690

AMENDMENT OF BANKRUPTCY RULES.

be the duty of cach depository to file with the bankruptcy court during the month of January in each year a sworn statement in writing disclosing

(a) The amount of monies on deposit with it as such depository on the last business day of each month in the preceding calendar year;

(b) Whether any of the individual sureties on its bond has ceased to be a resident of that judicial district, or has died; and

(c) Whether the financial worth of any of its individual sureties has become materially impaired.

4. It shall be the duty of the bankruptcy court to require a depository to give a new bond whenever it appears that the prior bond is not sufficient in amount, in view of present and prospective deposits, or that a surety has died or ceased to be a resident of that judicial district, or whenever there is otherwise occasion to believe that the prior bond does not constitute adequate security.

5. It shall be the duty of the bankruptcy court to require each depository in its district to give a new bond within five years after the giving of its last prior bond.

6. A surety, or the personal representative of a deceased surety, on the bond of a depository may, by a petition setting forth the grounds therefor, request the bankruptcy court to require the depository to give a new bond and thereby to relieve such surety, or his estate, from responsibility and liability as respects any future default of the depository, and, if upon a hearing had after reasonable notice to the depository, to other sureties on the bond, and to the trustees or other representatives of bankrupt estates having deposits in such depository, it appears to the court that the petition can be granted without injury to any party in interest, the court shall require the depository to give a new bond.

7. A new bond given under any subdivision of this general order shall, from the time of its approval by the bankruptcy court, be regarded as taking the place of the preceding bond as respects any subsequent default of the depository; and, upon approving the new bond, the court shall enter an order relieving the sureties on the prior bond, and the estate of any deceased surety, from responsibility and liability thereon as respects any default of the depository occurring thereafter.

8. If any depository, when required to give a new bond, fails to comply with that requirement within the time fixed therefor by this general order or by the bankruptcy court, it shall be the duty of that court to order such depository to pay over all monies on deposit with it as such depository, and to revoke its designation as a depository.

February 15, 1937.

INDEX.

ABANDONMENT. See Bankruptcy, 4.
ABATEMENT. See Death.
ACCOUNTS. See Evidence, 7.
ADEQUATE REMEDY. See Equity.
ADMINISTRATIVE ORDERS AND REGULATIONS.

1. Validity. Presumption of existence of facts justifying regu-
lation. Thompson v. Consolidated Gas Co., 55.

2. Id. Validity of administrative order as affected by motive
of officer. Isbrandtsen-Moller Co. v. U.S., 139. .

3. Id. Notice and Hearing, when not prerequisite to issuance
of administrative order. Id.

4. Effect. Enforcement. Force of regulation prescribed by In-
terstate Commerce Commission pursuant to constitutional statu-
tory authority; determination of what constitutes compliance. A., .
T. & S. F. Ry. Co. v. Scarlett, 471.

5. Conclusiveness of Findings of fact. Swayne & Hoyt v.
U.S., 297.
ADMIRALTY. See Death.
AD VALOREM TAX. See Taxation, III, 1.
AGENCY.

Payment to agent. Martin v. National Surety Co., 588.
ALASKA. See Jurisdiction, III, 2.
ALIENS. See Claims, 1.

Immigration Act. Penalties. Intent to leave him here not
essential to "bringing alien" in violation of § 10. Osaka Shosen

Line v. U. S., 98.
AMENDMENT. See Pleading, 3.

ANTITRUST ACTS.

Penalties. . Maximum penalty of six months' imprisonment for
contempt, provided by $ 22 of Clayton Act, inapplicable to con-
tempts arising out of proceedings brought by or on behalf of the
United States. Hill v. U. S. ex rel. Weiner, 105.

APPEALS. See Bankruptcy, 6-8; Jurisdiction.
ASSESSMENT. See Banks, 1-3; Statutes, 4.
ASSIGNMENT.

1. Validity. Assignment by beneficiary of trust; what law
governs. Blair v. Commissioner, 5.

2. Effect. Irregular assignment of claim against United States
as giving rise to equities. Martin v. National Surety Co., 588.
ASSIGNMENTS OF ERROR.

Necessity of. Sonzinsky v. U. S., 506.
| AUTHENTICATION OF RECORD. See Jurisdiction, I, 12.
AUTOMOBILES. See Constitutional Law, II, 4.
BANKRUPTCY.

For Amendment of General Orders in Bankruptcy, see p. 689.