signed by said clerk or trustee, having on its face the number and title of the cause and countersigned by the referee in charge. All checks must conform to this rule and also to the requirements of General Order No. XXIX. The clerk shall furnish to the depositories a copy of said general order and also a copy of this rule.

Rule XX. Referees to direct prosecution and defense of suits and allow amendments

с

The referee may direct the prosecution and the defense of suits by the trustee as provided in subdivisions c and d of section 11 of the act. He may allow amendments to the pleadings and papers which do not involve jurisdictional defects in all matters pending before him, and he shall, in the first instance, have full power and authority over the proof and allowance of claims as provided by section 57 of the act and General Order No. XXI. When a petition referred to a referee is insufficient upon its face to confer jurisdiction he shall return the same to the clerk with a statement of the defects noted thereon, and no further proceedings shall be had thereon until a new or amended petition remedying such defects is filed with the clerk.

The referee may, upon his own motion, direct that the schedules be made more definite and certain by requiring the street and number to be given where a creditor resides in a city, and the referee may direct that the bankrupt furnish any other information regarding his property or his creditors which the referee may deem essential.

Rule XXI. Referees to grant stays

When a motion for an injunction is pending or is about to be made the referee may, in order to prevent injury to the property of the bankrupt, or otherwise, grant a tem

Examinations of referees- Rules 22, 23

porary restraining order staying proceedings until the hearing and decision of said motion. In case all parties in interest agree that said motion be heard by the referee in charge, they may file with the referee a written stipulation to that effect. The decision of the referee on such motion shall be filed with the clerk, and if the referee decides that an injunction shall issue, an order to that effect may be made by the judge.

Rule XXII. Referees may pass upon relevancy of testimony and confine examinations within reasonable limits Referees may pass upon the competency, materiality and relevancy of evidence in matters properly before them for investigation, and shall have all the powers of the judge concerning the admission or rejection thereof, and shall note on the record all objections, the rulings thereon and the exceptions which may be taken; and in cases where testimony is excluded they shall note a brief statement by the party offering the same of the facts he expects to prove thereby. Referees shall limit the inquiry before them to relevant and material matters, and in case an examination or a cross-examination is unnecessarily prolix, or improperly prolonged, the referee may, in his discretion, limit the time of such examination; or he may impose costs, including the fees of the stenographer and other expenses, upon the party responsible for the improper prolongation.

Rule XXIII. Hearing of question certified by referee

After a question has been certified by the referee pursuant to General Order No. XXVII and as provided in Form No. 56, the papers shall be filed with the clerk and the hearing may be brought on before the judge upon any court day by either party by giving the usual notice provided in Rule II of this court.

Rule XXIV. Claims need not be approved where there are no assets

In cases which show no assets the referee need not formally approve or disallow any claims filed with him, except on special request or motion, but such claims shall be returned with the papers to the clerk at the conclusion of the case. If, in such a case, assets sufficient to pay a dividend are discovered by the trustee, such claims shall be allowed, continued or disallowed by the referee at the first meeting of creditors after it is determined that such estate will pay a dividend.

Rule XXV. Referees may make rules in proceedings before them

Referees may make other general or special rules for the guidance of proceedings before them within their respective territorial jurisdictions and may from time to time alter and amend the same, provided that such rules shall not be inconsistent with the provisions of the act, with the general orders of the Supreme Court or with these rules.

Rule XXVI. Powers delegated to referees

The referees heretofore or hereafter appointed for the northern district of New York are hereby, respectively, vested with the jurisdiction which, by the Bankruptcy Act of July 1, 1898, and the general orders of the Supreme Court, promulgated at the October term of 1898, the court or judge may delegate to or confer upon said referees; and they are, respectively, empowered and authorized to do all acts, take all proceedings, make all orders and decrees, and perform all duties so authorized to be delegated by said act, and said general orders, without special authority in each case and under the general authority conferred by this order.

Rules applicable; fees Rules 27-30

Rule XXVII. Special order of judge

In cases not provided for by the Bankruptcy Act of 1898, the general orders, or these rules, the practice of the district court shall be subject to the special order of the district judge, which order shall be followed even though it may conflict with these rules.

Rule XXVIII. Rules under act of 1867, when applicable

The rules adopted by this court under the act of 1867, where they are not inconsistent with these rules, the provisions of the act of 1898, and the general orders of the Supreme Court, shall be followed as far as applicable.

Rule XXIX. Revocation of former rules

The order, dated July 29, 1898, conforming the practice under the Bankruptcy Act of 1898, to the practice under the Bankruptcy Act of 1867, the order of the same date regulating the practice in counties where a referee had not been appointed or a newspaper designated, and the order of October 10, 1898, fixing the times for holding special sessions of the court are, and each of them is, hereby vacated.

Rule XXX. Fees of referee as special master

The issues under Rules VIII and XI shall be referred to the referee as a special master and he shall be entitled to receive for his services five dollars for each day actually spent in hearing such reference and preparing his report. Such sum shall be chargeable in the first instance to the party opposing the adjudication, discharge or composition, respectively, and indemnity may be demanded by the referee before proceeding with the hearing. In case the petition in an involuntary proceeding be dismissed

Receivers; composition - Rules 31, 32

with costs such sum may be taxed against the petitioning creditors.

If a composition is not confirmed or is set aside such sum may, in the discretion of the court, be ordered paid by the trustee.

In other cases when matters are referred to the referee as a special master, requiring services not devolving upon him, by virtue of his office, he shall receive a like compensation which shall be chargeable in the first instance to the party bringing on the reference and shall be paid by the party ultimately defeated in such reference. Should such reference, in the cases last referred to be unusually difficult or extraordinary, a higher rate of compensation may be paid if stipulated by both parties and sanctioned by the judge.

Rule XXXI. Referees not to appoint receivers, etc.

Referees in bankruptcy in this district will not appoint receivers or exercise jurisdiction over or make orders for the direction of receivers appointed by the court, nor will they in any case make an order relating to the disposition of the property in the hands of such receivers or in relation to the accounts of such receivers. All such matters must be brought to the attention of the court appointing the receiver.

Rule XXXII. Confirmation of composition

In all cases of composition, the application for confirmation with notice and proofs of service must be accompanied by a report from the referee, the offer and acceptances and the certificate of the depository, setting forth the date when the petition was filed, the amount and place of deposit, the names of all the creditors whose claims are allowed and the amount of same and the