Page:United States Statutes at Large Volume 60 Part 1.djvu/356

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60 STAT.] 79TH CONG., 2 D SESS.-CH. 512-JUNE 28, 1946 holding appointment under such court or courts of bankruptcy may be designated by the judge, or by a concurrence of a majority of the judges where there is more than one judge, and where there is no such concurrence, then by the council, to act; or the council may designate another referee from within the same circuit to act, or the council may order that pending cases be rereferred and future cases referred to one or more referees within the same circuit; or the conference may temporarily assign a referee from another circuit to act." SEC. 8 . (a) Clause (2) of section 51 of such Act, as amended, is amended to read as follows: "(2) collect the fees of the clerk and trustee and the fees for the referees' salary fund and referees' expense fund provided in paragraph (1) of subdivision c of section 40 of this Act in each case instituted before filing the petition, except where install- ment payments may be authorized pursuant to section 40 of this Act, and collect the various other fees, allowances and charges for the services of referees and for their expenses, including their services and expenses as conciliation commissioners and as special masters under this Act;". (b) Clause (5) of such section is amended to read as follows: "(5) transmit to the Treasury of the United States all fees, allowances and charges collected for the referees' salary fund and the referees' expense fund, and transmit to the trustee, within ten days after a case has been closed, the fee collected for him at the time of the filing of the petition." SEC. 8a. Subdivision a of section 52 of such Act, as amended, is amended to read as follows: "SEC. 52a. Clerks shall charge and collect for their services to each estate, whether in a court of primary or ancillary jurisdiction, a filing fee of $8. The clerk may collect this amount in installments when such installment payments have been authorized by General Order of the Supreme Court of the United States." SEC. 9 . Section 53 of such Act, as amended, is amended to read as follows: "SEC. 53. STATISTICs. -The Director annually shall lay before Con- gress statistical tables which will accurately reflect the business trans- acted by the several bankruptcy courts, a statement of the amounts received and disbursed for the referees' salary fund and referees' expense fund, and all other pertinent data." SEC. 10. Section 54 of such Act, as amended, is hereby repealed. SEC. 11 . (a) Subdivision a of section 62 of such Act, as amended, is amended to read as follows: "SEC. 62. EXPENSES OF ADMINISTERING ESTATES; UNAUTHORIZED SHARING OF FEES; WITHHOLDING ALLOWANCES. -a . (1) The actual and necessary costs and expenses incurred by officers, other than referees, in the administration of estates shall, except where other provisions are made for their payment, be reported in detail under oath, and examined and approved or disapproved by the court. If approved, they shall be paid or allowed out of the estates in which they were incurred. "(2) The actual and necessary office and other expenses of referees shall be allowed when authorized and approved by the Director, including compensation of clerical, stenographic and other assistants of referees at rates to be fixed by the Director, taking into consideration the rates for comparable services prevailing in the respective offices of the clerks of the several district courts, and the costs of establishing and maintaining their offices with equipment and supplies adequate for their efficient and economical operation including mechanical equipment and devices and law libraries. Such expenses may be 329 Duties of clerks. 30 Stat. 558. 11 U.S . O. }79(2). Ante, p. 327. 52 Stat. 864. 11U. S. C. 79(5). 30 Stat. 559. 1U. S. a. §I(s(a. 30 Stat. 569. 11 U.S.c. §8L Repeal. 30 Stat. 559. 11U. S.C. 82. 30 Stat. 562. 11U.S. . 102(s). Office, etc., expenses compensation of asist- ants.