The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-11
HE O. URT S.
United STATES DISTRICT eOvaT---.H BANKRUPTCY.
Before Judge Bialchford.

The court sat yesterday morning al eleven o'clock,
when his Honor stated 70 the bar that the October term
Of the would be exclusively occupied with Adin
rally cases November altogether confined
to jury msttsrA Nc Admiralty calendar would be called
IN that term Distinct calendar for trials OF IN
bankruptcy should made Tor the November term
and this GET precedence the ether business Of
the court
IN tie Mailer OF Asa ". Cra|.--This vas = petition
for compulsory bankruptcy. on the ground that the
debtor had committed two acts OF bankruptcy By giving
confessions OF Judgment OF July la 10 two creditors,
Tor $500 and tie Other for sole alleged ~ lie IN
fraud OF tire creditors OF the debtor
Mr. Edwin James ap pesred the debtor denied the
bankruptcy, ana died demand for trial by jury or
IN he katcr OF Jac6 stvr--In this case Mr.. Edwin
James presented petition 20 snrui the adjudication OF
bankruptcy, dec sred bv the bankrupt setting iorih
that since the bankruptcy al the creditors OF the
pchcdule had bsen paid aud satisfied by brother Of the
bankrupt aud releases executed
The ucurt asked II there wa any provision In the
Bankrupt law for annul'ing bankrupcy'
rr James said there in terms, but the court
administering the bankrupt had inherent power TO
nn Adjudication Of bankruptcy for any tussitabls
grounds II was probable that applications OF such
nature would La numerous.
The Court would look carefully into the law. u
proceedlng of novelty and importance
In N, Matte Of Ioin BeIonI In the caae Al nssig.
nee duly by the creditors or The bankrupt NJ
tho Ara, meeting OF creditors and Appeared In person
before the Register The bankrupt applied 10 the Regis
ter by petition duly verified ard drawn IN accordance
wi form 81 for the order 10 SHOW cause m form OIL
pers Dns property Of KIDD; TIA pons hss come 10
the hands 81 the assignee and that mora than sky
days have pred since tie Adjudication OF bankruptcy.
On these facts csrtsin questions .cre certiled
by ,ha Register 10 the Judge for his decision The pc
tiiioncr claims that as no dsbts have Teen proved
against HIM The exp'rs ion Of these six'y days he
s entitled 10 hs Discharge egd asks for An order TO
show cause why he shoaid not be discharged. Tho
JUDGE decision says the rei1rn OF the order 70
show Cause made on the bsusrurrs application for ms
discharge f application is made Ut the espistion
81 sixty days from adjudication Of bankruptcy. and
before the expiration OF sr months nom such sducics
tou ire court wiz grant the dschNse without sat
isfacloiy evidence tha. no debts have becn proved
agat the bankrupt that no assets have come TO TIE
hands OF the assignee In case the aTi nmeot II
tho assignee MOI published, rs required By
ru,e ten Of this court, and my opinion " that
no discharge be granted 10 this caro- untii
such notice II duy pupshrd The Judge states inat lie
docs no, sec by tue ~ the gepsr orders made
oy The Justices Of the npreme Coar; rcser gwen es
pecay 10 the Register make this order 70 shs~ cause
But az the order ~ made sx pare aud y conee.
auonv 20 lar ~ the making Of - Is concerned uncon.
tes,cf think that keyizier make ", undsr sec
ton four OF .c scs no directed by the Ds'rc Judge
70 make ~ -
orders INSIDE by the Court for iury lnrs IN the
c.sss u Mueejsr Gss3ns add others and Jsoos ven-