New-York tribune., 1867-10-11
CIWL COURTS.
IN BANKRUPTCY.
HINTS TO PRACTITIONERS, no. S.

IN BANKRUPTCY
HINTS TO PRACTITIONERS, NO. ..
TBirty,f0ur: 1t is not competent Tor the Dank-
rupt or his solicitor TO influence or IN any manner
interfere in tho election OF the assignee IN case on
such influence or interference on the part OF the
bankruDt hls solicitor IL s by rule OF TINS Court
made the duty of the Register TO Certify the fact 10
the Court, with a view to Withholding It's appToVaI
of the assignces elected.
ments for what soeyer the same were rendered
are cut of by discharge under the act IL ls con
tended that under precisely the same language IN tne
MASSACHUSETTS, insolvency act the courts OF thaI
State have uniformly held that when deOt created
by the fraud or embezzement of the bankrupt or by
his defacatiOn as public officer OF while acting IN
a fduciary character has once been prosecuted to
Judgment, the aforesaid qualities OF tue deDt are
merged, or wiped out, and the judgments IKE any
simple contract debt may be proved ana dIschargeu
under the act This question has been tWlce UP IN
bankruptcy, and decided adverse 70 tho Massachu-
setts decisions But IN the Southern District Oh New
York 4 is still an open question. ,
Thiriy-sir: Parties may act for creditors Oh the
bankrupt under general powers oil attorney, ,Whlch
bv their terms are sufficiently broad although such
powers OF attorney were made years before the
passage Of the act and have no reference to proceed
ings in bankruptcy.
claims should bring with them the notes and other
vouchers upon which their claims are founded. as
they must produce them before the Register II re-
uuifed and append them 70 their deposition:
Thiriy-sqht: A proceeding on The part Of the as
sigHee to examine witnesses Is proceeding dIstinct
from q similar proceeding on the part or the credit-
rupt or his solicitor.
fiGis-Hiae: Application for an order to examine
the wife of a bankrupt must bemade to the Register
10 whom the is referred upon an andavlt snow
inc that there IS reason TO believe that such Wlle S
some knowledge that is material either for the pur-
pose of discovering property or assets OF te oaAh-
rupt or other information materially bearing upon
the question Of the bankrupts discharge. .
F0rty: The following practice has been adopted Oy
general order OF the Court: In case OF the exam
lnati0n OF bankrupt ms Wlte, OF Otnef WIlneSs' %
fore q Register by creditor or by an assignee, tile
parties will proceed with the examination OF wit
ness 90 It's close. The Register VIII pass upon eacn
objection and Oter question rs 1t arises ana tho re-
spcctlye parties may except 10 Sucn a deClslOh anu
note the same uDOn the inmates AT the close OF the
examination If either party desire H. at any OF the
objections questions 50 excepted 10 nust DC ceI
Gcd 10 the Court by the Register. On tie coming IN
OF the DECISION Of the Coart the Register VIII on on
application OF Ike parties proceed 70 strike ont teSt-
nOny or allow questions 10 be answered as tile opn-
ION OF the Court shall indicate.
IOriy-Orc: In case n claim Is prosecuted 10 lndg-
ment nothing more than transcript OF the Juds-
urut need be produced before the Register or APP
pczdcd 20 the creditors deposition.
I1rg-flrO: II Is objection 90 the PROOF OF claim
that the statute of Limitations appears 70 nave
barred it, Ii the pet touer desires that the statute
OF Limitations should exclude me creditQr from
participation IN his assets 10 Woald be well II ne IN
sert such debts on bis schedule, TO note that the
Statutory bar will DO insisted upon.
FOry-Hrte: All claims should be pToyad az the
amount due on the day Of the adjudication OF bank
rIucg. II bearing interest the IstrreSt should De
computed mp to that day If nOt bearing interest ana
not due until future day, the4intereotto to that day
Tory.i6m: In ease a claim proved before Register
is dispute l. it j. his duty at once n the paiUcS de-
sire II and ii is convenient 10 enter upon an eNanina-
ton OF tho claim and iOy this purpose may eXapine
the parties and other witnesses. IL however, IL Is
incenvcnent % do so, it may IN the discretion OIL
the Register, be postponed until the assignee Is
chosen.
Iortg-fre: creditor may at any time amend or
correct the proof of his caim but must be by an adj
ditonal paper lie IL not at liberty TO Withdraw or
correct any prO9f tH may have been put on llle De-
E,riy-sir: In cases OF voluntary bankruptcy the
Register TO whom the case Is referred may take
charge Of the property of the bankrupt, and safely
keep the same until the assignee Is appointed Dut
i'm the hands of the bankrupt and in the mean time,
and before the assignee Is appointed, II be sqlan-
dered the question has not yet been raised aS where
the responsibility would rest; whether the Regis
ter would be liable to the creditors upon his bond
FOriy-SeyeR: The creditor runs no hazard OF NalV-
ing any security or other right by proving ms claim
before tho Register. Until thai IS dOno he has no
standing in Court, either to inquire after assets or
oppose tho bankrupts discharge, nor IS he entitled
TO notice of stho bankrupts application Tor dlS-
charge. nor can he share ia the assets.
II a claim not prOyrble under the act sec. 49, and
hence not discharged By IT, be proved that tho
creditor may share IN the assets without waying the
liability OF the bankrupt for ee remainder or unpaid
portion OF this debt (Sec. 80
FOyty-eigiE In case the bankrupt have set of or
claim by way OF recompenSe against any demand OF
a creditor, he should set forth the same III ScAeuuIe
B. in its proper place. as part OF ms assets. .
fOrtyune File the petition for the ban6rupts dis-
charge with the Register to whom the case is re-
fred Ii ed at the end of 90 days after the adjud-
cation Of bankruptcy, II should DO verified by the
bankrupt or accompanied by the return OF the as
sgnce. Form 3D.
Upon this petition so verified move the Register
for an order TO show why the ban krupt should
not be discharged, which order Is made Teturnable
before the same Register.
ElliciR: AN orders for examination Of the bank
rupt his wife, and all summOnses Tor the Attend
ance OF witnesses before the Register although the
form does not require it, should be allowed by
the Register at the foot in like manner as the war
rant form No. q.