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As the application by a bankrupt for leave to amend can not be opposed, no issue of fact or law within this section can be raised or contested in regard to it. In re Watts, 2 B. R. 447; s. c. 3 Ben. 166; s. c. 2 L. T. B. 74. An objection to an application for the examination of the bankrupt raises an issue of law which should be adjourned. In re Patterson, 1 B. R. 100; s. c. 1 Ben. 448.

An issue of fact or of law raised upon testimony taken in opposition to the proof of a debt, must be adjourned into court. In re Clark & Binninger, 6 B. R. 202.

A party who seeks to review the act of a register must do so in a respectful manner, and if he makes a wanton attack upon his character, he is liable to be punished for contempt. In re Breck & Schermerhorn, 13 B. R. 216.

ACTS OF 1867 and 1874, § 5010. Any party shall, during the proceedings before a register, be at liberty to take the opinion of the district judge upon any point or matter arising in the course of such proceedings, or upon the result of such proceedings, which shall be stated by the register in the shape of a short certificate to the judge, who shall sign the same if he approve thereof; and such certificate so signed, shall be binding on all the parties to the proceeding; but every such certificate may be discharged or varied by the judge at. chambers or in open court.

Statute revised March 2, 1867, ch. 176, § 6, 14 Stat. 520.

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It is only a party to the proceedings who can take the opinion of the dis trict judge on a certificate of the register. The word party means the bankrupt or a creditor. It does not mean a witness who is not the bankrupt or a creditor. In re Fredenburg, 1 B. R. 268; s. c. 2 Ben. 133; in re Comstock & Co., 13 B. R. 193; s. c. 3 Saw. 517.

The act only contemplates the certifying of questions which actually arise. The questions which can be certified are: 1. Any issue of fact or of law raised and contested by any party to the proceedings; but it must be an issue actually raised and existing, and one which has arisen out of the proceedings which have taken place, and not an issue likely to arise or which may be raised thereafter. 2. Any point or matter arising in the course of the proceedings, or upon the result of the proceedings; but it must be a point or matter which has arisen in the course of the proceedings which have taken place, or a point or matter which has arisen upon and after the result of the proceedings which have taken place, and not a point or matter likely to arise or which may be raised thereafter, or after a result shall have been arrived at. 3. Any question stated by consent of the parties concerned in a special case; but it must be a question to which there are two parties, and one which has arisen out of the proceedings which have taken place. Nothing is to be certified or decided except what is necessary to be decided to enable the case to progress properly. Questions which thus necessarily arise are to be decided as and when they thus

arise, and are not to be anticipated. In re J. Pulver, 1 B. R. 46; s. c. 1 Ben. 381; in re J. W. Wright, 1 B. R. 393; in re Sturgeon, 1 B. R. 498; in re Bray, 2 B. R. 139; in re Levy et al., 1 B. R. 136; s. c. 1 Ben. 496.

Objections to questions and answers in the course of an examination, when put in proper form, may be certified. In re Levy et al., 1 B. R. 136; s. c. 1 Ben. 496.

Where the register desires to receive instructions as to his official duty, or in regard to matters pending before him, there is no objection to his adopting a course analagous to that prescribed by this section. In re Sherwood, 1 B. R. 344; s. c. 6 Phila. 461.

If a register improperly refuse an application for leave to amend, the bankrupt can, under this section, take the opinion of the judge on the question, by means of a certificate from the register. In re Watts, 2 B. R. 447; s. c. 3 Ben. 166; s. c. 2 L. T. B. 74.

No opinion will be given on a question improperly certified. In re Sturgeon, 1 B. R. 498; in re J. W. Wright, 1 B. R. 393; in re Bray, 2 B. R. 139.

It has been decided that the following questions can not be certified under this section.

No question concerning the right of a bankrupt to his discharge. In re Mawson, 1 B. R. 265; s. c. 2 Ben. 122.

No question concerning the effect of a discharge to release a particular debt. In re Bray, 2 B. R. 139.

No question as to the disposition that an assignee shall make of certain property before his application for a settlement of his final accounts. In re Sturgeon, 1 B. R. 498.

No question concerning the title to property not arising in a proceeding concerning such property, or in which the assignee is a party. In re J. W. Wright, 1 B. R. 393.

No question concerning the duty of a creditor, claiming security, who has proved his claim as unsecured, not arising on a motion or proceeding before the register. In re Peck, 3 B. R. 757.

No question as to whether it is necessary for a secured creditor to prove his claim before making application to have the security sold; the secured debt not having been proved. In re Stephen V. Haskell, 4 B. R. 558.

ACT OF 1867, § 5011. In any proceedings within the jurisdiction. of the court, under this Title, the parties concerned, or submitting to such jurisdiction, may, at any stage of the proceedings, by consent, state any questions in a special case for the opinion of the court, and the judgment of the court shall be final unless it is agreed and stated in the special case that either party may appeal, if, in such case, an appeal is allowed by this Title. The parties may also, if they think fit, agree, that upon the questions raised by such special case being finally decided, a sum of money, fixed by the parties, or to be ascertained by the court, or in such manner as the court may direct, or any property, or the amount of any disputed debt or claim,

shall be paid, delivered, or transferred by one of such parties to the other of them, either with or without costs.

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Statute revised March 2, 1867, ch. 176, § 6, 14 Stat. 520.

Questions agreed upon and stated do not of themselves make a special case within the meaning of this section. This is not the proviso of the section. It is not that parties may make a special case, but it is that they may "state any question or questions in a special case." There must, of course, be, first, parties; and second, a case in which questions can arise and be stated. Questions are to be decided only when they necessarily arise, and are not to be anticipated. In re Stephen V. Haskell, 4 B. R. 558.

