each state, and may be several. Thus, to illustrate, in Alabama there are three federal judicial districts, known as the northern, middle and southern districts of Alabama. In Maine, there is one judicial district, known as the District of Maine. In each of these judicial districts, having territorial jurisdiction over it, there is a court known as the United States District Court, and it is such court which is vested with jurisdiction over bankruptcy cases which arise within that district.

Sec. 12. JURISDICTION AS DETERMINED BY THE LOCATION OF THE BANKRUPTCY CAUSE WITHIN THE JURISDICTION. Any court of bankruptcy, as distinguished from the courts of bankruptcies in other districts, has jurisdiction over any particular cause when the party concerned as a bankrupt has had a principal place of business, resided, or had a domicile within the territorial limit of the jurisdiction, for the greater part of six months just preceding or has property within that jurisdiction.

We have seen that there are many courts of bankruptcy throughout the United States on account of the division into districts, each court of bankruptcy, as so defined, being of equal dignity with any other court, but having jurisdiction only within its own territorial limits. When may a bankruptcy cause properly be said to be within any particular territory, so that the court there may fasten its jurisdiction upon it? The law provides that this depends upon the facts of residence, or domicile, of having a principal place of business, or having property within the jurisdiction. The law reads:13

13. Bankr. Act 1898, Sec. 2.

"[That the courts of bankruptcy as defined shall have such jurisdiction as will enable them to] adjudge persons bankrupt who have had their principal place of business, resided, or had their domicile within their respective territorial jurisdictions for the preceding six months, or the greater portion thereof, or who do not have their principal place of business, reside or have their domicile within the United States, but have property within their jurisdictions or who have been adjudged bankrupts by courts of competent jurisdiction without the United States and have property within their jurisdiction."

It is desirable to discuss briefly the following items:

(1) The period of residence, having domicile or principal place of business. This must be for the greater part of six months next preceding the adjudication. This means any time, at either the beginning or end of the six months, or interspersed throughout, constituting more than three months.14

(2) Residence of debtor. If the debtor resides in the district for the greater part of the preceding six months the court in that district has jurisdiction. Residence is a fact consisting in living at a place. It as been defined as "personal presence in a fixed and permanent abode." 15

But it is not so broad as domicile, for one may have a domicile where he does not presently reside.16

14. In re Plotka (C. C. A. 7th Cir.) 104 Fed. 964; In re Tully, (D. C. N. Y.) 156 Fed. 634; In re Isaacson, (D. C. N. Y.) 161 Fed. 777.

15. In re Dinglehoef, (C. C. A. 5th Cir.) 109 Fed. 866. 16. In re Garneau, (C. C. A. 7th Cir.) 127 Fed. 677.

(3) Domicile of debtor. The debtor may be made a bankrupt in the district in which for the greater portion of the last six months he has had his domicile. "Domicile is the place where one has his true, fixed, permanent home and principal establishment, and to which when he is absent he has the intention of returning, and where he exercises his political rights."17

(4) Principal place of business of debtor. The petition may be filed in the district in which the debtor has had his principal place of business for the greater part of the last six months. A principal place of business is a place in which the principal business affairs of a man have their head-the place where his central offices are located, or his business chiefly carried on.18 As applied to corporations, it is a question of fact irrespective of statements in charter.19

(5) Concurrent jurisdiction of different courts where domicile, place of residence and principal place of business not in same district. It follows from what has been said above that a petition in bankruptcy might be filed in any of three districts, as residence might be in one, domicile in another, and principal place of business in a third district. Any one of these districts would have jurisdiction.20 The troublesome case arises where a petition is filed in more than one jurisdiction. How will the difficulty be met? Will the several courts retain jurisdiction? The answer is that the

17. Id.

18. In re Gurler & Co., (D. C. Ia. 1916) 232 Fed. 1016. 19. Dressel v. North State Lumber Co., (D. C., N. C.) 107 Fed. 255.

20. In re Gurler & Co. supra.

court first obtaining jurisdiction will retain it and the entire administration removed to that court, the other court yielding jurisdiction;21 unless the greater convenience of the parties in interest demands retention of jurisdiction by the other court.22

(6) Where bankrupt, not qualifying otherwise has property in the jurisdiction. If a debtor neither has a domicile, residence or principal place of business within any distrct, but has property theren, a petition may be filed against him. This provision permits a proceeding against an alien or non-resident debtor where he has property within a district of the United States. Manifestly personal supervision over him cannot be obtained if he is not found within the jurisdiction for service but the property within the jurisdiction can be administered in bankruptcy.

Sec. 13. ANCILLARY JURISDICTION. Under the express authority of the bankruptcy act, ancillary jurisdiction may be exercised in any district other than the one in which the main proceedings are being had in aid of a receiver or trustee appointed in any bankruptcy proceedings.

A court of any district having jurisdiction and a receiver or trustee being appointed, it may be very important that some action be taken in another district for the preservation of the assets in that other district. Accordingly ancillary proceedings are authorized by the bankruptcy act.23

21. In re Sterne & Levi, (D. C., Tex.) 190 Fed. 70. 22. Ibid.; Gen. Ord. in Bankr., No. 6.

23. Bankr. Act. 1898, Sec. 2 (20).

Sec. 14. EXTENT OF JURISDICTION OVER SUBJECT MATTER. The court of bankruptcy has power to enter any order or entertain any proceeding necessary to carry into execution the provisions and meaning of the bankruptcy act.

The bankruptcy act of 1898 sets out in section 2 thereof an enumeration in detail of the powers of the bankruptcy court, adding that "Nothing in this section contained shall be construed to deprive a court of bankruptcy of any power it would possess were certain specific powers not herein enumerated." By the particular enumeration of powers, the extent of the courts jurisdiction is made clear, and the enumeration is to be taken as a broadening of its general power rather than a narrowing thereof.

Sec. 15. JURISDICTION OF BANKRUPTCY COURT TO RECOVER ASSETS. The bankruptcy court has jurisdition to recover assets of the estate, held by or in the possession of third persons. If they are not adversely held, the court may recover them in summary proceedings, but if adversely held there must be a suit to recover them.

The bankruptcy law gives the court of bankruptcy jurisdiction to recover assets belonging to the bankrupt estate. The trustee may also sue in other courts, as we shall discover, to recover assets adversely held, and therefore the jurisdiction is concurrent to this extent. Under the act as originally enacted, there was no power to entertain a suit by the trustee for the recovery of property without the consent of the defendant to the jurisdiction.24 This was subsequently rem

24. Bardes v. Bank, 178 U. S. 524.