The New York herald., 1868-06-02
NEW YORK CITY.
THE COURTS.
UNIFIED STATES DISTRICT coun1-S BANKRUPTCY.

Important Decentralization as to the Status
Of Petitioners In the Southern Distirct-Resi-
dence Before Filing Petitions.
IN the Natter OF Tdtndu Bdtlv.-This case is before
Register Ketchum and the suboined statement Of it
was, on motion Of Mr.. James E. Wheeler counsel for
the bankrupt, certified by the Register to Judge
Blachford for his decison:-The petition was filed on
the 2sth Of February 1885, and set forth that the peti
TONER had carried business for six months next I'm.
medately preceding the fling thereof at the city OF
New York. 1t Is now declared In paper filed with the
Register by the attorney that the petitioner did not
reside within the southern district of New York any
portion of the six months Aforesaid. For some years
before his insolvency he carried on business on @ ms
the end OF that time to the time OF nlng
his petition, and during the SIX months alore-
Baid, he had been carrying on business as the
agent and attorney OF his brother In buying anu sell
ing merchandise, keeping an Office for that purpose
upon the sign and well known to those who had
dealings with him as TO carrying on business at such
enice This service has been under power OF at
torney duly executed by the petitioners brother and
for the compensation OF one nall the prots OF scn
business The warrant has been issued ana tne nrst
meeting OF creditors Is TO be held on the sth OF
June. The question Is whether the petitoner
was carrying on business Tor the SIX months next
the Southern district OF New York within the mean.
ing Of the eleventh section of the act. The Register
says:-I am of opinion that he was He was not
CARRYING on business on his own account, but was
The clerk of his brother and yet 1t seems to me this
the Register cites the case OF William H. Magic, as
stated by Register Dwight in that matter and the
reasoning of the Judge thereon.
upOn the above question and opinion, as submitted
by the Register, Judge Blachford this morning rem
ders the following Judgment
Judge Blatchf0rd-l am of opinion that the pet-
toner was carrying on business for the six months
next Immediately preceding the filing Of his petition
In the Southern district OF New York, within the
meaning of the eleventh section of the act. This con-
firms the decision Of the Register in the case.
Number of Petitions Filed in Bankruptcy Dur.
ing the Year.
About $50 petitions were filed in bankruptcy on
Saturday which was the last day for receiving them
under the lst OF June clause. The total number Of
petitions, voluntary and involuntary, filed In the
Southern district Of New York from the 1st OF June,
1867 the day when the act went into operation, to
the 30th May 1865, Is !, ,733.
Disposal of Other Cases.
Judge Batchford sat for short time to hear other
cases on bankruptcy.
In the matter of Potter vs. Brandon the defendant
was adjudicated bankrupt. Other cases were not
ready when called.
General Court Business.
The Grand Jury came into court at one O'Clock and
handed in several bills Of indictment upon which
they had passed in their deliberations. The District
Attorney was present, to whom the Judge handed
the bills. Mr. COurtney then moved that the true
bill found against J. K. Lambert for murder the
high seas, should be transferred from the District
Court to the Circuit Court for trial. The court granted
the motion. The Grand Jury were then discharged
and the court rose:
The WOOd-NewcOmb Case-NO Indictment.
The Grand Jury of the United States Circuit Court
for the May term had before them during the ses-
sion which ended yesterday the case Of the United
States vs.. Abner B. Newcomb charged with OBJ
structng justice In his capacity of deputy marshal,
and failed to find any bill OF Indictment The de-
ending the WOOd-NewcOmb imbroglio and the war
between the United States detectives In this city.