The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1867-12-06

| the presumption that it is to be eXer-
cised without limitation. Other per-
sons here expressed has. reference to
parties interfering with the property of
an individual not yet adjudicated an
involuntary bankrupt, and which is to
be preserved inviolate, until his bank
ruptcy has been legally ascertained.
1t does not refer to the courts of a
State, or to their executive officers. 1t
was not designed to arrest the whole
machinery Of another and in lepen-
dent forum, which is exercising its best
efforts to marshal the assets of the debt
or, and after discharging the legitimate
liens to which they are subject, reserv-
ing the residue, as fund for the as
signee in bankruptcy.
Liens, by this law, as they should be,
are held sacred. To say that the vigi-
liant creditor, who by his diligence has
secured his debt, and has valid lien
upon the property Of the bankrupt,
shall come in with all the other credi-
tors, pro rata, would be a perversion of
the purposes Of Congress in the pas
sage Of the act. No bright acquired by
the creditor is affected or impaired.
The 14th section expressly protects
him. The assignee has authority, un-
der the direction of this court, to dis
charge any lien upon any property,
real or personal, and is authorized to
sell the same, subject to such lien or
other membranes. BY the 10th sec
ton he is permitted to sell all Unii2-
clm26ered estates, real and personal on
such terms as he thinks most for the
is lien on real or personal property
the Goth section admits the holder of
the lien as a creditor in bankruptcy,
for the balance of the debt, after de-
Quoting the value of the property, to
be ascertained by agreement or sale;
or the creditor may release or convey
his claim to the assignee, and be per-
mitted to prove his aOh0Le debt in bank
ruptcy.
These several sections are distinct
recognitions by Congress of the sanctity
of liens, obtained before the inception
Of proceedings in bankruptcy, and they
control, and are a limitation of the
sweeping provisions Of the first sec
ton. 1t is among the elementary prin-
ciples with regard to the construction
of statutes that every section, provis-
ion and clause of statute shall be eX-
pounded bya reference to every other.
The most general and absolute terms
of one section may be qualified and
limited by conditions and exceptions
contained in another, SO that all may
stand together.
All liens, then, remain intact. The
bankrupt's final certificate operates to
discharge his person and future acqui-
sitions, while at the same time, the
mortgage, or other lien creditor, shall
be permitted to have their satisfaction
out of the property mOrtgaged or sub
ject to lien. A legal right without
remedy would be an anomaly in the
law - Howard, 623. 1t is true that
the first section of the act declares that
the jurisdiction conferred on the Dis
trict Court of the United States, shall
extend to 'all cases and controversies
arising between the bankrupt and any
creditor or creditors who shall claim
any debt or demand under the bank
But as the Supreme Court of
the United States say, il that very able
odinion delivered by my brother Mr..
Justice Grier, in the case of Peck Us.
JeR7eS, before quoted in Howard, the
Court of Common Pleas of Armstrong
County have full and complete jUris-
dictiOn over the parties and the subject
matter and its jurisdiction had attach
ed long before any act of bankruptcy
was committed. 1t is an independent
not deriving its authority
from the same sovereign, and, as re-
CARDS the District Court, a foreign for
um, in every way its equal. The Dis
trict Court has no supervisory power
over it.
When the jurisdiction Of a court, and
the right of a plaintiff to prosecute his
suit in it, have once attached, that right
cannot be arrested or taken away by
proceedings in another court. These
rules have their foundation not merely
in comfy but in necessity. For
if one may enjOin the other may retort
by injunction, and thus the parties be
without remedy; being liable to pro-
cess or contempt in one if they dare to
proceed in the other. Neither can one
take property from the custody Of the |
other by replevin or other process, for
this would produce conflict Of juris |
liction extremely embarrassing in
the administration of Justice
The fact, therefore, that an injunc-
ton issues only to the Parties before |
the court and not to the court itself, is |
no evasion Of the difficulties that are |
The necessary result of an attempt to
exercise that power over party who |
IS a litigant in another and Independent
forum. 1t follows, therefore, that this
court has no supervisory power the OF |
Court OF Common Pleas of Armstrong
County, by injunction or otherwise,
unless it is conferred by the bankrupt
aW. But we cannot discover any pro