[amount double value of property], lawful money of the United States of America, for which payment well and truly to be made, we bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this ...... day of in the year one thousand nine hundred and Whereas, in the above entitled proceeding a petition was duly presented on behalf of the above bound principal praying that .... as such receiver aforesaid deliver to the said petitioner certain property described in the said petition; and Whereas, an order was duly entered on the ......... day of directing the said Receiver as aforesaid, to deliver to the said principal, or his order, certain property described in the said petition, or so much thereof as shall have come into the possession of the said .... receiver, upon condition that the said principal execute, acknowledge and deliver to the said as receiver, a good and sufficient bond conditioned as provided for in said order. ... Now, therefore, the condition of this obligation is such, that if in case it shall be finally determined that the said principal is not entitled to the said goods above referred to, as by the final judgment or order may appear, the said principal shall well and truly pay to the said receiver as aforesaid, his successor or successors, or to the trustee who shall hereafter qualify in the above entitled proceeding, the value of the goods as agreed, namely dollars, which value is hereby agreed upon as the value of the said goods at the time of delivery, together with interest and costs, and if the said petitioner shall diligently prosecute the aforesaid petition, and the performance of any and all judgments or final orders which may be finally recovered against the said property in this court, or any appellate court, in case of appeal or review, and the said principal and surety stipulate to abide by all orders of the court, interlocutory and final, and to pay the amount awarded by the final judgment or decree rendered by the Bankruptcy Court or the Appellate Court, if an appeal or petition to review intervene, with interest. And that a decree or judgment may be entered summarily against it as provided by Rule ........ and upon said decree or judgment being entered, summary process of execution shall be issued against the principal and the surety by the Court in which such claim is presented to enforce the final order or decree as rendered or upon appeal by the Appellate Court, then this obligation is to be void, otherwise to remain in full force and virtue. [Acknowledgment by principal and surety.] Jurisdiction of court to cancel.— In re Regealed Ice Co., 29 Am. B. R. 69, 199 Fed. 340. Form No. 371 ORDER DISMISSING RECLAMATION (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 317.) At a Stated Term of the District Court of the United States, in and for the An application having been made by to reclaim certain chattels now in the possession of the receiver (trustee) herein, and more particularly mentioned and described in the petition of the said reclaiming creditor, and the receiver (trustee) having filed his verified answer in opposition thereto and having moved to dismiss the said petition on the ground of insufficiency, and the same having duly come on for argument, after hearing in receiver (trustee) herein, verified the .... day of .. .... 19... Now, upon motion of (trustee) it is Ordered, that the said application of certain property now in the possession of the receiver (trustee) herein, be and hereby is dismissed. attorney for the receiver, to reclaim D. J. Form No. 372 ORDER OF REFERENCE TO SPECIAL MASTER (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 318.) At a Stated Term of the United States District Court for the ... .day of verified the 19..., and it appearing therefrom that the petitioner seeks to recover possession of certain goods now in the possession of ... Esq., the receiver in bankruptcy of the above named bankrupt under a claim of title thereto and the said receiver having filed his duly verified answer denying the right of petitioner to such possession; now on motion of attorney for said petitioner, it is Ordered, that the said petition be and the same hereby is referred to .... Esq., as Special Master for examination, testimony and report, and it is further ordered that pending the report of said Special Master and entry of order thereon, the said receiver in bankruptcy retain possession of said goods unless petitioner execute and file herein a bond in double the value of said goods in the manner and form approved by this Court. Reference to special master and not to referee as such. District Judge. In re Tracy (C. C. A., 2nd Cir.), 24 Am. B. R. 539, 179 Fed. 366, 102 C. C. A. 644. Form No. 373 REPORT OF SPECIAL MASTER IN RECLAMATION (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 319.) To the Honorable Judge of the District Court of the United States for the ..... District of.... : I, the undersigned referee in bankruptcy, to whom as special master the application of for an order directing the receiver herein to deliver to petitioner or his attorney certain property in said petition mentioned, was duly referred by order dated .... for examination, testimony and report, do hereby report as follows: ...... That the above matter was duly brought on for hearing before me and proceedings had thereon of which stenographic minutes are filed herewith, marked Schedule "A." [That an agreed statement of facts was submitted to me, which is filed herewith marked Schedule "B."] Findings of Fact. From the documents and proceedings had herein it appears that: [Here set forth facts forming basis for report.] Conclusions of Law. [Furthermore, the precise questions here under consideration appear to have been considered and decided in the case of .... by Judge in the District of .. 1 For the foregoing reasons I am of opinion that the petition of the claimant should be granted [or denied]. I state my fee as special master at the sum of $........ and return herewith all papers in this proceeding. (All of which is respectfully submitted.) Dated 19... Special Master. |