The New York herald., 1871-11-25
UNITED STATES DISTINCT Cpusr-.s BANKRUPTCY.
Issues Of Law and Of Fact.
Before judge Blatchiord.


Before Judge Blatchiord.
In the matter Of the separate estate of Abraham
B. Clark bankrupt, The Register, W. J. A. Williams.
had cer.ibed question to Judge Balchiord respect.
ing proof OF debt filed by Z. ID. James. The ccrtL
nc.te was maze unuev section Of the Bankruptcy
aci.
On the aroye certificate the Judge has rendered
the iuhowing
Decision.
am OF opinion that the facts pet forth in the GER
tifcate Of the Register show case within The pro-
visions OF the fourth section OF the act that IN all
matters where an issue OF 1act or OF law IS raised
and contested by any party to the proceedings be-
lore register II shall be his duty cause Inc ques
Ton issue To be stated by the opposing parties III
wit ng ana he shall adjourn the same Into court
opposing parties nave stated IN writing the question
or issue. l think, on ,ne evidence, mat all tie
claim o. Mr., James Ii allowable, except The item
ol $40 So
Filing aEd Auditing Assianees' Accounts.
In the matter OF abraham B. Clark and Abraham
Bininger, banSrupts, MI Williams, the Register,
certified tain questions 10 the Judge Tor his dec-
sion These questions apply to the Hing and audit
lug OF assiguees' accounts. at the second general
meeting OF credltors Tie assignee| account was
presented, and no objection was made 10 any ITEM
therein. The account was mol examined by the
kenster. At said meeting DIVIDEND OF six per
cent was declared and ordered To I've paid No order
has been maze auditing or passing sucn accouns or
determining or adjusting Inc balance Of money With
winch the assignee Was then cnargeaule. The
assignee, Tor the nrsl taDe presented nss account at
the second meetDg oil cfeutioEs, ala the oeelst
says that 10 ~ nov the uniform pidctice
oI The Court, where 10 s proposed To ask 10 nave
the accouuts OF the assignee audied and passed,
TO order the meeting Under tbe twenty y-e4hti Sec
lion o. ack ANA 20 require the ussgnee 10 NE ms
accounts before siCB meeiiDg u ordefed ana tbei,
uuuer the order Ior sucn meeting, 10 give notice 10
tho Credhors ten days pciUft such tetlnH tbai suc
accounts have been hlsd with iiIe Regsier, aLd hat
ine assignee VIII apply az such meeinx Tor settie.
the act. The Register was applied 10 10 make an
order that the SAIL credit be ai.oA Ell anu Tue
amount oil the b.laEce VI money Win WHICH
tie assignee Is cDarseae, alter ai.owlns MN me
credits GAINED by him, Is adjusted al the sum or
xIy,y yyy g. ana the account ~ AUDITED a'.u passed
creditors nave Oh eced TO IT, 60 lar aS The khowl-
cuge OF the Register extends. and Tie Register also
states MS oplnlon tnat the orucr asked Tor would
nave the eject o. misleading tue creditors touching
tler rights and would be Violation OF the letler
and spirit OF tue provisions OIL the bankrupt ACT IN
Judge biatchiord decides as ioiows:-'ln view
OF me statements made by the Register to tne
second meetiI ot creailors tbink ne Is CORE, IN
Ic.usIng 10 make The olderappieu Tor SO iar as The
lgst direction therein Is ,onccrned.,,
Csissaar in bankruptcy Tor Saturday.
Nv Judge Blaichford:-Nos. 1856, The Bridgeport
Brass company Fuller and Graves; 3if5, BaITows
Va Brooks; $3.50 Bruce vs.. schndler; alss. Schoon-
maker w. Dcsoc Cowan: a2Ju, Armstrong vs..
reliwin X Burr; 32U4, davenport w. nawaid5 &
EDWARDS; 3-ug, Looms vs. Perm ilance; 1910,
1 ompafy, 32Il, Lunt vs. The Wood brolhers Coui.
pan,; sI.. rifiI,hs vs.. Murpay; s2ij, novey vs..
Simon and Isaac - Mack; o,2lB, AscGcr ys. Ine
GuaId savings Institution.