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Embodying the full text of the Act of Congress of 1898,
and annotated with references to pertinent

decisions under former statutes

By H. CAMPBELL BLACK
Author of "Black's Law Dictionary," and of Treatises on "Judgments,"
"Tax Titles," Constitutional Law," "Statutory Construction,"

"Removal of Causes," "Intoxicating Liquors," etc.

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St. Paul, MINN.
WEST PUBLISHING CO.

1898

COPYRIGHT, 1898,

BY

HENRY CAMPBELL BLACK.

231829

Published July 9, 1998.

First reprint July 14, 1898.
Second reprint July 19, 1898.

PREFACE.

The following pages contain a complete and verbatim copy of the National Bankruptcy Act of 1898, with annotations em. bodying the substance of all the decisions rendered under former acts of congress on the same subject which are pertinent and likely to prove of value or importance under the provisions of the new statute.

While the endeavor has been to make the annotations as full as practicable throughout, special prominence has been given to the elucidation of those questions which will probably first come before the courts for settlement-questions, that is, of jurisdiction, of procedure, of the persons and corporations entitled to take advantage of the law, or liable to be proceeded against under it, and in regard to the acts of bankruptcy upon which a petition in involuntary cases may be founded.

It will be proper to add that the volume now offered to the profession represents the fruits of the author's study and research extending over a period of many years.

H. C. B. (v)

TABLE OF CONTENTS. .

CHAPTER I.

DEFINITIONS.
Section
1. Meaning of Words and Phrases.

Page

1

CHAPTER II.

OREATION OF COURTS OF BANKRUPTCY AND THEIR JU-

RISDICTION.

($ 2, p. 5.)

CHAPTER III.

BANKRUPTS.

16
25
40
48
53
57

58

3. Acts of Bankruptcy....
4. Who May Become Bankrupts.
5. Partners
6. Exemptions of Bankrupts..
7. Duties of Bankrupts...
8. Death or Insanity of Bankrupts.
9. Protection and Detention of Bankrupts.
10. Extradition of Bankrupts.....
11. Suits By and Against Bankrupts.
12. Compositions, when Confirmed...
13. Compositions, when Set Aside.
14. Discharges, when Granted..
15. Discharges, when Revoked.
16. Co-Debtors of Bankrupts.
17. Debts not Affected by a Discharge..
BL. BANK.

(vi)

60
61
69
76
77
91
91
95
.141
.141
.111
12

CHAPTER IV.

COURTS AND PROCEDURE THEREIN.
Section
18. Process, Pleadings, and Adjudications...
19. Jury Trials
20. Oaths, Affirmations
21. Evidence
22. Reference of Cases after Adjudication.....
23. Jurisdiction of United States and State Courts.
24. Jurisdiction of Appellate Courts.
25. Appeals and Writs of Error....
26. Arbitration of Controversies...
27. Compromises
28. Designation of Newspapers.
29. Offenses
30. Rules, Forms, and Orders...
31. Computation of Time...
32. Transfer of Cases...

Page
.106
.118
119
.120

122
123
.131

. 131

131
13.)
. 136
..136

. 139
..139
.140

CHAPTER V.

OFFICERS, THEIR DUTIES AND COMPENSATION.

113
143
145
.146

33. Creation of Two Offices...
34. Appointment, Removal, and Districts of Referees.
35. Qualifications of Referees....
36. Oaths of Office of Referees.
37. Number of Referees....
38. Jurisdiction of Referees.
39. Duties of Referees..
40. Compensation of Referees.
41. Contempts before Referees..
42. Records of Referees...
43. Referee's Absence or Disability.
44. Appointment of Trustees. ...
45. Qualifications of Trustees...
46. Death or Removal of Trustees.
47. Duties of Trustees...
48. Compensation of Trustees

.117
.118
.148
113
1.52
.1.53
131
164

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