In re Schimmel, 29 Am. B. R. 361, 203 Fed. 181.

In re Octave Mining Co. (supra).

In re Grant, 16 Am. B. R. 256, 143 Fed. 661.

In re Nicholls, 22 Am. B. R. 216, 166 Fed. 603.

Rule of reasonable time to review does not apply to a motion to vacate ar order of referee on ground that he was without jurisdiction to make the order. In re W. W. Russell Card Co., 23 Am. B. R. 300, 174 Fed. 202.

That, in the course of such proceeding, an order,100 a copy of which is annexed to the petition hereinafter referred to, was made and entered on the

That, on the

day of ..... day of

....

19...
19...,

in such proceeding, feeling aggrieved thereat, filed a

petition for a review, which was granted.

That the errors complained of by the petitioner being

in number are set forth in full in his petition.

That a summary of the evidence on which such order was based is as follows:1

100. If a question is to be certified without decision, use Form No. 56.

1. Here recite the facts leading up to the order, perhaps calling attention

to the pages of the record-book and the documents handed up. See general

Order XXVII.

[That the question presented on this review is:2

I hand up herewith, for the information of the Judge, the following papers:

1. The record-book or minutes of this proceeding:

2. The petition on which this certificate is granted.

3. All other papers filed with me herein which are pertinent to this review.

Dated.

19...

Respectfully submitted,

Referee in Bankruptcy.

Cross-references.-This form is of more general application than Form No. 56, which savors more of the practice under the law of 1867. Consult, generally, § 39. See also General Order XXVII. See Form No. 184 for petition.

Form No. 186

ORDER DISMISSING PETITION TO REVIEW REFEREE'S ORDER

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 126.)

filed herein on

to review the

order of the referee (confirming a compromise with a creditor herein), [or as fact may be], and it appearing to the satisfaction of the Court that the said compromise was for the best interests of the estate, [that said order of the referee herein is regular and proper], and after hearing of counsel for

in support of said motion and

for the said petitioners in opposition thereto, it is, on motion of

Ordered, that said petition to review filed herein on be and the same is hereby dismissed.

D. J.

Form No. 187

REFEREE'S CERTIFICATE OF CONTEMPT FOR FAILURE TO OBEY SUMMARY ORDER

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 127.)

United States District Court,

I,

District

one of the referees in bankruptcy of this

Court, do respectfully report and certify that on the
of ..
I made an order requiring
bankrupt herein, to pay to

.....

in this proceeding, on or before the

day

trustee in bankruptcy day of

19..., the sum of $........, which said sum was in his possession or under his control and for which sum said not accounted.

At the time of the entry of said order said before me in person and by counsel ...

said order is filed herewith and made a part hereof.

I further certify that ....

...

has

was

A copy of

has failed to comply with said order and that the time within which to comply has now expired. I therefore find that said ... is in contempt of court, and therefore recommend that he be punished for contempt and committed until he shall have paid to the said trustee, the said sum of $........

All of which is respectfully submitted.
Dated

19...

Referee in Bankruptcy.

Cross-reference.-See § 41, Vol. I, ante.

Form No. 188

REFEREE'S CERTIFICATE ON DEFAULT OF WITNESS

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 128.)

19..., a subpoena was duly issued by Iclerk of the United States District Court for the

To the Hon.
I,

...

District Judge:

referee in bankruptcy, to whom was referred

the above entitled matter, do hereby certify that on the

of .....

day

,

District of

.....

street, city of

under the seal of said court, requiring to attend before me at my office, No. day of

on the ....

.....

19..., at ... o'clock in the ...... noon, to testify and give evidence herein on the part of the trustee of the estate of the above named bankrupt, (and produce at that time and place all his books, showing records of all purchases and sales made by him or under his supervision during the months of

....

and

in the year 19...,) and that on the said ...... day of

...

...

...

with his under the

19..., at ...... o'clock in the ...... noon, the said trustee attended at my office, No. ... street, city of... counsel, prepared to examine the said. said subpoena, that the said trustee produced at the time and place aforesaid the said original subpoena, with proof of the due service thereof on the said 19..., and that

....

on

....

after waiting for thirty (30) minutes for the said

....

to appear, he failed to appear and his default was thereupon duly noted on the record in this case.

Pursuant to section 41 of the Bankruptcy Act, I certify the foregoing facts and report that is in contempt of this

court for failure to appear in accordance with said subpoena on the

Cross-references.-See § 41, Vol. I, ante. General Order XII, Vol. II, ante. Certificate of a referee cannot be considered a petition for review of the findings of the referee.

Craddock-Terry Co. et al. v. Kaufman, 23 Am. B. R. 724, 175 Fed. 303.
Referee may not certify a question of his own motion.

In re Reukauff, Sons & Co., Inc. (D. C., Pa.), 14 Am. B. R. 344, 135 Fed. 251.
In re Kimmel, 25 Am. B. R. 595, 183 Fed. 665.