New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-08

: 80 BIATcHFoRD. 4 -
BANKRUPTCY BRANCH.
IMPORTANT DECISION BY JUDGE BLATCHFORD AS TO
THE POWER OF REGISTERS TO AMEND PETITION
10 Charles A MOrf Petitioner or adjudication in Bankruptcy Of
Judge BlatchfOrd has just decided an important
question in relation the power of Registers to amend
petitioners schedules, and has given the following
opinion, which sufficiently explains Che matter
In this the petitioner has applied TO the Register
Register has denied the application upon the ground and
for the that the power OF ordering 70
the schedules rests entirely with the Court and that only
the Judge allow such amendments, The Register
has certified such question to the Court ana states INC
points which the opinion Of the Court desired to be
these
ruptcy referred by order OF the Court may allow
amendments TO be made to schedules filed with them
co'd II the S cS be- ads directly
before the Registers and certified copies thereof DC nu
mfed 10 be made should be filed with the clerk and the
Registers thereafter receive copies RON he ccrA' aS "
the case OF the original petition ana schedules
y section of the Bankruptcy act II is provided that
every Register duly appointed and qaeu 6ers n AND
There such par of the administration business
Court. and such uncOntested matters as Sn 70
.indge shall in any particular matter direct by
Rule the General Orders in BanTuptey &c, anu
in pursuance OF the 10Th section OF the Bankrupt Act 1t 10
provided that the Register may conduct prOceeuhg IA
namely (amOng others): Ordering amendments OF any
proceedings. Among the proceedings so referred Is l
schedule of creditors and property for by section % OF
the Act provided that bankrupt shall be at liberty
schedule Of creditors and property SO rnc fe
referred to, it is provided that the Court may
allow amendments TO be made IN tne
banhp petition and schedules upon tne pnG tj@e
prior to the discharge OF the bankrupt These provs
9 et BEEN in Ms bankrupt as to case where
For the purpose OF allowing such amendments, Hhcn
they are ncOntested the eser is the court ana mas
powcr 10 allow them on q direct application to him. on
course the coordinate power of allowing them IN Ike
The original amendments permitted to be made should
be filed with the Clerk and in making them the ppoyls
ions OF Rules and 80 of the General Orders IN Bank BANK
uIpcy before referred to, should be observed Wheh
they filed, the Register will act on them IN con,
and Rule OF the Rules OF this Court in Bankruptcy
The Clerk will make certificate to the Register IN ac
cordance with this decision SAMUEL BLArChfoHp
PETITIONS IN BANKRUPTCY.
Petitions in bankruptcy were filed by the 10HOw.
ing Edward " Ebbets jr: Vim. Bradsreet; the firm OF
George +. White g. John T.. May Lewis MaTs0n *
petition Of the Mechanics Bank OF Brooklyn Thomas s.
CbppTles n McCnIlongh Edward KroIlpfeifer John
A. Camping and Nicholas f. Butensehon all OF this ei'
OFFICIAL MANUAL.
Clerk wllmarth OF the bankruptcy Dranch 81 te p
ual Of United States Bankruptcy Act containing al
the rules orders and forms 81 cted States Supreme
Court and edited by Clinton Rice, Secretary OF the BANK
rupt Act Commission OF the supreme Court Oh tue oheu
HINTS TO PRACTITIONERS
First: Make up your petition with the IL forms OF
schedules A and b in dupcate swear to both file one
with tho Clerk OF the Court and ask to have the case re-
ferred to Register.
Second At the hour specified in the order referring the
case TO Register appear before the Register TO whom
the case make oath before him that the
duplicate petition and schedules which you then pre-
sent TO him duplicate original OF the petition ana
schedules on file with the Clerk and move that DO
certified form This being done, move that the
petitioner be declared bankrupt This Is done by an
order made by the Register Of which he will give you
certified copy. You then move for the ndtTdn some
time will required make this out At the time APP
pointed cali upon the Register for the warrant and take
II to the Marshal The Marshal will require satisfactory
security his fees and disbursements for the news
paper publications, &c, which you will arrange with
HIM You have nothing TO do till the return day OF
the warrant.
Third BE very careful that your petition and schedules
are written plainly free from all ensures internea
tions authorizations. As the whole proceeding Is
strictly statutory, the statute and rules made under IL
must be strictly complied with. 80 .
Fourth the Register refuse TO certify your petl-
ton 10 correct In point OF FORM you will take GER
titled copy OF the points wherein your papers are
defective and proceed To prepare amendments or
an amended petition. mny be most convenient, IN
duplicate. When this is done haze such amendments or
with the Clerk carry the other 10 the Register who VIII
examine IT, aud. II correct certify IT, and you then pro
ceed as above set forth.