The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-04
United states District Court.

before Ju0ge betto.
MARCH 3-Twenty.four petitions for bankruptcy,
in which the twenty days required for advertising
had expired, were called up and motions made Tor
DEGREES, no objections having been offered.
In the ease ei Stephen Clark, w. Whiting OBJ
tanned leave to file objections on behalf of credi
tor, and it lies over for day or two.
Similar leave was obtained by counsel in the case
Of Horace James, and also in that OF Thomas p Bo-
William T. Palmer was opposed by Barry g.
Way on the ground that in contemplation of bank
ruptcy he h ad paid over to Joshua A. Lane, debt
for the purpose of giving him preference over
the general creditors /; and also denying the con-
stiutionality Of the law.
Thomas ID. Lee, ply stefan, was opposed by VIM.
Sinners, also physician, on the ground that he
lie indebted to said Sinners y2,2lS 75c., on which
signed his property in 1889, but paid judgment to
another party, which was obtained subsequently to
the one ef.Simers, presenting the appearance that
the assignment had not been faithful, but means
kept back. He also believes that the petitioner
has not made full statement Of all his property.
The questions of law raised in the case OF Angus.
ia Zarega, were argued by Mr.. Patten on behalf
Of the petitioner, and by Mr. Joachimssen Tor the
opposing creditors, Messrs. Hcnshen Il Unkart
One OF the points was in relation to the constitu-
tionalty Of the law. The Court decided that in its
opinion the law was perfectly constitutional that
Congress being vested with full power to frame
such.
Another objection was, that commissioner Of
bankruptcy under this law had NO right to admins
ter an oath to the petitioner, his authority not
commencing till after the petition had been filed.
On this the Court will give its decision to NOR
row.
Another was as to regularity, which stands
over.
Another, and most important one, was as to
how far the bankrupt law affected a foreign
creditor, or ose residing out of the United States.
The Court directed that this question should be
gued before it on Monday morning.
Several questions were asked and replied to by
| the Court
Should the Judge be unable, by Sickness, to at
tend on the day petition is returnable it will lay
| over without prejudice.
| Personal notice to-; creditors will not answer
| The petition must be published.
In relation to advertising, Judge Belts stated that
| he had written to the Supreme Court, but no an
| swer had vet been received The law states that
the first notice shall be advertised twenty days,
and the second notice seventy. Until the questl on
is decided whether the publication shall be daily or
| a less number OF times, Judge Thompson and him.
self thought that in the city the principle OF adver-
Using daily should be adopted, and it will, for the
| present, be pursued. Out Of town notices, where
the parties reside, have been ordered, thus far,
| three times No regulations have been adopted as
| to such for the long netices.
The party filing an objection has the right Of
| choosing the commissioner.
| The Court will give its opinion whether crcdi-
tor can file objections after the first notice has pass
ed and Decree of Bankruptcy granted, an ear
| ly daY,