Page:United States Statutes at Large Volume 44 Part 1.djvu/262

 8 ew u·1:¢*.1.1l: 1.1.- _ a(f) A certlued copy of an order conilrmlng or mtting asl a composition, or granting or setting aside a discharge, .1: revoked, shall be evidence of the jurisdiction of the court, t regularity of the proceedings, and `ptfthe fact that, the ord ® was made. _ J _,,..,..,/»~   · “ _ _. · (3) A ccrtmetla copy of an order confirming a compositt ahall constitute evidence of the revesting of the title of I property in the bankrupt, and if recorded shall `impart the sa: notice that a deed from the trustee to the bankrupt if recordt would impart; (July 1, 1898, c. 541, §‘ 21, 80 Stat. 551; Fc 5, 1903, c. 487, § 7, 32 Stat. T98.)`- ‘ ‘ _ a 45. Reference after adjudication.——( a) After a person 11: been adjudged a bankrupt the judge may cause the trustee. j proceeel with the administration of the estate, or `refer it" _(1 generally, to the referee or e specially with only- limited authorm ` to act in thepremises or to consider and report upon specme issues; or (2) to any referee within the territorial jurisdi tion at tl1B.<39urt, it the convenience of parties in interestwi be wed thereby, or for cause, or it the bankrupt· does ne do business, reside, or have his rlomlcile in the district. _ (b) The judge may, at anye time, for the convenience ¢ parties or for cause, transfer a case from one referee, to a1 other. _.(July 1, 1%, c. 541, _§ 22, 30 Stat. 552.) » _ _ _ 48. Jnrisdicticm; United States and State courts.-}-(a) Th United States district courts shall have jurisdiction of all cor troverslee at law and in equity, as distinguished from proceet lugs in bankruptcy, between trustees as such and. advers claimants ceuceming’tl1e_pr0perty acquired or claimed by th trustees, in the same mannerand to the same extent only a though bankruptcy proceedings had not been instituted, am ` such controversies had been bet=ween,the_bai1krupts and suc} adver® clairnauts. J _ · ‘, · ‘ ` (b) Suite by the trustee shall only be brought orproaecutet in the courts where the bankrupt, whose estate is beingacl ministered by such trustee; might have brought or prosecuted them it proceedings in bankruptcy t had not been justitutegl “ unless by consent ot the proposed. defendant, except suits tm, the recovery of property under section 96, subdivision · b, oi this title; section 107, subdivision e,` of t'hisr__tltle; and section N 110, subdivision- e, of tbié title. (July 1, 1898, c. 541, §· 23, 30 Stat.’552‘; Feb. 5, 1903, c.· 487;] 8, 32 Stat. .798; June 25, 1910,c.412,§'I,36Stat. ‘   · _. 47. Same; appellate jurisdiction.-=~—-—(a) The circuit courts ci amals ot the United States; and the supreme courts ot the "Territories, in vacation in chambers and during`, their respective terms are inveeted with appellate jurisdiction of controverdes ¥·· arising. in bankruptcy prcceedlngé treme the courts of. bank— ruptcy irgom_ which they have appellate jurisdiction in other (be) The several circuit courts of appeals shall have jurisdiction, in equity, either interlocutory or Hnal, to superlntend and revise in matter of law the proceedings of the mveral inferior courts act bankruptcy witliln their jurisdiction. Such power shall (be exercised on due notice and petition by any party 8§g1‘i€V€d; . ”“, · _ l · ‘ (c) The Court of Appeals of the District of Columbia shall have the éame (appellate and supervisory jurisdiction over pro-, ccedinga, eentroverslee, and cases in bankruptcy in the District ot Columbia that a circuit court et appeals . has over such proceedings, 'controversiea, and cam within. its circuit and shall eierciae that jurisdiction in the.aam¢·mauuer as a cir~, cult court of appeals is required to excrclw lt. (July 1, 1398, c; 541,} 24, 30 Stat. 553; `Feb, 13, 19%,, c. %, {I 1, 5, -13, 43 Stat. 936, 937, 941.) ( f “ — " __ . 48.  and write of error.-——-(a) Appeals. as in jequlty cases, may be taken in bankruptcy prccwdiag from the `ccurta pf bankruptcy to the `circuit court of appmla of the United States, in the following cases, to wit, (1) from a judgment

