within ten days after each case has been closed pay to the referee, if the case was referred, the fee collected for him, and to the trustee the fee collected for him at the time of filing the petition.

A fee of $10 is to be deposited with the clerk at the time the petition is filed in each case, except when not required from a voluntary bankrupt, for the purpose of paying the referee in addition to his commission, after his services have been rendered. (Sec. 40, a.) A fee of $5 is deposited with the clerk at the time the petition is filed in each case, except when not required from a voluntary bankrupt, which is to be paid the trustee in addition to his commission upon the completion of his service. (Sec. 48, a.)

Clerks of United States courts are, under section 828, Revised Statutes, entitled to charge ten cents a folio (one hundred words) for making copies of papers on file, or of any entry or record. For a certificate the fee is fifteen cents, and for affixing the seal of the court twenty cents. In the districts of Oregon, Nevada, Northern and Southern California, North Dakota, and the territories of New Mexico and Arizona, the clerks are entitled to charge double fees.

In line with the statutes of many states permitting suits to be instituted without first requiring security for costs, a voluntary bankrupt unable to pay the necessary filing fee may, nevertheless, file his petition when accompanied by his affidavit setting forth his inability to pay such referee. See also act of July 20, 1892 (2 Supp. U. S. Rev. Stat. 41), authorizing suits in United States courts without prepayment of fees or costs, upon the filing of an affidavit of inability to pay the same. The judge, at any time during the pendency of bankruptcy proceedings, may order these fees to be paid out of the estate, or may, after notice to the bankrupt and satisfactory proof that he then has or can obtain the money with which to pay the fees, order him to pay them, and on default dismiss the petition. (Orders XXXV.) Before incurring any expenses, the clerk, marshal or referee may require from the bankrupt, or the person in whose behalf the duty is performed, indemnity for such expenses. (Orders X.) The referee is required to transmit to the clerk such papers as may be on file before him, whenever the same are needed in any proceedings in courts (sec. 39-8), and transmit to the clerk the records required to be kept by him when the cases are concluded (sec. 39–7), and when his office is in the same city where the court of bankruptcy convenes, call upon and receive from the clerk all of the papers filed therein which have been referred to him. (Sec. 39-10.)

Bonds of referees, trustees and designated depositories are to be filed of record in the office of the clerk of the court. (Sec. 50, b.)

Clerks are required to keep a docket of the cases brought under the act. (Orders L)

Sec. 52. Compensation of clerks and marshals.-a. Clerks shall respectively receive as full compensation for their service to each estate, a filing fee of ten dollars, except when a fee is not required from a voluntary bankrupt.

[Act of 1867. SEC. 47. That in each case there shall be allowed and paid, in addition to the fees of the clerk of the court as now established by law, or as may be established by general order, under the provisions of this act, for fees in bankruptcy, the following fees, which shall be applied to the payment for the services of the registers: (Here follows specification of fees.)]

Under this provision the fees of clerks are limited absolutely to the filing fee of $10, and no charge can be made for issuing writs or summons, subpoenas, filing and entering papers, and the many other characters of service for which trivial fees are allowed by law in other litigations. But such fees do not cover copies of papers furnished to other persons or expenses necessarily incurred in publishing or mailing notices or other papers. (Orders XXXV.)

b. Marshals shall respectively receive from the estate where an adjudication in bankruptcy is made, except as herein otherwise provided, for the performance of their services in proceedings in bankruptcy, the same fees, and account for them in the same way, as they are entitled to receive for the performance of the same or similar services in other cases in accordance with laws now in force, or such as may be hereafter enacted, fixing the compensation of marshals.

[Act of 1867. SEC. 47. Before any dividend is ordered, the assignee shall pay out of the estate to the messenger the following fees, and no more: (Here follows specification of fees.)

For cause shown, and upon hearing thereon, such further allowance may be made as the court, in its discretion, may

determine.

The enumeration of the foregoing fees shall not prevent the judges, who shall frame general rules and orders in accordance with the provisions of section ten, from prescribing a tariff of fees for all other services of the officers of courts of bankruptcy, or from reducing the fees prescribed in this section in classes of cases to be named in their rules and orders.]

As under the act of 1867 marshals received compensation as such and also as messengers, the provision as to messengers' fees in the earlier act is here inserted, although under the present law no provision is made for the service of messengers.

By the act of May 28, 1898 (2 Supp. R. S. 479), marshals are placed upon an annual salary, but the fees taxable under existing law for services are fixed by section 829, United States Revised Statutes, and are to be accounted for and turned into the treasury of the United States. They must make return under oath of the actual and necessary expenses in the service of warrants addressed to them and of other services performed. (Orders XIX.)

Marshals must present vouchers for the items charged in their accounts, or produce satisfactory reasons for the absence of same. (In re Comstock et al., 9 N. B. R. 88; Fed. Cas. 3075.) A marshal's affidavit of expenses should state that they were actually incurred and are just and reasonable. (In re Lowenstein, 3 N. B. R. 65; 3 Ben. 422; Fed. Cas. 8572.) When a taxation is made it is conclusive, and the marshal is entitled to receive the fees taxed in his favor, unless there is fraud or bad faith on his part. (In re Rein, 13 N. B. R. 551; 8 Ben. 384; Fed. Cas. 11678.) If the marshal has two or more processes in his hands at the same time and in the same proceeding, which may be served at the same time and place, mileage can only be charged once; but if the service of any one of such processes makes additional travel necessary, he may charge for such additional travel. (In re Donahoe et al., 8 N. B. R. 453; Fed. Cas. 3979.)

