Greene

This appeal presents the question whether the District Court may require a farm debtor, who has voluntarily dismissed his proceeding under section 75 of the Bankruptcy Act, as amended, 11 U.S.C.A. § 203 , relating to agricultural compositions and extensions, to pay fees and expenses of a conciliation commissioner and fees of a special master appointed by the court in the course of the proceeding.

The appellant filed a petition under section 75 and paid the fee of $10 exacted by the statute. Its petition was ordered approved as properly filed and was referred to a conciliation commissioner named Griffin. A creditor later moved to dismiss the proceeding. The court referred the motion to appellee’s testate (who will for convenience be referred to as appellee), as special master, the order of reference being made with the consent or at any rate without objection on the part of counsel for the appellant. The composition proceeding was then transferred to appellee as conciliation commissioner, he having been meanwhile appointed to that position. There were hearings on the motion before the appellee, acting as special master or as commissioner, and appellee thereupon reported and…