Page:United States Statutes at Large Volume 52.djvu/905

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

864 PUBLIC LAWS-CH. 575-JUNE 22, 1938 [52 STAT. Filing of bonds. "h. Bonds of referees, receivers, trustees, and designated deposi- tories shall be filed of record in the office of the clerk of the court and may be proceeded upon in the name of the United States for the use of any person injured by a breach of their conditions or may be enforced as provided in subdivision n of this section. reeives or trustees. "i. Receivers or 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 receivers or trustees. Bonds of joint re- Joint receivers or trustees may give joint or several bonds. ceivers. etc. Failure to give If any receiver or trustee shall fail to bond as bond. 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. Proceedings upon "l. Proceedings upon referees' bonds shall not be brought subse- quent to two years after the alleged breach of the bond. "m. Proceedings upon receivers' or trustees' bonds shall not be brought subsequent to two years after their respective discharges. Breach of obliga- "n. In the event of the breach of any obligation of a bond fur- tion. nished pursuant to this Act, the court may, upon application of any party in interest and after notice, summarily determine the damages and by appropriate process enforce the collection thereof from those liable on the bond. Clerks, dutie. "SEC. 51. DUIES OF CLERxK.-Clerks shall (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 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 bank- rupt which is accompanied by an affidavit stating that the petitioner is without and cannot obtain the money with which to pay such fees; (3) collect the fees of the clerk and referee in each ancillary pro- ceeding before filing the petition whereby the ancillary proceeding is instituted; (4) deliver to the referees 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; and (5) 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. Compensation, "SEC. 52 . COMPENSATION OF CLERKS AND MARSHALS.-a . Clerks shall lerks an marsals. charge and collect for their service to each estate, whether in a court of primary or ancillary jurisdiction, a filing fee of $10, except when a fee is not required from a voluntary bankrupt. "b. Marshals shall charge the estate where an adjudication in bank- ruptcy is made, except as herein otherwise provided, for the perform- ance of their services in proceedings in bankruptcy, the same fees, and account for them in the same way, as they are entitled to charge for the performance of the same or similar services in other cases in accordance with laws in force on July 1, 1898, or such as may be thereafter enacted, fixing the compensation of marshals. Annual statistical "SEC. 53. DUTIES OF TTORNE GENERAL.- The Attorney General report by Attorney ePneral to ongress annually shall lay before Congress statistical tables showing for the whole country and by States and Federal districts and divisions thereof the number of voluntary and involuntary cases referred, a classification of the bankrupts therein by occupations, the number of cases concluded, the number of discharges granted and denied, the