Page:United States Statutes at Large Volume 44 Part 1.djvu/264

 §` 68 TITLE 11.-— t `epon by the partdé. before them vihen at stenographer is no K in attendance; and (1.0) whenever their respective otllces an in  same cities or tovrug where the courts of liankruptc; ·· ,eon`vene, ·cal.l”‘upon_ endl receive from °tl¤e clerks all papers _§le< in courts of bankruptjcy which have  rete1—red_t0‘_them. ‘(b) Refereesehnll not (1)'.act incase; in whichthey ara directly? or indirectly interested ;· (2) practlceas attorneys am counselors at law. in any baukruptcy—'proceedings; or (3); pur chase, directly or indirectly,da1ofproperty of Tau estate ix bankruptcy. (Jnly 1, 1898, c. 541,} 39, 30 Stat;555.) - Q_ · -68. Same; conipeneation.——;(a) Referees shall receive as ful compensation for their éervices, payable after they are ren dered, a_ fee of $15 deposited with the clerkyat l the time the _ petition is tilcdin each case; ekcept when". a feeds not requiret from a voluntary b§Ilk1'ilf¥t,‘8lld·2§ cents for every proof-ol · claim Sled for allowance, to be paid troin théestate, if. any as a part of thecoat of administration,;am1 from egtatea whicl ‘ have been administered -before them ._1“per.cent1im commie _$ons_ on all znomys disbnraed to creditors, by the trustee, o1 pvorie-half oi 1 `per centun; on the a'mo¤nt_to be paid to creditor: ifupon-the eondrmatiou otacompoaition. » ‘ .‘ ·_ _ _‘ _ l (b) Whenever a caserls transferred from one referee ·t€ another the Judge shall determine the pro rtion_ in nwhicl p the tee aud_commisslous` therefor shall be divliged between tht ~»—re1'ereea.; tt.; _ _’ i   _ _ . · r jc} IH·t1)Q evmt oi. the reference of tease belngrevoked be tore it) is Ieonclutded, and when the case is specially referred, the judée shall éeternainewvhat part of the fee and commissions relaall be paid to the referee. (July 1; 1898, c. 541, ‘$_ 40; 30 Stat 556} Feb. 5, 19&·3,`·c. 487, 59,.32 Stat. 799.) ‘. ‘   69. Snuegeontenzms before.———?(a) A person shall not, in pro- beiore a mferee, X1) dlaobcyor resist any lawful order, a- process, or writ; (2) miebehave during ¢ hearing or ao nearthe · place thereof aa to obstruct the same ;” (3)- neglect to prodnee, .after` having been ordered to do eo`] rany Yiiértinent docminent; or {Q} refuse to appear after lxaviog been sulipmyed, or, upor appearing, refuse to take the, oath as af witness, or, after- hav- . taken the oath, refuse to be examined according to law,. No ·pereon‘el1al1 be required to attend as a wltneaa before "a referee at a place outside of the State of his reslde¤ce>. and more than one plmndred miles {from mich place. ot residence, and only in . case his lawful, mlleaxewand fee for one day’s attendance, almll be met paid or tendered to hire. A I, _ ·-  _ tb) The referee shall certify the facts to `the judge, it any perm;   do any of the thing- forbidden in this section, The judge mall thereupon, in a summary nnanner, hear the eridence as to the acts complained of, and, if it la such aa to warrant _, me in so doing, puulett such =peraon_ in the annie manneraud ·to the same extent as for" a contempt committed before the court yet bankruptcy, or commit_auclr peroon upon the same - eondltiona as if the doing of the 'forblddeu _ act) had- occurred ,vrlth" reierence to the process; of,-_ or in the presence ot, the ` com·t.· (July 1,-1898, c. 541, 5 41. 30 Stat. 556.) l ° ` M79. Same; records.-~··('a) The recordsot all proceedings in each caee before ah referee shall be kept in nearly as may be -ln the same manner aa records were kept on July 1, 1§8, equity mam in dietrict courts of the United States; _ ' ‘ (bi Afrecord of the proceeding in each' case shall be kept ‘ ln a aeparate*book_o1··booka, and shall, together with, the papers on ale, cozxetitutc tlie records of the case. ° °  ‘ (ee) The hook or books containing a record of theproceedlngés shall, when the case is concluded before the rete`reeQ be certi— lied to by him, and, together with such papers an are on Hle before him, transmitted to the court of baukrqptcy and ahall `there rem{£@as an part ot the records of the court} (Juljr 1, _ 1989, c. K41, { 12, 30 Stat. 556.) ‘ — - ' 71. Sfamc; absence or disability.-—\l\7l1eueve;r .the ofdce of il referee js vacant, or its occupant lssabsent or disqualldedjo _ act, the judgemay act, or may appoint another referee, or xm-

