Page:United States Statutes at Large Volume 30.djvu/594

FIFTY-FIFTH CONGRESS. Sess. II. Ch. 541. 1898. 555 CHAPTER V. OFFICERS, THEIR DUTIES AND COMPENSATION. 0¤*°¤¤» their d¤°i¤¤ · lllld OOIDIJBDSRDOD. Sec. 33 CREATION or Two OEr1GEs.-a The ouices of referee and Referee and wusm. trustee are hereby created. °m°°’ °’°““"’ Sec. 31. APPOINTMENT, REMovA1., AND DISTRICTS or REFER- R·¤f·¤¤e¤· EES.—3 Courts of bankruptcy shall, within the territorial limits of 7==§¤P<>i¤1f¤¤e¤¤t removwhich they respectively have jurisdiction, (1) appoint referees, each for "I Mm dmnm °i‘ a term of two years, and may, in their discretion, remove them because their services are not needed or for other cause; and (2) designate, and from time to time change, the limits of the districts of referees, so that each county, where the services of a referee are needed, may constitute . at least one district. Sec. 35. QUALIFICATIONS or RErEREEs.-a Individuals shall not —q¤¤¤¤¤¤m>¤¤ or. be eligible to appointment as referees unless they are respectively (1) competent to perform the duties of that office; (2) not holding any office of profit or emolument under the laws of the United States or of any State other than commissioners of deeds, justices of the peace, masters in chancery, or notaries public; (3) not related by consanguinity or affinity, within the third degree as determined by the common law, to any of the judges of the courts of bankruptcy or circuit courts of the United States, or of the justices or judges of the appellate courts of the districts wherein they may be appointed; and (4) residents ot, or have their offices in, the territorial districts for which they are to be appointed. Sec. 36. OATHs or Orrron or REFEREES.-—a Referees shall take —0¤*b¤<>f¤¤i¤¤- the same oath of office as that prescribed for judges of United States courts. Sec. 37. NUMBER. OF REFEBEEs.—a Such number of referees shall ··¤¤¤=b¤1‘ efbe appointed as may be_ necessary to assist in expeditiously transacting the bankruptcy business pending in the various courts of bankruptcy. Sec. 38. JURISDICTION or REFEREES.—& Referees respectively are Tjiirisdicciou specihereby invested, subject always to a review by the judge, within the u'"]' · limits of their districts as established from time to time, with jurisdiction to (1) consider all petitions referred to them by the clerks and make the adjudications or dismiss the petitions; (2) exercise the powers vested in courts of bankruptcy for the administering of oaths to and the examination of persons as witnesses and for requiring the production of documents in proceedings before them, except the power of commitment; (3) exercise the powers of the judge for the taking possession and releasing of the property of the bankrupt in the event of the issuance by the clerk of a certificate showing the absence of ajudge from the judicial district, or the division of the district, or his sickness. or inability to act; (4) perform such part of the duties, except as to questions arising out of the applications of bankrupts for compositions or discharges, as are by this Act conferred on courts of bankruptcy and as shall be prescribed by rules or orders of the courts of bankruptcy of their respective districts, except as herein otherwise provided; and (5) upon the application of the trustee during the examination of the bankrupts, or other proceedings, authorize the employment of stenographers at the expense of the estates at a compensation not to exceed ten cents per folio for reporting and transcribing the proceedings. Sec. 39. DIFTIES or RErEREEs.——a Referees shall (l) declare divi- S Qgggg <>f ~f¤¤¤¤¤ dends and prepare and deliver to trustees dividend sheets showing the D ’ dividends declared and to whom payable; (2) examine all schedules of property and lists of creditors tiled by bankrupts and cause such as are incomplete or defective to be amended; (3) furnish such information concerning the estates in process of administration before them as may be requested by the parties in interest; (1) give notices to creditors as herein provided; (5) make up records embodying the evidence, or the substance thereof, as agreed upon by the parties in all contested matters arising before them, whenever requested to do so by either of the parties