b. Trustees, before entering upon the performance of their official duties, and within ten days after their appointment, or within such further time, not to exceed five days, as the court may permit, shall respectively qualify by entering into bond to the United States, with such sureties as shall be approved by the courts, conditioned for the faithful performance of their official duties.

c. The creditors of a bankrupt estate, at their first meeting 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, if there is a vacancy in the office of trustee, shall fix the amount of the bond of the trustee; they may at any time increase the amount of the bond. If the creditors do not fix the amount of the bond of the trustee as herein provided the court shall do so.

d. The court shall require evidence as to the actual value of the property of sureties.

e. There shall be at least two sureties upon each bond.

f. The actual value of the property of the sureties, over and above their liabilities and exemptions, on each bond shall equal at least the amount of such bond.

g. Corporations organized for the purpose of becoming sureties upon bonds, or authorized by law to do so, may be accepted as sureties upon the bonds of referees and trustees whenever the courts are satisfied that the rights of all parties in interest will be thereby amply protected.

h. Bonds of referees, trustees, and designated depositories shall be filed of record in the office of the clerk

of the court and may be sued upon in the name of the United States, for the use of any person injured by a breach of their conditions.

i. Trustees shall not be liable, personally or on their bonds, to the United States, for any penalties or forfeitures incurred by the bankrupts under this Act, of whose estates they are respectively trustees.

j. Joint trustees may give joint or several bonds.

k. If any referee or trustee shall fail to give bond, as herein provided and within the time limited, he shall be deemed to have declined his appointment, and such failure shall create a vacancy in his office.

7. Suits upon referees' bonds shall not be brought subsequent to two years after the alleged breach of the bond.

m. Suits upon trustees' bonds shall not be brought subsequent to two years after the estate has been closed.

Under section 5036 of the Revised Statutes 1 an assignee was required by the court to give a bond if any creditor requested it. A copy of the order approving the bond of a trustee is conclusive evidence of the vesting of the bankrupt's property in him.2

The Supreme Court has given forms for bonds of referees 3 and trustees.4

§ 514. Act of 1898.-SEC. 51. DUTIES OF CLERKS. a. Clerks shall respectively (1) account for, as for other fees received by them, the clerk's fee paid in each case and such other fees as may be received for certified copies of records which may be prepared for persons

1 Formerly § 13 of the Act of 1867, 14 Stats. 522.

2 Act of 1898, § 21 e. See Form 26.

3 Form 17.
4 Form 25.

other than officers; (2) collect the fees of the clerk, referee and trustee in each case instituted before filing the petition, except the petition of a proposed voluntary bankrupt which is accompanied by an affidavit stating that the petitioner is without, and cannot obtain, the money with which to pay such fees ; (3) deliver to the referees upon application all papers which may be referred to them, or, if the offices of such referees are not in the same cities or towns as the offices of such clerks, transmit such papers by mail, and in like manner return papers which were received from such referees after they have been used; (4) and 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.

The clerk keeps a docket in which he enters a memorandum. of all the proceedings except such as appear in the referee's record. He must indorse on every paper filed with him the day and hour of its filing and a brief statement of its character.2

It is the clerk's duty to refer to the referee voluntary petitions and unopposed involuntary petitions if the judge is absent from the district. He must also issue a certificate of the judge's absence, illness, or inability to act, if a creditor applies to take possession of the property of the debtor, as in such a case the referee has authority to act.1

Clause 2 provides that a voluntary bankrupt need not pay the usual fees if he makes affidavit that he cannot get the money to do it. In a suspicious case the referee will take evidence as to the truth of the bankrupt's inability to get the money. If he subsequently becomes able to pay the fees he must do so, and if he fails to pay them after an order of the

1 Rule I.

2 Rule II.

8 Act of 1898, § 18 f, g.

4 Act of 1898, § 38 (3).

5 Re Collier, 93 Fed. Rep. 191, 1 N. B. N. 257.

court, his petition may be dismissed. The debtor is bound to pay the fee out of exempt property, and if he will not do this he cannot apply in forma pauperis.3

The clerk, marshal, or referee may require indemnity for expenses incurred. It has been ruled in some districts that a debtor who has filed a petition and taken the oath that he cannot pay the fees will not be granted his discharge unless he pays the costs of the court officers.4

§ 515. Act of 1898.-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.

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.

The fee of the clerk is in full compensation for his services. in delivering copies to officers, or in filing papers or receiving or paying out money. It does not cover services in furnishing copies to other persons, or expenses in publishing or mailing notices.5

Marshals are obliged to file accounts under oath of their expenses, with vouchers whenever that is possible. A statement should be made also that the charges are just and reasonable.

1 Rule XXXV. (4).

2 Re Collier, 93 Fed. Rep. 191, 1 N. B. N. 257; see 1 N. B. N. 251, 279. 3 Rule X.

4 See 1 N. B. N. 48, 132.

5 Rule XXXV. (1).

6 Rule XIX. See Form No. 8.

Clerks, marshals, and other officers may demand indemnity before incurring necessary expenses.1

§ 516. Act of 1898.-SEC. 53. DUTIES OF ATTORNEYGENERAL.a. The Attorney-General 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.

§ 517. Act of 1898.-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.

1 Rule X.