New-York tribune., 1867-08-14

ter decided that sixty DAYS time from the date Of the
warrant when issued was the shortest time that could
reasonably De named III the warrant for the hrst neeng
OF creditors and that notices should be sent by mail 10
Lne % cted9TS req Cy ne Mesengs properly dsSed ana
tended that the clause in the eleventh section Of the
Bannptcy Act eoneerng service Of notice on creditors
within m & the United states and that the creditors residing
notified cOnstructively by the publication OF notice In
| the newspapers specified in tho warrant on the
application OF the petitioner, the Register certified
the proceedings to the Judge for his decision thereon
The Register was his decision. The llth
the Messenger publish notices such newspapers
the warrant specifies and TO written or printed no
uces Dy man or personally, all creditors upon the
schedule filed wifi the debtors petition or whose
same then soe Oh on to specify W What % the
notice so to be served shall state. One of those patcu
lars that meeting Of the creditors of the debtor viii
be held at time and place designated the warrant,
not less than ten more than ninety after the Issuing Of
days connection with tho absolute requirement that
notice shall DO served by mail personally all oredi
that as much days time between the issuing Of the
warrant and the first meeting Of the Sredtors shall be
to make such an interval reasonable one The fixing OF
nce of the register to exercise the and there
nothing show that he did not exercise 1t wisely liking
The Clerk will certify this decision to the Register John
Fitch ESQ SAMUEL BLATCHFoRD.
Augusta 1867.
DECISION OF SEVERAL INTERESTING QUESTIONS
IN RELATION TO THE CONTENTS OF PET!-
TONERS SCHEDULES, AND THE CREDITORS
MEETING
In this case, on the day appointed for the
first meeting of creditors OF the creditors Of the bank
rupt appeared by Theodore r. westbrOok esq as their
pved but Mr. wsScOR ed With h the Register
o S 4eos o9 S RHc@ e a The
objections First That the notices 10 the creditors
VIM b Hill Second That the petition did not state the
due TO each creditor nor the nature OF each debt or
debtedness in each aud when the and did
not comply as TO the details required TO be stated n ~
the inventory Of the estate did not show the
%s S Of G ss'd esSsteS sstete
so that it could determined whether the property was
T and defective Under @ tho @ said
th section Fourth: That the debtor had omitted rom
action owned by him, held by Others for hts use and
benefit The bankrupt by written paper, ned with the
OF the creditors on the following grounds: First That
the creditors had not appeared in person nor by an ato
ney authorized practice In the District or Circuit
Of the United states who was to appear
for them in this matters that Mr. WestorooEs name IN.
d0rsed the objections was not written Dy nlln nor
had he appeared court 70 sanction It's use and that ne
his name he fact acted attorney in the case
Second; That tho creditors had t,or not prOVed OVe
they established the fact on their part that
they had claims against the bankrupts estate
% H SH the Un d Of notice
by the Marshal appeared to be regular and was conc
second objection on the part OF the creditors fyo
lous because inventory made for the information
nature OF each claim, and the certificate Of the Register
@s 54 TS That the third bcOn
on the part OF the creditors frivolous because yaue
Of the debtors personal estate was so stated that full
schedule OF household furniture was not required Dy to
act and eas h &c the S% e S9 tnS That
the fourth objection on the part OF the % ~ Ss
70 specify what particular omissions have been
made from the Sc6sagLe rsdite,, bse bs c6srSed With
the and expenses OF the decision OF the oectons
raised should be submitted the Court and the case
was adjourned The Register states IN Ms certnoato
ons raised except the fourth objection raised by the
creditors which seemed to him TO go to the merits OF tne
70 the discharge Of the bankrupt snecesstated refer
ence 20 the Court under the act and the General Orders
r0m his s5Sedgs property claims demands 3 M aud rights
6speat This objection cannot be regarded as an opps
stioa to the discharge Of the up Until the sak
rupt applies under section ~ LOT ms usShase no oD
lection fled raised to any proeeGng can o considered
der sections. 50 and Al, no aafsalt0r who has as
not prove, MA debt can oppose a discharge. -.
The Re ster also states in his Certificate that the sd
iournment OF the by the Register was irregular he
der its general power the bankrupt and require an
appearance in court The aSgrnmeh tS %ss F9sus S bsd
assumed t9 decide the hrst preliminary obevn raSec
BY the Srsdq III G BE would ~ w% have hed @ that the y
Vim. d. Hll in the notices. was not material, and would
been cvdoH that ca the Creditors dit sp
peas and reise the objections are not msed that all the
papers gave the bankrupts name correctly and that
only the notices served pa the creditors who appeared
ead s The in this case was not material
and the first objection taken by the creditors was u9ten
Se,srn S IS Sy hs Marsha Hs as nc to the service OF
notice the CrSdtOr e cCIeu:ys hcS Under
Ia not conclusive The Register states to the second
objection taken by the creditors that he should have re-
70 each creditor sufficient wherever the and the
date Of the debt or Judgment was given that to ascer
only required computation OF interests that any other
mode i bH tSo o s WIN @ details o place and con
sderaion TO be sufficient and that II they are not
ey nay se ~ tSs second amsndmens are correct The
Register states TO the third objection that he s OF opn
ion that the schedules defective In giving inven
tory OF the bankrup alleged personal estate because
they forth the separate items OF household fur
ho remedied by amendment II necessary The schedules
are defective they do not set fortn sueh Items
section OF the act and rules II and SSotthe General
Orders Bankruptcy" The Register states that tne
nont lde by the bankrupt against the appearance OF
tbe creditors named did not seem tenable; that Wm
Lawiou, esq., first appeared for the creditors named ana
to practice in this Court he called In MI Westbrook
who 1e IN his view that this point is not
tenabe Mr. Westbrook being an attorney or counsellor
peT te Orders in Bankruptcy TO appear for the
ors and conduct the proceedings for them and he 50
TO conduct the proceedings the Register cannot
al the instance OF the bankrupt, Inquire into the author
ty given 10 him by the creditors The certificate OF the
Register that Mr Westbrook called IN, and repre-
seted the creditors is understood 20 mean that no Ap
peared and conducted proceedings for the creditors
IA to the second point made by the bankrupt namely
that the creditors had not proved tholr ciains;
and could raise objections until they estaDlisneu
the fact on their parthat they had claims against tue
banupts esate-the Register states IL 20 DC ms oP1n
that persons named creditors In the debtors schedule
NAV appear and make any notion and take any excep-
tIo Without other proof Of their debts than that CON
taned in the bankrupts papers In TINS tne hegsteI
mistaken Under section IL OF the act tne Two t t
a. tbis case NOT having proved their debts would NOT az
the meeting at which the proceedings now "a S
,aca bavs entitled 70 voice OF VOle III INC