Cossack

(after stating the facts).

Referees are invested with certain powers, “subject always to a review by the judge.” Section 66> title 11,. USCA. The referee has no independent judicial authority. He is not a distinct court, and has rio power not conferred by order of reference, by law or general orders. “The district eourts of the United States in the several States ® ® ® are made eourts of bankruptcy.” 11 USCA § 11. A court is said by Blaékstone to be a vested judicial power to adjudicate issues between contending factors, and is composed of the actor, or plaintiff; the reus, or defendant; and the judex, the judicial power which examines the truth of the contending parties and applies the remedy. A referee is an instrumentality of the court, with limited powers. His jurisdiction is defined by section 66, title 11, USCA, supra, and his duties are given in section 67. Neither of these sections gives him the power to review and set aside the order made, and in issue on this appeal.

General Order No. 27 of the Supreme Court (11 USCA § 53) provides that, when a review is sought of any order of the referee, a petition shall be filed with the referee setting forth the error complained of…