Burrell v. State, 12 Am. B. R. 132, 194 U. S. 572, 48 L. Ed. 1122, affg. 27 Mont. 282; United States v. Simon, 17 Am. B. R. 41, 146 Fed. 89. Waiver of privilege. In re Bendheim (supra). In re Tobias Greenthal & Mendelson, 31 Am. B. R. 889, 215 Fed. 815. When court is convinced that the answer to question cannot by any reasonable possibility incriminate, witness should be compelled to answer. In re Levin (D. C., N. Y.), 11 Am. B. R. 382, 131 Fed. 388. Privileged communications.-[See § 21, Vol. I, ante.] In re Ruos, 20 Am. B. R. 281, 159 Fed. 252. People's Bank v. Brown (C. C. A., 3d Cir.), 7 Am. B. R. 475, 112 Fed. 652, 50 C. C. A. 411. In re Jefferson, 3 Am. B. R. 174, 96 Fed. 826; In re Mayer, 3 Am. B. R. 222, 97 Fed. 328. Use of examination in other proceedings. [See §§ 7 and 21, Vol. I, ante.] Wechsler v. United States (C. C. A., 2d Cir.), 19 Am. B. R. 1, 158 Fed. 579, 86 C. C. A. 37, revg. 16 Am. B. R. 1. In re Wilcox, 6 Am. B. R. 362, 109 Fed. 628, 48 C. C. A. 567. In re Alphin & Lake Cotton Co., 12 Am. B. R. 653, 131 Fed. 823. Breckons v. Snyder, 15 Am. B. R. 112, 211 Pa. St. 176. In re Shaw, 6 Am. B. R. 499, 109 Fed. 780; In re Keller, 6 Am. B. R. 334. 109 Fed. 118. In reclamation proceedings after death of bankrupt his testimony at first meeting admissible. In re Thompson (D. C., N. J.), 28 Am. B. R. 794, 197 Fed. 681. When evidence taken on general examination under § 21-a is admissible in discharge proceeding. In re Malschick, 33 Am. B. R. 214, 217 Fed. 492. Shaffer v. The Koblegard Co. (C. C. A., 4th Cir.), 24 Am. B. R. 898, 183 Fed. 71, 105 C. C. A. 363, affg. In re Shaffer, 22 Am. B. R. 147, 169 Fed. 724. When inadmissible. In re National Boat & Engine Co., 33 Am. B. R. 154, 216 Fed. 208. Use of stenographer's notes of testimony given by bankrupt at first meeting not read to witness or signed by him is admissible against him in a contempt proceeding when stenographer who took the notes is called and attests to their accuracy. In re Kaplan Bros. (C. C. A., 3d Cir.), 32 Am. B. R. 305, 213 Fed. 753, 130 C. C. A. 267. In re Samuelsohn (D. C., N. Y.), 23 Am. B. R. 528, 174 Fed. 911. How testimony taken is in discretion of referee. In re Goldstein, 19 Am. B. R. 96, 155 Fed. 695. Governed largely by local district rules. Dressell v. North State Lumber Co., 9 Am. B. R. 541, 119 Fed. 531. In re Sturgeon (C. C. A., 2d Cir.), 14 Am. B. R. 681, 139 Fed. 608, 71 C. C. A. 592. In re Lange, 3 Am. B. R. 231, 97 Fed. 197; In re Tudor, 4 Am. B. R. 78, 100 Fed. 796; In re Isaacson (D. C., N. Y.), 23 Am. B. R. 665, 175 Fed. 292. Revival of proceedings for examination in discretion of court. In re Bryant, 26 Am. B. R. 504, 188 Fed. 530. Correction of testimony. In re Hark Bros., 14 Am. B. R. 624, 136 Fed. 986. Form No. 264 PETITION BY TRUSTEE FOR ORDER OF EXAMINATION OF WITNESS AND FOR SUBPOENA (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 213.) 1. That he is the trustee herein, duly qualified and acting. 2. (That the bankrupt in this proceeding has left the jurisdiction and has not been present at any meeting of creditors. That the books of account have not come into the possession of the trustee, and your petitioner has been able to obtain but little information concerning the condition of this estate). 3. That upon information and belief certain payments were made ..... of which petitioner believes to ..... to have been preferential (or certain property has been transferred within the last three months which petitioner to .... desires to investigate). of ..., have certain information concerning the acts, conduct of said bankrupt and the property of the said bankrupt estate now in process of administration and that the persons aforesaid are in possession of certain papers which properly belong to this estate or would throw light on said transactions. Wherefore, petitioner prays for an order under section 21-a of the Bankruptcy Act requiring the above named persons to appear before the referee and be examined concerning the acts, conduct of the bankrupt and the property belonging to the bankrupt estate and that a subpoena (duces tecum) be issued by the clerk of this court directed to such persons. [Verification.] Cross-reference.-See § 21, Vol. I, ante. Petitioner. Form No. 265 ORDER FOR EXAMINATION AND THAT SUBPOENA ISSUE United States District Court, before me for examination concerning the acts, conduct of the bankrupt and property belonging to the bankrupt estate herein now in process of administration, at my office, No. street, city of and that a subpoena be issued by the clerk of this court directed to such persons requiring them to be present at the time designated in said subpoena. Dated 19... Cross-reference. See § 21, Vol. I, ante. VOL. III-14 Referee in Bankruptcy. Form No. 266 PETITION THAT U. S. MARSHAL PRODUCE PRISONER FOR EXAMINATION (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 215.) 19..., an order That he is the receiver of the above named bankrupt. That heretofore, and on the ...... day of ... .... was duly made and entered herein appointing and others, and directing said persons named to appear before said Commissioner at a time and place thereafter to be fixed, to be there and then examined under oath concerning the acts, conduct and property of the bankrupt, and that a subpoena issue to said persons directing them. so to appear. That thereafter a subpoena was duly issued by the clerk of this court in accordance with the said order, returnable on the day of ... 19..., at .... said commissioner at his office, No. ... o'clock in the .... noon before That said subpoena has not been served upon said ..... and .. District of... .... by reason of the fact that they, and each of them, are now in the custody of the United States marshal for the on warrants of arrest issued by a United States Commissioner charging them, and each of them, with the commission of a crime and they, and each of them, are confined by said marshal in the prison, in the city of there to await the action of the Federal grand jury. That your petitioner is desirous of examining the persons named in accordance with the order heretofore entered herein, and respectfully prays this Honorable Court, that an order be made and entered herein directing the said United States marshal to produce said persons. named before said commissioner at said time and place for examination under the provisions of section 21-a of the Acts of Congress relating to bankruptcy, and in pursuance of the subpoena duly issued for that purpose. And your petitioner will ever pray. [Verification.] Petitioner. Form No. 267 ORDER THAT MARSHAL PRODUCE PRISONER FOR EXAMINATION (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 216.) At a stated term of the United States District Court, held in and for the PRESENT: ..... duly verified, and all the proceedings heretofore had herein and sufficient reason appearing therefor, it is, on motion of ... |