CONGRESS. (UNIFORM SYSTEM OF BANKRUPTCY.) 



201 



" b. Whenever a case is transferred from one 

 referee to another, the judge shall determine the 

 proportion in which the fee and commissions there- 

 for shall be divided between the referees. 



"c. In the event of the reference of a case being 

 revoked before it is concluded, and when the case is 

 specially referred, the judge shall determine what 

 part of the fee and commissions shall be paid to the 

 referee. 



"SEC. 41. Contempts before referees. a. A per- 

 son shall not, in proceedings before a referee, (1) 

 disobey or resist any lawful order, process, or writ ; 

 (2) misbehave during a hearing or so near the place 

 thereof as to obstruct the same ; (3) neglect to pro- 

 duce, having been ordered to do so, any pertinent 

 document ; or (4) refuse to appear after having been 

 subpoenaed, or, upon appearing, refuse to take the 

 oath as a witness, or, after having taken the oath, 

 refuse to be examined according to law ; Provided, 

 That no person shall be required to attend as a wit- 

 ness before a referee at a place outside of the State 

 of his residence, and more than 100 miles from such 

 place of residence, and only in case his lawful milc- 

 age and fee for one day's attendance shall be first 

 paid 'or tendered to him. 



" b. The referee shall certify the facts to the judge, 

 if any person shall do any of the things forbidden 

 in this section. The judge shall thereupon, in a 

 summary manner, hear the evidence as to the acts 

 complained of, and, if it is such as to warrant him 

 in so doing, punish such person in the same manner 

 nn<l to the same extent as fora contempt committed 

 before the court of bankruptcy, or commit such 

 person upon the same conditions as if the doing of 

 the forbidden act had occurred with reference to 

 the process of, or in the presence of, the court. 



" SEC. 42. Records of referees. a. The records of 

 all proceedings in each case before a referee shall bo 

 kept as nearly as may be in the same manner as 

 records are now kept in equity cases in circuit courts 

 in the United States. 



' b. A record of the proceedings in each case shall 

 be kept in a separate book or books, and shall, to- 

 gether with the papers on file, constitute the records 

 of the case. 



"c. The book or books containing a record of the 

 proceedings shall, when the case is concluded before 

 the referee, be certified to by him, and, together 

 with such papers as are on file before him, be trans- 

 mitted to the court of bankruptcy and shall there 

 remain as a part of the records of the court. 



"SEC. 43. Referee's absence or disability. a. When- 

 ever the office of a referee is vacant, or its occupant 

 is absent or disqualified to act, the judge may act, 

 or may appoint another referee, or another referee 

 holding an appointment under the same court may, 

 by order of the judge, temporarily fill the vacancy. 



"SEC. 44. Appointmentoftruste.es. a. The cred- 

 itors of a bankrupt estate shall, at their first meet- 

 ing after the adjudication or after a vacancy has 

 occurred in the office of trustee, or after an estate 

 has been reopened, or after a composition has been 

 set aside or a discharge revoked, or if there is a va- 

 cancy in the office of trustee, appoint one trustee or 

 three trustees of such estate. If the creditors do 

 not appoint a trustee or trustees as herein provided, 

 the court shall do so. 



" SEC. 45. Qualifications of trustees. a. Trustees 

 may be (1) individuals who are respectively compe- 

 tent to perform the duties of that office, and reside 

 or have an office in the judicial district within which 

 they are appointed, or (2) corporations authorized 

 by their charters or by law to act in such capacity 

 and having an office in the judicial district within 

 which they are appointed. 



"SEC. 46. Death or removal of trustees. a. The 

 death or removal of a trustee shall not abate any 



suit or proceeding which he is prosecuting or de- 

 fending at the time of his death or removal, but the 

 same may be proceeded with or defended by his 

 joint trustee or successor in the same manner as 

 though the same had been commenced or was being 

 defended by such joint trustee alone or by such suc- 

 cessor. 



"SEC. 47. Duties of trustees. a. Trustees shall 

 respectively (1) account for and pay over to the 

 estates under their control all interest received by 

 them upon property of such estates ; (2) collect and 

 reduce to money the property of the estates for 

 which they are trustees, under the direction of 

 the court, and clo.<:e up the estate as expeditiously 

 as is compatible with the best interests of the par- 

 ties in interest; (3) deposit all money received by 

 them in one of the designated depositories ; (4) dis- 

 burse money only by check or draft on the depos- 

 itories in which it has been deposited ; (5) fur- 

 nish such information concerning the estates of 

 which they are trustees and their administration 

 as may be requested by parties in interest ; (6) keep 

 regular accounts showing all amounts received and 

 from what sources and all amounts expended and 

 on what accounts: (7) lay before the final meeting 

 of the creditors detailed statements of the ad- 

 ministration of the estates; (8) make final reports 

 and file final accounts with the courts fifteen 

 days before the days fixed for the final meetings 

 of the creditors : (9) pay dividends within ten days 

 after they are declared by the referees ; (10) report 

 to the courts, in writing, the condition of the 

 estates and the amounts of money on hand, and such 

 other details as may be required by the courts, with- 

 in the first month after their appointment and every 

 two months thereafter, unless otherwise ordered by 

 the courts ; and (11) set apart the bankrupt's exemp- 

 tions and report the items and estimated value 

 thereof to the court as scon as practicable after their 

 appointment. 



" b. Whenever three trustees have been appointed 

 for an estate, the concurrence of at least two of them 

 shall be necessary to the validity of their every act 

 concerning the administration of the estate. 



" SEC. 48. Compensation of trustees. a. Trustees 

 shall receive, as full compensation for their services, 

 payable after they are rendered, a fee of $ 5 depos- 

 ited with the clerk at the time the petition is filed 

 in each case, except when a fee is not required from 

 a voluntary bankrupt, and from estates which they 

 have administered, such commissions on sums to be 

 paid as dividends and commissions as may be al- 

 lowed by the courts, not to exceed 3 per cent, on the 

 first $5,000 or less, 2 per cent, on the second $5,000 

 or part thereof, and 1 per cent, on such sums in ex- 

 cess of $10,000. 



" b. In the event of an estate being administered 

 by three trustees instead of one trustee or by suc- 

 cessive trustees, the court shall apportion the fees 

 and commissions between them according to the 

 services actually rendered, so that there shall not be 

 paid to trustees for the administering of any estate 

 a greater amount than one trustee would be entitled 

 to. 



" c. The court may, in its discretion, withhold all 

 compensation from any trustee who has been re- 

 moved for cause. 



" SEC. 49. Accounts and papers of trustees. a. 

 The accounts and papers of trustees shall be open to 

 the inspection of officers and all parties in interest. 



"SEC. 50. Bonds of referees and trustees. a. Ref- 

 erees, before assuming the duties of their office, 

 and within such time as the district courts of the 

 United States having jurisdiction shall prescribe, 

 shall respectively qualify by entering into bond to 

 the United State's in such sum as shall be fixed by 

 such courts, not to exceed $5,000, with such sureties 



