lusive one to confer on a court of the United States jurisdiction of a case of which it would not otherwise have cognizance. It must also set forth with particularity the efforts of the plaintiff to secure such action as he desires on the part of managing directors or trustees, and, if necessary, of the shareholders, and the causes of his failure to obtain such action.

See also the following sections of the act of June 1, 1872: Sec. 7. That whenever notice is given of a motion for an injunction out of a Circuit or district court of the United States, the court or judge thereof may, if there appear to be danger of irreparable injury from delay, grant an order restraining the act sought to be enjoined until the decision upon the motion. Such order may be granted with or without security, in the discretion of the court or judge: Provided, That no justice of the Supreme Court shall hear or allow any application for an injunction or restraining order except within the circuit to which he is allotted, and in causes pending in the circuit to which he is allotted, or in such causes at such place outside of the circuit as the parties may in writing stipulate, except in causes where such application cannot be heard by the circuit judge of the circuit, or the district judge of the district.

Sec. 13. That when in any suit in equity, commenced in any court in the United States, to enforce any legal or equitable lien or claim against real or personal property within the district where such suit is brought, one or more of the defendants therein shall not be an inhabitant of or found within the said district, or shall not voluntarily appear thereto, it shall be lawful for the court to make an order directing such absent defendant to appear, plead, answer, or demur to the complainant's bill at a certain day therein to be designated, which order shall be served on such absent defendant, if practicable wherever found; or where such personal service is not practicable, such order shall be published in such a manner as the court shall direct; and in case such absent defendant shall not appear, plead, answer or demur within the time so limited, or within some further time to be allowed by the court, in its discretion, and upon proof of the service or publication of said order, and of the performance of the directions contained in the same, it shall be lawful for the court to entertain jurisdiction, and proceed to the hearing and adjudication of such suit in the same manner as if such absent defendant had been served with process within the said district; but such adjudication shall, as regards such absent defendant without appearance, affect his property within such district only.

INDEX.

The references are to pages, (R) and (F) indicating Rules and Forms in bankruptcy.

A

Abbreviations, not to be used in petition or schedules, 152(R.5).

Absence, or disability of referee, 81.

Abuse, of discretion, when present, 66.

Account, mutual, may be set-off 135.

of firm and individual property, 31.
marshal, 158(R. 19).

referee's expenses, 162(R. 26).
trustee, final, when to be filed, 87.

notice of hearing on, 103, 104.

to be open to inspection, 89.
what to show, 87.

open, debt founded on is provable, 119.

running, when payment on not a preference, 100.
what insolvent may balance with creditors, III.
Acknowledgement, of assignment of claim, 160(R 21).
letter of attorney, 160(R.21).

Acts of Bankruptcy. (See BANKRUPTCY.)

Actions, rights of, what vest in trustee, 143.

what included in "suit," 42.

Address, of clerks of bankruptcy courts, 253-256.
Adjudication, irregular, when not vacated, 27, 56, 105.
is conclusive as to strangers, 57
constructive notice of title, 139.

leases determined by, 122.

liens dissolved by, 128-131, 134.

not impaired by, 130-132, 140.

meaning of term, 9. 12.

petition for, to be in duplicate, 107.

property which vests in trustee on, 139-146.

when to be made, 57, 77.

judge to make, 57, 58.

referee may make, 76.
cannot make. 58.

Adjournment, of creditors meeting, when should be taken, 95.
Administration, of estates, exper ses cf. 117, 123

trustees' statement of, 87.

oaths required by act, 59.

partnership property, 32.

Affidavit, as to filing fees, 71, 91.

not to be taken before attorney of record, 59.

Affinity, degree of, how determined, 74.

Affirmation, in lieu of oath, 59, 60.

Agent, in what definitions word included, 11, 13.

intent of, in transfer or payment, that of principal, 22.

knowledge of, principal charged with, 113, 114.

Alien, proof of claim by, 122.

Alimony, as a provable debt, 119, 120.

failure to pay, State court cannot imprison for, 39.
Allegation, in petition, uncertain, how treated, 56.
as to number of creditors, 105.

Amendment, of bill in equity, 263.

petition in bankruptcy, 104, 152(R.6), 155(R.11).
proof of claim, 120.

schedules, 36, 77. 155(R.11).

Answer, evasive, by bankrupt while being examined, 37.
plea may embody, with demurrer, 56.
sufficiency of, 56.

to bill in equity, 266, 271, 272.

involuntary petition, creditors may file, 108.
voluntary petition, creditors cannot file, 57.
when list of creditors to be filed with, 107, 108.
Appeals, in bankruptcy proceedings, 66-69, 168, 169(R.36).
Appearance, in equity suits, 260.

to oppose discharge or composition, 166(R. 32).
when stranger cannot withdraw, 17.

Appraisal, of bankrupt's property, 144.

exemption, 33.

