The New York herald., 1868-02-02
NEW YORK CITY.
The COURTS.
UNITED STATES DISTRICT cuusI-w BANKRUPTCY.


a,nininx Witnesses i'm Bankruptcy Proceed
ipgs.
Before Judge Blatchrord
The case OF Michael w. Frcdenburg, bankrupt, had
been referred by the Court time since Register
Dwight. On the 9Th OF January Henry Mannheim
appeared witness. lie had been previously
an,ned on the 23d Of January, when his examination
commenced and adjourned TO the 9th. On that day
at Tho commencement OF his examination. The w,ness
objected 10 beipg examined, ''oecause there Is
authority TO examine u witness in any matter uniess
there 90 question IN controversy TO be settlod by
mony, and ul aler the examination vi the bankrupt
hinsci.' Counsel Tor witness and assignee bene
heard, the Register overruIed the o jectiun aud de-
cded that the witness may oe examined as prayed FOR
by The assignee. fhcreupon the witness prayed that
the question might he cern TO the Judge tor his de-
cision under sec,l0n SIX oi The act
Upon this point involving as il docs matter OF very
considerable importance Juuge Blachtord lhs morn
ins rendered The following decison wnicn we pubish
II iul:-
In answer to the question certified in this case
repiy:l The question - certified On the prayer o The
mitness under section or the act. The register
might plopriy have refused TO cerufy the qasslon II
only party TO tac proceedings bc.oe tue Resistcr,
who can ta1e opinion the d scl Jluge on a GER
ulcate Of the Register matter ARISING the
OF such proceedings or upon the re.ut % them lho
word .'pary" meals The bankrupt creditor of his.
2. J notice from tho ceiuncaie OF the Register
ihat the witness vas represented before tho
Register by counsel. Ine certificate speaks Of The
eau only lead TO confusion and dolay. Il only
parues, lhc bankrupt or cIedior. who are epthled
or the Coart, unless where sItness 10 made party
col aers proceeding by beng Cited answer
for alleged contempt 3. rno Register Ia
his decision thar Tho witness was under examination
4. The Register eertlGcs that The witness, without
standing tho objection, submitted himsel TO ex
alniDaton section OF the oct provides that
or any person examined before Register refuses
decline 70 answer, the Judge shall have
power 10 order sucn person to pay the
thereby occasioned, II fucn person be compe.ia-
bic bg law to answer, and such person shall
be liable 10 be punished Tor contempt The OBJ clion
ma y,lt oil
that III he mad not submit eli 10 examination
the case would have been clear one lor the imposition
and for puaishmsns for contempt. The obsc-
ton made iha. there Is no authority TO examine
witness in any matter un cr the Bankruptcy act unless
DO question in To be setLed by tet
mony, and until after examination Of tho bankrupt
himself Tue twenty sixth sectiou Of the act, under
VIII ch section the witness in this summoncd,
requires him to submit tp,ao eAamn alton on UPON
ali matters relating to tns disposal OF the blnkrnpts
properly, TO his trado deaiiugs wts otners aad his
accounts concern ng same, TO all dsoLs due 20
or GAINED from him aud to all other matters
thereof according 10 law IN addition 10 this the Court
compel the giving Of testimony in the taking OF
evidence under secti,n thir y-esnt Of the acL Tho
objection of the wi noss wnoy without foundation:
and the fact Tint he himself was unwilling 10 staad
upon IL showed that 10 regarded It as un,enabe 8.
Although tho objection Vas maae. YET by submitting
to an examination, which the Re states
cuded the wine waved tho obj ION, aud after that
there was point witnn the meaning OF section OF
the be certified by Regis Ell and he ought
tia; ground have refused to certify the question
In the Matter of .hc Washington Marine In.
snraDce Company.
In the matter Of the Washington Marine Insurance
Company, N winch petition died the 25,n Of
January against the company, had been ordered by
Judge Blachlvrd tnat the company should cone into
ana sbow cause Nhy injunction should not be
granted anst them. Yesterday morning counsel
tho might 60 over unlii saturday
ground that the Affairs Of The in progress
OF being wound up The judge granted tue motion.
In the Matter Of samuel Rogers and Others.
In t1e Mdter Of the BANKRUPTCY Of Samuel Ii GERS
Counsel moved that order might be issued 10 restrain
The bankrupt from dsposns privately OF his property
In she matter OF John Graves, In which had
been appointed, certain parlies credi.ors. bat
reads OF the bankrupt, bad entered into bond
the credi.ors the full amount
bankrupGs assets In these there carpets
with respect To which d0ub existed to whether
not they should be Included upon which the
dfors have claim. Counsel prayed the opinion and
advice Of tho Court IN the premises, aud his Honor
referred tho Register Williams with a request
that his report be presen,ed next Tuesday.
Question OF Practicc--Important 10 Bnul.
rupts.
In some cases Of voluntary bankruptcy orders had
been granted by the court ending too croiit-
tors Tile SPECIFICATION OF opposition ~ the bank
rupts order OF discharge.
Edwin James, rs COUNSEL, moved TO cot aside two OF
sucu orders, upon the gToapd that no notice Of tho
application bad been served, aGd he desired 10 conro
vert he adasts upoo winch the had been issued.
operated Aarshy upon pettonng deblOrs that
OIdeTs should be made pIt Without any poiice ~
the parties, and without hearing. Mr. seixas, on
behalf OF the creditors, stated tnai the bankrupts
now under examination. Judge Blatcbtord ruled
that matter OF practice, before examination of
any bankrupt completed, he sAould grant such
orders IN tue Grsi instsnce bsnkrups have tho
RI ut Upon application u Vie court TO have al. sucn
orders modified or rsscindsi. Mr. James may take
rule to that eject snd such will DO tie practice of the
court in thi9 district
Petitions Filed Yesterday.
Henry Camp New YORK city; referred to Register
r. s'lman Doubleday and Morris j. Card, New York
ci,y: referred 10 Register Dayton.