Adair

This appeal is from an order settling and allowing an account rendered by appellee in a proceeding 1 under section 75 of the Bankruptcy Act ( 11 U.S.C.A. § 203 ).

Appellee is a conciliation commissioner for San Bernardino county, Cal., appointed under and pursuant to subsection (a) of section 75, supra. 3 Plis powers and duties are, in general, those of a referee in bankruptcy, General Orders in Bankruptcy, Rule L, par. 11, 288 U.S. 644 (11 U.S.C.A. following section 53). 4 These powers and duties are specified in sections 38 and 39 of the Bankruptcy Act, 30 Stat. 555 (11 U.S. *751 C.A. §§ 66, 67) 5 and in Rule XII of the General Orders in Bankruptcy, 288 U.S. 623 (11 U.S.C.A. following section 53).

On August 4, 1934, Andrea Cuccia, a farmer residing in San Bernardino county, Cal., proceeding under subsection (c) 7 of section 75, filed his petition stating that he was insolvent or unable to meet his debts as they matured, and that he desired to effect a composition or extension of time to pay his debts. Thereupon, pursuant to paragraph 2 of Rule L, 8 the District Judge approved the petition and referred the matter to appellee.

Cuccia did not surrender his property to…