Page:Federal Reporter, 1st Series, Volume 6.djvu/883

 IN BE HTSE. 8I1 �tion. This statute, indeed, is capable of a coustruction that the question or point adjourned is to be beard and deter- mined in the circuit court, and not to be previously heard in the district court, or any decision made thereon in the district court. I think, however, this wonld be too strict and narrowa construction, in viewof the purposes intended to be subserved in this provision of law. �The thirtieth rule in bankruptcy is as follows : "If a point or question arises which is deemed by the district judge diffi- cult and important, the same will be adjourned to the circuit court by order, without motion by either party. Either party desiring such adjournment,'and, previous to a final decision or decree in the district court on the point, produeing the certificate of counsel that the point is difficult and important, may move the adjoumment, and the court, in its discretion, may allow the same on such motion ; but, unless both parties concur in the application, the adjournment will be at the ex- pense of the party moving it." This rule seems to show that the power of the district judge to adjoum questions into the circuit court was understood to be eut off only by the entry of a decree or final order by the district court. And such seems to have been the practical application of the statute and the rule in the case of Mott, (unreported.)* �The first question which I am asked to adjoum into the circuit court is, in substance, "Whether the district court has power, sitting in bankruptcy, and exercising the jurisdiction conferred by the bankrupt law of 1841, by summary order to set aside, and order to be surreudered and cancelled, deeds given by the officiai assignee which were improvidently, irreg- ularly, or without due authority executed by Mm, or which were procured to be executed by imposition and fraudulent practices upon the court, or which were designedly so drawn as to be geants in excess of, or varying in material particulars from, the orders of the court under which they purport to be executed, while the same are still in the hands of the party by whom they were so procured from the assignee, and who had notice" of said irregularities and defects, and who gave nu �*Ante, 685. • ��� �