Bowman

The appeal in this case arises out of proceedings initiated by appellant’s petition in the district court for an extension under § 74 of the Bankruptcy Act as amended. 1 Appellant’s petition was denied by the referee but was thereafter re-referred to the referee by the district court. On August 19, 1936, the referee filed his certificate with the court in which he concluded: “I therefore recommend that the proposal or proposals of the debtor for an extension under § 74 of the Bankruptcy Act be not confirmed, and that the debtor be adjudicated a bankrupt.”

The district court on August 21, 1936, made an order reciting the referee’s recom *743 mendation and adjudicating appellant a bankrupt. The case was then referred again to the referee for further proceedings in bankruptcy. Appellant on September 10, 1936, petitioned for a rehearing and later moved to vacate the order of adjudication and to have the proceeding dismissed without prejudice. Upon these motions the district court on October 16, 1936, ordered the cause again re-referred to the referee with directions to hear and consider the petition for extension and any supplemental petition, and to make an' order thereon. In…