New-York tribune., 1867-09-16
CIVIL COURTS.
IN BANKRUPTCY.
HINTS TO PRACTITIONERS. no. Z.

HINTS TO PRACTITIONERS, NO. l.
Trentg-eQM: The assignee should be care
full have fhe insertions of the notice of his appoint
ment in the newspapers seven days apart, so that
there may be IA days between the first and last IN
sertiOns:, less period was held not to be eompli.
ance with the requirements Of the act and another
| publication was ordered by the Register
Trenty-ninth: Sixty days after he shall have been
declared bankrupt in case no debts are proved, OF
in case no assets have come to the hands of the
signee the petitioner may apply 10 the Registerto
whom the referred for an order to show eanse
why he should not be discharged from his debts.
This order 10 show cause may be made by the Regis
Ter upon the petition of the bankrupt without wait
/ ing for the return of the assignee.
ikirfsth The bankrupt must furnish to the Court
the return of the assignee, form 30 before ne can
be entitled 20 his final discharge. And in case ne
assignee shall omit or lefuse TO make return, the
bankrupt may apply TO the Register. whoon proof OF
the fact by affidavit, will make an order requiring
the assignee forthwith 10 make and nle BIZ return;
Thiry-frst In cases of differences, when 1t be-
comes the duty of the register TO certify tie matter
TO the Judge for adjudication 1t will he necessary
fore the Register and furnish him with aludlcatons
if any there be, in order to enable him property 10
comply with the requirements OF the igtn rue Oh me
state briefly his opinion on the issue, question: pVht
or matter no oral argument being allowed before
the Court unless by special leave 1t is not ordnar-
ily necessary to interrupt or delay the proceedings
before the Register III such cases as the opinion OF
the Judge confirming or overruing the Register IL
usually had without delay.
TIjjtu-second: In case no assets come to tho
hands of the assignee from which his disbursements
fees etc. can be paid, he may alter aPfIyng 10 ne
allowed ''all necessary disbursements made by
him in the discharge of his dnty, and a reason'
able compensation for his services" ana nav
ing procured the amount 10 be thus set
tied, he may demand payment thereof OF the
bank krupt and in case of non;payment he may AGAIN
apply 10 the Court if not under section AZ that an
execution issue against the bankrupt, then perhaps
under the general power OF the Court to enforce lu
TIrtythird: The bankrupt may apply to the as
signee 10 nav from assets in his hands any sums ha
may have advanced OF procured 10 De ADVANCED 10
the Marshal as his fees and charge the same among
his Disbursements TO he paid ont of the assets The
fortyseyenh section Of the act clearly warrants tins
practice.
UNITED STATES DISTRICT CoURT-N BANK
RUPTCr
THE POWER OF CREDITORS TO ACT AT & TIN
CREDITORS MEETING BY POWER OF AIIoR-
NEY, &c.
In re- william II. Kpoeptl Bankrupt
Knoepfel had been adjudlcated a DanKitnpt;;
Govrea Freres Co and Spies CHRIST co. ~eIe to w0
Counsel OF the first named creditors produced power
attorney authorizing him 10 appear ana vote On ns pe
cuted by the attorney in fact OF the lrn under
OF attorney executed by tns me aS honn Injected TO ccun
se voting for the hrm First Because the orgal poNei
OF attorney SGe Gd as DeO De 6aye W BEEN Intended to affect
matter coming under the act; Second: beeaus. 'e H
guage Of the power could not be construed 10 ciioo
Ar he meeting proofs were offered of the claims OF the
in satisfaction OF them by the debtors and tlat the h
OF Spies Christ Co. had recovered judgment on ina
note given them At the meeting the bankrupt demahueu
the production OF the notes aud the creditor refused on
the ground Of its being unnecessary TO comply, ana
Treres * Co. on the ground that II was barred Dy INC
statute OF limitations. - a a., ... ,o,i,,, 10 thu
mower of attorney does not ytate IL Tor tne purpose.
question IL the scope OF 1t is broad enough nnd tat INC
language in tho present power Is suinclehNy Ioau
When debt sought TO be proved Is evidenced " a
nronssory note the note must he produced ana eNlp'
he'd when required by the Register the assignee OF ths
bonIrupt on proper occasions. IT, however the caln OF
creditor rests judgment on note, ana tle PROOF
or debt founded the Judgment and not on the note,
then II j. not necessary 10 produce the note
proof debt Is not open TO objection, because u hp-
pears on that the statute OF limitations e up,
would be good defense 10 the claim The PROOF OF can
need anticipate the defense or give PROOF OF lcs "
take the case out OF the statute lt unNersa Iuo
that statute of limitations may be waved anu nus
when relied a defense be set up airnat!Sy yyooe
debtor In this case therefore the objection 20 ,e ~
of debt made by Govrea, Freres Co. Is not tenDi''
PETITIONS IN BANKRUPTCY, IL .
Petitions in bankruptcy were nieG di n'Ia amer.
ferred follows Petition Of ne urn Perr"d 70 Register
back & Max Iauterback OF this cit i,, referred to
Williams OF Samuel Cline OF this ei'y 81 y his c,,y,
paier Fitch and George Canning Ames VI 'ns c"''
A netifion i'm bankruptcy was MED py h~ichaIa ~
~ y ptson p1ct Of this city aud referred to Register
ketchum.
cnrvpr rATENDAR-Tufs DAY.