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13. Form 4 is not such a special order that the register is entitled to $5 for a day's service in examining papers under it. In re J. W. Dean (Ky. D.), 1 B. R. 26; s.c. 1 L. T. B. 9; In re J. H. Robinson (N.Y. S. D.), 1 B. R. 49; s.c. 1 L. T. B. 25.

14. An order to the register to examine the papers and proceedings, and report on their regularity, is a special order for a day's service, under which the register is entitled to a fee of $5. - In re J. W. Dean (Ky. D.), 1 B. R. 26; s.c. 1 L. T. B. 9.

15. An order on a petition for discharge, referring the petition to the register to make an order to show cause thereon, and to sit in chambers on the return of said order, and to certify that the bankrupt has conformed to all the requirements of the act, is a special order, and the register is entitled to $5 for each day's service under it, whether sitting in chambers or examining papers, or examining the bankrupt, and making certificate of conformity; but he is not entitled to a further fee of $1 for making the order to show cause, such order not being an order where notice is required to be given within the meaning of G. 0. 30. — In re J. H. Robinson (N.Y. S. D.), 1 B. R. 49; s.c. 1 L. T. B. 25.

16. Semble, that a register is entitled to charge $3 for each day spent in travelling, to be divided among the cases for which the journey was made. - In re B. Sherwood (Pa. E. D.), 1 B. R. 74; s.c. 25 Leg. Int. 76; 1 L. T. B. 47.

17. As between the register and the parties, the register's fees for the examination of the bankrupt or other witnesses must be paid by the party who examines, and for the cross-examination by the party who cross-examines. In re J. M. Moorhead, Ex parte Scofield (N.Y. S. D.), 2 B. R. 1; In re S. A. Mealy (N.Y. N. D.), 2 B. R. 51.

18. It is said that a creditor, applying for an order for the examination of the bankrupt, must pay to the register the fees allowed for taking the deposition, not only for the direct examination, but also for the cross-examination; but the point was not before the court for decision. Whether such fees should be ultimately paid out of the estate, the court did not say. - In re J. Mackintire (N.Y.S.D.), 6 I. R. R. 29.

19. The register's fees for taking down a statement made by the bankrupt after his examination by the creditors was finished, must be paid to the register by the bankrupt. [Citing Trustees of Watertown v. Cowen, 5 Paige, 510.] — In re S. A. Mealy (N.Y. N. D.), 2 B. R. 51.

20. If an assignee examines the bankrupt before the register under $ 26, the bankrupt is not liable for the fees to the register, nor to pay compensation to the assignee for such examination, even though the assignee have no assets. – In re W. H. Hughes (N.Y. S. D.), 1 B. R. 9; 1 L. T. B. 45.

21. Semble, that the fee to a register for furnishing to the bankrupt a copy of the order of adjudication with a certificate must be paid by the bankrupt, and not out of the deposit of $50, nor out of the estate. In re J. W. Dean (Ky. D.), 1 B. R. 26; s.c. 1 L. T. B. 9.

22. For furnishing copies, the register is entitled to ten cents for every folio of one hundred words, whether the words be printed or written. In re J. H. Robinson (N.Y. S. D.), 1 B. R. 49; s.c. 1 L. T. B. 25.

23. It is provided in $ 10, that the Supreme Court may fix the amount of fees “not exceeding the rate of fees now allowed by law for similar services in other proceedings." The fee prescribed in the Fee Bill Act, 1853, for a certificate, is fifteen cents per folio. Held, therefore, notwithstanding G. 0. 30, that the fee to registers and clerks for certifying papers is only fifteen cents, wben the certificate does not exceed one folio. — In re J. W. Dean (Ky. D.), 1 B. R. 26; s.c. 1 L. T. B. 9; In re J. H. Robinson (N.Y. S. D.), 1 B. R. 49; s.c. 1 L. T. B. 25.

24. The certified copy of the register's memoranda, to be forwarded to the clerk, is a copy of a “paper” within the meaning of the second clause of G. O. 30.— In re J. W. Dean (Ky. D.), 1 B. R. 26 ; s.c. 1 L. T. B. 9.

