• Petition for Revision of Proceedings in the District Court of the United States for the Northern District of California, in Bankruptcy.

Presenting his petition under the provisions of section 24b of the bankruptcy act of July 1, 1898, c. 541, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3432], the petitioner alleges that on or about March 15, 1906, he was ordered'to appear before the referee in bankruptcy and show cause why he should not be ordered to pay to the trustee in bankruptcy the sum of $395.96, alleged to have been received by him upon an execution against the property of the bankrupts within four months after the filing of the iietition in bankruptcy; that in response to said order petitioner appeared before the referee and objected to his jurisdiction to make the order, on the ground that the remedy was an independent suit to recover said money, and that the referee had no jurisdiction in a summary proceeding to order the petitioner to surrender the same; that the referee proceeded to the hearing of the order to show cause, and on April 17, 1906, made an order directing the petitioner to pay said money to the trustee; that on or about October 1, 1906, the trustee filed in the District Court for the Northern District of California his petition for an order to show cause why the petitioner herein should not be punished for contempt for failing to obey the said order of April 17, 1906; that to said order the present petitioner filed a written and verified answer; that on November 14, 1900, said District Court adjudged the petitioner guilty of contempt, and ordered that lie pay said sum of $395.90 within 10 days, or be confined in the county jail until the order was complied with, unless sooner released by the order of said court.

The petitioner alleges that the said District Court erred in adjudging him guilty of contempt, and in holding that the referee had jurisdiction to make the order, the violation of which was held to be contempt.