Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1842-04-06
COURT RECORD.
Reported for tie Asias.
U. s. CIRCUIT COURT.
RAERupTcY.
Sa,pr,Iay, March 10.

Saturday, March 10.
Judge Story this morning delivered
opinions upon several points in bankruptcy.
The frs, case was that Of Jonathan Ii.
Cheney. who hat filed petition forth Iha,
on tho 18Th Of December he was commit
ted 10 The Jail limits on an execution
thar the ninety days for which by the
Revised Statutes poor deb.ers may be bail
cd for Jail limits, expired on the 18th inst.
and the petitioner was surrendered by his
bail, and is now iu close confinement; that
he was declared bankrupt on The hrs,
Tuesday Of March. aud the question is,
whether he is lawfully confined in Jail.
The Judge ruled that the bankrupt law
conferred no power upon the United States
Cour,s 70 discharge man confined in
prison under an execution issuing from
a State court. The reason why this mat
ter was no, provided for in The act is the
iutisposi,iun Of Congress to interfere, ex-
cept when absolutely necessary, with The
difieren, laws prevailing in different States,
in reference 10 processes for the recovery
Of debts. No greakcvil need be aPprehcn-
ded from this omission-because cases
like the one under consideration will DC
rare-ii they should prove frequent. Con-
ercss would undoubtedly provide the prop
er remedy. As 10 the matter OF inconvc-
nieuce. in ro, having the presence aud
aid OF the debtor in settling the es,ate.-he
can be brought before Court by writ Of
hn5eas corpus,-or The creditor might make
IN arrangement, with him by which the
debtors persol should go free. but the
debt no, be discharged. Any order Of the
Cour, for his release, would operate as
discharge Of s!,s debt.
Atthc same time his Honor remarked
no creditor should be allowed 10 prove his
dcbtin that Court or 10 receive ono larthing
of dividend. who retained his debtor in
custody. The proving Of the debt wonld
operate in itself rs discharge Of the deb
tor from arrest, since no man would he
permitted To have two remcdies-iu con-
fine debtor ai the same time that be has
all the security possible for his debt. just
ySiaia.laiy.- n man NAV at
take tho body, bu, he cannol dc both.
Edward G. Loruing for Mr. Cheney.
u. II. Fiske for Mr.. Flood.
EBefore the Cour, adjourned, Mr.. Lor-
Ing announced that Mr.. Cheney had been
discharged from confinement through the
in,crccssion Of Mr.. Fiskc.
The next case was that OF Benjamin Il.
Grant. His petition was that Sl26 might
bc allowed him for tho board OF himself.
wife and two children, from the date OF
his petition to tho period when he ex-
poets to obtain discharge. The petit
ton see firth also that the wife Of The
petitioner has watch worth Fifty dol
lars, given her by her husband ten
years since-sevcral finger rings and other
articles ofjewelry, part Of them being
presents from friends; also mourning
ring given her by the petitioner two years
since; tba, his sons have each gold
watch purchased two years since, princi-
pally with money given by friend (lhc
:a,her contributing S2Sl-,hat these ar'i-
c!es ere claimed by the assignee; and The
question was whether he has legal right
10 them.
The Judge commenced his decision
by ren,arking ,ha, in reference 10 uI! cases
in bankruptcy. the Cour, is clothed with
equity powers in relation to them.
Wuh regard TO the 6rsl poin, (the Si26
asked for board &c.) the Court read the
section oflaw which provides 'lhat there
shall be excepted from the operation Of
the law the oecessary household aud kitch-
en- furniture, aud such other articles aud
necessaries ofthe bankrupt as the assignee
shall designate. having reference in the
amount TO the family, condition and cir
cums,ances ofthe bankrupt, bul altogether
not TO exceed 10 value, in sny case, the
sum Of S300-and also The wearing ap-
parel Of the bankrupt. and that Of his wife
and children" The $l26 asked for could
not DO allowed over and above the $500
allowed by the law, but it might be allow
csl, Gfin the opinion Of the assignee rea-
sonablc sunny to the bankrupt for his
trouble in taking care Of the properly for
the sake of the creditors.
In relation TO The second point, (the
watch given by the husband to the wifel
rbe personal ornaments in The wife's pos
session before marriage. and those given
her by her husband, belong to the hus-
band, and consequently TO his crcdi-
tors, If there are nor other assets suih-
Glen, TO pay the debts. Blu, il the like Or
ticlcs were bestowed upon her by another
person than the husband, after marriage,
ihey would be deemed absolute gifts TO
her separate nse--and then. ifrcceived with
the consent OF The husband, neither he nor
his creditors could dispose Of them, any
more than they could Of any other proper
ty received to her separate use. The
watch, therefore. having been given by
/ the husband, may be taken by the credi-
i9rsiglhcy viii. They are entitled to the
pound of flesh, they choose TO take it,
AS 10 the mourning rings given TO the
wife, hy Third persons, there 10 no doubt
that they ,sass remain hers. They are
rssenorilils HE departed, and must be
soslehcd only ftbc aacfed hand Of affection.
asgs 9uesjion in relation TO the
sn the iwe SOMEONE IL,
Of age-- stewards which
Ss2s TIA faiher in
sss mike q present 70