The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-30
United states District Court.


IMPORTANT DECISION ON TIE BANKRUPT LAW.
The Jtted States rs. Av9oStas Zrad.-On the ith of
July $780, the 4th OF August. $780, the Cd Of Septenhox
1s40 7h Ct October 1s4O 9th II Novembsf 1870 1t of
December, 1s40 and 5h Of January. 1884, various judg
Tents, amounting in all to %, were obtained in this
in favor the Upited States against the
On bonos executed by him TO secure the payment OF du
ts which bsd accrued upon impcrtstoDs Of dutia Die
articles into this port. Executions Of m taas had
ssued by the plaintiff The several jod and
turn ed BY Tie Marshal uIsatsed On the I'd day Of Au
gust 1892 The deien eut Gully declared bankrupt
eceTeo s certificate of discharge ltereupon pus-
susr TO the proyi lens OF the harkIuot act approved
Aug ust 10, l641 On the 22o of June 1872 tia plaintiff
through he United Sa es Of this district fled
pr Of OF ceb. in their behalf sispg Of tbs %
ju6autrts. On the I'D of November, 1855. the plaintiff
csused alias wits OF fri otiss to be issued these
eats and to DO delivered to the Marshal of tbis
cisrc, who ede1 10 MIKE Esrvce thereof and a..
tech the cperty Of the defendant 1heIeupcn the de-
eLcart served notice upon tie District Attorney OF
cn 70 be ace 10 hin court for order to set aside
executions and proceedings for perpetual stay
hereof That motion brought 10 final hearing st
tbe present. term Jbe discussion Of principles faced
in tie application, ard Of the authorities quoted by the
resIec i've paItieson he argument, will merit de-
tailed eA8mjns ton thar BE coLvenis nty given
ia writing, The present decision win accord ngy
to tn than the general conclusions {, viii ii the
Court has confederation q the IN lin points
The Court can regularly and properly take cogni-
zsnce cftbis subject mater en- molten, and grant
lief 4 ufcient case IA Is for 1t. la many States Of
there is ground at leest for doubt whether avda
regular suit, tie maintained sgainst the United
staes TIE principles which govern that pecu lar
IfTesy II Eeirg designed to afford eoercive judg-
m'nt in denagts or By injunction against the party
sued ii erety.
o The Tinted States when sutors their own courts,
steFipg 10 enforce den against ydua by
o. the functions OF courts of justice subject to the
rules Of decision md lin itation OF remedies
private parties unless they have provided themselves
prions privileges BY positive lar, unless they
este bhsh prert gave or governmental exception in
u cir btbsM Inc advSnrae they possess over lnd
in
against their debtors FOR the recovery Of
Debts lot rest In prercgativs, but IL derived from
g. The instances ipswhich /. has been beld
y he United States courts that the government il not
in The N, establish general principle UNFOLDING pre-
rgsye Of exemption from the operation of bsnkrup.
ies,ect 70 sws of the United States state statutes
which become Applicable only as rules Of decision IN the
g. The u ame nts and executions now souch. 10 be In
forced y tho United States represent amounts Of duties
eh had occurred la taticns OF merchant Use into
Is port and remained uusatisGed to the
Til, re u no inherent poser N the government without
gla,on TO ctnsti ute there causes of sction aeots
10 con pei he payment Of duties. They became &c,
ara ore cole by process of law sely by force Of
stautts Natural uld indicate that the legs.
oysr j. ais. Of par 81 eapsa tae
Ietr1 rg TO the government Ia the a debt simply
such to tho for the purchase of property
o. Obligations Ct retyship Communicates prvi
Gee tuternr What Individual e,edi possess. II
csnot arrest ard mprison its debtors in sush cases,
proEuciDg Gfrect NSrIhMt OF MT tntfe0r ana
itre strong party Of legal for hodirg that the
noyeJ On, cannot without special reservation bv
etstute set up claim TO judgments subsis!ng in it,
fsv, r. which hss BY law void imperative by
! eene al CT actment.
B. Eut he American cases, aud those in England
which sssun Implied pItrcgsti,e Ia .5e sovereign
rt to he barred ty ipsovent laws statutes OF mita
ton when not nam, therein concede that the intention
d Inc Ieeature IL at tuoh laws shall ~ Tia,
ryeJI rn.pt may be implied and TO no lei ned
eeimr,d BY The ordinary rules for TIA construction
! 2tstutes.
6. TIE riesumptitn from the provisions Il the Back
tunt act ii Augost 10, 1s4l and frtm f.es preedin
and coroon liant TO its passsge tas petitions proceed
ngs in Cor gIess debates in boa. Houses, and tho
tbs ster IT wen Toto operation ia exceeding
- toIebe that the intention OF The vas tina
It should operate alike upon debts cue the nied Stats
snd udivcuals
T. TIE eronLt o. u 6.bs 1rsss prcs iug upon .hs 4or
srriy al ia "a Sas cIoimoU. ia W, Lptsi