said in the District Court of the United States for the District of ..... ; that said petitioner has been duly appointed by said court Receiver (Trustee) of the said bankrupt and has duly qualified as such officer; that said Receiver (Trustee) has been duly authorized to apply to this court for an order of examination of certain witnesses within the jurisdiction of this court and that it is proper and necessary in aid of said Receiver (Trustee) that an ancillary order for the examination of said persons. issue; Now, upon motion of Esq., attorney for said. petitioner, it is ... Ordered, that the prayer of said petition, be and hereby is granted and an ancillary order of examination in aid of said .... ... and ... as Receiver (Trustee) of said bankrupt issue, and it is further Ordered, that of ....... appear before Esq., who is hereby appointed Special Commissioner for that purpose at a time and place to be designated by him and be examined concerning the acts, conduct and property of the said bankrupt whose estate is in process of administration in the District Court of the United States for the ..... District of and that a subpoena issue directed to such persons. Cross-references.- See §§ 2 and 21, Vol. I, ante. Form No. 277 NOTICE OF TAKING DEPOSITION (DE BENE ESSE) (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 229.) D. J. In Bankruptcy No. Bankrupt. Please take notice that and ... witnesses whose testimony is necessary in this proceeding and who reside at ... a greater distance than 100 miles from where the court is in which this proceeding is pend ing, or the place of trial herein, will be examined (de bene esse) on ..in this proceeding before the part of... ... on Esq., Commissioner (or Notary Public) (duly appointed for, etc.) at his office No. ... St. in the city of 19..., at .. o'clock in the noon, at which time and place you are hereby notified to be present and put interrogatories, if you shall think fit. the .... ...... Dated, day of ... 19... To Attorney for day of Attorney for (Address). Esq., (Address.) Cross-reference.- Consult R. S. 863 et seq. Form No. 278 DEPOSITION (DE BENE ESSE) (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 230. District of under and by virtue of the Act of Con .... gress (or a Notary Public in and for the County of duly qualified and acting) personally .. in said ... a witness on the part of in a certain bankruptcy proceeding now depending and undetermined in the District Court of the United States, for the .... district of .. .... is the bankrupt. And the said wherein having been by me. first cautioned and sworn to testify the whole truth, did thereupon depose and say: Taken, subscribed and sworn to before me the .... day of 19... Cross-references. See §§ 21 and 41, Vol. I, ante; U. S. Revised Statutes, §§ 863-865. Equity Rules XLVII, LIII, LIV, LV, LVI, Vol IV, post. Usual method of obtaining testimony of necessary witnesses at a distance greater than 100 miles from place where proceeding is pending; does not exclude more formal method of a commission to take testimony. In re Hemstreet, 8 Am. B. R. 760,' 117 Fed. 568. In re Cole, 13 Am. B. R. 300, 133 Fed. 414. Notice of taking must be filed with the referee. In re Robinson (D. C., Minn.), 24 Am. B. R. 617, 179 Fed. 724. Motion to suppress deposition. Carey v. Donohue (C. C. A., 6th Cir.), 31 Am. B. R. 210-215, 209 Fed. 328, 126 C. C. A. 254. In re Washington Steel and Bolt Co., 32 Am. B. R. 153, 210 Fed. 984. Not received in evidence unless provisions of statute are strictly followed. May be taken before any judge of a court of the United States, or any United States commissioner, clerk of a District Court or any notary public not being of counsel or attorney to any of the parties to the proceedings nor interested in the event. May also be taken without the United States before consular officer. Reasonable written notice to adverse party is required and notice of the taking of depositions must be filed in every case with the referee in bankruptcy in charge of the proceedings. When taken in opposition to the allowance of a claim notice shall be served upon claimant and when in opposition to a discharge notice in same way to the bankrupt. Attendance of witness compelled by subpoena. Form No. 279 CERTIFICATE OF COMMISSIONER OR NOTARY PUBLIC THEREON (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 279.) United States of America, District of }ss.: STATE OF County of I, a Notary Public duly appointed in and for .. and State of the County of [or U. S. Commissioner] duly authorized under and by virtue of the acts of Congress of the United States, and of the Revised Statutes of the United States to take depositions, affidavits and bail in civil causes, depending in the courts of the United States, do hereby certify, that the reason for taking the foregoing depositions is, and the fact is, that the testimony of the witnesses, and ... is material and necessary in the proceeding in the caption of the said depositions named, and that they reside more than 100 miles from the district where the proceedings are pending. [or follow Rev. Stat. Sec. 863.] I further certify, that due notification of the time and place of taking the said depositions was served upon attorneys for ...., requiring them to be present at the taking of the deposition and to put interrogatories if he or they might think fit, of which a copy is hereto annexed, with due proof of service on said attorneys; and that on the .... day of I was attended by in the Esq., and year by witnesses who were of sound mind and lawful age, and the witnesses were by me first carefully examined and cautioned, and sworn to testify the truth, the whole truth and nothing but the truth, and the depositions were by me reduced to writing, in the presence of the witnesses, and from their statements, and after carefully reading the same to the witnesses, they subscribed the same in my presence. I have retained the said depositions in my possession for the purpose of forwarding the same with my own hand to Esq., Clerk of the United States District Court for the District of... the Court for which the same are taken. And I do further certify, that I am not of counsel or attorney for either of the parties in the said deposition and caption named, nor in any way interested in the event of the cause named in the said caption. In testimony whereof, I have hereunto set my hand and seal, this in the year of our Lord one thousand, day of .... (The following Official Forms, ante, should be consulted in connection with those given below, Nos. 42, 44, 46.) FORM NO. 280. Petition for Appraisal and Sale at Auction by Receiver before Adjudication, 2473. 282. 281. Order for Appraisal and Sale before Adjudication, 2474. Petition for Appraisal and Sale by Receiver after Adjudication upon sealed bids, 2477. 283. Order for Appraisal and Sale after Adjudication upon sealed Bids, 2479. 284. Notice of Auction Sale by Receiver, 2480. 285. Notice of Sale by Receiver on Sealed Bids, 2481. 286. Petition by Receiver for Sale of perishable Property, 2483. 287. Notice of Sale by Trustee, 2484. 288. Petition for private Sale by Trustee, 2485. 288-a. Petition for Sale under General Order XVIII (2), 2486. 289. Order for private Sale by Trustee, 2487. 289-a. Order for Sale under General Order XVIII (2), 2488. Notice of Motion for Sale free and clear of Liens, 2497. 297. Order confirming Sale, after notice to creditors, 2504. 299. 300. 301. Order to show Cause why Sale should not be vacated, 2510. Order vacating Sale, 2512. 302. |