25. The certified copy of the schedules of creditors and assets to be furnished by the register to the assignee is a copy of " papers," within the meaning of the second clause of G. 0. 30. — In re J. W. Dean (Ky. D.), 1 B. R. 26; s.c. 1 L. T. B. 9; In re J. H. Robinson (N.Y. S. D.), 1 B. R. 49; s.c. 1 L. T. B. 25.

26. The register is to furnish to the assignee, under $$ 23, 27, a certified list of creditors who have proved their debts, only when a dividend is ordered; and if no dividend is ordered, the register is not entitled to a fee for furnishing such a list to the assignee. — In re J. W. Dean (Ky. D.), 1. B. R. 26; s.c. 1. L. T. B. 9.

27. The register should furnish to the clerk a certified copy of the list of the creditors who have proved their debts, in order that the clərk may give notice to appear and show cause against the bankrupt's discharge, and such list is a “paper," within the meaning of the second clause of G. 0. 30. — In re J. W. Dean (Ky. D.), 1 B. R. 26; s.c. 1 L, T. B. 9.

28. The final examination of the bankrupt is a deposition within the meaning of $$ 5, 26, and the register is therefore 'entitled, by $ 47, for taking it to the fees allowed by law for taking depositions, i.e., twenty cents a folio; also he is to be allowed for a certificate (not exceeding one folio) fifteen cents.— In re J. W. Dean (Ky. D.), 1 B. R. 26; s.c. 1 L. T. B. 9.

29. The return of the assignee, Form 35, is a deposition, and the register for making it is entitled to the fees as for taking a deposition, and this whether any of the words are printed or not. — In re J. H. Robinson (N.Y. S. D.), 1 B. R. 49; s.c. 1 L. T. B. 25. 30. The register is not entitled, as of course, to the deposit of $50 in every

In re B. Sherwood ( Pa. E. D.), 1 B. R. 74; s.c. 25 Leg. Int. 76; 1 L. T. B. 47.

31. It is said by MILLER, J., that, when under G. 0. 30, the judge directs that the fees and costs shall not exceed $50, and that sum is not sufficient to pay the fees of register, marshal, and clerk, it shall be divided between them pro rata. -(Wis. D.), 6 I. R. R. 53.

32. A register, not having rendered any service at any place other than his residence, charged for "stationery, postage, incidental expenses, rent, clerk-hire, &c.” The charges were all disallowed. - In re J. W. Dean (Ky. D.), 1 B. R. 26;.s.c. 1 L. T. B. 9.

33. Semble, that an allowance may sometimes be made to a register beyond his expenses and the items specified in $ 47, and G. 0. 30.

In re B. Sherwood (Pa. E. D.), 1 B. R. 74; s.c. 25 Leg. Int. 76; 1 L. T. B. 47.

34. Semble, that a register may, of his own motion, certify to the court a question as to his fees; but the question will not be decided in his favor, unless the

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parties interested in opposing it have been so notified as to give full opportunity for contesting it. — In re B. Sherwood (Pa. E. D.), 1 B. R. 74; s.c. 25 Leg. Int. 76; 1 L. T. B. 47.

See DISCHARGE, IV. 7; FEES, V. 6.

II. Clerk. 1. Form 4 is not a process, and therefore the clerk cannot, under the Fee Bill Act, 1853, charge a fee of $1 for issuing it; but he may charge the usual rate for copies for the copy which he is directed by G. 0. 4, to send to the register. – In re J. W. Dean (Ky. D.), 1 B. R. 26; s.c. 1 L. T. B. 9.

2. The clerk is entitled to charge fifteen cents a folio for drawing the assignment, and ten cents a folio for making a copy of it, if he actually renders the services charged for. — In re J. W. Dean (Ky. D.), 1 B. R. 26; s.c. 1 L. T. B. 9.

