Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-12-25
-===---a.- --zaa---s- From the Raleigh Sentinel.
Important Decision in Rankrnptcy--1n the
Matter of Geo, Brands bankrupt,

stated and agreed to by Mr.. Jno. w. dlns
dale, attorney for Fl. B. Clst1ln Co, and
Wolf, Mayer, Hays CO., creditors OF said
bankrupt, having entered their appearances
in opposition to the discharge OF SAID oank
rupt, and Mr.. B. Fuller, attorney for sald
bankrupt viz Whether, upon the atten
dance of the bankrupt before the Register,
at meeting to show cause In opposition
to his discharge, creditor, who has moi
obtained an order of the District Court Tor
examination, has a right to examine mm
upon oath touching his bankruptcy, upon
application to the Register, If such rlght
of examination is denied by the bank
rupt."
DECISION OF JUDGE.
At Chambers, at Elizabeth City, on the
9Th Sept, 1868, by the certificate Of AIR.
Guthrie, of the 21st Aug, 1868, this ques-
ton is presented
"Can creditor, upon the attendance of
the bankrupt before the Register, at a meet
ing to show cause III opposition to his dls-
| charge, examine the bankrupt touching his
bankruptcy without first obtaining an or
der of the District Court for his examlna-
ton, if such right be denied by the bank
rupt ?"
The order for the examination Of petit
tioning bankrupt will be made as matter
| of course, upon the application Of credl
tor, and the Register Is as competent to I'll
up the blank, issue the summons and ap-
point the day and place for such eXamlna-
ton as the Judge.
If the purpose DO to elicit facts upon
| which to found or base the exceptions, il
would not be competent for the Register,
| at the request Of any party, TO summon any
| witness person who may know. or be
suspected of knowing, facts pertinent CT
that might assist the objecting creditor III
preparing his specifications. For, in re-
| gard to such witnesses, and the facts they
may know, o creditor would be left to the
risk of establishing them upon the trial Of
the issues, as parties are in ordinary trials
at law.
| With such persons, and the inform att on
| they possess, no one has any right to de-
maud and obtain otherwise than as it may
be voluntarily given, unless it be upon the
trial of some issues or question made mp.
But it is not so with the Bankrupt Pc
titioner in relation to such of his credi-
tors as prove their debts, he stands upon
different ground altogether. When he files
his petition, he asks that, in consideration
of his complying with every requirement
of the law, he may be absolved from every
legal obligation to his creditors.
This, it will be seen, is an extraordinary
this, the law only allows it when he surren-
ders himself to BE- dealt with in an extra
ordinary way, ifsthe Court shall see proper
to exercise that power to the ends of JUS
tice. Information possessed by the Bank
rupt is often important to the proper adj
justment OF conflicting interests between
credltors-often Important to defeat the
establishment of an unjust claim against
his estate--important often to establish
justice in disputes that may arise between
assigAees and debtors to the estate, or as
between the assignee and such persons as
may claim to have liens or eriorities.-
Then, for all such, and for oil other proper
purposes, when the Bankrupt files his pc
tition, he submits himself to the order of
the Court, to be summoned or ordered and
examined at any and at all times, when it
may seem that the ends OF justice may be
fur!hered thereby.
The Register. at or after the meeting
held by him upon the petition and notice
to show cause why final discharge shall
not be granted, must report that he has
examined the petitioner finally upon all
matters touching his bankruptcy. Then
We will suppose that, at such time and
place, q creditor had appeared and asked
the Register, upon such examination, to
PROFOUND, or allow him to PROFOUND, any
proper question touching the bankruptcy,
should he not be allowed to do SO?
It seems to me that if this was refused
it would hot be such au examination of
the Bankrupt as the law cOntemp plates or
the Reglster Is required TO make.
When the bankrupt asks to be discharg-
ed. he must submit himself, if required, to
be examined with view to show whether
he has made full and faif surrender
And it is ordinarily not a very favorable
Indication, whenwa find one prompt to de-
mand for himself the benefits of the law,
and, at the sans time, reluctant to COM
ply with the Just burdens or demand OF the
law.
The Register is empowered to appoint
and hold his Courts and act at Cham bers,
and what he may do is in aid of the Judge
Of the District Court. Hence, I conclude
that whenever an act by the bankrup tcy
law is required to be done by the Court,
the Register may properly do that act, IN
less controversy shall arise and then the
question raised must be certified by him.
TIE provisions OF tie law reiled upon by
the Baukropts counsel are mainly to pro
vide the means by which an absent Bank
rupt may be brought forward at a given
day and place to be- examined at the in
stance OF a creditor or assignee. But If,
when he appears without this coercive
power, the creditor or assignee happens to
be present and desires to examine him. he
must be permitted to do SO Of course, un
less IL should appear that he has no good
ground OR reason to do SO, but requested
1T merely to harrass Of which 1 would al
ways require some proof before l would
come to such conclusion.
The Register, Mr.. Guthrie, must sum
mon the Bankrupt before him at given
day and place, OF which the creditors, a
B. Cladin & Co., must have due notice, to
the end that they may examine the said
Bankrupt, in respect to AZ matters touch
ing his Bankruptcy.
Let this be certified to VIM. 4. Guthrie
Death-Bed Confession OF Great Crime
The New Orleans Picayune relates that
some years ago respectable young man,
the only support of a widowed mother and
a sister, was Clerk in dry goods store in