Page:United States Statutes at Large Volume 52.djvu/900

 52 STAT.] 75TH CONG. , 3D SESS.-CH. 575-JUNE 22, 1938 adverse parties who were represented at the hearing. Such petition shall set forth the order complained of and the alleged errors in respect thereto. Upon application of any party in interest, the exe- cution or enforcement of the order complained of may be suspended by the court upon such terms as will protect the rights of all parties in interest. "SEC. 40. COMPENSATION OF REFEREES.- a. Referees shall receive as full compensation for their services, payable after they are rendered, a fee of $15, deposited with the clerk at the time the petition is filed in each case, except when a fee is not required from a voluntary bank- rupt; a fee of 25 cents for every proof of claim filed for allowance, to be paid from the estate, if any, as a part of the cost of administra- tion; and from estates which have been administered before them, 1 per centum commissions on all moneys disbursed to creditors by the trustees or, upon confirmation of an arrangement, one-half of 1 per centum on the amount to be paid to creditors in respect to the com- position of debts and one-half of 1 per centum on the amount of the debts whose maturity is to be extended and of the debts, if any, to be paid in full. Referees in ancillary proceedings shall receive as full compensation for their services, payable after they are rendered, a fee of $15 deposited in each case with the clerk of the ancillary court at the time the ancillary proceeding is instituted, and 1 per centum commission on all moneys disbursed in the ancillary proceeding to lien creditors, as well as on all moneys transmitted and on the fair value of all property turned over in kind by the court of the ancil- lary jurisdiction to the court of primary jurisdiction. The judge may, however, by standing rule or otherwise, fix a lower rate of compensation, so that no referee shall receive excessive compensation during his term of office and, in any case of an extension, the judge may prescribe terms and conditions for the payment of the referee's compensation. "b. Whenever a case is transferred from one referee to another the judge shall determine the proportion in which the fee and com- missions therefor shall be divided between the referees. "c. In the event of the reference of a case being revoked before it is concluded, and when the case is specially referred, the judge shall determine what part of the fee and commissions shall be paid to the referee. "SEC. 41 . CONTEMII'S BEFORE RETEIIEES.-a . A person shall not, inl proceedings before a referee, (1) disobey or resist any lawful order, process, or writ; (2) misbehave during a hearing or so near the place thereof as to obstruct the same; (3) neglect to produce, after having been ordered to do so, any pertinent document; or (4) refuse to appear after having been subpenaed, or, upon appearing, refuse to take the oath as a witness, or having taken the oath, refuse to be examined according to law: Provided, That a person other than a bankrupt or, where the bankrupt is a corporation, its officers, or the members of its board of directors or trustees or of other similar controlling bodies, shall not be required to attend as a witness before a referee at a place more than one hundred miles from such person's place of residence or unless his lawful mileage and fee for one day's attendance shall be first paid or tendered to him. "b. The referee shall forthwith certify the facts to the judge, if any person shall do any of the things forbidden in this section, and he mav serve or cause to be served upon such person an order requiring such person to appear before the judge upon a day certain to show cause why he should not be adjudged in contempt by reason of the facts so certified. The judge shall thereupon, in a summary manner, hear the evidence as to the acts complained of and, if it is 859 Compensation of referees. Cases transferred from one referee to another. Revocation of refer- ence. ('onltampts before referees. Proviso. Attendance of wit- nesses. Contempt proceed- ings. Punishment.

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