Page:Federal Reporter, 1st Series, Volume 8.djvu/434

 120 FBDBBAIi BEFOBTEB. �In re Soott, Bankrupt. (District Court, S. B. Neva York. July 25, 1881.) �1. WiTNBSs — Rbfbbbnce — Befbkbb'b Fees — Pakticulae Ordeb Constrtied. �The fees of the register to whom a reference is taken under an order direct- ing a witaess, who had refused to answer certain questions, to answer each and all of thenoL, etc., " unless the said James W. Qillies shall, within flve days from the service of a copy of this order upon him, or his attorney, take an order of reference herein to Edgar Ketchum, Bsq., register," etc., must be paid in the first instance by the witness therein referred to, as such reference is taken for his benefit, not for the information of the court. �2. Officbr of thb Oourt — Agrbements Appbcting His Right to Legal Com- �pbnsatioii— rulb. �An agreement that is relied upon to vary the right of an offlcer of the court to legal compensation is not to be regarded, in case a dispute arises as to its terms, unless it is in writing or entered in the minutes. �In Bankruptcy. Appeal from taxation ot costs of bill of the reg- ister. �Wm. H. Gale, for appellant. �Fredk. J. Stokes, for respondent. �Bbown, D. J. In a proceeding against the bankrupt, an opposing crediter, Phelps, subpœnaed Gillies as a witness to testify concern- ing some transactions of the firm of Wright, Gillies & Bro., in which the bankrupt was at one time a partner. Gillies having refused to answer certain questions, claiming that they were improper, the matter was certified to the court, and, after hearing, the court, on December 14, 1880, ordered^ — �" That said James "W. Gillies' be, and he hereby is, direoted and required to answer each and all of the questions propounded to him upon his said examina- tion, and to produce the accounts called for on his said examinatiou, unless the said James W. Gillies shall, within flve days from the service of a copy of this order upon him or his attorney, take an order of reference herein to Edgar Ketchum, Esq., register, to take testimony on the question whether there was an account stated between the firm of Wright, Gillies & Bro." �The attorney of Gillies thereupon entered an order of reference to the register to take proof of the faots concerning the legality of the subject-matter of the inquiry, and by a subsequent order his attorney procured an enlargement of the scope of the inquiry. Upon this interlocutory reference a little testimony was taken and uumerous adjournments were had, the examination of the witness in the origi- nal proceeding being in the mean time suspended. The bankrupt having thereafter effected a- composition with his creditors, which has been approved, the register presented to the attorney of the witness a bill of $49 against the firm of Wright, GUlies & Bro. for the pro- ��� �