Sec. 53. Duties of Attorney-General.-a. The AttorneyGeneral shall annually lay before Congress statistical tables showing for the whole country, and by States, the number of cases during the year of voluntary and involuntary bankruptcy; the amount of the property of the estates; the dividends paid and the expenses of administering such estates; and such other like information as he may deem important.

Sec. 54. Statistics of bankruptcy proceedings.—a. Officers shall furnish in writing and transmit by mail such information as is within their knowledge, and as may be shown by the records and papers in their possession, to the AttorneyGeneral, for statistical purposes, within ten days after being requested by him to do so.

CHAPTER VI.

CREDITORS.

Sec. 55. Meetings of creditors.-a. The court shall cause the first meeting of the creditors of a bankrupt to be held, not less than ten nor more than thirty days after the adjudication, at the county seat of the county in which the bankrupt has had his principal place of business, resided, or had his domicile; or if that place would be manifestly inconvenient as a place of meeting for the parties in interest, or if the bankrupt is one who does not do business, reside, or have his domicile within the United States, the court shall fix a place for the meeting which is the most convenient for parties in interest. If such meeting should by any mischance not be held within such time, the court shall fix the date, as soon as may be thereafter, when it shall be held.

A bankrupt is required to attend the first meeting of his creditors, if directed by the court or a judge thereof to do so, and the hearing upon his application for a discharge if filed, and, when present at the first meeting or at such other time as the court shall order, submit to an examination concerning the conduct of his business, the cause of his bankruptcy, his dealings with his creditors and other persons, the amount, kind and whereabouts of his property, and, in addition, all matters which may affect the administration and settlement of his estate, though he is not required to attend such meetings at a place more than one hundred and fifty miles distant from his home or principal place of business, unless ordered by the court, and he shall be paid his actual expenses from the estate when examined or required to attend at any place other than the city, town or village of his residence. (Sec. 7.) Creditors holding such claims which are secured or have priority shall not, in respect to such claims, be entitled to vote at creditors' meetings. (Sec. 56, b.) Claims of secured creditors and of those who have priority may be allowed to enable such creditors to participate in the proceedings at the creditors' meetings held prior to the determination of the value of their securities or priorities. (Sec. 57, e.) At the first meeting of the creditors after the adjudication or after a vacancy has occurred in the office of trustee, or

after the estate has been re-opened, a composition set aside or discharge revoked, they should appoint one or three trustees of such estate (sec. 44), and fix the amount of their bond, which may at any time be increased. (Sec. 50, c.) Creditors are entitled to at least ten days' notice by mail, from the referee to their respective addresses, of all meetings of creditors, in addition to which notice of the first meeting must be published at least once, and as many times additional as the court may direct, the last publication to be at least one week prior to the date fixed for the meeting. (Sec. 58.)

First meeting.- The term "first meeting," employed in section 13 of the act of 1867, does not mean the actual first assembling of creditors, but refers to the meeting called to choose an assignee, whether it be held on the day designated in the notice or on the day to which it adjourns, and is used in contradistinction to the terms "second meeting" and "third meetings. (In re Phelps et al., 1 N. B. R. 139; 2 Amer. Law T. Rep. Bankr. 25; Fed. Cas. 11071.) There can be only one "first meeting," and all adjournments are a continuance of the same. If objection to the appointment of an assignee is made at that stage, it is considered as continuing, and the register cannot appoint unless the objection is actually withdrawn. (In re Norton, 6 N. B. R. 297; Fed. Cas. 10348.) This “first meeting" should be organized at the hour designated in the official notice, and should be kept open until an assignee is chosen or it is ascertained that no choice can be made. (In re Phelps et al., 1 N. B. R. 139; 2 Amer. Law T. Rep. Bankr. 25; Fed. Cas. 11071.)

Adjournments.- Registers with the exercise of proper legal discre tion have entire control over proceedings pending before them, including the power to grant or refuse adjournments and postponements (In re Hyman, 2 N. B. R. 107; 3 Ben. 28; 36 How. Pr. 282; Fed. Cas. 6984; In re Chemy et al., 19 N. B. R. 16; Fed. Cas. 2637); but he has no authority to adjourn a meeting where a warrant was issued in a case returnable on a certain day, but because of yellow fever he was prevented from attending at that time, and he made orders of adjournment and forwarded them to his assistant, he being absent from the city. (In re Dickinson, 18 N. B. R. 514; 26 Pittsb. Leg. J. 143; Fed. Cas. 3895.)

b. At the first meeting of creditors the judge or referee shall preside, and, before proceeding with the other business, may allow or disallow the claims of creditors there presented, and may publicly examine the bankrupt or cause him to be examined at the instance of any creditor.