Appraisers, appointment of, 77, 144.

Arbitration, of controversies, 69, 166(R. 33).
Arbitrators, how chosen, 69.

finding of, has effect of verdict, 69.

Arrest. (See BANKRUPT.)

petition in bankruptcy does not release from, 38.
right of action for, does not vest in trustee, 143.
Assets, concealment of, when referred for proofs, 51.
of bankrupt, collection of, 15, 17

court may order surrendered to trustee, 18.

omission of from schedule, 70.

partnership and individual, marshaling, 31, 32.
refusal to deliver to trustee is contempt, 80.

shrinkage of, when concealment presumed from, 70.

discharge refused for, 46.

trustee takes subject to all liens, 129

what reckoned in determining insolvency, 12.
when receiver cannot bring suit to recover, 143.
surplus accruing under will is, 63.

Assignee, cannot prove claim if assignor could not, 120.
Assignment, creditors participating in, effect of, 29, 106, 107.
corporations application for receiver is not, 23.

for benefit of creditors, 22, 23

of claim, for wages, how priority affected by, 125.
proof of, 160(R.21)

within four months of bankruptcy, what void, 132.

State laws relating to, effect of bankruptcy law on, 10, 146.

Assault and Battery, rights of action for, 143.

Attachment, against debtor failing to file schedules, 154(R.9).
fictitious, is a corcealment of property, 20.
what bankruptcy vitiates, 133.

Attorney, bankruptcy proceedings may be conducted by, 151(R.4).

claim may be sworn to before, 99.

fee of, referee may determine, 77.

lien for on creditor's share, 122, 125.

to have priority, 123, 124.

what allowed, 124.

following advice of, rebuts fraudulent intent, 70.
for creditor or bankrupt, may be trustee, 83.
included in definition of creditor, II.

knowledge of, what principal charged with, 114.
letter of, acknowledgement of, 160(R 21).
lien of, not impaired by adjudication, 132, 140.
name of, to be entered on docket, 151(R.4).
of record, affidavits before, 59

participation of, at creditors' meetings, 82, 96.
property transferred to for services, 116.
referees shall not practice as, 78.

services of for trustee, 117, 118.

what notices and orders served on, 151(R.4).
when pleadings may be verified before, 57-

Attorney-General, duties of as to bankruptcy statistics, 93.
Averment, in petition, of solvency and insolvency, 23, 106.

B

Bail, bankrupt may give to await examination, 40.

effect of bankruptcy on, 38.

Banker, what claim may be set-off by, 136.

Bankrupt, arrest of, exemption from, 38, 39, 155(R.12).
improperly, discharge from, 38.

right to, not lost by proving claim, 120.

burden of proving solvency is on, 25, 26.

composition, when may be offered by, 43.

contempt of, for refusal to deliver assets, 80.

death or insanity of, not to abate proceedings, 37.
discharge of, co-debtor not affected by, 51.
from arrest, 38, 39.

duties of, 35.

debts, 18, 49, 52.

estate of, what term means, 16.

jurisdiction of court over, 17.

examination of, 26, 36, 37, 39, 40, 95. 103, 108.

exemption of, 32-34, 88.

false oath by, 59, 60, 70, 71.

extradition of, 18, 40.

must be made party to enforce joint obligation, 52.

petition against, who may file, 104-106.

right to plead to, 56.

property of, concealing, 39, 51.

not claimed by trustee, belongs to, 142.

sale by after adjudication, conveys no title, 61.
referee may order surrendered, 76.

seizure of before adjudication, 26, 138.
transferred, trustee may avoid, 145.

what reckoned in determining insolvency, 12.

punishment of, for violating act, 16, 70, 71.

"contemplation of," meaning of term, 49, 50.
courts of, creation and jurisdiction of, 14.

jurisdiction of, to punish violation of act, 16.
enforce act, 18.

as to exemptions, 33, 34.

may appoint trustees, when, 18, 19.

require assets surrendered to trustee, 18.
power of, not restricted by enumeration, 19.
sessions of, 18.

what included in definition, 11.

date or time of, defined, II

law, Congress authorized to enact, 9, 32.

how State laws affected by, 10, 146, 147.

statute, time when it takes effect, 146.

Belief, information and, petition can be based on, 105.
Beneficiary, under trust, when general creditor, 141.

will, when surplus accruing to is assets, 63.

required on application to seize bankrupt's property, 26, 138.
trustee cannot demand before setting apart exemption, 34.

Books, containing referee's records, how preserved, 81.

concealment or destruction of, bars discharge, 48, 49.

duty of bankrupt to produce on examination, 26
failure to keep, effect of on discharge, 46, 48-50.
keeping of, what sufficient, 50.

separate, for each case, 81.

Burden, of proof on issue of number of creditors, 108.

opposing discharge, on creditors, 50.

re-examination of claim, 119.