debtor a bankrupt, the petitioning creditor shall recover, and be paid out of the estate, the same costs that are allowed to a party recovering in a suit in equity; and if the petition is dismissed, the debtor shall recover like costs against the petitioner.

XXXV.

Compensation of Clerks, Referees and Trustees.'

1. The fees allowed by the act to clerks shall be in full compensation for all services performed by them in regard to filing petitions or other papers required by the act to be filed with them, or in certifying or delivering papers or copies. of records to referees or other officers, or in receiving or paying out money; but shall not include copies furnished to other persons, or expenses necessarily incurred in publishing or mailing notices or other papers.'

2. The compensation of referees, prescribed by the act, shall be in full compensation for all services performed by them under the act, or under these general orders; but shall not include expenses necessarily incurred by them in publishing or mailing notices, in traveling, or in perpetuating testimony, or other expenses necessarily incurred in the performance of their duties under the act and allowed by special order of the judge.3

3. The compensation allowed to trustees by the act shall be in full compensation for the services performed by them; but shall not include expenses necessarily incurred in the performance of their duties and allowed upon the settlement of their accounts.*

4. In any case in which the fees of the clerk, referee and trustee are not required by the act to be paid by a debtor before filing his petition to be adjudged a bankrupt, the judge, at any time during the pendency of the proceedings in bankruptcy, may order those fees to be paid out of the estate; or

costs against creditor on seizing debtor's property, when petition is dismissed, 83e; as to attorney fee taxable as part of costs of administration, 864b(3).

This rule is evidently intended to govern the allowance of costs in ordinary involuntary proceedings The allowance of counsel fees in addition to costs can only be allowed by express statutory provisions, and are not warranted by this rule (In re Ghiglione [D. C.], 1 N. B News, 351; s. c. 93 Fed. Rep. 186).

1This rule is new. As to the right of officers to demand indemnity, see Rule X. As to the compensation of clerks, see 852a. Also 851a(2) as to the clerk's duty to collect official fees.

As to the compensation of referees, see 40.

As to the compensation of trustees, see 248.

may, after notice to the bankrupt, and satisfactory proof that he then has or can obtain the money with which to pay those fees, order him to pay them within a time specified, and, if he fails to do so, may order his petition to be dismissed.'

XXXVI.

Appeals.'

1. Appeals from a court of bankruptcy to a circuit court of appeals, or to the supreme court of a Territory, shall be allowed by a judge of the court appealed from or of the court appealed to, and shall be regulated, except as otherwise provided in the act, by the rules governing appeals in equity in the courts of the United States.

2. Appeals under the act to the Supreme Court of the United States from a circuit court of appeals, or from the supreme court of a Territory, or from the supreme court of the District of Columbia, or from any court of bankruptcy whatever, shall be taken within thirty days after the judgment or decree, and shall be allowed by a judge of the court appealed from, or by a justice of the Supreme Court of the United States.

3. In every case in which either party is entitled by the act to take an appeal to the Supreme Court of the United States, the court from which the appeal lies shall, at or before the time of entering its judgment or decree, make and file a finding of the

1 By the provisions of 851a(2), a voluntary bankrupt is excused from paying the filing fees when his petition is accompanied by an affidavit stating that he is without and cannot obtain the money with which to pay such fees. That provision cannot be rendered null by a rule of the Supreme court, as is attempted by the present paragraph. The Supreme court has no power to prescribe a rule in conflict with statutory provisions, and when such a rule is promulgated, it has no force in so far as it conflicts, and must give way to the statutory provision. Following that principle of statutory construction, it has been held in construing the present paragraph, that a voluntary bankrupt, where the petition is accompanied by the prescribed affidavit, cannot subsequently be required to pay such filing fees out of exempt property or money earned after filing the petition. Neither is he required to borrow money for that purpose, nor will he be guilty of a false oath in making an affidavit that he cannot obtain the requisite sum, although it appears that friends would have advanced him the amount if requested (Sellers v. Bell [C. C. A ], 94 Fed. Rep 801).

840 and this rule recognize no other compensation to the referee where there are no assets than the preliminary fee deposited with the clerk (In re Langslow et al. [D C], 98 Fed. Rep. 869). A temporary receiver is entitled to such compensation as the court deems proper (In re Scott et al. [D. C ], 99 ted. Rep. 404). 2This rule is new, though it has some analogous features in Rule XXVI, 1867. As to the jurisdiction of appellate courts, see 824; and as to appeals and writs of error, 825.

facts, and its conclusions of law thereon, stated separately; and the record transmitted to the Supreme Court of the United States on such an appeal shall consist only of the pleadings, the judgment or decree, the finding of facts, and the conclusions of law.

XXXVII.

General Provisions.'

In proceedings in equity, instituted for the purpose of carrying into effect the provisions of the act, or for enforcing the rights and remedies given by it, the rules of equity practice established by the Supreme Court of the United States shall be followed as nearly as may be. In proceedings at law instituted for the same purpose, the practice and procedure in cases at law shall be followed as nearly as may be. But the judge may, by special order in any case, vary the time allowed for return of process, for appearance and pleading, and for taking testimony and publication, and may otherwise modify the rules for the preparation of any particular case so as to facilitate a speedy hearing.

XXXVIII.

Forms.

The several forms annexed to these general orders shall be observed and used, with such alterations as may be necessary to suit the circumstances of any particular case.

'For analogous provisions, see Rule XXXII, 1867.

[N. B.-Oaths required by the act, except upon hearings in court, may be administered by referees and by officers authorized to administer oaths in proceedings before the courts of the United States, or under the laws of the State where the same are to be taken. Bankrupt Act of 1898, c. 4, §20.] [FORM NO. 1.]

To the Honorable

Debtor's Petition.'

Judge of the District Court of the United States

The petition of

-, and district and State of respectfully represents:

at

in the county of [state occupation],

That he has had his principal place of business [or has resided, or has had his domicile] for the greater portion of six months next immediately preceding the filing of this petition within said judicial district;' that he owes debts which he is unable to pay in full; that he is willing to surrender all his property for the benefit of his creditors except such as is exempt by law, and desires to obtain the benefit of the acts of Congress relating to bankruptcy.

That the schedule hereto annexed, marked A, and verified. by your petitioner's oath, contains a full and true statement of all his debts, and (so far as it is possible to ascertain) the names and places of residence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts:

That the schedule hereto annexed, marked B, and verified by your petitioner's oath, contains an accurate inventory of all his property, both real and personal, and such further statements concerning said property as are required by the provisions of said acts:3

Wherefore your petitioner prays that he may be adjudged by the court to be a bankrupt within the purview of said

acts.

Attorney.

As to who may become bankrupts, see 24; as to who may file and dismiss petitions, 259; as to the Frame of Petitions, Rule V; as to making the adjudica tion or dismissing the petition, 18g, and as to petitions filed against the same individual in different districts, Rule VI.

2As to the residence or domicile of petitioner within the district, see §2(1). As to the bankrupt's duty to file schedules, see 87(8).