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SEC. 29. . The bankrupt may apply to the court for a discharge from his debts, and the court shall thereupon order notice to be give by mail to all creditors who have proved their debts, and by publication at least once a week in such newspapers as the court shall designate.

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Notices and orders which are not by the act or by the General Orders required to be served on the party personally may be served upon his attorney. (Orders IV.) The creditor may request that all notices to which he is entitled be sent him at any designated place, and all notices shall be so addressed until otherwise directed. (Orders XXL) Before incurring any expense in publishing or mailing notices, indemnity may be demanded therefor of the bankrupt or the person for whom rendered. (Orders X.)

Notice must be given of the examination of the bankrupt at the first meeting of his creditors, or at such other meetings as the court shall order him to submit to an examination. (Sec. 7-9.) Notice must also be given to the trustee of his appointment. (Orders XVL) Courts of bankruptcy are required to designate a newspaper published within their respective districts, and in the county in which the bankrupt resides or the major part of his property is situated, in which notices and orders required to be published shall be inserted. For the convenience of parties in interest, additional newspapers may be designated in which they may be published. (Sec. 28.) Debts which have not been duly scheduled in time for proof and allowance, with the names of the creditors, if known to the bankrupt, are not affected by a discharge, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy. (Sec. 17-3.) Infants and insane persons without guardians, without notice of the proceedings, are given six months longer than other creditors within which to prove their claims. (Sec. 57, n.) A voluntary or involuntary petition must not be dismissed by the petitioner, or for want of prosecution, or by consent of parties, until after notice to the creditors. (Sec. 59, g.)

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Notice to creditors. It was held under the act of 1867, in proceedings before the register, where creditors had not been notified to be present, but their assignee was present, that they were not entitled to notice. (In re Campbell, 17 N. B. R. 4; 3 Hughes, 276; Fed. Cas. 2348.)

Insufficient notice.-Warrant was issued and returned by the marshal with proof of publication of the notice, but without proof of notice served by mail or personally, as required. It was held that there must be a new warrant (In re Schepeler et al., 3 N. B. R. 42; 3 Ben. 346; Fed. Cas. 12452); but the proof by affidavit of the giving of the regular notice through the mail to the creditors named in the schedule will, ordinarily, be held sufficient. (In re Spencer, 18 N. B. R. 199; Fed. Cas. 13229.) A notice to the creditors which does not specify all the names of the several creditors and the several amounts respectively admitted to each

creditor is defective. (In re Jones, 2 N. B. R. 20; Fed. Cas. 7447.) Failure to publish notice of appointment of assignee is not cause for withholding a discharge. (In re Strachan, 3 N. B. R. 148.)

Notice in composition.-Upon the filing of a petition by a debtor for a composition, the court will direct the register to call a meeting of creditors and issue notice therefor (In re Spades, 13 N. B. R. 72; 6 Biss. 448; 8 Chi. Leg. News, 33; Fed. Cas. 13196); and creditors as well as the debtor should be notified of an application to set aside a composition (Ex parte Hamlin, 16 N. B. R. 320; 2 Lowell, 571; 5 Cent. Law J. 281; Fed. Cas. 5993); but where the composition agreement provides that the proceedings may be discontinued without notice to the creditors, such provision is only a waiver of notice of an application to discontinue, and the court is not bound to grant the application. (In re McNat, etc. Mfg. Co., 18 N. B. R. 388.) Where notice has been given to creditors, they are regarded as consenting to a discharge if they make no opposition. (In re Antisdel, 18 N. B. R. 289; Fed. Cas. 480.) It has been held that a bankrupt court has jurisdiction to grant a discharge, even though there may be creditors not regularly brought before it by publication and service of notice (Thurmond v. Andres et al., 13 N. B. R. 157); also it is not necessary, to give jurisdiction to the bankrupt court, that the creditors have actual notice, and the lack of it will not make the discharge invalid, if it be found that the requirements of the act were honestly complied with by the bankrupt (Rayl, Adm'x, v. Lapham, 15 N. B. R. 508); and a discharge in bankruptcy is conclusive in the absence of fraud, and cannot be impeached collaterally by a creditor to whom no notice of the proceedings had been given. (Williams v. Butcher, 12 N. B. R. 143; Heyl v. Lephen, 15 N. B. R. 508.)

