The Federal Reporter; With Key-Number Annotations ... Volume 137 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...Rep. 74, 100 Fed. 430; In re Towne, supra. It is unnecessary to pureue the refinements of this subject. It is necessary to admit that the arguments advanced in support of the issue appeal very strongly to the sense of Justice. The issue itself presents a radical problem, turning upon the effect attributable to the final sentence of general order 21 (1). The bankruptcy act, section 30, 80 Stat. 554 U. S. Comp. St. 1901, p. 3434 provides: "All necessary rules, forms and orders as to procedure and for carrying this act into force and effect shall be prescribed, and may be amended from time to time, by the Supreme Court of the United States." Pursuant thereto that court prescribed general order 21 (1), which, by its final sentence, provides: "Proofs of debt received by any trustee shall be delivered to the referee to whom the case is referred." The act, section 47, 30 Stat. 557 U. S. Comp. St 1901. p. 3438, prescribes, and general order 17 (89 Fed. viil, 32 C. C. A. xix) relates to, duties of trustees, but no such duty is among them. The subject of proofs of claim is covered by section 57. The act of 1867, 5 10, 14 Stat. 521, c. 176, provided "that the Justices of the Supreme Court, subject to the provisions of this act, shall frame general orders for the following purposes: For regulating the duties of the several officers of said courts." Section 22, 14 Stat. 527, provided: "If the proof is satisfactory to the register (referee), it shall be delivered or sent by mail to the assignee (trustee), who shall examine the same and compare it with the books and accounts of the bankrupt, and shall register, in a book to be kept by him for that purpose, the names of the creditors who have proved their claims, which books shall be open to the...