The condition of this obligation is such that whereas the said

has been on the

.. day of

19..., appointed by the Honorable
district court of the United States for the

A. D.

judge of the district of

a referee in bankruptcy in and for the county of in said district, under the acts of Congress relating to

Now, therefore, if the said

...

shall well and faith

fully discharge and perform all the duties pertaining to the said office of referee in bankruptcy, then this obligation to be void; otherwise to remain in full force and virtue.

In the District Court of the United States for the

of

IN THE MATTER OF

In Bankruptcy.

Bankrupt.

District

.........

Notice is hereby given that on the ...... day of A. D. 19..., the said was duly adjudicated bankrupt;

and that the first meeting of his creditors will be held at

in

on the

o'clock in the ...

... day of .... A. D. 19..., at noon, at which time the said creditors may attend, prove their claims, appoint a trustee, examine the bank

rupt, and transact such other business as may properly come before said meeting.

Cross-references.- See §§ 55 and 58, Vol. II, ante. Also General Order XXI(2), Vol. II, ante.

The use of this form is quite universal. With some changes it can be adapted to fit all of the notices given by the referee, and not by the clerk. See Forms Nos. 157, 161, 176, 178, in “Supplementary Forms," this volume, post. For proofs of mailing and of publication, see Forms Nos. 159, 160.

For notices given by the clerk in the form of orders to show cause, see Forms Nos. 102, 319, 348.

Form No. 19

LIST OF DEBTS PROVED AT FIRST MEETING In the District Court of the United States for the

IN THE MATTER OF

District

........

In Bankruptcy.

At ..... 19..., before

Bankrupt.

in said district, on the ...... day of ........ A. D. .., referee in bankruptcy.

The following is a list of creditors who have this day proved their debts:

This form is archaic. It does not fit the present law or practice, and is rarely, if ever, used. See General Order XXIV, which is also practically a dead letter, and §§ 39 and 57 of this work. The referees keep a list in their claim book and transmit dividend lists to the trustee.

Form No. 20

GENERAL LETTER OF ATTORNEY IN FACT WHEN CREDITOR IS NOT REPRESENTED BY ATTORNEY AT LAW

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

District

and State of ...

of

:

in the county of

do hereby authorize you, or any one of you, to attend the meeting or meetings of creditors of the bankrupt aforesaid at a court of bankruptcy, wherever advertised or directed to be holden, on the day and at the hour appointed and notified by said court in said matter, or at such other place and time as may be appointed by the court for holding such meeting or meetings, or at which such meeting or meetings, or any adjournment or adjournments thereof may be held, and then and there from time to time, and as often as there may be occasion, for me and in my name to vote for or against any proposal or resolution that may be then submitted under the acts of Congress relating to bankruptcy; and in the choice of trustee or trustees of the estate of the said bankrupt, and for me to assent to such appointment of trustee; and with like powers to attend and vote at any other meeting or meetings of creditors, or sitting or sittings of the court, which may be held therein for any of the purposes aforesaid; also to accept any composition proposed by said bankrupt in satisfaction of his debts, and to receive payment of dividends and of money due me under any composition, and for any other purpose in my interest whatsoever, with full power of substitution.

In witness whereof I have hereunto signed my name and affixed my seal the ...... day of ... A. D. 19...

[L. S.]

Signed, sealed, and delivered in presence of

Cross-references.- See §§ 1(9), 57, and General Orders IV and XXI (5), Vols. I and II, ante. Consult also discussion of the necessity of power of attorney to an attorney in law representing a creditor in a bankruptcy proceeding, in § 56, Vol. II.

Partnership and corporation cases.— -See foot-notes to Form No. 21.

I hereby authorize you, or any one of you, to attend the meeting of creditors in this matter, advertised or directed to be holden at

.....9

on the ...... day of ....

or

before any adjournment thereof, and then and there ....... ... for and in ........ name to vote for or against any proposal or resolution that may be lawfully made or passed at such meeting or adjourned meeting, and in the choice of trustee or trustees of the estate of the said bankrupt.

In witness whereof I have hereunto signed my name and affixed my seal the ...... day of ...... day of........, A. D. 19... Signed, sealed, and delivered in presence of

Acknowledged before me, this ... day of

A. D. 19...

[Official character.]

Cross-references.- See foot-note to Form No. 20. This form is for use when the attorney is not given general authority. It is rarely used.

Partnership and corporation cases. In view of the provisions of subd. 5 of General Order XXI, it is desirable to add to this form and Form No. 20 preceding, when made on behalf of a partnership or corporation, an affidavit of the person executing the power of attorney that he is a member of the partnership, or a duly authorized officer of the corporation on whose behalf he acts, and, in the case of a corporation, that he was duly authorized to execute the power of attorney. Matter of Saslow (D. C., Ohio), 47 Am. B. R. 243, 275 Fed. 587.

The acknowledgment should contain a statement that the person making it is known to the officer before whom it is taken or that his identity was established. Matter of Saslow (D. C., Ohio), 47 Am. B. R. 243, 275 Fed. 587. Letter of attorney. See proxy voting, Vol. II, § 56, ante. Requirement of General Order XXI (5) as to oath in partnership cases. In re Blue Ridge Packing Co. (D. C., Pa.), 11 Am. B. R. 36, 125 Fed. 619. In re Finlay Bros. (D. C., N. Y.), 3 Am. B. R. 738, 104 Fed. 675.

May be proved or acknowledged before a Justice of the Peace under § 20 of Bankruptcy Act and not limited by General Order XXI (5) to a referee, United States commissioner or notary public.

In re Roy (D. C., N. Y.), 26 Am. B. R. 4, 185 Fed. 551.

In re Sugenheimer, 1 Am. B. R. 425, 91 Fed. 744.

Attorney-at-law may not vote on claim unless authorized by duly executed power of attorney for that purpose. No presumption of authority.

In re Scully, 5 Am. B. R. 716, 108 Fed. 372.

In re Blankfein, 3 Am. B. R. 165, 97 Fed. 191. In re Capitol Trading Co. Inc., 36 Am. B. R. 339.

Corporation organized as a board of trade not permitted to represent creditor under the prohibition of New York statute forbidding corporations to practice law and under General Order IV.

L. Meisel and Co. v. National Jewelers' Board of Trade (N. Y. App. Tr.), 90 Misc. (N. Y.) 19.

When attorney disqualified from voting under power of attorney.

In re Columbia Iron Works, 14 Am. B. R. 526, 142 Fed. 234.

Acknowledgment before commissioner of deeds of letters running to himself not permitted.

In re Grossman (D. C., N. Y.), 34 Am. B. R. 32, 225 Fed. 1020.