of your bond as such trustee has been fixed at ........ dollars. You are required to notify me forthwith of your acceptance or rejection of the trust. This form seems to be required by General Order XVI. It is, however, little used. Form No. 25 BOND OF TRUSTEE Know all men by these presents: That we, as principal, and ..... of .. .... ..... as sureties, are held and firmly bound unto the United States of America in the sum of ..... dollars, in lawful money of the United States, to be paid to the said United States, for which payment, well and truly to be made, we bind ourselves and 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 the abovenamed ..... ... was, on the .... day of . . . . . . . ., A. D. 19..., appointed trustee in the case pending in bankruptcy in said court, wherein is the bankrupt, and he, the said has accepted said trust with all the duties and trustee as aforesaid, obligations pertaining thereunto: Now, therefore, if the said shall obey such orders as said court may make in relation to said trust, and shall faithfully and truly account for all the moneys, assets, and effects of the estate of said bankrupt which shall come into his hands and possession, and shall in all respects faithfully perform all his official duties as said trustee, then this obligation to be void; otherwise, to remain in full force and virtue. Cross-references.-See § 50, Vol. II, ante. Value of securities. The court must "receive" evidence of the actual value of the securities. Where they are natural persons this can best be done by adding an affidavit as to property to the bond. Thus see Form No. 228, post. In general. Bond must be furnished within ten days, or five days additional if permitted by the court. Surety company sufficient. In re Kalter, 2 Am. B. R. 590. Presumption in State court that trustee duly qualified by filing bond. Breckons v. Snyder, 15 Am. B. R. 112, 211 Pa. St. 176. What bond covers. In re Kajita, 13 Am. B. R. 19. Unauthorized payments. In re Hoyt and Mitchell, 11 Am. B. R. 784, 127 Fed. 968. Action by trustee upon bond of a former defaulting trustee may be maintained in a District Court of the United States. United States ex rel. Schauffler v. Union Surety and Guaranty Co. (D. C., N. Y.), 9 Am. B. R. 114, 118 Fed. 482. Or in State court of general jurisdiction. Alexander v. Union Surety and Guaranty Co., 11 Am. B. R. 32, 89 App. Div. (N. Y.) 3, 85 N. Y. Supp. 282. Action upon bond brought in name of United States. Alexander v. Union Surety and Guaranty Co. (supra.) And leave of court not necessary (s. c.). Defaulting trustee proper, but not necessary party (s. c.). Action on trustee's bond may be brought though no order was made directing absconding trustee to account. Scofield v. United States ex rel. Bond (C. C. A., 6th Cir.), 23 Am. B. R. 259, 174 Fed. 1, 98 C. C. A. 39. But, generally, an accounting is a necessary prerequisite. United States v. Sondheim, 33 Am. B. R. 217. Form No. 26 ORDER APPROVING TRUSTEE'S BOND At a court of bankruptcy, held in and for the ..... District said district, has been duly appointed trustee of the estate of the above-named bankrupt, and has given a bond with sureties for the faithful performance of his official duties, in the amount fixed by the creditors [or by order of the court], to wit, in the sum of dollars, it is ordered that the said bond be, and the same is hereby, approved. Referee in Bankruptcy. Cross-references.- See also §§ 21 and 50 of this work. Form insufficient. This order is not so phrased as to give certain important facts when recorded in a record office (§ 21-e). Hence Form No. 229, post. Form No. 27 ORDER THAT NO TRUSTEE BE APPOINTED In the District Court of the United States for the of ..... IN THE MATTER OF Bankrupt. In Bankruptcy. It appearing that the schedule of the bankrupt discloses no assets, and that no creditor has appeared at the first meeting, and that the appointment of a trustee of the bankrupt's estate is not now desirable, it is hereby ordered that, until further order of the court,' no trustee be appointed and no other meeting of the creditors be called. Referee in Bankruptcy. Cross-references.- See General Order XV and foot-notes. Consult also §§ 6 and 47. If this form is used it may, perhaps, be supplemented as to the bankrupt's exempt property by Form No. 323. Form No. 28 ORDER FOR EXAMINATION OF BANKRUPT In the District Court of the United States for the ..... of ..... IN THE MATTER OF In Bankruptcy. Bankrupt. District rupt [or creditor of said bankrupt], it is ordered that said bankrupt o'clock in the .... ........ noon, to submit to examination under the acts of Congress relating to bankruptcy, and that a copy of this order be delivered to him, the said bankrupt, forthwith. Referee in Bankruptcy. Cross-references.- See §§ 7 and 21, also § 12. Compare General Order XII (1). This form is rarely used; the bankrupt appears without a formal order and is examined at the first meeting of creditors or adjournments thereof. Where the testimony of one not the bankrupt is desired Form No. 30 is used. Examination of bankrupt. In re Mellen, 3 Am. B. R. 226, 97 Fed. 326. Examination of bankrupt after discharge and while estate is in process of administration. In re Westfall Bros. & Co., 8 Am. B. R. 431. See, In re Peters, 1 Am. B. R. 248. His duty to testify fully. In re Fellerman, 17 Am. B. R. 785, 149 Fed. 244. In re Jacobs & Roth, 18 Am. B. R. 728, 154 Fed. 988. May be punished for persistent evasive answers. In re Singer, 23 Am. B. R. 28, 174 Fed. 208. A creditor even though he has not filed a claim is entitled to examine a bankrupt under the provision of § 7-a. Form No. 29 EXAMINATION OF BANKRUPT OR WITNESS In the District Court of the United States for the ........ District of ...... |