New-York tribune., 1867-09-17
CTTTL COURTS.
L. s. DISTRICT COURT.-IY BASKRUpTcY.'
WITHDRAWING PROOF on FILE.


In re James NJ. LoveTre. a Bankrupt
In this case at the first meeting of cred-
seIs, Nath9nie Miles an agent for Edward seabury
proved ana He'd claim OF Seabury against the bankrupt
but he was not authorized by any letter of attorney from
5eagny TO vote on behalf OF seabuy In the choice OF an
his proof OF sea6uTs claim 10 this the 6anITnPt OBJ
the bankrupt for 5000 and agreed TO give hmla full dis
charge when they were paid that the notes were not YET
due, and that these facts had, through an error on the
part Of Miles, been omitted from his deposition IN proof Of
Seaburys claim On this ground, IN part Miles asked
leave 10 withdraw the deposition Ihe bahKrupt oD-
iected 10 this The Register thought that Miles ought to
be allowed 70 amend the proof Of seaburys clain but
from the files the proof already put IN Miles insisted
upon his right to withdraw tic deposition from the MES
and asked that the question should be certified to the
Judge for his decision.
Tie Register is correct IN his view. Neither the proof
Of debt nor the deposition be withdrawn, but the
party ought to be allowed and required TO amend his
The Clerk will certify this decision to the Register,
Edgar ketchum, esq SAMUEL BLATCHFoID.
RIGHT OF A VOLUNTARY BANKRUPT TO SUR
RENDER MS Estate TO THE THE REGISTER IEl5I.l,
In this case, on the appearance OF the bank
rupt before the Register to whom the case was referred
crv consisting OF store OF goods 81 Lloyd Ulster CO..
forth iu the hankrupts schedule rs OF the value OF
s3835os The Register declined to comply with the re-
quest Of the bankrupt until hc should be advised by the
The Rce.lcr states that the baukrupts request was
based upon the provisions Of section Of the act.
Ia case Of voluntary bankruptcy the debtor IS re
This willingness 10 surrender al bis estate and effects
fox the I.ut Of lis t.CditO.a Iy section Ui the act
the Register BIAS the power. and h 7 made hs duty 10
receive the surrender" of the bankrupt. and 10 grant
protection These gll the provisions thcrc are ID the
act in regard 10 surrender protection Form M.
contains aytrWcut that the debtor is Wiling 20 sur
render a m and effects for the bcucN ul Nl' ti.
itors. Rule ui the General Orders In Iuukupicj w
pr0y That Register may conduct proceedings ia rcia
tested namely: Receiving the surrender Of q bank
and granting protection therein. ID lAC iit-cul
ease the bankrpts petition rcfoucd 10 the Register
bv Form No g." The Register does not state whether lac
has made aI ADJUDICATION of bankruptcy according
10 Form 80. g." and issued a warrant according
90 Form No C." hu assume that he ha. done So Iele
Is nothing iu such warrant authorizing tic alaioN 10
take possession the property of the bankrupt nor Is
there any provision iu the act authorizing or requiring
the Marshal take possession of The property of volui
tary bankrupt. After the warrant PORN No g. i Is
sued notices of ling Of creditors tO be given
which meeting under section ii OF the act be hel1
nj as late period as 90 days after the adjudication OF
bankruptcy, and tlC Issuing of the warrant ~ such
meeting an assignee Is 20 bc elected or appointed The
assignee has five DAYS in which 10 accept Tho trust ana
as lie is appointed and qualified an assignment o
bq.rupf's b. be made 90 him hy the Judge
or the Register and section provides that such as
signncu shall relate back TO the commencement OF said
proceeding iu bankruptcy, aud theIcupOn, by operation
Of the title 10 al such property ana estate, Dot real
and personal, ch1ll vest in such asslgucc' IL
results from these IroylsQns, thot during INC IN
terval between the adldicatiOn Of bankruptcy IN the
case Of voluntary bankrupt and the delivery OF the as
sigumcnt to the assignee and which interval may pe s
much days more, the property OF the bak
rupt cannot under the act be put into the possession or
custody OF thc Court, OF any officer actlng under tac
bankruptcy act. hui must remain n the possession ana
control OF the bankrupt unless 70 during that inter
val be kept tbr temporary custody Of the Register TO
bc handed By him 10 the assignee when elected or
appointed.