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  • Bankruptcy. Fees of Referee. Extra AllowancesSource: The Virginia Law Register, Vol. 10, No. 5 (Sep., 1904), p. 455Published by: Virginia Law ReviewStable URL: .Accessed: 14/05/2014 13:40

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  • 1904.] NOTES OF CASES. 455

    2. That the transaction was not intended as a preference; and the filing of the contract within four months of the date when Bisenius was adjudged a bankrupt, though signed and executed long prior thereto, did not render it such within the meaning of the bankruptcy act.

    3. That the title to the property never became vested in Bisenius, and by no act of his did the plaintiff obtain a preference over his creditors.

    4. That the provision of the bankruptcy act declaring that, where a pref- erence consists in a transfer of property, the period of four months shall not expire until four months after recording or registering the same, refers to transfers originally intended as preferences, or which at their inception constituted such as a matter of law. Bradley, Clark & Co. v. Benson (Minn.), 2670.

    BANKRUPTCY-FEES OF REFERaEE-EXTRA AILOWANCEis-Under Bankr. Act July 1, 1898, c. 541, 30 Stat. 544 [U. S. Comp. St. 1901, p. 3418], as amended by Act Feb. 5, 1903, c. 487, 32 Stat. 797 [U. S. Comp. St. Supp. 1903, p. 409], the only allowance which can be made to a referee in addition to the fees and commission expressly prescribed therein is for expenses necessarily incurred, a detailed account of which must be kept and returned to the court, verified by the oath of the referee, and accompanied by vouchers when they can be procured. In Re Daniels (District Ct., N. D. Iowa), 130 Fed. 597.

    BANKRUPTCY-CLAIMS OF ATTORNEYS-ALLOWANCE-Bankr. Act July 1, 1898, c. 541, sec. 60d, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3446], pro- vides that if a debtor shall, directly or indirectly, in contemplation of bankruptcy, pay money or transfer property to an attorney, solicitor in equity, or proctor in admiralty, for services to be rendered, the transaction shall be examined by the court on petition of the trustee for creditors, and shall only be valid to the extent of a reasonable amount, to be determined by the court, and the excess may be recovered by the trustee for the benefit of the estate. Section 64b, 30 Stat. 563 [U. S. Comp. St. 1901, p. 3447], provides for an allowance for attorney's services rendered to the bankrupt in assisting him while performing the duties imposed by the act. Held, that section 60d was limited to the allowance of reasonable compensation to attorneys for services rendered to the bankrupt prior to the commence- ment of the bankruptcy proceedings, and did not cover services rendered in resisting the creditor's petition for an adjudication of bankruptcy. Pratt v. Bothe (C. C. A., Sixth Circuit), 130 Fed. 670.

    BANKRUPTCY-JURISDICTION OF COURT TO MAKE ADJUDICATION-POSSES- SION OF PROPERTY BY RECEIVERS-The fact that the property of a corpora- tion is in the possession of receivers appointed by a state court does not affect the jurisdiction of a court of bankruptcy to adjudicate such corpora- tion a bankrupt. In Re C. Moench & Sons Co. (C. C. A., Second Circuit), 130 Fed. 685.

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    Article Contentsp. 455

    Issue Table of ContentsThe Virginia Law Register, Vol. 10, No. 5 (Sep., 1904), pp. 365-474Land Transfers, Ancient and Modern [pp. 365-391]The Liability of Telegraph Companies for Negligence in the Transmission and Delivery of Messages [pp. 392-409]Former Jeopardy [pp. 410-422]Recent Virginia Decisions Reported in FullDistrict Court of the United States. (Eastern District of Virginia.) United States v. Goldstein [pp. 423-430]Circuit Court of Henrico County. Sprenkle v. Dillard, et als. May, 1904 [pp. 431-433]Law and Equity Court of the City of Richmond. Barton H. Grundy v. Walter Christian, Clerk of the Hustings Court of the City of Richmond. August 6, 1904 [pp. 434-437]Circuit Court of the City of Richmond. City of Richmond v. Peter Hagan &Co. August 16, 1904 [pp. 438-446]

    Editorial [pp. 447-453]Notes of CasesPrincipal and Agent. Notice. Fraudulent Participation [pp. 454]Alienation of Affections. Mitigation of Damages. Other Alienators [pp. 454]Bankruptcy. Preference. Conditional Sale. Recording of Contract [pp. 454-455]Bankruptcy. Fees of Referee. Extra Allowances [pp. 455]Bankruptcy. Claims of Attorneys. Allowance [pp. 455]Bankruptcy. Jurisdiction of Court to Make Adjudication. Possession of Property by Receivers [pp. 455]Corporations. Statute of Limitations. Liability of Stockholders [pp. 456]Libel. Charging Candidate for Office with Crime. Newspapers. Privilege [pp. 456]Libel. Publication. Letters Mailed [pp. 456]Malicious Prosecution. Malice. Probable Cause. Advice of Counsel. Reference [pp. 456]Police Power. Horseshoeing [pp. 456-457]Murder. Self-Defense. Intoxication. Burden of Proof. Instructions [pp. 457-458]Negotiable Instruments Law. Section 64. Change of Common Law Rule [pp. 458]Contract. Lack of Capacity. Intoxication [pp. 458]Discharge of Servant. Malicious Procurement. Liabilities [pp. 458]Obiter Dictum. What Is It? [pp. 458-459]Service of Notice of Process. Defendant Physically Unable to Take Papers. Service Must Be Orderly [pp. 459-460]Dogs. Property Therein [pp. 460-461]Negotiable Instruments. Provision for Payment of Attorney's Fee. Effect [pp. 461-462]

    Miscellany [pp. 463-466]CorrespondenceCorporation Commission. Issuing Charters a Ministerial Act [pp. 467-468]Judgments. Can They Be Perpetually Kept Alive?. Section 3577 of Code [pp. 468-469]Homestead Exemption. It Can Be Waived under the New Constitution. Reply to Mr. Leake [pp. 469-472]

    Book ReviewsReview: untitled [pp. 473]Review: untitled [pp. 473]Review: untitled [pp. 473-474]