Page:United States Statutes at Large Volume 73.djvu/298

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[73 Stat. 260]
PUBLIC LAW 86-000—MMMM. DD, 1959
[73 Stat. 260]

260

60 Stat. 325. 11 USC 65.

60 Stat. 329. Clerks, duties. 11 USC 68.

11 USC 79.

Debts, priority. 44 Stat. 666.

36 Stat. 842. L im i t at ion of compensation. 47 Stat. 1470. 11 USC 203.

PUBLIC LAW 8 6 - 1 1 0 - J U L Y 28, 1959

[73 S T A T,

special masters under this Act, shall be covered into the Treasury of the United States for the account of such salary and expense fund. The salaries of the referees in active service and the expenses of the referees, including the salaries of their clerical assistants, shall be paid out of annual appropriations from such salary and expense fund by the United States. Any deficiencies of such salary and expense fund shall be paid out of any funds in the Treasury of the United States not otherwise appropriated, and appropriations to pay such deficiencies are hereby authorized: Provided, however, That there shall be covered into miscellaneous receipts of the Treasury of the United States in any subsequent year so much of the surplus, if any, arising in the salary and expense fund as may be necessary to reimburse the Treasury oi the United States for payments made on account of such fund in any prior year." ^e) Subdivision c.(5) of such section is amended to read as follows: "(5) As of the day preceding the date when the referees, as provided by paragraph (2) of subdivision b of section 37 of this Act, are to take office, an allocation shall be made by the judge or judges of the several courts of bankruptcy of all filing and other fees, commissions, and allowances, and of all expense funds, due the then existing referees for services rendered and expenses incurred in the cases pending before them, whether as referee, conciliation commissioner, or special master under this Act. The balances of such filing and other fees, commissions, and allowances and the expense surpluses shall be covered into the Treasury of the United States by the referees and the clerks, to be deposited to the credit of the salary and expense fund. All cases pending before outgoing referees shall be referred, and no additional filing fees shall be required, but additional salary and expense charges may be assessed in such cases in such amounts as the judge or judges of the several courts of bankruptcy may deem equitable, taking into consideration the schedules of additional fees fixed by the Director and the payments previously made therein." SEC. 2. (a) Clause (2) of section 51 of the Bankruptcy Act (11 U.S.C. 79) is amended to read as follows: "(2) collect the fees of the clerk and trustee and the fees for the referees' salary and 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 installment 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 section 51 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 and expense fund, and transmit to the trustee, within ten days after a case had been closed the fee collected for him at the time of the filing of the petition." SEC. 3. Clause (1) of subdivision a of section 64 of the Bankruptcy Act (11 U.S.C. 104) is amended to repeal the words "the fees for the referees' salary fund and for the referees' expense fund;" from the phrase following the first semicolon and to enact in their place the words "the fees for the referees' salary and expense fund;". SEC. 4. That the second paragraph of section 72 of the Bankruptcy Act (11 U.S.C. 112) is amended to read as follows: "No referee shall receive any compensation for his services under this Act other than his salary^; and allowances made to a referee for compensation or expense while acting as a conciliation commissioner under section 75, or as a referee or special master under any chapter or section of this Act, shall be paid to the clerk, and by him transmitted