Form No. 91

ORDER REFERRING ISSUES TO SPECIAL MASTER

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 32.)

At a stated term of the District Court of the United States for the ...

A petition having been filed herein on the

ing that and

19..., by

day of

and others praybe adjudged an involuntary bankrupt the alleged bankrupt, (or a creditor

herein,) having appeared and filed an answer to said petition and said proceeding having been duly noticed for trial (and the same having appeared upon the calendar of this court).

Now upon motion of

it is

attorney for

....

Ordered that the issues raised by the petition and answer in the above entitled proceeding be and hereby are referred to ........ Esq., as Special Master for examination, testimony and

report.

D. J.

Cross-reference.- See § 18, Vol. I, ante. Also substitute Form No. 87, ante. Issues raised by petition and answer may be referred to special master.

In re Lavoc (C. C. A., 2d Cir.), 13 Am. B. R. 400, 134 Fed. 237, 67 C. C. A. 19. Clark et al. v. American Mfg., etc., Co. (C. C. A., 4th Cir.), Am. B. R. 351, 101 Fed. 962, 42 C. C. A. 120.

W. A. Gage Co. v. Bell, 10 Am. B. R. 696, 124 Fed. 371.

Compare In re King (C. C. A., 7th Cir.), 24 Am. B. R. 606, 179 Fed. 694, 103 C. C. A. 240.

Form No. 92

NOTICE OF HEARING BEFORE SPECIAL MASTER

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 33.)

In the District Court of the United States for the

.. District

of

IN THE MATTER OF

In Bankruptcy No.

Alleged Bankrupt.

SIR:

Please to take notice, that a hearing under the order of reference

of that day, or soon thereafter as counsel can be heard.

Form No. 93

REPORT OF SPECIAL MASTER IN INVOLUNTARY CASE

See Form No. 361, and the foot-notes thereto. With slight changes in the recitals, such form is equally available on a reference in an involuntary case.

Cross-references.- For practice, consult § 18, and the forms just ante and

post.

Form No. 94

EXCEPTIONS TO REPORT OF SPECIAL MASTER IN INVOLUNTARY CASE In the District Court of the United States for the

District

an answer to the petition for an adjudication in bankruptcy of the above-named bankrupt,48 and excepts to the report of ...

Esq., as special master, appointed by an order made herein on the 19..., in that such report 49

day of

for the following reasons:50

48. Or if the exceptions are taken by the petitioning creditor, change to fit the facts.

49. Here state the error or errors excepted to.

50. Here give the grounds of the exceptions, that the court and the opposing attorney may know fully the issue to be determined on the hearing on the exceptions.

And prays that the same may be heard, as provided in Equity Rule LXXXIII.

Cross-references. For practice, see Equity Rules LXXXIII and LXXXIV, Vol. IV, post. Consult, generally § 18. For form for adjudication, see Form No. 12; for dismissal, see Form No. 11; for costs, see General Order XXXIV and 2(18).

Form No. 95

ORDER DISMISSING INVOLUNTARY PETITION AND OVERRULING REPORT OF SPECIAL MASTER

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 35.)

A petition having been filed herein in involuntary bankruptcy pray

ing for an adjudication of

as an involuntary bank

a

rupt and an answer having been filed on behalf of

creditor of said alleged bankrupt and said matter having been duly referred to as Special Master for the purpose of taking testimony therein and reporting his opinion thereon, and the said Special Master having filed his report herein dated the day of .... 191.., finding in favor of the petitioner and recommending an adjudication that ..... ... be adjudged an involuntary bankrupt and a motion to confirm said report having come on for a hearing before this Court on ...... day of 191..,

191.., and the answer of
day of

........

....

day of filed

191.., and the order

...

herein on the referring this matter to the Special Master dated the day of .. 191.., and the testimony taken before said Special Master and the report of the Special Master dated the ........ day of ............. 191.., and upon all other papers and proceedings had herein and after hearing Esq., in support of said motion, and Esq., in opposition thereto

and due deliberation having been had, it is on motion of

.....

Órdered that the report of the Special Master be and same is hereby overruled and set aside, and it is therefore

Adjudged that said ....

is not a bankrupt and that

said petition in bankruptcy filed the ........ day of .....

19..., by

ments to

be dismissed with costs and disbursecreditors to be taxed by the Court.

D. J.