shall be approved by such courts, conditioned for the faithful performance of their official duties. b. Trustees, before entering upon the performance of their official duties and within ten days after their appointment, or within such further time not to exceed five days, as the court may permit, shall respectively qualify by entering into bond to the United States, with such sureties as shall be approved by the courts, conditioned for the faithful performance of their official duties. c. The creditors of a bankrupt estate, at their first meeting after the adjudication, or after a vacancy has occurred in the office of trustees, or after an estate has been reopened, or after a composition has been set aside or a discharge revoked if there is a vacancy in the office of trustee, shall fix the amount of the bond of the trustee; they may at any time increase the amount of the bond. If the creditors do not fix the amount of the bond of the trustee as herein provided the court shall do so. d. The court shall require evidence as to the actual value of the property of sureties. e. There shall be at least two sureties upon each bond. f. The actual value of the property of the sureties, over and above their liabilities and exemptions, on each bond shall equal at least the amount of such bond. g. Corporations organized for the purpose of becoming sureties upon bonds, or authorized by law to do so, may be accepted as sureties upon the bonds of referees and trustees whenever the courts are satisfied that the rights of all parties in interest will be thereby amply protected. h. Bonds of referees, trustees and designated depositories shall be filed of record in the office of the clerk of the court and may be sued upon in the name of the United States for the use of any person injured by a breach of their conditions. i. Trustees shall not be liable, personally or on their bonds, to the United States, for any penalties or forfeitures incurred by the bankrupts under this act, of whose estates they are respectively trustees. j. Joint trustees may give joint or several bonds. k. If any referee or trustee shall fail to give bond, as herein provided and within the time limited, he shall be deemed to have declined his appointment, and such failure shall create a vacancy in his office. 1. Suits upon referees' bonds shall not be brought subsequent to two years after the alleged breach of the bond. m. Suits upon trustees' bonds shall not be brought subsequent to two years after the estate has been closed. § 50 of act July 1, 1898, c. 541, 30 Stat. 558, U. S. Comp. Stat. 1901, 3439. P. § 2259. Additional compensation to referees and trustees forbidden. That neither the referee nor the trustee shall in any form or guise receive, nor shall the court allow them, any other or further compensation for their services than that expressly authorized and prescribed in this act. § 72, act July 1, 1898, c. 541, added Feb. 5, 1903, c. 487, § 18, 32 Stat. 800, U. S. Comp. Stat. 1905, p. 691. A previous section prescribes what is covered by the trustee's compensation.10 10 Ante, § 2252. CHAPTER 65. PETITION AND ADJUDICATION. § 2269. Petition to be in duplicate. § 2270. plainly printed or written-abbreviations and interlineations. § 2271. Schedules of bankrupt property to be filed. No dismissal of petition without notice to creditors. proceedings where petition by less than three creditors controverted. § 2273. § 2274. § 2275. What creditors may file involuntary petitions. § 2276. § 2277. § 2278. § 2279. § 2280. —relatives excluded in computing number of creditors. § 2281. § 2282. pleadings to be verified. -proceedings where two petitions filed-priority and consolidation. § 2283. -petitions in different districts, priorities, amendments and trans § 2294. § 2295. Right of partner to resist voluntary petition by partnership. Bankrupt to submit to examination-exemption from criminal prosecution. § 2296. when required to attend-actual expenses when paid. § 2269. Petition to be in duplicate. Petitions shall be filed in duplicate, one copy for the clerk and one for service on the bankrupt.