In this country, the assignees are not official persons, but are appointed by the creditors at a regular meeting. (s)
District Court, Massachusetts, Jan 17, whatever, whereby the vote of such cred1872, In the matter of Pratt. See also, itor for assignee, or any action on the part
Anon. 13 Ves. 590, De Gex, 345; In of such creditor, or any other person in the matter of Marvio, Dillon, 178. the proceedings under this act, is or
(s) Sections 12 to 17 relate to the ap shall be in any way affected, in flupointment and the duties of assignees, enced, or controlled; and no claim shall
All proofs of debts against the estate of be allowed, unless all the statements set the bankrupt, by or in behalf of creditors forth in such deposition shall appear to be residing within the judicial district where true. Such oath or solemn affirmation the proceedings in bankruptcy are pend- shall be made by the claimant, testifying ing, shall be made before one of the of his own knowledge, unless he is absent registers of the court in said,district; and from the United States, or prevented by by or in behalf of non-resident" creditors," some other good cause from testifying, in before any register in bankruptcy in the which cases the demand may be verified in judicial district where such creditors or like manner by the attorney or authorized either of them reside, or before any com- agent of the* claimant testifying to the missioner of the circuit court authorized best of his knowledge, information, and to administer oaths in any district. To belief, and setting forth his means of entitle a claimant against the estate of a knowledge; or, if in a foreign country, the bankrupt to have his demand allowed, it oath of the creditor may be taken before must be verified by a deposition in writ- any minister, consul, or vice consul of the ing, on oath or solemn affirmation, before United States; and the court may, if it shall the proper register or commissioner, set- see fit, require or receive further pertinent ting forth the demand, the consideration evidence either for or against the admisthereof, whether any and what securities sion of the claim. Corporations may are held therefor, and whether any and verify their claims by the oath or solemn what payments have been made thereon; affirmation of their president, cashier, or that the sum claimed is justly due from treasurer. If the proof is satisfactory to the bankrupt to the claimant, that the the register or commissioner, it shall be claimant has not, nor has any other per- signed by the deponent, and delivered son, for his use, received any security or or sent by mail to the assignee, who shall satisfaction whatever other than that by examine the same and compare it with the him set forth; that the claim was not books and accounts of the bankrupt, and procured for the purpose of influencing shall register, in a book to be kept by him the proceedings under this act, and that for that purpose, the names of creditors
•no bargain or agreement, express or who have proved their claims, in the order implied, has been made or entered into, by in which such proof is received, stating the or on behalf of such creditor, to sell, time of receipt of such proof, and the transfer, or dispose of the said claim, or amount and nature of the debts; which any part thereof, against such bankrupt, book shall be open to the inspection of all or take or receive, directly or indirectly, the creditors. The court may; on the
1 That a lunatic may be adjudged a bankrupt in opposition to his guardian's wishes, see In re Weitzel, 14 Bankr. Reg 466 - K
* These are not removable by a vote of the creditors, nor by the court, or any tribunal, but for cause shown, (ss) But the proper tribunal must listen to any proper application by the creditors, or any part of them, for his removal, and must ascertain whether there be sufficient cause; and generally may remove if such cause exist, and is judicially known by them, without application, (st) application of the assignee, or of any creditor, or of the bankrupt, or without any application, examine upon oath the bankrupt, or any person tendering or 'who has made proof of claims; and may summon any person capable of giving evidence concerning such proof, or concerning the debt sought to be proved, and shall reject all claims not duly proved, or where the proof shows the claim to be founded in fraud, illegality, or mistake. Where this power is vested in the creditors we know no reason why they may not exercise it in the freest possible manner, and elect whomsoever they please to the office of assignee. By provision of many of the statutes, the power of rejection is vested in the commissioners. The consideration, whether the person chosen is or is not a creditor of the bankrupt estate, should have no weight in inducing the commissioner to reject. Ex parte Greignier, 1 Atk. 91; In re Litchfield, id. 87; Jackson v. Irvin, 2 Camp. 48; Ex parte Grant, 2 Bank. Reg. 35. But Lord El don placed this limitation on the power of the creditors to elect whom they pleased; that they should not elect the bankrupt to be assignee of his own estate, on the ground of the great inconvenience attending such a relation. Ex varte Jackson, 2 Rose, 221. And it has been said that neither the solicitor to the commissioner, nor his partner, could be elected. Ex parte Rice, Mont. 259; Ex parte Bad cock, Mont. & McA. 231. And in Ex parte Lacey, 6 Ves. 625, Lord Eldon said, that the banker receiving the money under the bankruptcy, ought not to be assignee. But a solvent partner could be. Ex parte Stoveld, 1 Glyn & J. 303. And the court would withhold an approval of the assignee, if it had good reason to believe that the choice was unfair and covinous. Ex parte Bliss, South. D. New York, 6 Internal Rev. Rec. 116. If no creditor attends the meeting called to choose an assignee, the register should appoint one. Er parte Cogswell, South. D. New York, 6 Intern. Rev. Record, 85. But no person ought to be appointed who is interested in the bankrupt's estate, or, at least, has an interest adverse to that of the creditors.