Returns; fees of clerk, referee, etc. - Rules 18-20

Rule XVIII. Clerk to transmit papers to the referee

The clerk shall transmit all proofs of claims and other papers filed with him, under General Order No. XX, subsequent to the reference, to the referee, except such papers which, by the terms of said general order, are required to be filed with the clerk alone.

Rule XIX. Filing of returns, reports, adjudications, bonds, etc.

All returns and reports from referees or other officers of the court shall be directed to the clerk of the court at Buffalo, N. Y., and all returns and reports which by law or the general orders are required to be made to the judge, shall be directed to him in care of the clerk at Buffalo, N. Y.

It shall be the duty of the referee to transmit to the clerk forthwith all adjudications made during the absence of the judge, and all bonds of trustees, and the orders approving the same, within five days of the approval thereof. The referee shall retain in his possession the papers and records until said case is finally closed. He shall then, within five days, transmit his record book, and all papers in the case, to the clerk, together with a certificate specifying that the case is closed.

Rule XX. Fees of clerk, referee and trustee, when paid

The trustee's fee of five dollars, deposited with the clerk, shall be paid to the trustee upon the certificate of the referee that the services of the trustee have been actually rendered and that the case has been closed. He shall be paid such commissions as may be allowed by the referee under section 48 of the act as amended, upon the order of the referee, at the time the dividend is made. The referee shall be paid his commissions at the same time. In case no trustee is appointed, as provided in General Order

Powers of referee - Rules 21, 22

No. XV, the clerk shall, upon the certificate of the referee, return the five dollar deposit to the petitioner or his attorney.

The clerk shall pay to the referee the fifteen dollars deposited as fees of the referee upon receiving the latter's certificate that the case has been closed and that his services have been rendered. Where there are no assets the case shall be deemed closed for the purpose of the payment of said fees to the referee and trustee when a discharge has been granted or refused to the bankrupt. If no application for a discharge has been made the case shall be deemed closed at the expiration of two months from the date of the adjudication. In cases where there are assets the case shall be deemed closed upon the confirmation of a composition or the payment of the final dividend.

Rule XXI. Money drawn by countersigned checks

When money is deposited in the name of the clerk of the court, or of a trustee, it shall not be drawn unless by check 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 XXII. Referees to direct prosecution and defense of suits and allow amendments

The referee may direct the prosecution and the defense of suits by the trustees 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 XXIII. 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 temporary 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 XXIV. 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 administration or rejection thereof, and shall note on the record all objections, the rulings

Powers of referees Rules 25-27

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 XXV. 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. 6, 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 XI of this court.

Rule XXVI. 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 XXVII. 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 re

spective 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 XXVIII

The referees heretofore or hereafter appointed for the western district of New York are hereby, respectively, vested with the jurisdiction which, by the Bankruptcy Act of July 1, 1898, and its amendments, 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.

Rule XXIX

The issues under Rules IX and XII shall be referred to 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 special master before proceeding with the hearing. In case the petition in an involuntary proceedings be dismissed 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.