3. The order for the bankrupt's examination, Form 45, is a process, and the clerk is, therefore, under the Fee Bill Act, 1853, entitled to a fee of $1 for issuing it. — In re J. W. Dean (Ky. D.), 1 B. R. 26; s.c. 1 L. T. B. 9.

4. The clerk is entitled to a fee for the “ certificate of discharge and seal.” The certificate of discharge is not the same thing as the order of discharge. The latter is entered on the order-book of the court; the former is delivered to the bankrupt. — In re J. W. Dean (Ky. D.), 1 B. R. 26; s.c. 1 L. T. B. 9.

5. Semble, that a fee to the clerk “ for clerk's certificate and seal to judge's signature to certificate of discharge ” must be paid by the bankrupt, and not out of the deposit of $50, nor out of the estate. — In re J. W. Dean (Ky. D,), 1 B. R. 26; s.c. 1 L. T. B. 9.

6. The clerk charged a fee of thirty cents for filing and entering a petition with schedules A. and B., and the oaths annexed. Held, that there were at least three papers, and that the fee should be allowed. — In re J. W. Dean (Ky. D.), 1 B. R. 26; s.c. 1 L. T. B. 9.

7. The clerk is entitled to charge on each paper filed and entered by him, whether it has first been filed with the register or not, a fee for filing and entering, and a further fee at fifteen cents a folio for entering the day and hour of filing under G. 0. 1. In re J. W. Dean (Ky. D.), 1 B. R. 26; s.c. 1 L. T. B. 9.

See FEES, I. 23, 31; V. 6.

III. Marshal. 1. The only allowance to the messenger for making the written notices to the creditors is ten cents apiece, whatever may be the length of the notices. [The marshal was allowed for postage.! — In re J. W. Dean (Ky. D.), 1 B. R. 26 ; s.c. 1 L. T. B. 9.

2. The only allowance to the marshal for making the written notices to the creditors is ten cents for each notice. [The marshal was also allowed for postage and envelopes.] — In re J. Talbot (Ga. D.), 2 B. R. 93.

3. For travel in making return of a warrant, the marshal is entitled only to his necessary expenses, to be apportioned among the cases in which he makes returns at the same time, and not to a mileage of five cents per mile. — In re J. Talbot (Ga. D.), 2 B. R. 93.

4. The marshal is not entitled to any fee for “attendance.” — In re J. Talbot (Ga. D.), 2 B. R. 93.

See FEES, I. 31.

IV. Witnesses. 1. The travelling expenses allowed to witnesses by G. 0. 29, are the travelling fees allowed by the Fee Bill Act, 1853. If, by adjournment of the examination, the witness is obliged to attend at intervals, and it is reasonable for him to return home during the intervals, he is entitled to travelling fees as often as he goes and returns. In re J. W. Griffen (N.Y. S.D.), 1 B. R. 83.

2. Semble, that the fees to be tendered a witness under G. 0. 29, are the fees for going and returning once and for one day's attendance; that if there be an adjournment, there must be tendered to him the fees for another day's attendance; and that, if it is reasonable for him to return home, there must also be a tender of the travelling fees a second time. - In re J. W. Griffen (N.Y. S. D.), 1 B. R. 83.

See EXAMINATION, 28-30.

V. Miscellaneous. 1. In involuntary bankruptcy, the fees of the counsel of the petitioning creditor are to be allowed out of the estate. In re D. Williams (S.C. D.), 2 B. R. 28; In re O'Hara (Pa. W. D.), 4 Pitts. L. J. (N.s.) 134; s.c. 1 L. T. B. 123.

2. On a trial by jury in involuntary proceedings, either party can serve subpænas on witnesses, and is entitled to fees for travel and service in so doing, and the successful party is also entitled to a docket fee of $20. [Citing United States v. Curtis 4 Mason, 232, 235.] — Gordon v. Scott (Pa. W. D.), 2 B. R. 28; s.c. 3 Pitts. L. J. (N.s.) 542; sub nom. Gordon v. Stott, 7 Am. Law Reg. (N.s.) 749; sub nom. Miller v. Scott, 25 Leg. Int. 276.

