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THE MUSIC TRADE REVIEW
New Rules of Bankruptcy.
•U. S. SUPREME COURT ANNOUNCES THEM UNDER
THE ACT TO TAKE EFFECT JANUARY 2 —
COURTS CAN NOW PROCEED WITH
THE CASES DELAYED.
[Special to The Review.]
Washington, D. C , Nov. 29, 1898.
The United States Supreme Court yester-
day, through Justice Gray, announced the
new bankruptcy rules, which it was author-
ized to frame and promulgate under the
National Bankruptcy act of July T, 1898.
The rules have been awaited with much
interest, as a number of courts declined to
proceed with bankruptcy cases until the
Supreme Court announced the new rules.
Justice Gray announced that the new
rules would take effect on January 2, 1899,
-and that all proceedings heretofore taken
substantially in conformity to the act and
the regulations of 1867, as far as practica-
ble, would be upheld.
The rules, while promulgated at this
time, he said, would not be ready for dis-
tribution for some time owing to proof, re-
vision, etc.
The rules are preceded by an order pre-
scribing the proceedings in bankruptcy
under the law previous to the day in which
the rules go into effect. This order is to
the effect that where the proceedings are
"in substantial conformity either with the
provisions of these general orders or else
with the general orders established by this
•court under the Bankruptcy Act of 1867
and with any general rules or special or-
ders of the courts in bankruptcy, they
shall stand good, subject, however, to such
further regulation by rule or order of those
courts as may be necessary or proper to
carry into force and effect the Bankruptcy
Act of 1898 and the general orders of this
court."
The first rule requires the clerk of the
court to keep a docket for entering cases
in their order with a memorandum of all
proceedings except those entered by the
referee. The docket is to be at all times
open to public inspection.
Rules 2, 3 and 5 relate successively to
the filing of papers, to processes, to the
•conduct of proceedings and to the framing
of petitions. The clerk is required to in-
dorse on each paper filed the time of its
receipt.
All processes are to issue under the seal
of the court. It is required that all peti-
tions and schedules shall be plainly written
and without abbreviation or interlineation.
Under the head of " conduct of proceed-
ings," rule 4, it is provided that "pro-
ceedings may be conducted by the bank-
rupt in person in his own behalf, or by a
petitioning or opposing creditor, but a
•creditor will only be allowed to manage be-
fore the Court his individual interest.
" Every party may appear and conduct
the proceedings by attorney, who shall be
an attorney or counsellor authorized to
practise in the circuit or district court.
Notices and orders not required to be
served on the party personally may be
served upon his attorney."
Rule 6, relating to petitions in different
•districts:
" In case two or more petitions shall be
filed against the same individual in different
districts, the first hearing shall be had in
the district in which the debtor has his
domicile, and the petition may be amended
by inserting an allegation of an act of bank-
ruptcy committed at an earlier date than
that first alleged, if such earlier act is
charged in either of the other petitions;
and in case of two or more petitions against
the same partnership in different courts,
each having jurisdiction over the case, the
petition first filed shall be first heard, and
may be amended by the insertion pf an
allegation of an earlier act of bankruptcy
than the first alleged, if such earlier act is
charged in either of the other petitions;
and, in either case, the proceedings upon
the other petition may be stayed until an
adjudication is made upon the petition first
heard; and the court which makes the first
adjudication of bankruptcy shall retain
jurisdiction over all proceedings therein
until the same shall be closed."
In the matter of priority and in cases
where two or more petitions are filed by
creditors against a common debt or alleg-
ing separate acts of bankruptcy on different
days, it is provided by rule 7 that prefer-
ence shall be given to the petition alleging
the earliest act of bankruptcy. In case all
the petitions name the same day for the
act the cases are to be consolidated.
Felix Kraemer in Hexico.
The advent to this city on his annual
visit of Mr. Felix Kraemer, of New York,
brings to mind this indefatigable gentle-
man's magnificent work in connection with
the introduction of American made pianos
into this market. He is a veteran piano
man, having been connected with the
American piano trade for over thirty years
and with the most prominent makers at
that. He has probably in his day placed
more Stein ways and Knabes in the homes
of music lovers than any other living man,
and is now as successful in demonstrating
the superior quality of the Kranich &
Bach piano and increasing his sale where-
ever he goes, as he has been with the
makes advertised at a tremendous cost by
concert tours and similar methods.
It
is really due to his efforts, so ably sec-
onded by Mr. Enrique Heuer, of this city,
that residents of Mexico can obtain
right here a high class piano at even a
lower price than the inferior, cheap Eu-
ropean makes can be sold for. Mr. Kraem-
er, who is besides the prince of good fel-
lows, speaks with great enthusiasm of the
future of Mexico as a market for American
pianos and believes the time not far off
when some American manufacturer will
appreciate the many advantages Mexico
offers for the manufacture of good pianos
with American made mechanism. He has
carefully studied the various conditions
to be met by pianos in Mexico and has in-
duced his house to adopt many special fea-
tures in the instruments manufactured for
Mr. Heuer's trade. His annual visit to
Mexico is always more for study and recrea-
tion than for direct business, as the interests
of his house are very ably represented by
Mr. Heuer.—The Two Republics, City of
Mexico, Nov. 20th, 1898.
The Alsdorf Hfg. Co.
[Special to The Review.]
Trenton, N. J., Nov. 28, 1898.
The Alsdorf Manufacturing Co., have
filed articles of incorporation with the
County Clerk. They have organized to
deal in pianos, cycles, sewing machines
and other articles. The authorized capital
stock is $jo,ooo, of which $1,000 have been
paid up.
The incorporators are John
Schoonmaker, of Newburg, N. Y., and
Augusta V. Alsdorf and Egbert Alsdorf,
of Newark. The principal office is at 518
Broad street, Newark, N. J.
Thrown Out of Court.
The suit of William T. Smith against
Wm. Knabe & Co. went off in the City
Court this morning by reason of the fail-
ure of the plaintiff to have an alleged con-
tract put in writing. Smith was the fore-
man of the machinery department of ths
Knabe factory, and claims to have in-
vented and patented a number of labor-
saving appliances in the manufacture of
pianos.
A verbal agreement was made
with the elder Knabe, according to Mr.
Smith's testimony, which was afterward
repudiated. This was done, as alleged by
the firm, owing to certain improper prac-
tices on Smith's part. Judge Phelps ruled
that the matter was too indefinite to allow
recovery in a suit at law.—Baltimore
News.
The Death of Daniel Horris.
At a meeting of the Boston Music Trade
Association held November 25, 1898, the
following resolutions were adopted:
Whereas, in the death of Daniel Morris,
one of our oldest associates has passed
from our midst, we desire to honor his
memory and pay our tribute to one of the
oldest piano manufacturers in Boston.
Although he was not a member of our As-
sociation, we wish to place on record our
sentiments of friendship and esteem for
our fellow craftsman, a man of strict in-
tegrity and business honor, a kind friend
and worthy citizen.
Resolved, that we tender our sympathies
to his family, and that a copy of these
resolutions be sent to them, also a copy
furnished the press for publication and the
same be entered upon the minutes of our
Association.
C. C. Harvey,
C. F. Norris,
Chandler W. Smith,
Committee.
Rodda in Trouble.
Sarah M. Rodda, a manufacturer of
pianos, at No. 357 West Fortieth street,
confessed judgment Monday for $1,015
in favor of Carrie Douglas, for borrowed
money, and execution was issued to the
Sheriff. She is the wife of Richard H.
Rodda, who has managed the business in
her name for the last two years.
C. L. Ferman's piano warerooms at
Milan, Mich., were seriously damaged by
fire last week.