—·—BA1&lK1tUPTCY I 248 me edjndging or refusing to adjudze the defendant a bunk,-HD,. mt (2) from a judgment granting or denying a discharge; ,1,,,; ho (3) from n jlrdgment allowing 01* rcjéctins a debt or claim ,,3 ter $500 or over. Such appeal shall be taken within ten days after ‘ me judgment appenled from has been rendered, and may on heard and determined by the appellate court in term or vocasig tion, as the case may be. · _, _ M. na u(l:g) Trustees moll not be required to give bond when they Bd take appeals or sue out writs of error. _ r ,b_‘ (e) Gontrpversies may be ucertihcd to the Supreme Com-; of the United States from` other courts of the United Sto~te>=, as and the; former court may erercise jurisdiction thereof uml to issue `writsf of certiorari pursuant to the provisions of the l) United Statesylaws ln force ,on July 1, 1%, or such as may no gd Feb. 13, .1925; c. 229, §§ 1, 13, 43 `Btat. 996, M1.) ‘ ‘ c. 49. Arbitration.+(a) The trustee may, pursmnt to the direo. lu tion of the court, submit to arbitration may controversy, arising pt in the settlement of the estate. P _  ‘ " (b) Three arbitrntors shall be chosen by mutual consent, or ~ yr one by the trustee; one by the other party to the controversy, ` five days after their appointment-the court `shalf appoint the lg third arbitrator. · - ·_ { “‘ ·- -, I- of them,. as toltpe issues presented, mny be Bled in court and n shall 1me··11ke force and effect as the verdict of a jury. (J my e .1, 1898,. c.·541, § 26, 30 Stat. 553.) V A r · ~ s *50.' Compromises.—The trustee may, with the amrovnl of
 * y thereafter enactedr (July 1, 1%, c. 541, S 25, 30 Stat. 553;
 * -. and the third by the two so chosen, or if they fail to- agree in
 * - .(c) The written Ending of the arbitrators, or n majority
 * 1 the court, compromise any controversy arising in the adminish tration of, the estate upon suclrternxs as he may deem for

thebest interests of the estate. (July 1, 1898, c. 541, § 27, ' 1 30 Stat. 553.)" `- _ ·" _ ” ~ q _51. Designntiorugf news'papefs.—#Con1rts, of mnkrnptcy shalli_ by order designate a newmnper published withlnithelr respec- . five territorial districts, and in the county. in ihlch the bank- F rupt resides or the major mrt of his property is situated, in ?. which notices required to be published by this title end orders 1 which the court may direct to be published shall be inserted. , Any court may in a perticular cose,. for the conventence of ._ parties in interest, designate _- some nddltionnl newwper `in which notices and orders in. such cose shall be ·pnhllsne<l.» V (July 1, 1898, c. 541, { 28, 30 Stat. 554.) V ‘. 52. 0Eenses.y-=(o) A· person shall be punished, by imprisont ment- for a period not to exceed nre years, upon conviction of the offense of having knowingly end. fraudulently approprn ~ ated ·to his own une, enibezzled, spent, or unlawfully transferred nny property -_or secreted o‘r destroyed any docnment belonging to a bankrupt estate which came into his charge. as trustee. r · I o  _ , (b.) A person shell be punished, by imprisonment for o period not to exceed two years,,_npo`n`conviction of the ommsc. of having knowingly and fraudulently (1) co@led while o rbnnkrupt, or ofter his discharge, from hisvtrnntee any of the A property belonging to hisestate in bankruptcy; ‘or (2) mode ao. fnl·se.oot}1‘or Account in, or in relation to, any proceeding in bankruptcy; §(3)° prmented under oath only false c1nim’fo¤ proof sgainstnthe estate of a tionkrnpt; or used any nucl; claim in composition pereonally or by `agent, proxy, .or attorney, OY _ ns agent, proxy, or dttorney; or (4) received `gny mnterial amount of property from o bankrupt after the nllngjof the petition, with intentzto defeat the provisions of this title; or (5) extorted or 'ettempted tozextort any money or property from , ony person as o consiclerntion for acting or forbenring to act in bankruptcy proceedings. _ · __ - _ " ‘ (c) A person ¤l¤ell,_be punished by npc, not to exceed _$500.· ‘ 'ahd forfeit his o¤ce,_ and the same `sball ·tl:•erenpon become .v¤cnnt,_ upon conviction of the odeme of hhvlng knowinzlyy