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cordance with the principles governing a review of an award and decision by an arbitrator.

XLVIII

PROCEEDINGS UNDER SECTION 74 OF THE ACT

The following additional rules shall apply to proceedings under section 74 of the Act:

1. Notice to creditors of the proposed appointment of a custodian or receiver may, in the interests of expedition, be given by publication instead of in writing, if the court so directs.

2. If a custodian or receiver is appointed, the notice of the first meeting which he is required to prepare shall be in form approved by the referee and the date of the meeting shall be fixed by the referee.

3. If the debtor is a wage-earner or a farmer, and any happenings occur which under the provisions of subdivision (1) of said section would otherwise be followed by an order of liquidation, and the debtor does not consent to liquidation, the court shall dismiss the proceedings and notify the creditors accordingly. If a composition or extension proposal is set aside for fraud as provided in subdivision (k) of said section, the case shall be reinstated and such proceedings shall be had as upon denial of confirmation under subdivision (1).

4. The commissions of the referee and of the custodian or receiver shall not exceed those payable to referees and receivers under sections 40 and 48 of the Act in the event of a composition in bankruptcy, and the amount of the debts whose maturity is to be extended shall be included for that purpose as part of "the amount to be paid creditors" within the meaning of those sections, but if the compensation so computed shall appear to be in excess of what is fair and reasonable it shall be correspondingly reduced, the intent of this provision being that the amount of such fees shall be subject at all times to the approval of the court. If the estate is liquidated.

AGENTS. See Admiralty, 1.

ALABAMA. See Statutes, 12.

ALIENS. See Immigration Acts.

AMENDMENTS. See Judgments, 4.

AMOUNT IN CONTROVERSY. See Jurisdiction, III, 2–5.

ANTITRUST ACTS. See Clayton Act.

ARIZONA. See Jurisdiction, II, 1.

ASSESSMENT. See Constitutional Law, V, (B), 5.
ASSIGNMENT OF ERROR. See Jurisdiction, II, 19-20.
ASSUMPTION OF RISK. See Admiralty, 3-4.

ATTORNEYS FEES. See Pensions, 1-2.

AUTOMOBILES.

1. Licenses. Fee for privilege of transporting motor vehicles interstate on own wheels over highways of State for purpose of sale, sustained. Morf v. Bingaman, 407.

2. Id. Flat fee not unreasonable in amount, rather than fee based on mileage, not forbidden. Id.

3. Id. Fee not invalid because not devoted directly to highway maintenance. Id.

BANK DEPOSITS.

Situs for taxation. Wheeling Steel Corp. v. For, 193. BANKRUPTCY.

For Amendments of Bankruptcy Rules, see p. 695.

1. Powers of Congress. Act of May 24, 1934, permitting political subdivision of State to avail of Bankruptcy Act, invalid. Ashton v. Cameron County, 513.

2. Railroad Reorganization Proceedings. Right of bank to set off deposit owing railroad against railroad bonds owned by bank. Lowden v. Northwestern Bank, 160.

BANKS. See Constitutional Law, III, 3.

Right of set-off. See Bankruptcy, 2.

BITUMINOUS COAL CONSERVATION ACT.

Unconstitutional in provisions regulating labor and these inseparable from others regulating prices. Carter v. Carter Coal Co.,

BOILER INSPECTION ACT. See Employers' Liability Act, 2.

BONDS. See Bankruptcy, 2; Public Moneys.

Liability on surety bonds; priority of United States under R. S. § 3466. U. S. v. Knott, 544.

BOUNDARIES.

Appointment of special master to mark boundary. Vermont v. New Hampshire, 642.

BROKERS. See Commission Merchants, 1-2; Grain Futures Act. BURDEN OF PROOF.

Of Jurisdictional Amount. See Jurisdiction, III, 3.

CALIFORNIA. See Jurisdiction, II, 1; Safety Appliance Acts, 3. CARRIERS. See Interstate Commerce Acts.

CERTIFIED QUESTION. See Jurisdiction, II, 8.

CLAIMS.

1. Claim Against United States for general average contribution. U. S. v. Atlantic Ins. Co., 483.

2. Id. When claim accrues. Id.

3. Id. Effect of fact that damages sought are unliquidated. Id. 4. Id. Six year limitation. Id.

CLASSIFICATION. See Constitutional Law, V, (C), 1-3.

CLAYTON ACT.

1. Tying Clause in lease of patented machine violates § 2. International Machines Corp. v. U. S., 131.

2. Id. Prohibition applies to patented supplies. Id.

3. Id. Protection of good will of lessor's customers in case of patented tabulating machines requiring particular kind of cards for successful operation. Id.

4. Id. Tendency to monopoly. Id.

CLERKS OF COURT. See Criminal Law, 5.

COAL. See Bituminous Coal Conservation Act; Constitutional Law, I, 5; II, 2, 4.

COLLATERAL ATTACK. See Judgments, 1.

COLLECTIVE BARGAINING. See Constitutional Law, II, 4.

COLORADO. See Waters, 2.

COMBINATIONS. See Patents for Inventions, 2.

COMMERCE. See Constitutional Law, II, 1-11.

Decisions Denying Certiorari.

298 U.S.

Williams for petitioner. Messrs. Francis J. Wright and W. Edgar Sampson for respondent. Reported below: 81 F. (2d) 284.

No. 998. MEMPHIS NATURAL GAS Co. v. GULLY, STATE TAX COLLECTOR, ET AL.; and

No. 1025. GULLY, STATE TAX COLLECTOR, ET AL. V. MEMPHIS NATURAL GAS Co. June 1, 1936. Petitions for writs of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. Marcellus Green, Garner W. Green, T. A. McEachern, Jr., and Walter P. Armstrong for Memphis Natural Gas Co. Messrs. Greek L. Rice, J. A. Lauderdale, and Edward W. Smith for Gully. Reported below: 82 F. (2d) 150.

No. 1026. GULLY, STATE TAX COLLECTOR, ET AL. v. INTERSTATE NATURAL GAS Co. June 1, 1936. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. Edward W. Smith, Greek L. Rice, and J. A. Lauderdale for petitioners. Messrs. William A. Dougherty and David Clay Bramlette for respondent. Reported below: 82 F. (2d) 145.

No. 1009. JOHNSON ET AL. v. UNITED STATES. June 1, 1936. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied. Messrs. Wallace Muir and Francis Burke for petitioners. Solicitor General Reed, Assistant Attorney General McMahon, and Mr. Wm. W. Barron for the United States. Reported below: 82 F. (2d) 500.

No. 1012. FREEMAN V. UNITED STATES. June 1, 1936. Petition for writ of certiorari to the Circuit Court of

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