Notice in general.- Where a discharge has been annulled on account of fraud, the decree annulling such discharge will not be vacated without notice to all parties affected. (In re Augenstein, 16 N. B. R. 252.) Where the notice of the first meeting does not reach creditors, and the court is satisfied that their votes would have changed the result, and that they did not attend through failure of the notice, on their application the meeting should be re-opened and each vote received; but, if one waits until the second meeting, he cannot have the first meeting reassembled without good cause for the delay. (In re Spencer, 18 N. B. R. 199; Fed. Cas. 13229.) When a bankrupt amends his schedule after an assignee has been chosen, so as to include an additional creditor, it is not necessary to notify the creditors already named in such schedules before the amendment can take place or call a new meeting of creditors. (In re Carson, 5 N. B. R. 290; 5 Ben. 277; Fed. Cas. 2460.) The correctness of the schedule of creditors, or the fact whether a creditor received notice of the proceedings by creditors, does not determine the question of jurisdiction either of the proceedings or a discharge. (In re Archenbrown, 11 N. B. R. 149; 7 Chi. Leg. News, 99; Fed. Cas. 505.) And also a clerical mistake in the naine of a creditor, which prevented the cred

itor from receiving a special notice, will not invalidate the proceedings against such creditor. (Thornton v. Hogan, 17 N. B. R. 277.)

Notice of sales.-Under the statute it is imperative that notice shall be given of all public sales, whether the assignee or other officer proceeds under the power given him by the statute or under an order of court. (In re Hunter, 18 N. B. R. 504; Fed. Cas. 6903.)

Notice of accounts.- The register should see that the assignee gives creditors notice of proceedings touching the auditing, settlement and adjournment of the assignee's accounts, and of distribution under them, and it has been held that the failure of the assignee to do so may affect the bankrupt's right to a discharge. (In re Bushey, 3 N. B. R. 167; 27 Leg. Int. 111; Fed. Cas. 2227.)

Notice of compromise.— If the court has jurisdiction over the case in bankruptcy, and the notice to creditors of the meeting to consider a proposition of compromise was properly given, the omission to make a proper and sufficient notice of the hearing to determine whether the resolution has been properly passed does not render the order ratifying the resolution void in a collateral action. (Smith, Stebbins & Co. v. Engle et al., 14 N. B. R. 481.)

b. Notice to creditors of the first meeting shall be published at least once and may be published such number of additional times as the court may direct; the last publication shall be at least one week prior to the date fixed for the meeting. Other notices may be published as the court shall direct.

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[Act of 1867. SEO. 12. That at the meeting held in pursuance of the notice, one of the registers of the court shall preside, and the messenger shall make return of the warrant and of his doings thereon; and if it appears that the notice to the creditors has not been given as required in the warrant, the meeting shall forthwith be adjourned, and a new notice given as required. If the debtor dies after the issuing of the warrant, the proceedings may be continued and concluded in like manner as if he had lived.

SEC. 14.

. The assignee shall immediately give notice of his appointment, by publication at least once a week for three successive weeks in such newspapers as shall for that purpose be designated by the court, due regard being had to their circulation in the district or in that portion of the district in which the bankrupt and his creditors shall reside. . . .]

See note to preceding section.

Publication of notice.- A failure to publish in one of the newspapers designated for the purpose, notice of the first meeting of creditors to prove their debts and choose an assignee, has been held to render all subsequent proceedings void. (In re Hall, 2 N. B. R. 68; 16 Pittsb. Leg. J. 52; Fed. Cas. 5922.)

c. All notices shall be given by the referee, unless otherwise ordered by the judge.

This same duty is imposed upon the referee by section 39, a (4).

Sec. 59. Who may file and dismiss petitions.-a. Any qualified person may file a petition to be adjudged a voluntary bankrupt.

[Act of 1867. SEC. 11. . That if any person residing within the jurisdiction of the United States, owing debts provable under this act exceeding the amount of three hundred dollars, shall apply by petition .. the filing of such petition shall be an act of bankruptcy, and such petitioner shall be adjudged a bankrupt.

Any person who owes debts except a corporation may become a voluntary bankrupt. (Sec. 4, a.)

Upon the filing of a voluntary petition the judge must make the adjudication or dismiss the petition; if absent. the clerk must refer the case to the referee (sec. 18, g), who must make the adjudication or dismiss the petition. (Sec. 38, a.)

