Page:United States Statutes at Large Volume 52.djvu/898

 52 STAT.] 75TH CONG. , 3D SESS.-CH. 575 --JUNE 22, 1938 of public justice do not require that the alleged offense should be investigated or prosecuted, in which case he shall report the facts to the Attorney General for his direction in the premises. "f. The term 'bankrupt', wherever used in this section, shall include a debtor by or against whom a petition has been filed pro- posing an arrangement or plan under this Act. "SEC. 31. COMPUTATION OF TIME. - Whenever time is enumerated by days in this Act, or in any proceeding thereunder the number of days shall be computed by excluding the first and including the last, unless the last fall on a Sunday or holiday, in which event the day last included shall be the next day thereafter which is not a Sunday or a holiday. "SEC. 32. TRANSFER Or CASES.- In the event petitions are filed by or against the same person or by or against different members of a partnership, in different courts of bankruptcy each of which has jurisdiction, the cases shall, by order of the court first acquiring jurisdiction, be transferred to and consolidated in the court which can proceed with the same for the greatest convenience of parties in interest. "CHAPTER V-OFFICERS, THEIR DUTIES AND COMPENSATION "SEC. 34. APPOINTMENT, REMOVAL, AND DISTRICTS OF REFEREES. - The judges of courts of bankruptcy shall, within the territorial limits of which they respectively have jurisdiction, (1) appoint referees, each for a term of two years and may, in their discretion, remove them because their services are not needed or for other cause; and (2) designate and from time to time change the limits of the districts of referees: Provided, That the jurisdiction of such referees in matters referred to them shall not be restricted to the districts so designated for them, but shall, unless otherwise provided in this Act, be coextensive with the territorial limits of the jurisdiction of the courts of bankruptcy appointing them. "SEC. 35. QUALIFICATIONS OF REFEREFS.- Individuals shall not be eligible to appointment as referees unless they are (1) competent to perform the duties of a referee in bankruptcy; (2) not holding any office of profit or emolument under the laws of the United States or of any State other than commissioners of deeds, justices of the peace, masters in chancery or notaries public; (3) not relatives of any of the judges of the courts of bankruptcy or of the justices or judges of the appellate courts of the districts wherein they may be appointed; (4) resident within the territorial limits of the court of bankruptcy and have their offices in the districts for which they are to be appointed; and (5) members in good standing at the bar of the district court of the United States in which they are appointed: Provided, however, That this requirement shall not apply to referees holding office on the date when this amendatory Act takes effect. "SEC. 37. NUMBER OF REFEREES.-Such number of referees shall be appointed as may be necessary to assist in expeditiously trans- acting the bankruptcy business pending in the various courts of bankruptcy, but, insofar as possible, the number shall be limited with a view to employment of referees on a full-time basis. "SEC. 38. JURISDICTION or REFEREES.-Referees are hereby invested, subject always to a review by the judge, with jurisdiction to (1) consider all petitions referred to them and make the adju- dications or dismiss the petitions; (2) exercise the powers vested in courts of bankruptcy for the administering of oaths to and the 857 "Bankrupt" con- strued. Computation of time. Transfer of cases. Chapter V-Offi- cers, Their Duties and Compensation. Referees; appoint- ment, removal, and districts. Proviso. Jurisdiction. Qualifications. Proviso. Application to pres- ent referees. Number. Jurisdiction.

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