Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-09-10
LOCAL NEWS.
The Bankruptcy Court,

HKTuPtcy referred to him by the Register,
IL. at the time the bankrupt applies for his
discharge, NO creditors have proved their
debts, and no assets have come to the hands Of
the assignee, is notice 10 show cause requir ed,
and, IL SO, what notice. .-..
Answer-ln such case, the only notice which
can De given is that by publication, and such
notice is, think, required by the law. The
length OF time and the numbe Of newspapers
for the publication, have not been prescribed
IN the act, but are to be fixed by the court, ac-
cord'ng to Its discretion, in each case.
III balance of the deposit remains IN the
hands of the Register at the close Of a case in
bankruptcy to whom shall he paw it? Is it
the property of the assignee or of the bank
rupt?
Answer.-It would be part of the assets.
and should be paid to the assignee
When no creditors have proved their debts
and there are no assets. should an assignee be
appointed?
Answer-I think an assignee should be an
pointed, nevertheless. There may be creditors
who have not proved their debts, and the as
sIgnee might lind assets which the petitioner
may have overlooked.
When petitioner owes judgment debt,
contracted with q firm composed of several
due the firm under the name and styles by
which 1t is known, or should the individual
names OF the persons comprising the firm be
set ont as creditors; or should the individual
names comprising the firm be given, and then
add, partners comprising the firm OF A. B. Il
Go. Which Of these forms are admissible and
Answer-Either one of these forms would
be good; but the first is the best, for the petit.
toner might be mistaken a. to some of
the members of partnership, or might in
fact be ignorant as to the membership OF some
OF the partners. That Is his risk, however 1t
is safest merely TO return the partnership debt
as due to the firm without naming the individ-
nal partners.
When IN issuing the warrant or in serving
the notices for the first meeting OF creditors
mistake has been made in the name Of enc or
m hat hn
dressed by his true name, and there is not time
after the discovery of such defect to send no.
tce, may such failure OF notice be cured, and
II not cured, will il be ground for denying the
bankrupt discharge from the debt due such
unnotified CREDITOR
Answer.-Every creditor must have netice
served upon HIM In the manner prescribed by
the act, otherwise he will not be bound bv the
proceedings notice not addressed to q cred
Tor by his name amounts not to a notice. The
only way In which to cure such error is by is
suing aud serving new and correct notice,
aniess the creditor will voluntarily appear
and waive the notice. which, of course. Will
bind him.
When a petitioner in bankruptcy has no
property except what he claims as exempt,
and his creditors are all under one class-as
Tor example, creditors whose claims are un.
secureo-is the debtor required, in making up
schedules OF his debts and estate, to use the
entire list OF forms in all cases laid down in
the general orders and forms OF proceedings
IN bankruptcy adopted by the Supreme Court
of said forms as are appropriate to and de.
scrlptlve of the debts and property he is re-
CURED to list
Answer.-The petitioner is required to use
such only of the forms as are appropriate to
ar descriptive of the debts and property he
is required TO list. 1t would be absurd to re-
CURE MN 10 Tile IN addition thereto large
msss of forms. all of which are sim. ly blanks
He should state however, the reason why
these were omitted.
When a petitioner in Bankruptcy, who has
diva itryf
to the Register, the Clerk, and the Marshal, is
he to be reimbursed by the assignee out of the
estate for these expenses.
Auswer-He is not. The money he ad :.
vances is not his own, but should be returned
as part of petitioners assets and handed over
to the assignee. The assignee should be
credited with the fees SO paid, and not the
petitioner
FOURTH WARD REPUBLICAN, CLUB.-A
meeting OF this club was held at Galbraith
Chapel, on l., between Fourth and Fifth
streets, last evening, when Mr.. F. B. Brown
was called to the chair, Mr.. Thos. Needham
acting as secretary.
ErL. V. Hickman stated that one object of
the meeting was to take steps in relation to
demonstration in honor OF Col. John W. For.
ney, lately returned from Europe. but that he
bad received information from Mr.. Eorney,
that he wished no public demonstration to be
given, bat would not object to one Of q private
nature. The matter was therefore not consid-
cred. There being no business before the
meeting, the Chairman invited Mr.. King to
make q speech, which he did, and spoke at
some length. saying that in all probability the
might lead to bloodsned; Congress is in the
right, and desersed the support of every legal
man; to say hard things about the President
does no good whatever, but when there is az
forded an opportunity TO give support to the
loyal party opposing him, they should not
fail to give that support. Mr.. Grain made a
few remarks, in which he said the whole blame
for the action Of the President rested with q
dozen Senators OF the United States, who
shirked their duty and went home. Speeches
were made by Capt Brown, Messrs. Nichol-
son, freeman, and others, after which the
meeting adjourned.
GAMBLING SCRAPE-The Alexandria Ga.
ssttc Of yesterday afternoon says:-A young
man named Frank Bradbury, stopping at the
Marshall House, and registered as from New
Orleans. though it is understood he is origin.
ally from one Of the Northern States, was at
lacked last night, between nine and ten o'clock,
IN the bar room OF that hotel and somewhat
injured about the face, by James Wescott, OF
Washington. Wescott was prevented from
proprietor OF the hotel. The watch were sent
for to arrest Wescott, but before they arrived
he had effected his escape. Ii appears that
Bradbury, in a frolic yesterday. in Washing
ton, lost, at cards, $3.50 IN money, and In ad-
dition $3.50, for which he gave an order on
Mr.. GheeB, OF the Marshall House. Samuel
Sherman came from Washington yesterday
evening, and presented the order to Mr..
Gheen, but before it was paid Bradbury also
returned from Washington, and getting pos
session OF the order, tore it up, stating that he
had been drugged previous to signing it, and
that he bad never written it. Sherman re.
turned 90 Washington, and having informed
Wescott OF what had occurred. the latter, &C.
compaDied by Tim Leonard, came here in a
hack, and, upon the refusal OF Bradbury TO
renew the order, attacked him as stated abO We.
SoLNERs AND SAILORS UNION-The regu-
lar weekly meeting OF the Soldiers and Sailors
Union was held last evening at their hall, on
9th street, Col. u. H. Hutchinson in the cha
Lieutenant William Young offered q reeolu-
ton declaring the Office OF corresponding
secretary to be vacant, owing to the continued
absence OF the corresponding secretary.
The resolution was adopted, and the election
to I'LL the vacancy was postponed one week
A proclamation was submitted by Lieut.
Young stating that q number OF captured rebe
soldiers and some OF their sympathiZers had
declared that they would drive the Soldiers
and Sailors Union beyond the limits of tbs
District of Column bia, and inviting them to try
1t on. was adopted.
Lieut.. W. H Henley, Major W. G.. Wells
VIM Wilson, Mr.. a T. Lille, and Major w
= Morse Were appointed q committee to en-.
gage a band TO sereaade Col. Forney upon his
arrival IN this city. Adjourned.
SAD CAsE.-About one o'clock this mornjng
the attention OF the police of the Seventh Pre-.
clnct was attracted by the faint means of an
individual lying in collapsed and nearly in
sensible condition, across the curb.stone near
the City Hall. He was unable TO give his
name or any particulars concerning himself