Furnishing two copies of advertisements, at 5c.... Making affidavit to warrant In re Talbot, 2 B. R. 280; s. c. 2 L. T. B. 15. Serving five defendants and parties in Mercer Co. with order . $11 80 d 0 10 a 0 10 a 1 50 d $10 00 a Three copies of petition on defendants, $6.00; copies $2.25. 8 25 a Warrant of seizure, $2.00; one copy, $1.50.... Expenses of deputy sent to Mercer Co., $29.30; telegrams 3 50 a 31 90 a Wages of deputy in possession 9 days after seizure, at $2.00 . 18 00 a Serving order of adjudication on two parties, $4.00; copy, 50c.; mileage, $17.00... 21 50 a Preparing notice publication, 40c.; paid printers, $9.60... 10 00 a .... Preparing notice 1st meeting, $7.60; services, $3.00; postage, $1.00 ... 11 60 a Serving orders on two keepers to deliver, $4.00; copy, 50c. 4.50 a Each written notice to creditors in schedules, at 10c.. 6.90 a 5127. The enumeration of the foregoing fees shall not prevent the justices of the Supreme Court from prescribing a tariff of fees for all other services of the officers of courts of bankruptcy, or from reducing the fees prescribed in the three preceding sections, in classes of cases to be named in their general orders. Statute revised March 2, 1867, ch. 176, § 47, 14 Stat. 540. The authority conferred upon the justices is to prescribe a tariff of fees for all "other services," that is, for services other than those for which provision is made in this section. It is also limited to reduction only, and does not extend to the entire abolition of the fees for which provision is so made. In re Donahue et al., 8 B. R. 453. § 5127A (June 22, 1874, ch. 390, § 18, 18 Stat. 184). That from and after the passage of this act, the fees, commissions, charges, and allowances, excepting actual and necessary disbursements, of, and to be made by the officers, agents, marshals, messengers, assignees, and registers in cases of bankruptcy, shall be reduced to one-half of the fees, commissions, charges, and allowances heretofore provided. for or made in like cases: Provided, That the preceding provision shall be and remain in force until the justices of the Supreme Court of the United States shall make and promulgate new rules and regulations in respect to the matters aforesaid, under the powers conferred upon them by sections four thousand nine hundred and ninety [ten] and five thousand one hundred and twenty-seven [forty-seven] of said act, and no longer, which duties they shall perform as soon as may be. Reduction applies to the fees of the clerk. In re Hunt, 1 Cent. L. J. 359. ACT OF 1898, CH. 5, § 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. § 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. ACT OF 1867, § 5127в (June 22, 1874, ch. 390, § 19, 18 Stat. 184). That it shall be the duty of the marshal of each district, in the month of July of each year, to report to the clerk of the district court of such district, in a tabular form, to be prescribed by the justices of the Supreme Court of the United States, as well as such other or further information as may be required by said justices, First, the number of cases in bankruptcy in which the warrant prescribed in section five thousand and nineteen [eleven] of said act has come to his hands during the year ending June thirtieth, preceding; Secondly, how many such warrants were returned, with the fees, costs, expenses, and emoluments thereof, respectively and separately; Thirdly, the total amount of all other fees, costs, expenses, and emoluments, respectively and separately, earned or received by him. during such year, from or in respect of any matter in bankruptcy; Fourthly, a summarized statement of such fees, costs, and emoluments, exclusive of actual disbursements in bankruptcy, received or earned for such year; Fifthly, a summarized statement of all actual disbursements in such cases for such year. And in like manner, every register shall, in the same month and for the same year, make a report to such clerk of, First, the number of voluntary cases in bankruptcy coming before him during said year; Secondly, the amount of assets and liabilities, as nearly as may be, of the bankrupt; Thirdly, the amount and rate per centum of all dividends declared; Fourthly, the disposition of all such cases; Fifthly, the number of compulsory cases in bankruptcy coming before him, in the same way; Sixthly, the amount of assets and liabilities, as nearly as may be, of such bankrupts; Seventhly, the disposition of all such cases; Eighthly, the amounts and rate per centum of all dividends declared in such cases; Ninthly, the total amount of fees, charges, costs, and emoluments of every sort, received or earned by such register during said year in each class of cases above stated. And in like manner, every assignee shall, during said month make like return to such clerk, of, First, the number of voluntary and compulsory cases, respectively and separately, in his charge during said year; Secondly, the amount of assets and liabilities therein, respectively and separately; Thirdly, the total receipts and disbursements therein, respectively and separately; Fourthly, the amount of dividends paid or declared, and the rate per centum thereof, in each class respectively and separately; Fifthly, the total amount of all his fees, charges, and emoluments, of every kind therein, earned or received; Sixthly, the total amount of expenses incurred by him for legal proceedings and counsel fees. Seventhly, the disposition of the cases respectively; Eighthly, a summarized statement of both classes as aforesaid. And in like manner, the clerk of said court, in the month of August in each year, shall make up a statement for such year, ending June thirtieth, of, First, all cases in bankruptcy pending at the beginning of the said year; Secondly, all of such cases disposed of; Thirdly, all dividends declared therein; Fourthly, the number of reports made from each assignee therein; Fifthly, the disposition of all such cases; Sixthly, the number of assignees' accounts filed and settled; Seventhly, whether any marshal, register, or assignee has failed to make and file with such clerk the reports by this act required, and if any have failed to make such reports, their respective names and residences. And such clerk shall report in respect of all cases begun during said year. And he shall make a classified statement, in tabular form, of all his fees, charges, costs, and emoluments, respectively, earned or accrued during said year, giving each head under which the same accrued, and also the sum of all moneys paid into and disbursed out of court in bankruptcy, and the balance in hand or on deposit. And all the statements and reports herein required shall be under oath, and signed by the persons respectively making the same. And said clerk shall in said month of August, transmit every such statement and report so filed with him, together with his own statement and report aforesaid, to the attorney-general of the United States. Any person who shall violate the provisions of this section shall on motion made, under the direction of the attorney-general, be by the district court dismissed from his office, and shall be deemed guilty of a misdemeanor, and, on conviction thereof, be punished by a fine of not more than five hundred dollars, or by imprisonment not exceeding one year. TITLE XIII. PROHIBITED AND FRAUDULENT TRANSFERS. ACT OF 1898, CH. 6, § 60. Preferred Creditors. (a)) A person shall be deemed to have given a preference if, being insolvent, he has procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class. (b) If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person. (c) If a creditor has been preferred, and afterwards in good faith gives the debtor further credit without security of any kind for property which becomes a part of the debtor's estates, the amount of such new credit remaining unpaid at the time of the adjudication in bankruptcy may be set off against the amount which would otherwise be recoverable from him. (d) If a debtor shall, directly or indirectly, in contemplation of the filing of a petition by or against him, pay money or transfer property to an attorney and counselor at law, solicitor in equity, or proctor in admiralty for services to be rendered, the transaction shall be reexamined by the court on petition of the trustee or any creditor and shall only be held valid to the extent of a reasonable amount to be determined by the court, and the excess may be recovered by the trustee for the benefit of the estate. * * * ACT OF 1898, CH. 1, SEC. 1. Definition.- (25) "Transfer" shall include the sale and every other and different mode of disposing of or parting with property, or the possession of property, absolutely or conditionally, as a payment, pledge, mortgage, gift, or security. |