The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-26
NEW YORK CITY.
THE COURTS.
LIMITED STATES DISTRICT COURT.
In NEUTRALITY-SUSPICIOUS. Decision.
Before Judge Blatchford.

Before Judge Blatchford.
| IN the Matter or Samuel Lo,censtein ana Roso
LO,censtein.-In this case Judge Batchford has rem
dered decision US follows:-Ths IS an appeal by thu
pettionng creditor from the taxation OF costs by
the register on the dismissal OF the petition in pro
| ceedDg IN involuntary bankruptcy. The items
allowed and complained or tho creditor were all OF
them properly allowed except the item OF sl.oo7 so,
| for a03 days. at 50 so per day, allowed 10 the
late Marshal as expenses OF Keeping property from
November III, 1867. to December II. 1868. the item
is chargedhy the late Marshal as expenses. But his
aldavt III regard thereto Is defective inasmuch rs
1t only states that such expenses were necessarily
incurred by him and are Just and reasonable. IL
incurred ana paid by him and are Just and reason
able. The forty seventh section OF the Bankruptcy
act allows 10 the Marshal for custody OF property
his actual ana necessary expenses upon returning
the same iii specific items, and making oath tnat
they nave been actually Incurred and PAID by him.
and are Just and reasonable, the same to be taxed
adjusted by the court and the oath OF the messen
ger shall not be conclusive as TO the necessity OF said
expenses By the lee Dill or February 20, 1852 the
Marshal Is allowed the necessary expenses OF keep
ing property attached or libeiled in Admiralty not
exceeding So so per day. The word expenses"
implies an expenditure or payment and nothing
eau be allowed as expenses under section forty
SEVEN which is not shown air rmatiyeiy 70 have been
necessary and just and reasonable In amount and to
have been actually pad. The rule In admiralty Is
that to authorize an allowance for keeper 1t must
be shown thar ne was necessarily employed from
prudent precaulion In regard to the interests OF all
concerned In the property; that he actually con-
u
time charged, ana that the sum charged was
not only PAID but was reasonable for the
service The same rule has been applied to the case
OF q seizure by the Marshal or property proceeded
against by the United States by information as for
ielted under the Internal Revenue laws The people
taken in the present case. on the taxation before the
Register not sufficiently fun as to the necessity
for the employment Of the Keeper charged Tor or as
TO his actual daily continuance In custody of the
property. As to his payment, they not only do not
show that he was paid the amount charged but they
snow that he was paid but 8 small part or 1t. The
rule which must be followed IS this
"fne sum actually paid Keeper to watch
property in custody, not exceeding 81 80 q day.
may be taxed by the clerks upon satisfactory proof
that u prudent precaution III regard TO all con-
eerned Ia the property, justified the Marshal IN
placing a keeper over 1t that the Keeper actually
continued IN charge OF 1t for the time speci1ed and
That the sum charged therefor Is reasonable for the
service and has been actually paid by the Marshal"
The is referred back TO The register as TO this
item OF Keepers fees, to take further proofs II
offered and tax the item the principles above laid
Gown. The motion made by the petitlonlng creditor
to Offset his claim against the Debtors against the
costs when taxed Is Denied
The Walk Brothers Habens Oorpns Case.
IN the Matter or the Yak B,otaers.-In this case
in which Abraham and James Walk, grocers, petit
toned to be discharged on habeas corpus from Lud-
low street Jail, where they confined by order of a
state court Judge Blatchford has dismissed the
writ and remanded the petitioners to the custody
the Sheriff. the ground that there Is little reason
to doubt that good cause existed Tor the action OF
the state Court In granting the order or arrest
The Failure in the Fur Trade.
Before the Register.
m the Matter or Dapid ana W Ktn0.-The meet
ing for the proof Of debts and election OF assgnees
under this estate had been adjourned In order to
effect compromise with the creditors.
Edwin James, counsel for the bankrupts, an.
n0unced that tile attempts at compromise mad ailed
Debts to tue amount q $1,000, were proved, and
after warm contest Mr.. HurIuch, large creditor,
was elected assignee.