II. Filing of papers, 1799. III. Process, 1799. IV. Conduct of proceedings, 1800. V. Frame of petitions, 1801. VI. Petitions in different districts, 1802. VII. Priority of petitions, 1804. VIII. Proceedings in partnership cases, 1805. XI. Amendments, 1809. XII. Duties of referee, 1810. XIII. Appointment and removal of trustees, 1814. XV. Trustee not appointed in certain cases, 1818. XVIII. Sale of property, 1822. XIX. Accounts of marshal, 1823. XX. Papers filed after reference, 1824. XXI. Proof of debts, 1824. XXII. Taking of testimony, 1830. XXIII. Orders of referee, 1833. XXIV. Transmission of proved claims to clerk, 1833. XXV. Special meeting of creditors, 1834. XXVI. Accounts of referee, 1834. XXVII. Review by judge, 1834. XXVIII. Redemption of property and compounding of claims, 1838. XXIX. Payment of moneys deposited, 1839. XXX. Imprisoned debtor, 1840. XXXI. Petition for discharge, 1842. XXXII. Opposition to discharge or composition, 1842. XXXIII. Arbitration, 1844. XXXIV. Costs in contested adjudications, 1844. XXXV. Compensation of clerks, referees, and trustees, 1846. XXXVI. Appeals, 1849. XXXVII. General provisions, 1851. XXXVIII. Forms, 1852. PREAMBLE In pursuance of the powers conferred by the Constitution and laws upon the Supreme Court of the United States, and particularly by the act of Congress approved July 1, 1898, entitled "An act to establish a uniform system of bankruptcy throughout the United States, it is ordered, on this 28th day of November, 1898, that the following rules be adopted and established as general orders in bankruptcy, to take effect on the first Monday, being the second day, of January, 1899. And it is further ordered that all proceedings in bankruptcy had before that day, in accordance with the act last aforesaid, and being in substantial conformity either with the provisions of these general orders or else with the general orders established by this court under the bankrupt act of 1867 and with any general rules or special orders of the courts in bankruptcy, stand good, subject, however, to such further regulation by rule or order of those courts as may be necessary or proper to carry into force and effect the bankrupt act of 1898 and the general orders of this court. Cross-references: To the law: $ 30. To the General Orders: XXXVII, XXXVIII. To the Equity Rules: (Vol. IV, post) LXXXIX, XC. (See also Revised Statutes, 88 913, 914.) Effect and construction of the general orders. The general orders of the Supreme Court and the rules of the districts courts in accordance therewith are as obligatory on officers of the court as the bankruptcy act itself. In re Cobb (D. C., N. C.), 7 Am. B. R. 202, 112 Fed. 655. These general orders have the same force as a provision of the statute. They are made under an express delegation of power, both constitutional and statutory. In re Hoyt & Mitchell (D. C., N. Car.), 11 Am. B. R. 784, 127 Fed. 968. Though controlling, so far as not inconsistent with the act, they must yield to the act and cannot operate to prevent or alter its operation. Matter of Ingalls Bros. (C. C. A., 2d Cir.), 13 Am. B. R. 512, 137 Fed. 517. The Supreme Court, when it made the general orders, intended to direct a much simpler mode of procedure. Matter of Daugherty (D. C., Ky.), 26 Am. B. R. 550, 553, 189 Fed. 239. The general orders are an amplification of the law with respect to procedure. Orcutt Co. v. Green, 17 Am. B. R. 72, 204 U. S. 96, revg. 13 Am. B. R. 512; West Co. v. Lea, 174 U. S. 590, 2 Am. B. R. 463. As has been stated in respect to the use and application of the general orders: "Seek the meaning and intent of the law first and follow that rather than the order or the form; and if the latter are not harmonious each with the other, seek the meaning and intent of the order and follow it rather than the form." In re Soper and Slada (Ref., N. Y.), 1 Am. B. R. 193, 196. The rules and forms so prescribed by the Supreme Court under and by virtue of the bankruptcy act have the force and effect of law. In re Gerber (C. C. A., 9th Cir.), 26 Am. B. R. 608, 617, 186 Fed. 693. As to the furnishing and delivering of subpœnas, see In re Hemstreet (D. C., Ia.), 8 Am. B. R. 760, 117 Fed. 568; Matter of the Abbey Press (C. C. A., 2d Cir.), 13 Am. B. R. 11, 134 Fed. 51. I. DOCKET The clerk shall keep a docket, in which the cases shall be entered and numbered in the order in which they are commenced. It shall contain a memorandum of the filing of the petition and of the action