In general. A man cannot be called upon to show cause why he shall not himself go or put anybody else into voluntary bankruptcy. (In re Harbaugh et al., 15 N. B. R. 246; 15 Alb. Law J. 194; 23 Int. Rev. Rec. 50; 24 Pittsb. Leg. J. 100; Fed. Cas. 6045.) If a debtor has committed no act of bankruptcy, and will not voluntarily petition, a creditor may sue him, so as to force him to commit an act of bankruptcy, and then himself proceed against him for such act in involuntary bankruptcy (Warren v. Bank, 7 N. B. R. 481; 10 Blatchf. 493; Fed. Cas. 17202; Coxe v. Hale, 8 N. B. R. 562; 21 Pittsb. Leg. J. 77; Fed. Cas. 3310), or by proceeding to judgment may compel him to apply to be decreed a bankrupt. (Coxe v. Hale, 8 N. B. R. 562; 21 Pittsb. Leg. J. 77; Fed. Cas. 3310.)

Filing of second petition.— Before the order was made setting composition aside in case of an involuntary bankrupt, the debtor filed a voluntary petition and was adjudicated bankrupt. The court held that, there being no adjudication on the first petition, it was no bar to the voluntary petition, and that the involuntary case should be stayed and proceedings continued in the other case, (In re Flanagan, 18 N. B. R. 439; 26 Pitt-b. Leg. J. 128; Fed. Cas. 4550.) Where an adjudication has

been made on a voluntary petition, and a warrant has issued for the first meeting of creditors, and the matter of said petition is still pending without any discharge or discontinuance, and the bankrupt files a second petition in which the same debts and the same creditors are named, the choice of an assignee will not be made in the second proceeding pending the first, and an order will be made staying the proceedings under the second petition. (In re Wielarske, 4 N. B. R. 130; Fed. Cas. 17619.)

A voluntary bankrupt who has contracted new debts since the filing of a petition in bankruptcy under which a discharge was refused may file a new petition. (In re Drisko. 13 N. B. R. 112; 2 Lowell, 430; Fed. Cas. 4090; In re Drisco et al., 14 N. B. R. 551; Fed. Cas. 4086.)

Partners.- Partners may be joined in a voluntary petition in two ways- either by their own act or by the act of the partners petitioning. (In re Harbaugh et al., 15 N. B. R. 246; 15 Alb. Law J. 194; 23 Int. Rev. Rec. 50; 24 Pittsb. Leg. J. 100; Fed. Cas. 6045.) A proceeding by the petition of one of several copartners to have the copartners adjudicated bankrupts is a proceeding partly voluntary and partly involuntary; but a proceeding by the petition of all the copartners is a purely voluntary petition. (In re Penn et al., 5 N. B. R. 30; 5 Ben. 89; 3 Chi. Leg. News, 225; Fed. Cas. 10927; In re Wilson, 12 N. B. R. 253; 2 Lowell, 453; Fed. Cas. 17784.) If the names of parties who should be joined as petitioners are not so joined, the court will refuse to discharge the petitioning debtors (Citizens' Nat. Bank v. Cass et al., 18 N. B. R. 279; 6 Wkly. Notes Cas. 371; 6 Reporter, 579; 19 Alb. Law T. 119; 26 Pittsb. Leg. J. 25; Fed. Cas. 2732); but where a member of a firm who was unable to get his partners to join, filed his individual petition in bankruptcy and inserts debts of the copartnership, the schedules showing that there were no partnership assets, the court discharged him from his partnership as well as individual debts, and decided that it was not necessary to make his copartner a party to the proceedings. (In re Abbe, 2 N. B. R. 26; 7 Amer. Law Reg. (N. S.) 824; 15 Pittsb. Leg. J. 589; Fed. Cas. 4.) On the expiration of a firm the interests of all the partners were transferred to one of them by bills of sale, he agreeing to apply firm assets to payment of firm debts. Later he filed a voluntary petition in bankruptcy, and the firm assets and debts were included in his schedule. The court held that, to the end of having firm assets applied to firm debts, the other members of the firm should intervene and have the firm adjudicated bankrupt. (In re Gorham, 18 N. B. R. 419; 11 Chi. Leg. News, 58; 26 Pittsb. Leg. J. 112; Fed. Cas. 5624.) Bankrupt was adjudicated upon creditor's petition. Petition was subsequently filed by bankrupt and assignee, alleging that at time of filing creditor's petition bankrupt was member of firm which had certain debts and assets to be administered, and prayed that other members might be brought in and firm adjudicated; and the court held that it could grant relief. (In re Kelley, 19 N. B. R. 326; Fed. Cas. 7656.) For the purposes of petitioning, a partnership is to be held to exist so

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