The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-15
BUSINESS IN THE OTHER COURTS
UNITED STATES DISTRICT COURT.

UNIFIED Wales DiS HUI CuuKl.
An Important Question About Chinese
Firecrackers.
Before Judge Blatchford.
The Case OF the United States ys. Westrey Gibbs
l. Hardcaste came up yesterday in this Court for
consideration. It had reference to an Importation
OF nrecrackers from China in the year 1879 The
goods were withdrawn for consumption nom
bonded warehouse and the usual bond given to
pay the duties ascertaned by the Collector or the
Port to be due upon Them Under the
Tesin law the importers paid a duty
taey had paid all mat s %ps required
by the government, that being all the
tS u IN r. e
porters, and without any notice whatever TO them,
as they allege, the Collector liquidated the fire.
which brought the importers in debt about 500
more. with interest, for which suit was brought
Allen, have twice tried the case, and contended
That they had paid in the first instance all that was
OF ea ns Tnssa go ron ss
ant District Attorney Mr. F, H. Smith,
the to rule that the de-
evidence as to what amount OF duty they ought to
pay, not having protested against and appealed
and appeal the defendants were unable to make,
because they knew nothing OF the liquidation until
District Attorney shutting out all evidence as to
what amount OF duty the Importers ought TO pay
in equity, and held that. the liquidation OF the Col
lectOr being conclusive and 1inal they were COM
PEELED TO pay the extra amount OF duty demanded
by him, and gave Judgment accordingly. The case
will be appealed. This decision is under the four
teenth section OF the law OF 1854 in regard to pro-
test and appeal.
Bankruptcy Matters-The Death or \
Bankrupt No Bar to the Continuance
of Bankruptcy Observation-Disclosures
Decision by Judge Blatchford.
Yesterday, in the United States District Court
OF E. C. Ltchneld, an involuntary bankrupt. On
the Sd OF November, 1873 the order of adjudication
was made, and on the 9th OF that month the bank.
rupt died. The warrant, based upon this adjud-
cation, was not physically issued until the 9th Of
December, 1879 To further continuance OF the
proceedings objection was made by a creditor.
This creditor, through counsel, insisted that the
Court had further jurisdiction over the cause by
reason OF the death of the bankrupt.
The twelfth section OF the Bankruptcy law has
the following language, bearing on case OF this
kind
If the debtor dies after the issuing OF the war
rant the proceedings may be continued and con.
cIuded IN like manner as If he had lived
The decision OF Judge Blatchford uph0ids the
point that the Court has jurisdiction over bank
ruptcy proceeding, even after the death OF the
bankrupt. The Judge says
This provision Is found among those which relate
to voluntary bankruptcy section H. which re-
lates TO voluntary bankruptcy, provides that the
fling Of voluntary petition shall be an act Of
bankruptcy, and the petitioner shall be adju-
dicated bankrupt, and a warrant shall be forth
with issued Section "a, which relates to invoun.
adoss the Debtor be b sn ana
shall forthwith issue q warrant, and that the pro.
and distribution Of the property Of the debtor
shall be similar TO those before provided for in the
act IN regard to voluntary petitions. IL Is con
debtor dies before the issuing OF the warrant the
proceedings cannot be continued, and that the
tion or Of the act until it is physically issued, or
In other words, that when 1t is physically issued
De Is hayng been n be-
that the fling of petition for adjudication Ia
bankruptcy, either by DEBTOR in his own behalf
or by q creditor against q debtor, upon which an
order shall be issued adjudicatng the debtor q
bankrupt, shall be deemed and taken to be the COM
act Qn re Patterson. ] Benedict, 5Os) By sec.
tlon IA the assignment to the assignee and his title
hereunder relates back to the commencement OF
saeR ssfs Sag saPf1p sSades ~ sr
before the death OF the bankrupt the title OF the
s & e sas to lis
property is absolutely vested in the assignee,
unless the death of the bankrupt has had the effect
to prevent the vesng OF such title in the assignee.
do not think that the bankrupt died before the
issuing OF the warrant in the sense of section IL.
The warrant is required to be issued forthwith 1t
is, in Judgment OF law, issued simultaneously with
the entry Of the order Of adjudication. Whenever
IL Is physically Issued II relates back, for the pur
pose OF section H. to the entry OF the order OF adj
INDICATION. The entry OF that order causes the en-
tire proceedings and the title OF the assignee to
relate back to the fling OF the petition and there
is no indication in the act OF any intention that
the death of the bankrupt after the entry of that
order shall dissolve all the proceedings If the ply
steal preparation and issuing of the warrant shall
happen to be delayed until after such death.
Where section y speaks OF the issuing OF the war
rant u contemplates It's issue in a voluntary case,
simultaneously with the entry OF an order OF adu.
dication, and the same intent exists in regard TO
An involuntary case. Section IL must be read as II
the words ''issuing OF the warrant, were ssenter.
ing Of the order OF adjudicaton.v There is no DIFF
ference in the two forms of expression.
Brown, Hall and Vanderpoel for the assignee: