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may be referred to them, or, if the offices of such referees are not in the same cities or towns as the offices of such clerks, transmit such papers by mail, and in like manner return papers which were received from such referees after they have been used;' (4) and within ten days after each case has been closed pay to the referee, if the case was referred, the fee collected for him, and to the trustee the fee collected for him at the time of filing the petition."

SEC. 52. Compensation of Clerks and Marshals.3— a Clerks shall respectively receive as full compensation for their service to each estate, a filing fee of ten dollars, except when a fee is not required from a voluntary bankrupt.4

b Marshals shall respectively receive from the estate when an adjudication in bankruptcy is made, except as herein otherwise provided, for the performance of their service in proceedings in bankruptcy, the same fees, and account for them in the same way, as they are entitled to receive for the performance of the same or similar services in other cases in accordance with laws now in force, or such as may be hereafter enacted, fixing the compensation of marshals. 5

1 See Rule XII(1) as to the delivery of papers in cases referred to the referee. 2A case is not concluded until the records in the case have been transmitted to the clerk by the referee (839@[7]).

For analogous provisions, see R. S. 85124, 5125, 5127, 5127A, 5127B; Act of 1800, 8846, 47; Act of 1841, 13; Act of 1867, 885, 47; Act of July 27th, 1868, Ch. 258, 82.

This fee does not include copies of papers furnished to persons other than officers of the court (Rule XXXV[1]), nor when there are assets does the clerk necessarily lose the fee which the bankrupt may be excused from paying, as the court may order it paid out of the estate (Rule XXXV[4]). Only one filing fee is to be paid in cases where a copartnership is the bankrupt and separate discharges are granted to the individuals thereof, there being in that but one proceeding in bankruptcy (In re Langslow et al. [D. C.], 98 Fed. Rep. 869; in re Gay el al. [D. C.], 98 Fed. Rep. 870). It is different, however, where, in addition to the firm petition, the individuals file separate ones (In re Barden [D. C.], 101 Fed. Rep. 553).

For analogous provisions, see R. S. 885124, 5125, 5127, 5127A, 5127B; Act of 1800, 46, 47; Act of 1841, 13; Act of 1867, 885, 47; Act of July 27th, 1868, Ch. 258, 82. See also Rule X as to his authority to require indemnity for expenses, and R. S. 829 as to fees allowed marshals for their various services. The fees

SEC. 53. Duties of Attorney-General.—a The Attorney-General shall annually lay before Congress statistical tables showing for the whole country, and by States, the number of cases during the year of voluntary and involuntary bankruptcy; the amount of the property of the estates; the dividends paid and the expenses of administering such estates, and such other like information as he may deem important.'

SEC. 54. Statistics of Bankruptcy Proceedings.-a Officers shall furnish in writing and transmit by mail such information as is within their knowledge, and as may be shown by the records and papers in their possession, to the Attorney-General, for statistical purposes, within ten days after being requested by him to do so."

must be paid in advance if the marshal demands them (Ray v. Knowlton, 11 Biss. C. C. 360; Duy v. Knowlton, 14 Fed. Rep. 107). When the marshal is ordered to take possession of the bankrupt's property and hold the same until a trustee is appointed, he will be allowed out of the estate a reasonable compensation for his services in addition to the costs and expenses incurred (In re Adams Sortorial Art Co. [D. C.], 101 Fed. Rep. 215).

1No former Act had provisions analogous to this section. "No former Act had provisions analogous to this section.

CHAPTER VI.

CREDITORS.

SEC. 55. Meetings of Creditors.'-aThe court shall cause the first meeting of the creditors of a bankrupt to be held not less than ten nor more than thirty days after the adjudication, at the county seat of the county in which the bankrupt has had his principal place of business, resided or had his domicile; or if that place would be manifestly inconvenient as a place of meeting for the parties. in interest, or if the bankrupt is one who does not do business, reside, or have his domicile within the United States, the court shall fix a place for the meeting which is the most convenient for parties in interest. If such meeting should by any mischance not be held within such time, the court shall fix the date, as soon as may be thereafter, when it shall be held."

1 For analogous provisions, see R. S. 285019, 5032, 5033, 5092, 5093, 5094; Act of 1800, 86, 29, 30; Act of 1841, 87; Act of 1867, 11, 12, 17, 26, 28.

2As to the notice of meetings required to be given creditors, see 58 and Rule XXI(2). The notice to creditors of the first meeting will be considered regular when prepared before the bankrupt's list of creditors is filed, if such list is not filed within the statutory time (In re Schiller [D. C.], 96 Fed. Rep. 400). The principal purpose of the first meeting is to elect a trustee, which should be done even though no claims are proven (In re Cogswell, 1 Ben. 388; s. c. 1 B. R. 62; in re Annon, 1 B. R. 123. See also 844 as to the appointment of trustees). The language of 844 seems to require the creditors to appoint a trustee whether there be assets or not, the object under such circumstances being to search for assets (In re Graves, 5 Law Rep. 25; s. c. I N. Y. Leg. Obs. 213). It is not necessary that any particular number of creditors should be present in order to act. A single creditor whose claim has been allowed, will constitute a quorum, and he alone may vote and elect the trustee (In re Haynes, 2 B. R. 227). But if the schedule discloses no assets, and no creditor appears at the first meeting, then and only then may the court, on reciting such facts, order that no trustee be appointed (Rule XV). This order is founded on the conclusion that the bankrupt has, in fact, no property, and that the creditors, so believing, feel no interest in the proceedings. If, however, such an order be made, and the referee or any of the creditors thereafter discover assets, a trustee may then be appointed (Rule XV; in re Smith [D. C.], 93 Fed. Rep. 791). The referee has no right to in any manner influence the choice of a trustee, and if he does so, the case may, for that reason, be transferred to another referee (In re J. O. Smith, 1 B. R. 243).

