istrators, or assigns to which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, by these presents.

Signed and sealed this ...... day of

A. D. 19...

The condition of this obligation is such that whereas a petition in bankruptcy has been filed in the district court of the United States for the district of ...... against the said ..... ......... ..., and has applied to that court for a warrant to the marshal of said district directing him to seize and hold the property of said subject to the further orders of said

the said

district court:

.....

Now, therefore, if such a warrant shall issue for the seizure of said property, and if the said..... shall indemnify the said for such damages as he shall sustain in the event such seizure shall prove to have been wrongfully obtained, then the above obligation to be void; otherwise to remain in full force. and virtue.

[Justification of sureties may be added.]

Bond of petitioning creditor.- This bond seems to conform to the requirements of § 69. It can be used also in seizures under § 3-e. See foot-note to Form No. 8. .

Form No. 10

BOND TO MARSHAL

Know all men by these presents: That we, principal, and

bound unto

as sureties, are held and firmly marshal of the United States for

the ....... district of ........ in the full and just sum of ..... dollars, to be paid to the said ...

.., his executors, administrators, or assigns, to which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, by these presents.

Signed and sealed this ...... day of

A. D. 19...

The condition of this obligation is such that whereas a petition in bankruptcy has been filed in the district court of the United States for the ...... district of ......., against the said ...

and the said court has issued a warrant to the marshal of the United States for said district, directing him to seize and hold property of the said .... subject to the further order of the court, and the said property has been seized by said marshal as directed, and the said district court, upon a petition of said ...

has ordered the said property to be released to him:

Now, therefore, if the said property shall be released accordingly to the said and the said ...

being adjudged a bankrupt, shall turn over said property or pay the value thereof in money to the trustee, then the above obligation to be void; otherwise to remain in full force and virtue.

Cross-references.- See foot-notes to Forms Nos. 8 and 9. This bond seems to apply only to § 69.

Form No. 11

ADJUDICATION THAT DEBTOR IS NOT BANKRUPT

In the District Court of the United States for the....District of....

the true intent and meaning of the acts of Congress relating to bankruptcy, and [here state the proceedings, whether there was no opposition, or, if opposed, state what proceedings were had.]

And thereupon, and upon consideration of the proofs in said cause [and the arguments of counsel thereon, if any], it was found that the facts set forth in said petition were not proved; and it is therefore adjudged that said .. was not a bankrupt, and that said

Cross-references.

This is the converse of Form No. 12. See, generally,

66

§ 2, 3, 4, 5 (if against a partnership), 18 and 59; General Orders IV, V, VI, VII, XXXIV in Vol. II, ante and compare Equity Rules LXXXV and LXXXVI in Vol. IV, post. Numerous forms in point by analogy will be found in Supplementary Forms," post. See Neustader v. Chicago Dry Goods Co., 3 Am. B. R. 96, 96 Fed. 830.

Form No. 12

ADJUDICATION OF BANKRUPTCY

In the District Court of the United States for the....District of....

a bankrupt, within the true intent and meaning of the acts of Congress relating to bankruptcy, having been heard and duly considered, the said is hereby declared and

adjudged bankrupt accordingly.

20. If the adjudication is of a partnership and the partners, see § 5, ante,

for the proper words here, and insert the same in the title.

The use of this form is quite universal.—When the adjudication is made by the referee (8 38-a (1)), it should follow the framework of the numerous referee orders in "Supplementary Forms," post, note the absence of the judge from the district or the division, the receipt of an order of reference from the clerk certifying that fact (§ 18-f-g; Form No. 15), and omit the teste clause, but otherwise follow the above phraseology.

Cross-references.- See, generally, §§ 18 and 38, Vol. I, ante.

Adjudication.— In involuntary cases, when proper service has been made upon alleged bankrupt and there is no appearance by him or any of his creditors, court must either adjudicate or dismiss the proceeding.

In re Billing, 17 Am. B. R. 80, 145 Fed, 395.

Practice in the Seventh Circuit.

In re King, 24 Am. B. R. 606, 179 Fed. 694, 103 C. C. A. 240.
Adjudication within less than five days voidable by creditors.

B-R Electric and Telephone, etc., Co. v. Aetna Life Insurance Co. (C. C. A., 8th Cir.), 30 Am. B. R. 424, 206 Fed. 885, 124 C. C. A. 545.

Jurisdiction to adjudicate a partnership organized less than six months.

In re Mitchell and Co., 31 Am. B. R. 814, 211 Fed. 778, aff'd, 33 Am. B. R. 463, 219 Fed. 690, 135 C. C. A. 362.

Death of alleged bankrupt after the filing of an involuntary petition but prior to service does not abate the proceeding. See § 8, Vol. I, ante.