-BANKR,UPTGY ‘ 25,-) t othermeferee, holding. as appointment under the Same ,_,,,u,,f e may, by order ot thejudge,. temporarily fill the vacank;y_ _ ( _],,,y_ r 1, 1898, e. 541, 5 43. 30 Stat. 557.) ’ l · . - 1 ‘ 72. Trustees: •ppointment.¢=—The creditors or g bank,.,,m . estate shall, at their ·ilrat·n1<’>ot1¤g Rite?. the udjntlicatien ,,,· B after a vacancy has occurred in the omoe of trustee, or asgw 1 an estate has been reopenealy or after an compositing .1mS_·;,,,,,,, t- set asldel or a discharge revoked, or: if.there is a vaenmy ,,,__ x the office of trustee, appoint one jrnstee or three trustees. nr, seen estate. It the creditors do not appoint .¤ trustee or img- 1 tees as herein provided, the_<f9¤ft 831811 do_801. (July 1, 189s, (-_ g·54l,§44,30Stat.55’Z.) ‘. _· _ __. _ el  _Sa¤e;__q¤§fi£¢ati0¤s.—TrMt€e§ may Abe .(1) 'individnme l_ who are respectively competent .to perform. the duties of that I nmee, and reside or have any o@ee in.the·jud&ial`a1atr;{·; V; wvfthin which they are appointed, or (2) corporations same;- 1 ized by their charters or- by tan. to ict in meh capacity: nan. -` having an ]oQce in zthe judicial district within which they are r appointed. (July 1,·1&8, c.e541,iI`·£5, 30 Stat. 557.) -. sg 74. Same; death or ,rcnaraL—-'lfhidath or. r@va1 of ·a trpstee shall not e abate, any-,mit or proceedim which he is- > prosecuting or defending tt-1%  of his death or remove}, n but- the same may bej eded” with .o:·.ée!%ed by his a joint trusteeyor successor in the same  as thoughathe same. had been  or. was being dcfaded hy such - ‘jbint·trustee alone or by such successor. (July 1, 1%% c. 541, » °§.46.30Stat.55”l.)’. ‘ .` _. T r .:75. Sante; duties.-·('¤) Trustees shall re@ectlrely (j) an- .‘ count for and pay, overto the e&ate¤‘u¤der”their éeht1’ol.a1l. . lnterut received hythem on propertyct sach mates; (2) - collect and reduce to money, the pr0party`ot.the·.-m.ates,f¢»r . which they are trustees, 'uhder the diréctloqjef the court, r' and close up the estate as expeditiously as iscornmtlble with . ·the_best interests of the parties `in intermt; and `mch trus-
 * tees, as to all property ln the“custody or coming tnto the

a custody ot the bankruptcy court, shall be deemed vested with - all the rights, remedies, and powers of a acre<.{lt0r‘ holding a » lien by legal or equitable proceedings-thereon;.nnd also, as F ,t0 all propcwty notin the custody of the ba¤kr¤ptcy`·conrt,. r shall be deemed vested with ‘ all Z the rights, remedies, and l powers- ofta Judgment, creditor holding- arr execution du!-y_ t returned unsstisaen; ·(3) depositall money recdved by them` tn. one of the designated Adeposltorles; _ (4) d&rse money` ’ only .by check or draft on the deposltories in wrhlch it has · been deposited; (5) furnish such information concerning the · estates of which they are trustees and thelr`adnnlnlatratio¤1 - as`may be requested by parties in interest; (6) keep reaut lar accounts showing all amounts received and trorn what · sources and all axnouhts expended and on what accounts; ¤~ (7) lay before the` final meeting of the creditors detailed statements of the administration of the  (8) make final reports and file Hnal accounts with the courts tlfteerxdnys before the days tixed for theilnal meetln§ of- the creditors; · (9) pay divldendsjwithln ten days after they are declared Nj · the referees; (l0)·report to ·the courts, in writing, the condition of the estates and the amounts of money on hand, and such other detallsas may bemequlred hy the courts, within. the first month. after their appointment and every. ~tw¢»’ months thereafter, unless otherwise ordered `by the courts: and (11) set amrtythe hankrnpt’s‘exen1ptiens andreport the t Items and estimated value thereof to the court as soon as practicable after-. their appointment. _ _ ,(b) Whenever three trustees have been appointed for sn` - estate, ’_the. concurrence ot at least two ot them shall bc newmary to the validity of their every act concerning the administration of the estate. · " · _ ` (c) The ptrtistee shalkhwithln thirty days after the adjudication, mega certlned copy ot the decree of adjudication In the odlce where conveyances o1'_real estate are recorded in every