814

95

FEDERAL REPORTER.

maenlG9uld, have proved that the is not insolvent or he could.have:availed himself of any. defense which a debtor proceeded . is., eatltled to by the provisions. 'of the act.. The illspl'v;em;y of the as .is the existence of a large n,umber of partnership deQts, upon se"\(eral of which judgmentshave been recovered. The principal opposition to the prayer of'the 'petition is based upon the that the firrn'was dissolved in 1877 aI/.d that all but qneof the debts are barred by the statute of limitations of this. state;thoughtbe .Jl1dgments a,re.not barred in Pennsylvania, where the business of the firm was transacted. It is thought that under thl:!peculiar phraseology of section 5 of the bailk.!'uptcy'aJ.t, the petition can be sustained, there having been no settlemellt," as therein provided... 1heentire has been carefully examined by the referee and his report and opinion are so full and clear that further discussion is unnecessary. The question presented is an interesting oIle,'buttherecan heno doubt that the petitioner, assuPling that he conforws.to the of the act, is entitled to a discharge from thesepal'tnersbip debts, and it is, at least, doubtflllif this can be accomplished' unless the adjudication is made as prayed for. On the other );land, it isilOt easy tosee how Richman can be injured by course, especia11y if the debts are not IlOW provable. The report of the referee should be confirmed and there should be an adjudication' and the usual .order of refer.. . ence.
I,·' i

In rc (District Court, ,N.

BRUl\fELKiA.MP.

p.

New York;. June ;1.2, 1899.)

N,O. 1,126.

BANKRUPTCy-POWERS OF REFEREES-AMENDMENT OFJ>ETITION. It is within the jurisdiction and the discretion of :1 referee in

bankruptcy to order amendments to be made in the petition and schedule of a volun c tary bankrupt referred to him, in particalars as to which he finds them defective or insufficient, and to refuse to caUs first meeting of creditors until such amendments be made. '. ..

In Bankruptcy. On review of an order of the referee in bankruptcy requiring the amendment of the petition and schedule of the bankrupt. . The order was as follows:
"An adjudication and order of reference having been certified herein to the referee, upon examination of the petition and schedUles, I find them insufficient in the following particulars: 1. The verifications thereof being made before a notary public are defective in the statement of the venue, such statement not showing the verifications to have been made within the jurisdiction of the notary public talting the same. 2. The verifications of the schedules recite that the petitioner was 'duly sworn (or affirmed).' The form of verification should state definitely how the. verification was .roade. 3. The three verifications are defective and unavailing because made before a notary public who is one of th(l attorneys for tl1e bankrupt. 4. A numbet of the creditors are recited in the schedules as residing in large cities. as Boston and New York; no address being giVen by street and .number or such designation as

IN RE SCOTT.

815

evidence that the notices to be mailed to such creditors would reach them, nor do the papers disclose facts showing a diligent effort to ascertain the definite post-office address to which notices should be sent, and a: failure upon such reasonable effort to ascertain the same. While the statute requires the residences to be stated, I think in order to further insure the purpose of the statute, the papers should, in addition, state also the post-offlce address with rea· sonable certainty, or contain allegations showing facts upon which it may be concluded that after reasonable effort, such addresses cannot be ascertained. Ordered, that the application for an order appointing a first meeting of creditors be withheld, and that the petition be amended or a new one filed correcting the errors above indicated. Charles h Stone, Referee in Bankruptcy."

Bankruptcy Rule No. xx. of the district court for the Northern district of New York provides that:
"Wohen a petition referred to a referee is insufficient upon its face to confer jurisdiction, he shall return the same to the clerk with a statement of the defects noted thereon, and no further proceeding shall be had thereon until a new or amended petition remedying such defects is filed with the clerk. The referee may, upon his own motion, direct that the schedules be made more definite and certain by requiring the street and number to be given where a creditor resides in a city, and the referee may direct that the bankrupt furnish any other information regarding his property or his creditors which the referee may deem essential."

C. W. Smith, for bankrupt. COXE, District Judge. The order made by the referee is one en· tirely within the scope of his authority pursuant to the provisions of the bankruptcy act and rule xx. of this court. Even though a motion to vacate or modify the referee's order were properly noticed referee as to matters so pebefore me I would not dictate to culiarly within his province. The administration of the law will be fraught with endless vexations if the judge assumes to meddle with the referees as to matters within their discretion. The affidavit of Mr. Smith, one of the attorneys for the bankrupt, dated June 5) 1899, may induce the referee to modify the objection numbered 4 in his order of June 1st. In any view such applications should first be presented to the referee. The matter is referred to the referee to take such action thereon as he may deem advisable.

In re SCOTT. (District Court, W. D. Pennsylvania. No.94.
1. BANKRUPTCy-ExAMINATION OF 'BANKRUPT-PRIVILEGE AGAINST SELF. CRIMI-

February 14, 1899.)

Where a person against whom indictments are pending in a state court is adjudged bankrupt on an involuntary petition, and brought before .the referee in bankruptcy for examination, he cannot be compelled to answer any questions propounded on such examination, where his answers would tend to criminate him on the trial of the pending indictments.
2. SAME.

N A'rING EVIDENCE.

.

Although Bankruptcy Act 1898, § 7, relating to the examinlltion of a. bankrupt, provides that "no testimony given by him shall be offered in evidence against him in any criminal proceeding," yet a bankrupt, on such