[a]-[b] Clause c, of § 59, act July 1, 1898, c. 541, 30 Stat. 561, U. S. Comp. [a] Petition to be in duplicate. This provision means that one petition in the form of two duplicate originals shall be filed, and where only one original is filed within the prescribed time the court has no authority to allow the filing of the other thereafter. The petition should be filed with the clerk and not sent directly to the judge. It is deemed "filed" when personally delivered to the clerk and received by him for the purpose of being kept on file, though not at his office nor during office hours; 4 and it is his duty to receive and file it, although there is a vacancy in the office of the district judge.5 The objection that the petitioner failed to file a duplicate copy is waived by an answer within the prescribed time.6 [b] Involuntary petition-what to contain. In involuntary proceedings the petition should be filed within four months of the commission of the act of bankruptcy. So, a petition filed more than four months after the recording of a preferential transfer is too late.10 In the eastern district of North Carolina printed forms are prescribed and the court will not consider petitions unless so made out.11 This rule, however, is apparently in conflict with the following section. The procedure where two or more petitions are filed against the same debtor, in different districts, is set forth in a following section.12 The petition must state the nature of the petitioner's claims,13 and must show that the bankrupt is not one of the excepted class,14 either by a direct negative averment or by a positive statement as to his business,15 and the petition is demurrable if such fact does not appear,16 but may be cured by amendment.17 It must allege that the defendant owes debts to the amount of at least one thousand dollars, 18 and the omission of such allegation leaves the court without jurisdiction.19 Allegations as to acts of bankruptcy should be stated with reasonable and sufficient certainty,20 the petitioners being bound to made as full disclosures as their information will permit.1 Thus the specific act relied upon should be stated, 1 In re Stevenson. 94 Fed. 116. 4 In re Von Borcke. 94 Fed. 352. 5In re Urban etc. Co. 132 Fed. 140. 6In re Plymouth etc. Co. 135 Fed. 1000, 68 C. C. A. 434. 3See $3 (5) b, Banker Act, 1898; see also Rex Buggy Co. v. Hearick, 132 Fed. 310. 10 See In re Bogen, 134 Fed. 1019. 2283. 13In re White, 135 Fed. 201. 14 See ante, § 2226, 2227, as to who may become bankrupts, voluntary and involuntary. 15 In re White, 135 Fed. 201; see also In re Brett, 130 Fed. 981; In re Callison, 130 Fed. 987; In re Mero, 128 Fed. 630; Beach v. Grocery Co. 120 Fed. 736, 57 C. C. A. 150; Rise v. Bordner, 140 Fed. 566. 16In re Taylor, 102 Fed. 728, 42 C. C. A. 1. 17 Beach v. Grocery Co. 120 Fed. 736, 57 C. C. A. 150. 18Taft Co. v. Bank, 141 Fed. 369, (C. C. A.) 19Taft Co. v. Bank, 141 Fed. 369, (C. C. A.) 20In re Nelson, 98 Fed. 76; In re Cliffe, 94 Fed. 354. 1 In re Blumberg, 133 Fed. 845. with the time, place and circumstances, and an allegation that property was transferred with intent to defraud creditors, should state the facts, showing such intent.3 If a preference is alleged the names of the preferred creditors should be set forth if known.4 A petition setting forth the act of bankruptcy in the statutory language only is apparently insufficient, as the bankrupt has a right to know what particular issue he will be expected to meet.6 It must appear also that the claims of the petitioners aggregate $500 or over, and where it does not the court cannot allow an amendment joining other creditors to make up the deficit.8 § 2270.- plainly printed or written abbreviation and interlineations. All petitions and the schedules filed therewith shall be printed or written out plainly, without abbreviation or interlineation, except where such abbreviation and interlineation may be for the purpose of reference. Fifth order in bankruptcy in force Jan. 2, 1899. § 2271. Schedule of bankrupt property to be filed. The bankrupt shall prepare make oath to and file in court within ten days, unless further time is granted, after the adjudication, of an involuntary bankrupt, and with the petition of a voluntary bankrupt, a schedule of his property, showing the amount and kind of property, the location thereof, its money value in detail, and a list of his creditors, showing their residences if known, if unknown that fact to be stated, the amount due each of them, the consideration thereof, the security held by them, if any, and a claim for such exemptions as he may be entitled to, all in triplicate, one copy of each for the clerk, one for the referee and one for the trustee. Clause 8, § 7, act July 1, 1898, c. 541, 30 Stat. 548, U. S. Comp. Stat. 1901, p. 3425. The form of schedule as prescribed by the Supreme Court is set forth in the appendix. All property should be scheduled.13 If exempt the exemption should be stated.14 The list of debts should be set forth, including partnership debts, where a firm member seeks discharge from 2See Clark v. Henne, 127 Fed. 288, 62 C. C. A. 172; In re Nelson. 98 Fed. 76. 3In re White, 135 Fed. 199. 4In re Lackow, 140 Fed. 573. In re Hark, 135 U. S. 605; but see In re Bellah, 116 Fed. 69. |