The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-31

tAen borrowed hs6 Sas chariss Kirby, and which he
80 no. sss6 InsresHon hs creditors asked hin me
= II: ss - =: s:s. viSi S sssS
has bssn spsusr' 10 ihs question the bankrupt Oh.
sctsd o. the ground THAI matter Of law the sxAmn-
ag creditors had right V inquire Of she bankrupt
after the eomhdncsmssl Of The proceedings in bank
rupscy under which the sxamnation had and that
&. previous .s tSi 81 ssd
ns nhkr0pi then requested the Register to adjourn
ne question into Court issue Of law 70 Be decided
YER declined 70 adjourn the question into Court, and
decided that the question should b answered II .
q s .1S az: y as he
lowing questions are presented y the Court Fsh
the Register correct In declining adoura the question
tons above vel forth admissbles For the sst
forth u my decision made herewith in the matter
that that the Register Was correct in declining 70
adjourn the question into Court an issue OF law.
decision on the second question presented by she
the line Is 70 BE- drawn between property which does and
property which does not pass 70 the assignee In bank
were nlsd on the 25h Of June 1857 On me 18th Of
september 1897 after the schedules had been amended
granted certificate Of protection When adjudication
Of bankruptcy made following the niing Of petition,
ne. = 2 judc!aly s.tsDsnsd that tho proossdinss In
date Of such nng then becomes the date from which the
assignee takes all the property OF the bankrupt which
his property at that date bat the assignee docs not take
anything which became the property the bankrupt after
that date such date also becomes the date at which
debt must b due or exist In order 70 be provabls sub
ec 70 the special provisions OF section To- regard
contingent liabilities Such date also becomes tho date
q which provabe debts must have existed In order 10
be discharged BY the discharge In other words the
date Of the hlng Of the petition by against debtor
u the date at which, II adjudication Of bankruptcy fol.
lows the old order Of things passes away and new
leaf u turned over Any other construction would work
injustice either 70 the bankrupt his creditors A. he
can be discharged only from his debts which existed
TO creditors holding those debts property acquired by
him after that and thus take away from the bankrupt
or from creditors whose debts, because not in
existence on that day, cannot be proved
against him under his bankruptcy. Il follows,
therefore, that Ia the present case nothing passed
the assignee which became tina property of tho bank
rupt after the 26th Of june and that the questions In
regard to the 1000 improper II THAI money was
not the property OF the bankrupt when him petition was
died.
Tho Right Of ExaninIng Bankrupt as a
Witness.
| IN the matter Of Samuel n Levy and Mark Levy
In this some questions had been certified to the
Judge for his dseision among them being one - q
whether the bankrupt should in the proceedings II
bankruptcy, be regarded witness and examined y
such. The Judge has decided that whenever IL wal
necessary to examine the bankrupt a. witness III
| might be examined and examined.
| Petitions Filed
l The following petition in voluntary bankruptcy va
filed Yesterday Daniel Levy sud Isidore B!rnbaum
referred 10 Register Allen. There also Oiled on
case CT voluntary bankruptcy.