if such petitions shall be filed in the same district, action shall be first had upon the one first filed. But the court so retaining jurisdiction shall, if satisfied that it is for the greatest convenience of parties in interest that another of said courts should proceed with the cases, order them to be transferred to that court.

[Rule XVI, 1867, without change, except that the last sentence of Rule VI under consideration, is new.]

Jurisdiction to Adjudge Individuals Bankrupt.

Bankruptcy Act, section 2 (1).-Jurisdiction of courts of bankruptcy to adjudge a person bankrupt either in the district in which he has for a certain time resided or had his domicil or had his principal place of business. Compare pages 16-18, title, Jurisdiction to Adjudge Persons Bankrupt; also pages 261-262, title, Where May the Petition Be Filed.

Jurisdiction Over Partners.

Bankruptcy Act, section 5. c.-' -The court of bankruptcy which has jurisdiction of one partner has jurisdiction of all partners.

Transfer of Cases.

Bankruptcy Act, section 2 (19).-Power of one court of bankruptcy to transfer cases to another court of bankruptcy.

Bankruptcy Act, section 32.-In case of two or more petitions in different districts against the same person or partnership, the case to be transferred to the court which can administer the estate with the greatest convenience to the parties.

It is familiar practice in courts of equity acting under the same general jurisdiction, when their jurisdiction is invoked for the distribution of the same fund by different complainants, to permit the court first obtaining jurisdiction

the fund by the institution of a suit, to proceed therewith to its full and complete disposal. In the main, the new bankruptcy rules adhere to that general principle, there being, however, this exception, that in the case of two petitions filed against an individual the first hearing shall be by the court of the district where the bankrupt has his domicil. Compare page 261 ante.

VII. PRIORITY OF PETITIONS.

Whenever two or more petitions shall be filed by creditors against a common debtor, alleging separate acts of bankruptcy committed by said debtor on different days within four months prior to the filing of said petitions, and the debtor shall appear and show cause against an adjudication of bankruptcy against him on the petitions, that petition shall be first heard and tried which alleges the commission of the earliest act of bankruptcy; and in case the several acts of bankruptcy are alleged in the different petitions to have been committed on the same day, the court before which the same are pending may order them to be consolidated, and proceed to a hearing as upon one petition; and if an adjudication of bankruptcy be made upon either petition, or for the commission of a single act of bankruptcy, it shall not be necessary to proceed to a hearing upon the remaining petitions, unless proceedings be taken by the debtor for the purpose of causing such adjudication to be annulled or vacated.

[Rule XV, 1867, without change other than that "four months" the new rule in place of "six months."]

VIII. PROCEEDINGS IN PARTNERSHIP CASES.

appears in

Any member of a partnership, who refuses to join in a petition to have the partnership declared bankrupt, shall be entitled to resist the prayer of the petition in the same manner as if the petition had been filed by a creditor of the partnership, and notice of

the filing of the petition shall be given to him in the same manner as provided by law and by these rules in the case of a debtor petitioned against; and he shall have the right to appear at the time fixed by the court for the hearing of the petition, and to make proof, if he can, that the partnership is not insolvent or has not committed an act of bankruptcy, and to make all defences which any debtor proceeded against is entitled to take by the provisions of the act; and in case an adjudication of bankruptcy is made upon the petition, such partner shall be required to file a schedule of his debts and an inventory of his property in the same manner as is required by the act in cases of debtors against whom adjudication of bankruptcy shall be made.

[Rule XVIII, 1867, with no substantial changes.]

Form: No. 2.

Bankruptcy Proceedings against Partners.

Bankruptcy Act, section 5.-Proceedings against partners. Compare pages 59-60, titles, Who Must Petition, The Act of Bankruptcy.

Proceedings upon Involuntary Petitions in Bankruptcy.

Bankruptcy Act, section 18.—Service of Petition and writ of subpœna. Equity Rules, Nos. 7. 11-16.-Process, how and by whom served. Bankruptcy Act, section 3.-Acts of Bankruptcy. Compare pages 22-45.

Defences.

Bankruptcy Act, section 3 c.-Solvency at the time of filing the petition a defense, when. Compare pages 222-223.

Bankruptcy Act, section 7 (8).—Duty of bankrupt to make out and file schedule and inventory. Compare pages 91-93.

Bankruptcy Act, section 39 a (6).—Duty of the referee to compile schedules in certain cases.

Bankruptcy Rule No. IX.-Duty of petitioning creditor in certain cases to furnish schedule.

IX. SCHEDULE IN INVOLUNTARY BANKRUPTCY.

In all cases of involuntary bankruptcy in which the bankrupt is absent or cannot be found, it shall be the duty of the petitioning creditor to file, within five days after the date of the adjudication, a schedule giving the names and places of residence of all the creditors of the bankrupt, according to the best information of the petitioning creditor. If the debtor is found, and is served with notice to furnish a schedule of his creditors and fails to do so, the

petitioning creditor may apply for an attachment against the debtor, or may himself furnish such schedule as aforesaid.

[New.]

Filing of Schedules.

Bankruptcy Act, section 7 (8).-Duty of bankrupt to file schedules and inventory.

Bankruptcy Act, section 39 a (6).-Duty of the referee in certain cases to compile the schedules. Compare page 269, ante.

X. INDEMNITY FOR EXPENSES.

Before incurring any expense in publishing or mailing notices, or in traveling, or in procuring the attendance of witnesses, or in perpetuating testimony, the clerk, marshal or referee may require, from the bankrupt or other person in whose behalf the duty is to be performed, indemnity for such expense. Money advanced for this purpose by the bankrupt or other person shall be repaid him. out of the estate as part of the cost of administering the same.

Duties of the Referee Involving Expense.

Bankruptcy Act, section 58.-Referee in certain cases to mail notices to creditors.

Bankruptcy Act, section 65.-Referee (or judge) to preside at first meeting of creditors, to be held at the county seat of the county in which the bankrupt has his domicil or residence or in which he did business.

Bankruptcy Rule No. XXVI.-Referees account of expenses.

Fees and Services of Marshal.

Bankruptcy Act, section 52.-Compensation of the marshal.

Expenses of Officials in General.

Bankruptcy Rule, No. 35.—Compensation of officers not to cover expenses. Bankruptcy Act, section 62.-Expenses of officers to be reported to the court under oath.

Bankruptcy Act, section 64 b.-Necessary cost of preserving estate and costs of administration treated as debts having a priority.

XI. AMENDMENTS.

The court may allow amendments to the petition and schedules on application of the petitioner. Amendments shall be printed or written, signed and verified, like original petitions and schedules. If amendments are made to separate schedules, the same must be made separately, with proper references. In the application for