, 1879-05-04
THE HlBBARD INDICTMENT.

The sudden termination Of the Hlbb1rd case
created, OF course, good deal OF surprise, aud
no doubt many who cannot devote all their time
to solving the irreconcilable conundrums Of the
law, may wonder how the indictmcnl ought to
be framed SO as not to let lawyer get his client
out through its loosely woven meshes.
The Bankrupt law provides that party, when
filing his petition, shall deposit $50 as security
for his fees to the Register, and S25 as security
for the Clerks costs. This. mind, comes out Of
the bankrupt's pocket. His estate, then, bY op-
Grafton Of Law, vests in the Register, and the
Register, in course OF time. conveys that estate
to the person appointed or elected Assignee
This deed OF conveyance is absolute, though the
Assignee is, in his nature, only trustee, as he
is bound, OF course, even though the deed be
without condition, to administer the as
sets for the sole benefit Of the
baukrupt's credirors.. He also PAYS all
further fees to the various officers, though as
paid at once to. the Marshal, cover the greater
part Of the fees charged in ordinary cases. Judge
Bum held that this deposit Of $50 was not
payment of Registers fees, though it is neces-
case went through, and on this theory the bank
rupt did not pay the Register any fees, but they
were paid By lis Assignee. It will perhaps ap-
pear to be a pretty fine distinction, that when
party paTS uOHEy lILp eOurt 10 61LlS1J ali C1l1-
GERS charges, and it is used for that purpose,
that still be does not pay those charges,
though his money is used in that waY
and that way only. The deposit forms no part
OF the estate that goes to the Assignee. and the
Assignee, therefore, as far as the deposit goes,
pays no fees: Register Hibbard wes indicted
under Sec 5012 of the Revised Statutes Of the
United States, which reads IS follows:
II any Judge, Register, Clerk. Marshal, Mcssen-
ger, Assignee, or any other Of tne several courts
Of bankruptcy, shall for anything done or pre-
OF doing anything hereunder, wil1fnlly demand,
or take, or appoint, or allow any person whatever
to take for him. or on his account, or for
Of any other person, or in trnst for him for
any uther person, my fee, emolument, Gratuity,
sum OF money, OR ANYTHING OF value whatever,
other than is allowed by law such petson shall for
felt and pay sum not less than $500 and not more
than $500, and be imprisoned not exceeding three
yeare. .}..I5p ss +
Sec. 5,00S provides that the fees shal1be paid
by the parties for whom the services shall BE-
rendered. .
Sec. 5,01a, above quoted, does not demand
that the name Of the party shall be given
from whom the Illegal fees are extorted,
but Judge Bangs, with whom reporter
an indictment would be bad unless it did give
the name Of the person who had been.bled. In
answer to the question how an indictment
should be drawn SO that sharp lawyer
could not drive coach and four through it, the
Judge said it should contain three counts, the
first one alleging that the Register cxtorted,
etc, Illegal fees from tile bankrupt. the second,
that he extorted, etc, from the Assignee OF the
bankrupt; and, third, that be extortcd, etc.,
from the creditors of the bankrupt. And on
one Of the points Of this three-pronged indct-
ment the wrong-doer named would have to fall,
let his wits be never SO sharp or his lawyers
never 80 ingenious. This seems to meet the
case most completely.