The New York herald., 1867-07-20
THE oUaT S 4.
BANKRUPT COURT.
Publication of Advertisements Under she
Bankrupt Act.

Publication OF Advertisements Under she
Bankrupt Act.
4 few days since q question was raised before Mr.
yamei r. Dwight one Of The Registers In BANKRUPTCY
= tbs city, whsthsr ne had right 70 order 'hs
nssrsion in foreign newspapers Of certain no'ces 70
Ssired BY the act TO be published Counsel Tor 'ne
Aankvup& In whose case this point taken ecnended
1haA Che Register gave soch erder woed refut 10
sssasng unnecessary expense ON The banxrups Inc
stances Of the case right to the order in sues
eeu and thersupon referred the matter 70 Judge baeh
SsdS. I riscSford has now given bis decision His
Hsnor states THAI though tbe Register shai not change
- sdd 70 the papers already named IN RUE ~ Tor tee
SDerutss OF wise discretion, order the publication OF
sssses in foreign Dapors-moro especially as IN the
pessens case appeared that number OF creditors re-
od in the foreign plases whore the Register wished
= have the notices puslshed
x.psrtant Decisloa Regarding the Bapk-
tes raptcy .sf Law Partners.
n 0s hanr y yxkss A. BOylan. BaakySpt In This
sase Judge Biaschford has rendered the following de-
ssen.--Ths petition Of Daniel X Harvey and Thomas
= Bsylan shows that they wers sopartnen with Julius
a Bsylan and carried business under tbs nrm name
g Boylan Co., at Cincinnati, Ohio. until April H.
tom, when the sopartbership was dissolved; that
3uius A. Boylsn, on the 9th Of juno, 1857 fled
Ais' pstition in this court for his discharge in
Bankruptcy. and adjndged . bankrupt ON the
a. b Of June 1857; that no had individual assets
except snch 40 arc exempt are there any ccpart
nsshp assets Of knd that all the Indebtedness OF
Saus BoyIan = The soparsnsrsh9 debts e appears appears
H Boyan resde in ohioi tina, thew have no debts ex
esp the copar,nershp debts Of Boyan Co and their
usAdfi for exactly the same amounts and 10 the
saz1e individuals as those Of julius A. Boylan; that
hey take the beneni OF the Bankruptcy act
esssary expense If compelled each Individually, to pro-
esd under the act that the creditors OF the firm are
e. m s and N sSs hs
leattend the meetings Of the dtors Of the firm in
MOD erent parts Of the country as far apart ~ New
YotR city and Cincinnatl ohio. The petitioners pray
hat leave be given them . join in the application Of
Ssaius A. BoyIan for their discharge in bankruptcy
sneer the act and that they have leave TO fe their
petions under the act In this court and that all pro-
seedlings under such petition be bad In this distrct and
sasyed until tho fnai disposition Of such petitions In
support Of the prayer Of this petition reference 10 made
- The thrysxth section Of the Bankruptcy act which
provides "thas where two or more persons who are
yaSpers in trade shall be adjudged bankrupt either on
The petition Of such partners or any ono Of them or on
mall ,sspe in tho provided by this act, upon
hieh al the joint stock and property OF the copartnsr
ansrs shall be taken except such parts thereof
Asrenbefors excepted" and that ~" such copartners
sSs psoa II s frs. ssd .h r
jurisdiction ever tho Case" " is urged that
s.dsr those provisions all the partners Of the firm
sen come into this court without regard to their place
sf residence doing business, and ask for their dis
Sharses provided JuusA Boylan resides or does bns
Sees IN this district and arst files his petition here The
AAAeulty In the view thus urged is that julius A. Boy
1vidual Discharge aud has been individually adudged
bankrupt The thirty sixth section Of the act applies
ssy 70 o.ss wners two Or more persons who are part
- The present IT, on tho petition Of julius A. Boy
laa two or moro members Of the firm Of Boylan 4 Co
Shiry.sixth section which provides that where 'such
sopartnen reside In different districts that court in
iursdction over the ease, means that where two Or
moro petitions Hod N different dstricte praying
I've q .sS ps. n
oMyicts the cosrt IN which the ars IA srer Of time sf
ch petitions n ned shall hsve exclusive Jurisdiction 70
- what the thirtysxth section Allows and requires 70
pssnsrs in trade are sdudeeA baskrapt That clause
6ssa any pstltisn yet presented 70 any court far -
ayIsas, praying nat the partners composing the nrm
- g presented M q SS HsTv.y and Th.@ss ssyisn
20 The seur which under ths eleventh section Of the act
=, 5, 4 md suaa =
IN In IT, the eighteenth rule Of the general orders 10
=" III spp %. :. ';s x: asss.s ~. 'ss
vAs general orders in Bankruptcy, Walsh provides ~
1das-"ln case We q more pst'tioss for aai.dtsa-
81 aHsrsnt members sf ths sopart.srship fer An
equalization Of shs bankruptcy Of saiA separtnssAp,
- ssss: 70 .s .l's l. p: sD Fl
sseesaDss in such .a:Irspsy snsn a.. re sane sh. y
SsIict action shall Be- Srst had upsn ths enc srss
Als6n The prayer Of We pstisiensr b denied
a Payment Of Resisters' Fees.
N ne NaaU ef James Nds6rtire. Rdsakzvpt.-A cues
son arose this whether creditor who Asa assed
m an order for the examination Of the q the
sdors behalf should be called upon 70 pay 81 10 the
Register his Zee for making The srder Or whether
ad fee should not the creditor inskted should b
paid Of the $50 deposited by the bankrug, with ,he
naork The question was referred, ey Mr.. Edgar
kslchum, Register, 70 Judge Rlsashfsrd whs has de-
odd that the fee OF 81 for Me order saDast BE- CON
eidered IS authorised BY the previssn ef the
la9sy-seventh section, which gives Zee OF
q for every application for any meeting
any matter IN: we wsrt T., sss1 .s ...i;e, ss,s
aaA elsewhers, meeting Of sfsdnors sssh A. 70
spoken Of in the twelfth, twenty ssvensh ana twenty
eighth sectone The application BY ths creditor for the
Osder ths examination OF the bankrupt cannot be re-
9arded an applicatFn fer meeting o. ereditors
In re the ssme-Ths ssss II being heard before Mr..
esrhum. Register Mr.. John seAgwekr Nj Broadway,
hes been nominated Assignee, and has sigDnst bs
eeptancs Of the Eust
FESWycN l0DoeD.
Ths following petitions were lodged yesterday:--
edwin NJ Dunn. Now York; Robert II. csssrp, DO. !;
Vn- H. Hughes, d.
UNITED STATES ccMmsssHfSs eouM -ssockiN.
Tbs Charge or Conspiracy % Defrssd she