Page:Federal Reporter, 1st Series, Volume 9.djvu/561

 546 F£DBBA.L BBPOBTSB. �before they shall be compelled to perform the duties required of them," and authorizes the court "to order the whole or such portion of the fees and costs in each oase to be paid ont of the fund in court, in such case, as shall seem just;" and section 5101 provides that the fees and costs of the several proceedings in bankruptcy shall be first paid in full out of the estate. Under these provisions this court bas been accustomed to. order reimbursement of the legal fees, and dis- bursements of the ofScers necessarily advanced by or on account of the bankrupt for the ordinary proceedings in bankruptcy, including proceedings for a discharge. In re Olds, 4 N. B. E. 146 ; In re Heirsch- herg, 2 Ben. 466; 1 N. B. E. 642. But this bas been done upon the petition of some other person tban the bankrupt, who bas thus advanced the necessary fees; or, if done upon the bankrupt's own petitioB, bas referred to advances presumably made by the bankrupt, not out of bis own estate, which lawfullygoes to bis assignee, but out of means subsequently acquired or procured from other sources. Eule 29 expressly declares that "funds deposited with the register, marshal, or clerk shall, in all cases where they corne out of the bank- rupt's estate, be considered as a part of such estate." The item of $50 now asked to be reimbursed to the bankrupt was such a deposit with the clerk ; and, if it cornes out of the bankrupt's estate, it formed a part of that estate to which the bankrupt cannot have any claina wbatever. Anon. 1 N. B. E. 122. The deposit in thia case was made very shortly afterthe filing of the voluntary petition. There is noth- ing in the petition to indicate, nor is there any presumptiou, that this deposit did not come out of the bankrupt's estate. If, in fact, it was procured from other sources, the bankrupt is entitled to have it restored to bim ; otherwise, not. If the parties cannot agree upon the facts in reference to that point, a reference to the register in charge may be had to ascertain and report the facts in that regard. ��� �