The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-06-12
United States District Court.

United states District Court
In Neutrality-suspicious. Judge Belts
JUNE ll.-This being the day on WHICH the seventy
day notices expired, and whom it expected the de-
Of discharge would be allowed large number o!
persons assembled to witness the proceedings
Before abiding to the petitions the Court rendered the
following
Edmond II. Miller this case there is fund in the
of the general assignee for the benefit of the cred
he prepared to make dividend and the Court ordered
public notice for creditors to come in and prove their
. ali who shou before
that time. On the LIST Of June the assignee reported the
names of creditors who had proved their claims previous
To- the llth On the same day the lsD Brown and
Wakely proved debt and they ask to participate in that
dividend claiming their right such until the funds ac
tuay from the possession of the assignee The as
sgnee ON the contrary declares that no creditors have
right to participate in that dividend but such as have
proved their claims previous to May H. am satisfied
aid the Cour that the Of the assignee correct
one The creditors sufficiently notified and is not
necessary that they should have special notice When
every creditor has been legally notified and if he come
in and make proof of his debt he is entitled to share
some creditors say that they intend to resist dis
time This the Court does not conceive to be the
The law that creditor who intends to avail him.
self OF his privileges in relation to bankrupt can only
do so by coming in and proving his claim After he has
done that the assignee is notified by the clerk and he is
considered in that light If he does in the
time legally notified he precudes himself from the bene
hts he would otherwise possess Without going further
into the case is enough to that the creditors now
claiming cannot be allowed participation in the first div
dend.
[Alessrs Doughery Jones appeared as counsel for
Brown Wakely and Messrs. J. L. M and p j. Joa
chimssen contra
Carlos p Houghton--In this case there had been
der OF reference commissioner The opposing credi
tors and the bankrupt both took testimony. The creditor
moves an order from the Court that the Commissioners
port in FULL The commissioner says the report ready
but the bankrupt his part has paid his fees The
bankrupt that he should not be compelled to pro
duce evidence taken. The creditor Think has right
invoke the aid Of the Court II he wishes the testimony
fOh ah in Haic do
on securing the fees But may be for tne interest OF
hedebor that the testimony of his witnesses should be
produced At the same time it does not follow that the
Commissioner should lose his compensation He must be
satisfied before discharged given When creditor has
heard the evidence he can set out his own proof and must
bring it in at his own expense
Mr.. Sayre for bankrupt; Mr.. Joachimssen for ere
tori
George Richmond-A decree of bankruptcy in this case
had been allowed but objection afterwards urged by his
creditors that notice had been given to them All the
notice they are entitled to receive previous to decree is
the publication in the papers. If has been post
poned for good all that they have do is TO look
the docket. The creditor was wrong in this Now
rs to the questions Of costs-shal they be allowed The
Court after remarks stated that whatever expense in
Cured by creditor and costs allowed to him the
amount should be added to his demand against the bank
rupts estate; and the expenditures by bankrupt in
meeting objections when decreed COSTS should go
offset and be subracted from the creditors claim Costs
to be allowed and taxed, and applied to the debtor
Mr. Dresser for creditor Messrs Cook and Joachmssen
for bankrupt
DECREE or Final DiscHAReE-The Court stated, that
this is the first day in which notices had expired for final
discharges Under the law party cannot, the frs.
day. get his final decree. The Court be officially al
must be through the clerk and the assignee The party
must be discharged on petition which be presented
till the time has out He then files his petition in
which he that he has complied with the order and
the law and referred to the clerk report whether
majority in amount of his creditors have filed objections
or otherwise. II the creditors oppose the subject
nc referred to another tribunal and another mode of
ceeings be taken. If objections have been urged BY
the majority the bankrupt after report to that effect is
discharged
Mr.. Western inquired when the petition could be fled
The Court replied that it could be instanter if the
Mr. w. stated that in one Of the cases where notice had
run out to-day there is utter inability to furnish SIS
required by the assignee. Is that Of David Barnett
There has been expense whatever in the case and
assets yet the assignee says you must pay $5 you
will not have your discharge. would submit whether
defeated put his hand in his pocket the assignee
should not be compelled to make return without the 49,
otherwise the petitioner is defeated, although he is just
such Congress intended should be cleared The
rule of the Court says necessary sum- and submit If
the charge Of the assignee in such case should not be
The Court in reply said that it not with the assignee
any more than with the clerk, to make mere nominal
charge he must bring the subject before the Court which
can decide in relation to it. The trouble might not be
regards the BANKRUPT Act do not think
Every provision in it goes upon the principle that the
bankrupt has something which be surrendered and he
surrender property The idea prominent in the act and
running through that there no mendcants apply.
ing in bankruptcy, but that all have something which
they give up listen therefore, to the evi.
dence that the man actually poor II he take up
this act and pay the expenses he is at liberty to do So
form the service for nohng the large number Of bank
rupts in this district and throughout the United States
such law has been promulgated The trainers Of this act
have departed from the mode laid down by the expensive
every thing pass through commissioners court
necessary expenses which must be paid. may
nisserae the situation Of bankrupt contribute nd
viduay but cannot hear the argument that he
He comes in and must comply with the provisions. The
Court has made the rate Of compensation low posi-
BILE III the attorneys clerks other fees high
will alter them, but while they are established they
] must be observed
The general assignee said he would waive all form in
regard to the matter, permit the counsel to file his
plant nstanter and show He then read the sche
dule of Mr. Barnett by which appeared that be had
rigid laws of Maryland had every thing swept from hin
by attachment, even to his watch, and ignorant
more trouble in the way than Mr. western haa supposed
| The Court said il would consider the apple ation
| Daniel e. Dearan-Mr. Edmords stated that this wa
of the in which the term for advertising had
| PRED to-day He had filed objections from two sets
creditors and was now prepared to file such from ma
ority of the creditors in amount He moved an order
1uiring his assignee produce the books petition an,
have them examined before commission The order wa
! granted.
creditor could file objections without the necessity Of be
ing Joined by others to make two thirds Also that oh
ccons could be filed till the petition ofdischargc had beer
| presented
Argument was then submitted in two cases, an
| the Court adjourned.
| OREeoS ExPEpirieN.-We learn from the Western Mis-
ouran that the Oregon expedition met at their place
rendezvous the boundary line of this State tn
10th inst and elected officers and made other arrange
mcnss preparatory to setting out upon their perous jour
ney. DR.. Elijah White was unanimously elected Captain
and c. Lancaster, J. W. Hastings and A. l.. Loveoy
scientific corps 10 keep record Of every thin
occurring upon their route which may be of value to tn
government, or those who may afterwards wish TO
CRATE to the Pacific The expedition consists OF Sc mer
IL women and 30 children. They expect arrive For
Van Couver the Columbia by the LIST day of Ocobe
They left Elm Grove 40 miles from independence,
on the 18th.
DEPARTURE OF REoRviTs.-A heavy detachment, 20
men and boys, enlisted at the naval rendezvous in tn
city took their departure this morning, per railroad an
Oswego steamers, for Boston. The detachment is /
charge Of Lenss Watson Harrison, Kitty and Scott an
and mattresses made up in this city since the establish
ment of the rendezvous, forty days since. The
cfofv Inv rho