In re Magen

J. B. McPHERSON, District Judge.

At the trustee’s request the referee has certified .that the bankrupts’ answers upon their examination were manifestly false and evasive, and recommends their punishment for contempt. They did not have notice of the trustee’s petition, *573or of the contemplated action thereon, and in this I think the proceeding was erroneous. I see no reason to doubt that the referee may certify such a state of affairs upon his own motion; but, if the proceeding is begun by an interested party, the bankrupts are entitled to notice, as of any other action that may affect them…