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pany of and shall in no event be liable other than for the proper application of the said earnings, profits, income, property and estate applicable to the payment of this certificate subject to the orders of the said District Court of the United States.

In witness whereof, the said

as receiver of has pursuant to

the order of said court hereunto set his hand and seal, at the city of ... day

of ...

...

Company of

in the State of

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this

Certificate of the Clerk of the District Court of the United States .. District of .....

for the ....

Clerk of the District Court of the United
District of

....

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do hereby

I, .... States for the certify that the foregoing certificate or instrument of indebtedness signed by is one

....

as receiver of

...

of a series of certificates mentioned in and authorized by the order of the District Court of the United States for the

of

made and entered on the.

19..., "In the Matter of

District day of

bankrupt," pending in the said court upon the bankruptcy side of the said court.

Clerk.

Cross-references.- See § 2(5), (15), Vol. I, ante. Also notes to Form No.

150, ante.

Form No. 153

PETITION FOR APPOINTMENT OF ANCILLARY RECEIVER IN COURT OF ANCILLARY JURISDICTION

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 89.)

United States District Court,

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2. That the said alleged bankrupt is a corporation existing under

the laws of the State of ...

and was organized with a

capital stock of $........, for the purpose of

...

That the principal place of business of the said

company is in the city of ...

and State of ....

but that the company's factory buildings and machinery, as well as most of its personal property are in the town of

and within the jurisdiction of this court. 3. That on the ........ day of ....

19..., a petition

.....

was filed in the District Court of the United States for the District of .... by your petitioner together with other creditors of the above named corporation for the purpose of having it adjudged bankrupt; that the acts of bankruptcy set forth in the said petition were as follows: (1) That within four months next preceding the date of the said petition, the .... ... Company committed an act of bankruptcy in that it did suffer or permit, while insolvent, to obtain a is in the

of ..

preference through legal proceedings, which preference nature of an attachment against property of the said ... Company located at.

in the State of

Such preference has not been vacated nor discharged. (2) Also while insolvent, the said Company permitted the following creditors to obtain preferences by making payments to them, to wit: ...

4. That many of the creditors, whose accounts are overdue, have threatened to institute legal proceedings against the company. That there are no assets of the company immediately available for the purpose of paying said indebtedness.

5. The factory of the company has been shut down because of the inability of the company to pay wages to employees and expenses necessary for the continuance of the business. That said company has been unable to pay its current bills for some time past, and has been insolvent.

...... day of

....

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19...,

6. That on 'Esq., was duly appointed receiver of the estate of said bankrupt in the District of .... by order of Hon. Judge of the United States District Court for the said District, (the attorneys for the alleged bankrupt appearing at the same time and consenting in open court to the appointment). That the bankrupt owns and possesses certain property consisting of for conducting its business, in this State and District, and certain creditors are threatening suits against said property. Your petitioner is of the opinion and verily believes that it is absolutely necessary for the preservation of the property of the bankrupt and the protection of the creditors' interest therein, that an ancillary receiver be appointed by this court for the protection of said property.

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Wherefore, your petitioner prays for an order of this court appointing.. Esq., or some other competent person, ancillary receiver of all the property, assets and effects of the above named ... Company, the bankrupt, which is situated within this jurisdiction, to care for and preserve the same until the appointment and qualification of a trustee or until the further order. of this court, and for an order of this court directing the officers, managers and employees of the said deliver into the possession of the ancillary receiver so appointed, all of the property of the said ... Company wheresoever situated which is not exempt by law and to otherwise comply with the terms of the said order, and that they, their agents, servants, attorneys and all persons be restrained and enjoined from in any way

.... Company to

interfering with the possession of the said property, other than to turn the same over to the said ancillary receiver.

[Verification.]

Ancillary jurisdiction is provided for in § 2(20), ante.

In re Lipman (D. C., N. J.), 29 Am. B. R. 139, 201 Fed. 169.

Petitioner.

Fidelity Trust Co. v. Gaskell (C. C. A., 8th Cir.), 28 Am. B. R. 4, 195 Fed. 865, 115 C. C. A. 527.