Shute v. Patterson (C. C. A., 8th Cir.), 17 Am. B. R. 99, 147 Fed. 509, 78 C. C. A. 75.

Adjudication of partnership after death of partner.

In re Coe, 19 Am. B. R. 618, 157 Fed. 308.

Practice as to direction of verdict on trial of issues of insolvency.

In re Iron Clad Mfg. Co. (C. C. A., 2d Cir.), 28 Am. B. R. 628, 197 Fed. 280, 116 C. C. A. 642.

Subsequent insanity does not abate proceeding. See § 8, Vol. I, ante.

In re Kehler (C. C. A., 2d Cir.), 19 Am. B. R. 513, 159 Fed. 55, 86 C. C. A. 245.

Court should act promptly and adjudicate when no answer is filed.

Acme Harvester Co. v. Beekman Lumber Co. (U. S. Sup.), 27 Am. B. R. 262, 222 U. S. 300, 56 L. Ed. 208.

When judge is absent from district, clerk must, "forthwith refer the case to the referee." See § 18, Vol. I, ante.

In re Polakoff, 1 Am. B. R. 358.

Reference after adjudication.- Judge in absence of personal objection may refer a proceeding to any referee within the district to subserve the convenience of parties. See § 22, Vol. I, ante.

In re Western Investment Co., 21 Am. B. R. 367, 170 Fed. 677.

But not to a referee in another district.

In re Schenectady Eng. and Cons. Co. (D. C., N. Y.), 17 Am. B. R. 279, 147 Fed. 868.

VOL. III-2

No presumption arises from adjudication of insolvency at time of prior preference obtained.

McNeel v. Folk (W. Va., Sup. Ct. of App.), 33 Am. B. R. 234.

Effect of an adjudication.-See § 18, Vol. I, ante.

Neustadter et al. v. The Chicago Dry Goods Co., 3 Am. B. R. 96, 96 Fed. 830.

In re Billing (supra).

In re Am. Brewing Co., 7 Am. B. R. 471, 112 Fed. 752.

Watson v. Merrill (C. C. A., 8th Cir.), 14 Am. B. R. 453, 136 Fed. 359, 69 C. C. A. 185.

On State statute.

Continental B. and L. Assn. v. Superior Court, 28 Am. B. R. 873.

In re McCrum (C. C. A., 2d Cir.), 32 Am. B. R. 604, 214 Fed. 207, 130 C. C. A. 555.

As determining insolvency.

Lazarus v. Eagen, 30 Am. B. R. 287, 206 Fed. 518, decree modified, 209 Fed. 1004, 126 C. C. A. 665.

The issue as to whether a corporation is amenable to the Act is not jurisdictional and is concluded by the adjudication.

In re First Nat. Bank of Belle Fourche (C. C. A., 8th Cir.), 18 Am. B. R. 266, 152 Fed. 64, 81 C. C. A. 260.

Confers jurisdiction complete and exclusive both in rem and in personam. Carter v. Hobbs, 1 Am. B. R. 215, 92 Fed. 594.

Manson v. Williams (C. C. A., 1st Cir.), 18 Am. B. R. 674, 153 Fed. 525, 82 C. C. A. 475, aff'g s. c. 17 Am. B R. 826.

In re First Nat. Bank of Belle Fourche (C. C. A., 8th Cir.), 18 Am. B. R. 266, 152 Fed. 64, 81 C. C. A. 260.

Effect of on statute of limitations.

Cannon v. Prude (Ala., Sup. Ct.), 30 Am. B. R. 276.

Bankrupt not to be regarded as civilly dead from adjudication to appointment of trustee.

Plaut v. Gorham Mfg. Co. (D. C., N. Y.), 23 Am. B. R. 42, 174 Fed. 852. Bankruptcy Court may adjudicate a corporation even though its property is in possession of receivers appointed in a State court.

In re C. Moench and Sons (C. C. A., 2d Cir.), 12 Am. B. R. 240, 130 Fed. 685, 66 C. C. A. 37.

Corporation not dissolved by adjudication.

Nat. Surety Co. v. Medlock, 19 Am. B. R. 654, 2 Ga. App. 665.

Proceedings under State Act for the sale of the assets of an insolvent corporation under writ of fieri facias does not work a dissolution of the corporation so as to defeat the jurisdiction of a court of bankruptcy to adjudge it a bankrupt.

Cresson and Clearfield Coal and Coke Co. v. Stauffer (C. C. A., 3d Cir.), 17 Am. B. R. 573, 148 Fed. 981, 78 C. C. A. 609.

If an adjudication is supported by a sufficient allegation and proof of an act of bankruptcy, it cannot be set aside on appeal because other acts alleged were neither properly pleaded nor sufficiently proved.

In re Lynan (C. C. A., 2d Cir.), 11 Am. B. R. 466, 127 Fed. 123, 62 C. C. A. 123.