TRANSFER OF CASES.

$ 32. a In the event petitions are filed against the same person, or against different members of a partnership, in different courts of bankruptcy each of which has jurisdiction, the cases shall be transferred, by order of the courts relinquishing jurisdiction, to and be consolidated by the one of such courts which can proceed with the same for the greatest convenience of parties in interest.

CHAPTER V.

OFFICERS, THEIR DUTIES AND COMPENSATION.

CREATION OF TWO OFFICES.

§ 33. a The offices of referee and trustee are hereby created.

APPOINTMENT, REMOVAL, AND DISTRICTS OF

REFEREES.

§ 34. a Courts of bankruptcy shall, within the territorial limits of which they respectively have jurisdiction, (1) appoint referees, each for a term of two years, and may, in their discretion, remove them because their services are not needed or for other cause; and (2) designate, and from time to time change, the limits of the districts of referees, so that each county, where the services of a referee are needed, may constitute at least one district.

QUALIFICATIONS OF REFEREES.

§ 35. a Individuals shall not be eligible to appointment as referees unless they are respectively (1) competent to perform the duties of that office; (2) not holding any office of profit or emolument under the laws of the United States or of any state other than commissioners of deeds, justices of the peace, masters in chancery, or notaries public; (3) not related by consanguinity or affinity, within the third degree as determined by the common law, to any of the judges of the courts of bankruptcy

or circuit courts of the United States, or of the justices or judges of the appellate courts of the districts wherein they may be appointed; and (4) residents of, or have their offices in, the territorial districts for which they are to be appointed.

Qualifications of Referees.

The bankruptcy act of 1867 provided that no person should be eligible to the office of register in bankruptcy unless he was an attorney or counselor at law. In explanation of the phrase "office of profit or emolument," we append certain definitions and decisions which may be found useful. "Emolument" is defined by Webster as "the profit arising from office or employment; that which is received as a compensation for services, or which is annexed to the possession of an office as salary, fees, and perquisites; advantage; gain, public or private." This definition is adopted in Apple v. Crawford Co., 105 Pa. St. 300. The office of postmaster is an office both of profit and trust under the authority of congress. McGregor v. Balch, 14 Vt. 434. A member of the state legislature holds an office of profit as well as of honor. State v. Valle, 41 Mo. 29. The offices of county recorder and county commissioner are lucrative offices within the meaning of the state constitution. Dailey v. State, 8 Blackf. 329. So is the office of inspector of customs. Crawford v. Dunbar, 52 Cal. 36. And so is the federal office of surveyor general. People v. Whitman, 10 Cal. 38.

OATHS OF OFFICE OF REFEREES.

$ 36. a Referees shall take the same oath of office as that prescribed for judges of the United States courts.

NUMBER OF REFEREES.

§ 37. a Such number of referees shall be appointed as may be necessary to assist in expeditiously transacting the bankruptcy business pending in the various courts of bankruptcy.

JURISDICTION OF REFEREES.

§ 38. a Referees respectively are hereby invested, subject always to a review by the judge, within the limits of their districts as established from time to time, with jurisdiction to (1) consider all petitions referred to them by the clerks and make the adjudications or dismiss the petitions; (2) exercise the powers vested in courts of bankruptcy for the administering of oaths to and the examination of persons as witnesses and for requiring the production of documents in proceedings before them, except the power of commitment; (3) exercise the powers of the judge for the taking possession and releasing of the property of the bankrupt in the event of the issuance by the clerk of a certificate showing the absence of a judge from the judicial district, or the division of the district, or his sickness, or inability to act; (4) perform such part of the duties, except as to questions arising out of the applications of bankrupts for compositions or discharges, as are by this act conferred on courts of bankruptcy and as shall be prescribed by rules or orders of the courts of bankruptcy of their respective districts, except as herein otherwise provided; and (5) upon the application of the trustee during the examination of the bankrupts, or other proceedings, author

ize the employment of stenographers at the expense of the estates at a compensation not to exceed ten cents per folio for reporting and transcribing the proceedings.

Powers of Referees.

The proceedings before a referee in bankruptcy are to be conducted by him with the exercise of proper legal discretion, and, subject to that rule, are entirely within his con. trol. In re Hyman, 2 N. B. R. 333, Fed. Cas. No. 6,984. The validity of an order made by a register in bankruptcy, except such as the judge alone has power to make, cannot be collaterally questioned in the absence of any showing that it was disapproved by the court. Geisreiter v. Sevier, 33 Ark. 522. On the adjudication of bankruptcy, the regis ter is authorized and required to receive the surrender of the bankrupt's estate, and to keep the property safely until it can be turned over to the trustee. In re Hasbrouck, 1 Ben. 402, Fed. Cas. No. 6,189. In a proper case the register may appoint a watchman to take charge of the property. In re Bogert, 2 N. B. R. 585, Fed. Cas. No. 1,599. The register has no power, on the mere application of creditors, to issue a summons for the examination of a trustee, or for the production by him of the books and papers mentioned in the summons, where such trustee has been duly appointed by the creditors (pursuant to section 43 of the act of 1867) to settle up the estate. In re Hicks, 2 Fed. 851.