Progressive Building and Loan Co., Inc. v. Hall, 33 Am. B. R. 313, 220 Fed. 45, 135 C. C. A. 613.

Hartman, Trustee v. Ackoury (D. C., La.), 31 Am. B. R. 514, 210 Fed. 188. Where process to seize alleged bankrupt's property is necessary, ancillary proceedings in proper district may be had.

In re Peiser, 7 Am. B. R. 690, 115 Fed. 199.

In re Dunseath and Son Co. (D. C., Pa.), 22 Am. B. R. 75, 168 Fed. 973. In re Benedict (D. C., Wis.), 15 Am. B. R. 232, 140 Fed. 55.

In re Nelson and Bro. Co. (D. C., N. Y.), 18 Am. B. R. 66, 149 Fed. 590; In re Schrom, 3 Am. B. R. 352, 97 Fed. 160.

Ross-Meeham Foundry Co. v. Southern Car and Foundry Co., 10 Am. B. R. 624, 124 Fed. 403.

In re Granite City Bank of Dell Rapids (C. C. A., 8th Cir.), 14 Am. B. R. 404; 137 Fed. 818; 70 C. C. A. 316; affg. 12 Am. B. R. 727.

Court has no power to make summary order for delivery of property to be enforced in another district.

Staunton v. Wooden (C. C. A., 9th Cir.), 24 Am. B. R. 736; 179 Fed. 61; 102 C. C. A. 355.

Sale of property upon application of ancillary receiver after adjudication denied.

In re Brockton Ideal Shoe Co. (D. C., N. Y.), 27 Am. B. R. 577; 194 Fed. 233. A receiver may not sue in a district other than that in which he was appointed.

In re National Mercantile Agency (D. C., Pa.), 12 Am. B. R. 189, 128 Fed. 639. Nor bring summary proceedings to recover assets in other jurisdiction. In re Dunseath and Son Co. (supra).

District court has jurisdiction to entertain proceedings instituted by a trustee in bankruptcy duly appointed in a bankruptcy proceeding pending in another district to compel the officers of the bankrupt to deliver to such trustee the documents in their possession relating to the business of the bankrupt.

When the original court of bankruptcy could act summarily, another court of bankruptcy sitting in another district can do so in aid of the court of original jurisdiction.

Babbitt, Trustee, Randolph Macon Coal Co. v. Dutcher and Gardiner (U. S. Sup.), 23 Am. B. R. 519, 216 U. S. 102, 54 L. Ed. 402, 30 Sup. Ct. Rep. 372. In re Madison Steel Co. (Elkus, Petitioner), 23 Am. B. R. 614, 216 U. S. 115, 54 L. Ed. 407.

An ancillary receiver must account to the court which appointed him. Loeser v. Dallas (C. C. A., 3d Cir.), 27 Am. B. R. 733, 192 Fed. 909, 114 C. C. A. 349.

Jurisdiction of Circuit Court of Appeals on question of ancillary jurisdiction. Fidelity Trust Co. v. Gaskell (supra).

Power of ancillary court to award fees.

In re Musica and Son (D. C., La.), 30 Am. B. R. 555, affd., 31 Am. B. R. 687, 211 Fed. 326, 127 C. C. A. 575; Appeal to Supreme Court dismissed in 32 Am. B. R. 559.

See Acme Harvester Co. v. Beekman Lumber Co., 27 Am. B. R. 262, 222 U. S. 300-306, 56 L. Ed. 208.

Analogous Forms.- See Forms Nos. 273-276, ante.

Form No. 154

ORDER APPOINTING ANCILLARY RECEIVER

(Hagar and Alexander's Bankruptey Forms [2d Ed.], No. 90.)

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ancillary receiver in bankruptcy in this jurisdiction and it appearing that an involuntary petition in bankruptcy was filed on the day of 19..., and is now pending in the District. Court of the United States for the ....... district of against the above named bankrupt; that ... .. has been appointed receiver, duly qualified and is now acting as such receiver; that the said bankrupt owns and possesses certain property consisting in this State and district; that it is absolutely

of

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