of the court thereon, of the reference of the case to the referee, and of the transmission by him to the clerk of his certified record of the proceedings, with the dates thereof, and a memorandum of all proceedings in the case except those duly entered on the referee's certified record aforesaid. The docket shall be arranged in a manner convenient for reference, and shall at all times be open to public inspection. [Latter part of General Order I, 1867, with changes specifying more fully the entries to be made in the docket.] Cross-references. To the law: As to commencement of proceedings, § 1(10); As to duties of the clerk, §§ 51, 71; As to duties of the referee, §§ 29-c, 30-a (7), 42; As to duties of the trustees, §§ 29-c, 49. To the General Orders: II, IV. To the Equity Rules: (Vol. IV, post.) I-VI, inclusive. II. FILING OF PAPERS The clerk or the referee shall indorse on each paper filed with him the day and hour of filing, and a brief statement of its character. [Part of General Order I, 1867, but not so full.] Cross-references: To the law: §§ 18-a, 59-a-b. To the Official Forms: filing stamps. None, both the clerk and the referee usually have Cases citing this order: Matter of Lacey & Company (Sup. Ct., D. C.), 35 Am. B. R. 231, 43 Wash. Law Rep. 434. III. PROCESS All process, summons and subpoenas shall issue out of the court, under the seal thereof, and be tested by the clerk; and blanks, with the signature of the clerk and seal of the court, may, upon application, be furnished to the referees. [General Order II, 1867, except the word "referees" is substituted herein for the word "registers."] Cross-references: To the law: As to process in involuntary proceedings, § 18-a (and also under §§ 4 and 5); As to process to witnesses, § 21-a. To the General Orders: To the Official Forms: To the Equity Rules: VIII. (Vol. III, post.) Nos. 5, 30. (Vol. IV, post.) VII to XVI, inclusive. To the Supplementary Forms: (Vol. III, post.) Nos. 264, 265, 269, 270. Illustrative cases: Matter of the Abbey Press (C. C. A.), 13 Am. B. R. 11, 134 Fed. 51; In re Norton (D. C., N. Y.), 17 Am. B. R. 504, 148 Fed. 301. See those cited under §§ 18 and 21 of this work. IV. CONDUCT OF PROCEEDINGS Proceedings in bankruptcy may be conducted by the bankrupt in person in his own behalf, or by a petitioning or opposing creditor; but a creditor will only be allowed to manage before the court his individual interest. Every party may appear and conduct the proceedings by attorney, who shall be an attorney or counselor authorized to practice in the circuit court or district court. The name of the attorney or counselor, with his place of business, shall be entered upon the docket, with the date of the entry. All papers or proceedings offered by an attorney to be filed shall be indorsed as above required, and orders granted on motion shall contain the name of the party or attorney making the motion. Notices and orders which are not, by the act or by these general orders, required to be served on the party personally may be served upon his attorney. [General Order III, 1867, without substantial change, except that the old rule required the entry of the attorney's place of residence as well as his place of business.] Cross-references: To the law: As to who may file voluntary petitions, §§ 4-a, 59-a; As to who may file involuntary petitions, § 59-b; As to partnership petitions, 5; As to petitions against corporations, § 4-b; As to where petitions must be filed, § 2(1); As to appearances, §§ 18-b, 59-f; As to answer and other pleas, §§ 18-d, 59; As to notices, § 58. To the Suplementary Forms: (Vol. III, post.) For those in involuntary cases, Nos. 69, 71, 73, 74-76, 80, 81, 83, 108, 109; for appearances Nos. 108, 109, 324, 357. See also, generally "Supplementary Forms,” Vol. III, post. To the Equity Rules: (Vol. IV, post.). IV, XVII, and, as to pleadings, generally. Power of bankrupt to represent himself.— This general order gives the bankrupt the right to represent himself, and being an attorney he may raise any question of law which could have been raised had he been represented by another. In re Shaffer (D. C., N. Car.), 4 Am. B. R. 728, 104 Fed. 982. Powers of attorneys. This order seems to give to the attorney of a bankrupt or creditor power to do any act in the bankruptcy matter which the bankrupt or creditor might do personally, and requires no other evidence of his authority than the fact of his admission to practice in the circuit or district court. |