3. Necessary expenses of a sheriff in the care and custody of a bankrupts goods, which he held under a void judgment, may be allowed him by the court.In re D. B. Williams (Conn. D.), 2 B. R. 79; s.c. 1 L. T. B. 107, 113.

4. Where an attachment is dissolved by an adjudication of bankruptcy, the officer who made the attachment has a lien on the property attached for his fees and charges which accrued prior to the date of filing the petition in bankruptcy, but not to those which accrued after that date. — In re D. Housberger (N.Y. S. D.), 2 B. R. 33.

5. Any surplus of the $50 deposit or of advances to secure fees remaining after payment of the fees, must be paid over to the assignee. — Anon. (D.C.) 6 I. R. R. 149.

6. It is said that it has been decided in the District of South Carolina and also in the Eastern District of Louisiana, that the $50 deposited with the clerk must be immediately handed over to the register to whom the case is assigned. 6 I. R. R. 84. See AssiGNEE, IV.; Proof, I. 4. FIDUCIARY DEBT. See ARREST, 3; DISCHARGE, IV. 4; V. 2.

FILING PAPERS. - See AssIGNEE, II. 4; FEES, II. 6, 7.

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FIRST MEETING. 1. The first meeting should be organized at the hour designated in the warrant, and should be kept open till an nee is chosen, or it is clear that no choice can be made. The meeting can be adjourned, and the several adjournments are all to be considered parts of the first meeting. [Citing Rice v. Wallace, 7 Met. 431; Revere v. Newell, 4 Cush. 584; Williams v. Robinson, 4 Cush. 529; Lechmere Bank v. Boynton, 11 Cush. 369.] — In re Phelps (Ky. D.), 1 B. R. 139.

2. No creditor has a right, at a meeting called under $ 11 to prove debts and choose assignees, to object to any of the proceedings, till he has proved his debt. The setting forth of his debt in the schedule to the bankrupt's petition, gives him no such right. In re W. D. Hill (N.Y. S. D.), 6 I. R. R. 51.

See DISCHARGE; III. 11; IV. 6; FEES, I, 4; Notices, 7.

FORMS.
I. - See INVENTORY, 3; SCHEDULE, 1.
IV. - See Fees, I. 13; II. 1; REFERENCE, ORDER OF, 1.

XIV. - See ATTORNEY, 2.

XV. and XVI. — See FEES, L. 1.
XVIII. — See AFTER ACQUIRED PROPERTY, 2.

XXI. - See SECURED CREDITOR, 4.

XXVI. - See ATTORNEY, 2.

XXVIII. — See DISCHARGE, I. 3.

XXXII and XXXIII. See REGISTER, 3.
XXXV. - See AssignEE, II. 5, 6; FEES, I. 29; REGISTER, 4.

XLV. - See FEES, II, 3; SUMMONS.
LI.-See AssigNEE, II. 6; DISCHARGE, II. 1, 4, 6, 9; FEES, I. 10; SECOND

AND THIRD MEETINGS.
LII. See DISCHARGE, II. 4, 5, 8, 9.
LIV. — See CREDITOR'S PETITION, 3.

LXI. — See PLEADING, 1, 3.
FRAUD. — See ARREST, 2–9; DISCHARGE, IV.3; V.2, 3, 4; EXAMINATION, 23,

24; SPECIFICATIONS, 7.

FRAUDULENT PREFERENCE. 1. If a person transfers property with intent to give a preference to any of his creditors, he commits an act of bankruptcy under $ 39, however innocent the intent of the preferred creditor or of the person to whom the transfer is made. – In re J. T. Drummond (Ind. D.), 1 B. R. 10; 1 L. T. B. 7.

2. The giving of a mortgage by a debtor, when he is neither insolvent nor in contemplation of insolvency, to secure a creditor, although with an intent to prefer such creditor, is not an act of bankruptcy. — In re M. L. Dunham, Ex parte Welch (N.Y. S. D.), 2 B. R. 9.

3. The fact that a mortgage by one who was insolvent, made partly to cover

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