ACT OF 1867, § 5012. If any judge, register, clerk, marshal, messenger, assignee, or any other officer of the several courts of bankruptcy shall, for anything done or pretended to be done under this Title, or under color of doing anything thereunder, willfully demand or take, or appoint or allow any person whatever to take for him or on his account, or for or on account of any other person, or in trust for him or for any other person, any fee, emolument, gratuity, sum of money, or anything of value whatever, other than is allowed by law, such person shall forfeit and pay a sum not less than three hundred dollars and not more than five hundred dollars, and be imprisoned not exceeding three years.

Statute revised

March 2, 1867, ch. 176, § 45, 14 Stat. 539.

ACT OF 1898, CH. 1, § 1. Meaning of Words and Phrases.(a) The words and phrases used in this Act and in proceedings pursuant hereto shall, unless the same be inconsistent with the context, be construed as follows: (1) "A person against whom a petition has been filed" shall include a person who has filed a voluntary petition; (6) "corporations" shall mean all bodies having any of the powers and privileges of private corporations not possessed by individuals or partnerships, and shall include limited or other partnership associations organized under laws making the capital subscribed alone responsible for the debts of the association; (9) "creditor" shall include anyone who owns a demand or claim provable in bankruptcy, and may include his duly authorized agent, attorney, or proxy; (14) "holiday" shall include Christmas, the Fourth of July, the Twentysecond of February, and any day appointed by the President of the United States or the Congress of the United States as a holiday or as a day of public fasting or thanksgiving; (17) "oath" shall include affirmation; (18) "officer" shall include clerk, marshal, receiver, referee, and trustee, and the imposing of a duty upon or the forbidding of an act by any officer shall include his successor and any

person authorized by law to perform the duties of such officer; (19) "persons" shall include corporations, except where otherwise specified, and officers, partnerships, and women, and when used with reference to the commission of acts which are herein forbidden shall include persons who are participants in the forbidden acts, and the agents, officers, and members of the board of directors or trustees, or other similar controlling bodies of corporations; (28) words importing the masculine gender may be applied to and include corporations, partnerships, and women; (29) words importing the plural number may be applied to and mean only a single person or thing; (30) words importing the singular number may be applied to and mean several persons or things.

ACT OF 1867, § 5013. In this Title the word "assignee," and the word "creditor," shall include the plural also; and the word "messenger" shall include his assistant or assistants, except in the provision for the fees of that officer. The word "marshal" shall include the marshal's deputies; the word "person" (a) shall also include "corporation; " and the word "oath" shall include "affirmation." And in all cases in which any particular number of days is prescribed by this Title, or shall be mentioned in any rule or order of court or general order which shall at any time be made under this Title, for the doing of any act, or for any other purpose, the same shall be reckoned, in the absence of any expression to the contrary, exclusive of the first and inclusive of the last day, unless the last day shall fall on a Sunday, (b) Christmas day, or on any day appointed by the President of the United States as a day of public fast or thanksgiving, or on the Fourth of July, in which case the time shall be reckoned exclusive of that day also.

Statute revised - March 2, 1867, ch. 176, § 48, 14 Stat. 540.

(a) This section is not to be construed as applying the word person to include any other corporations as subject to the provisions of the act than those described in section 5122. Adams V. Railroad Co., 4 B. R. 314; s. c. 6 A. L. Rev. 365; s. c. 1 Holmes, 30; Sweatt v. Boston R. R. Co., 5 B. R. 234; s. c. 1 L. T. B. 273; in re Ala. & Chat. R. R. Co., 6 B. R. 107; s. c. 9 Blatch. 391; s. c. 5 L. T. B. 76.

(b) Unless Sundays are especially excepted in the statute, they are to be counted. The fair and unavoidable inference from this clause is, that when Sunday is not the last day, it is not to be excluded. In re York & Hoover, 4 B. R. 479; s. c. 1 Abb. C. C. 503; s. c. 1 L. T. B. 290.

Adjudication of bankruptcy made November 26, 1867. Application filed November 27, 1868. Held to be in time, as being within the equity and fair construction of section 5013. In re Lang, 2 B. R. 480.

TITLE VII.

VOLUNTARY BANKRUPTCY.

ACT OF 1898, CH. 1, § 1. Bankrupt, Definition of. (4) "Bankrupt" shall include a person against whom an involuntary petition or an application to set a composition aside or to revoke a discharge has been filed, or who has filed a voluntary petition, or who has been adjudged a bankrupt.

CH. 3, § 4. Who May Become Bankrupts. (a) Any person who owes debts, except a corporation, shall be entitled to the benefits of this Act as a voluntary bankrupt.

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CH. 4, § 18. * Judge or Referee May Hear the Petition. Upon the filing of a voluntary petition the judge shall hear the petition and make the adjudication or dismiss the petition. If the judge is absent from the district, or the division of the district in which the petition is filed at the time of the filing, the clerk shall forthwith refer the case to the referee.

CH. 1, § 1.

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Petition. (20) "Petition" shall mean a paper filed in a court of bankruptcy or with a clerk or deputy clerk by a debtor praying for the benefits of this Act, or by creditors alleging the commission of an act of bankruptcy by a debtor therein named.

Document. (13) " Document" shall include any book, deed or instrument in writing.

59. Who May File and Dismiss Petitions.-(a) Any qualified person may file a petition to be adjudged a voluntary bankrupt. (b) Three or more creditors who have provable claims against any person which amount in the aggregate, in excess of the value of securities held by them, if any, to five hundred dollars or over; or if all of the creditors of such person are less than twelve in number, then one of such creditors whose claim equals such amount may file a petition to have him adjudged a bankrupt.

(c) Petitions shall be filed in duplicate, one copy for the clerk and one for service on the bankrupt.

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