The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-11-29
MAY LEAVE THE DISTRICT.
AND STILL HAVE THE COURTS DE-
CLARE HIM A BANKRUPT HERE.

III. MaCDOneH in Bankruptcy Pro-
ceeding-DomiciIe of Bankrupt
May Have Been Terminated, If He
Has Been "a Resident of the Dis
trict for the Greater Portion OF
six Months Preceding the Filing
of Hi Psetition, and the District
Court Will Stin Have Jurisdic-
tion-ReversaI of the View That
Has Hitherto Prevailed Here.
An interesting bankruptcy decision
was handed down yesterday by Judge
A. H. MacDonell referee in bank
ruptcy for this division of the South
ern District of Georgia. 1t is to the
effect that a residence in a district
for the greater portion of six months
next proceeding the fling of the petit
ton" is sufficient to confer jurisdiction
upon the courts of that district, al
though the bankrupt's residence may
have terminated before his petition was
filed
This is not in accordance with the
Interpretation of the law as it has
previously prevailed in Savannah and
this district, where it has been held
that there must have been no interval
between the bankrupt's residence and
the fling of the petition.
Judge MacDonells decision was
rendered in the case of A. w. Tinsley.
whose application for a discharge was
recently filed. The facts of the case
are stated in the decision of the referee,
which is as follows:
1T having been testified by the bank
rupt on his examination that he had
been d resident of. and had his domi-
cile in Savannah, Ga, for two years
and eiSht months prior and down to
Oct. 3 1901 when he had left Savan-
nah for Chattanooga, where he and
his family were now living; that he
had left Savannah with the intention
of locating elsewhere, and that he in
tended to remain in Chattanooga.
where he was yard master of the Gem
trail of Georgia Railway Company. and
it also appearing that he had filed his
petition in bankruptcy on Nov. Is,
1901, or a days after his change of
domicile and residence, (none of which
testimony was disputed), and it also
appearing from the record that he
filed his petition on Nov. Is, 1901, a
motion was made before the referee
W QlSlIilSS oil llAG pIONCEQlllSS AlGtt
by. and on behalf of Tinsley. for the
reason that said Tinsley was not at
the time of filing of his petition res
ident Of nor domiciled in the Southern
district of Georgia, nor did he have a
place of business therein, but on the
contrary resided and had his place of
domicile and place of business in the
state of Tennessee.
After hearing argument, the referee
reserved his opinion.
by section 2, Cd of the bankruptcy
act of 1898, it is provided that this
court has jurisdiction to adjudge per-
sons bankrupt who have had their
principal place of business, resided, or
had their domicile within their re-
spective territorial jurisdictions for
the proceeding six months. or the
! greater portion thereof, etc.
Did the the bankrupt reside or have
HIS place of domicile within the South
ern District of Georgia, Eastern Di-
vision Chatham county, for the six
months preceding, or the greater por-
ton there CT?
After study of the language of the
act, we are now of opinion that the
words preceding in the clause of tn,
act referred to- as well as the words
| next Immediately preceding. in form
No. l, prescribed by the Supreme Court
| have reference to the period of si2
months, and not to the period of the
greater portion thereof In other
words. while the six months period
must be next Immediately preceding
the filing of the petition, the greater
portion of the six months relied upon
to give jurisdiction TO the court may
be at the end or the beginning. or al
any intermediate portion of the six
months. The language is for the pre-
| ceeding six months, or the greater por-
ton thereof There is no limitation, OF
| suggestion in the act as to where the
| greater portion of residence or domi-
| cile must come in order to confer jul
| risdiction. AS to form No. !. while II
lacks the punctuation, separating the
clauses, as contained in the act, it was
| only intended to carry the act into eff
feet. 1t must be construed to subserve
the purposes of the act. and not to take
away any right granted by the act.
| Read in the light of the act it can bear
| a construction that Is fully in harmony
with it, we think; but If not. it must
| give way. II cannot stand as the equiv
alent of subsequent contradictory leg
| islation, although such rules, general
| ~ speaking, are obligatory and bind
| ing upon courts of bankruptcy, con-
| ferring rights as we'll as prescribing
404.
THE view we have taken is sup
ported by the following authorities. 1t
was held in the matter of Ray, Am.
B. r. Reports. page 159. that the
words greater portion in Section 2 ~,
of the Bankruptcy Act of 1898, are to be
construed as synonymous with the
words longest period used in the Act
of 1857. Thus a petition in
bankruptcy may be filed in that dis
trict in which the bankrupt has re-
sided for the longest time during the
six months prior to the filing OF his
petition
while this was the opinion of a ref
cree its weight as authority is in
creased by the judgment of the dis
trict Judge. who, on exceptions taken,
passed upon the decision and con-
Cured IN it. In the case of In Re
Berner, 8 Am. B. r., 3SS. II is held
that in order for jurisdiction to exist
in bankruptcy, there must have been
a residence or domicile for at least
three months, and that three months
need not be the three months imme-
diately preceding the filing of the petit
ton. but any three months of actual
legal residence or domiciliation occur
ring within the six months preceding
the institution of bankruptcy.
'The case of In Re Stokes, / Am.
r. r.. which decides that a person
petitioning to be adjudged bankrupt
must aIlege and prove that his resi-
dence or domicile was within the terri
torial jurisdiction for at least six
months preceding the filing OF HIS Pc
tition, and that during that period of
six months he has not absented him