b At the first meeting of creditors the judge or referee shall preside, and, before proceeding with the other business, may allow or disallow the claims of creditors there presented, and may publicly examine the bankrupt or cause him to be examined at the instance of any creditor.'

c The creditors shall at each meeting take such steps as may be pertinent and necessary for the promotion of the best interests of the estate and the enforcement of this act.

d A meeting of creditors, subsequent to the first one, may be held at any time and place when all the creditors who have secured the allowance of their claims sign a written consent to hold a meeting at such time and place.

e The court shall call a meeting of creditors whenever one-fourth or more in number of those who have proven their claims shall file a written request to that effect; if such request is signed by a majority of such creditors, which number represents a majority in amount of such claims, and contains a request for such meeting to be held at a designated place, the court shall call such meeting at such place within thirty days after the date of the filing of the request.

ƒ Whenever the affairs of the estate are ready to be closed a final meeting of creditors shall be ordered.*

1At the first meeting any creditor whose debt is provable can examine the bankrupt, though he has not made formal proof of his claim (In re Walker [D. C.], 96 Fed. Rep. 550). See also as to examination of the bankrupt 27(9), and as to any person including the bankrupt, ¿21a together with notes to these sections. When the allowance of a claim is opposed, the referee should decide the question involved before the election of a trustee, that the creditor, if his claim be allowed, may vote, and an adjournment from day to day should be taken for this purpose, such adjournments being regarded as the "first meeting" (In re Phelps, Cadwell & Co., 1 B. R. 525). Under the former act, it was held not necessary to postpone the election of the trustee until opposed claims were decided (In re Northern Iron Co., 14 B. R. 356; in re Jackson, 14 B. R. 449; in re Lake Superior S. C. R. R., 7 B. R. 376), but that was under a statute which expressly provided that the proof of a disputed claim might be postponed until the assignee was chosen (Act of 1867, 13), while the present Act contemplates a speedy disposition of such objections (857).

2It is the duty of the trustee at this meeting to lay before the creditors detailed statements of the administration of the estate (847@[7]).

SEC. 56. Voters at Meetings of Creditors.—a Creditors shall pass upon matters submitted to them at their meetings by a majority vote in number and amount of claims of all creditors whose claims have been allowed and are present, except as herein otherwise provided."

b Creditors holding claims which are secured or have priority shall not, in respect to such claims, be entitled to vote at creditors' meetings, nor shall such claims be counted in computing either the number of creditors or the amount of their claims, unless the amounts of such claims exceed the values of such securities or priorities, and then only for such excess.3

For analogous provisions, see R. S. 85034, 5035; Act of 1867, 13, 18 See also 44 and notes, as to the appointment of trustees by the creditors.

2 Any one who owns a demand or claim provable in bankruptcy is a creditor, and this word includes any duly authorized agent, attorney, or proxy (81[9]), either of whom may vote at creditors' meetings. The expenses of an attaching creditor is a provable claim when his lien is dissolved by an adjudication in bankruptcy, though not entitled to priority of payment (In re Allen [D. C.], 96 Fed. Rep 512). Under the former Act it was held that attorneys in fact, on filing a duly executed power of attorney with the court, could vote, but not attorneys at law (In re Purvis, 1 B. R. 163). This, however, was under a statute which did not include the agent, attorney, or proxy in the meaning of creditor as the present statute does. The only requirement of the present statute is that the agent, attorney or proxy be "duly authorized." When it is practical each of these should be authorized by a power of attorney "proved or acknowledged before a referee, or a United States commissioner, or a notary public" (Rule XXI[5]). This rule was formulated, evidently, without reference to proof of claims of foreign creditors. As to such creditors the necessary oath may be taken before any diplomatic or consular officer of the United States in any foreign country (20[3]; in re Sugenheimer [D. C.], 1 N. B. News, 59; s. c. 91 Fed. Rep. 744) When the circumstances are such that a power of attorney cannot be obtained in time, an attorney at law may undoubtedly act at the creditors' meetings in behalf of his client on such proof, if any, as would be required of him in a United States court of equity (See Rule XXXVII). It is only in exceptional cases that an attorney at law must make proof of his authority, for that is ordinarily presumed (Hamilton v. Wright. 37 N. Y. 502; Osborn v. Bank, 9 Wheat. [US]. 738; Hill v. Menderhall, 12 Wall. [U. S.], 453; Norberg v. Heminan, 59 Mich., 210). This presumption will continue until the attorney's authority is denied and the party so questioning it must show facts tending to prove a want of such authority before the attorney at law will be required to make proof of it (4 Duer 632, 17 Cal. 431, 22 Wis. 207). In voting, a copartnership or a corporation is considered as a single creditor, the former voting by either of its members (In re Purvis, 1 B. R. 163), and the latter by its proper officer or any duly authorized person (Ex p. Bank of England, 1 Swanst. 1o), though an officer of a bankrupt corporation may vote for the choice of a trustee of the corporation if he is the owner of an individual claim (In re Northern Iron Co., 14 B. R. 356).

3When a partnership and all its members are in bankruptcy, and a creditor holds security on both the property of the partnership and the individual property

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