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changes are so frequent upon the bench, what it was to have a judge upon the bench for forty years, as he was. He reached great age, and gave an example to us all of the results of a quiet and uniform and industrious life of moral and domestic virtue.

His death calls upon us all to prepare for that end of life to which we must all come, and which few of us can expect to have deferred as long as it was in his case."

Judge Beebe then spoke as follows: "Perhaps I, too, should say a word on the occasion which has called so many members of the bar together. When a boy I commenced a student's life in the office of my friend who has just sat down, and soon gained familiarity with the business in that office, and therefore with the business of this Court. And in my practice since that time I have experienced many kindnesses and often indulgence at the hands of Judge Betts. When I was a boy I always received from him treatment which gave me courage and hope, and during my long acquaintance with him there has been no jar in our friendship. I have always had the utmost respect and affection for him, and we all reverence his memory now that he is gone. Few men reached the years which he reached or the honors which he attained. He was a man of extraordinary industry, who never allowed any matter to pass before him without careful consideration, and a great many hours and years of labor were spent in elaboration, which he conscientiously believed to be his duty, for he was a man instant in season and out of season in the performance of duty. He has passed away, and it is due to us who remain to pay respect to his memory, and I again second the motion that the Court adjourn."

Judge BENEDICT said : “My own relations with Judge Betts were perhaps somewhat different from those of any one present. I first began to know him as a student; my first cause I tried before him; I practiced before him as long as I continued at the bar, and when I took my seat upon the bench I was in some sense associated with him as judge. To his kindness to me as a lad, to his patience with me while at the bar, and to his uniform kindness to me while on the bench, I desire to bear my testimony, and the motion seems to me eminently proper.”

Judge BLATCHFORD said: “I can add but little to what has been said. Sitting in this place as the successor of Judge Betts, and brought into intimate familiarity as I am daily with his decisions in all branches of the law administered here, I cannot but express the obligations

VOL. II. – 36.

which both the bench and the bar are under to this distinguished judge for the light which he has shed upon the path of this Court. My acquaintance with him began some twenty years ago, and my relations with him have been intimate since then. He was always kind, encouraging, faithful, industrious, and conscientious in the discharge of every judicial duty. Of one branch of his judicial career I can speak better, perhaps, than any other person. I refer to the great services which he rendered to his country and to the law, in the prize cases which came before the Court during the late rebellion. In preparing his decisions in those cases for the press, as I did, I was amazed at the industry with which the judge, from the seventy-eighth to the eighty. second year of his life, went through the mass of papers in those cases, going over the evidence in each, digesting it and spreading it out in an opinion, so that the volume now stands for the information of all who have need of information on any branch of that subject. As it was the first great war that the country had waged, he was, as it were, treading a new path, using principles which had been already discussed, but adapting them to entirely new circumstances. And it was done with a clearness and a care which made the work a fitting close to his career. He has added to the reputation of the country by it, and I think the country owes a greater debt to him than to any other man in this branch of the law. I cordially accede to the request of the bar, and direct the Court to stand adjourned till Friday, and this motion to be entered on the minutes."

INDEX.

IN

A

Held, That on that affidavit the claim
against the bankrupt was a debt cre-

ated by the defalcation of the bank-
ARREST.

rupt, while acting in a fiduciary capa-

city, and he was not entitled to be dis-
1. Where a suit was commenced against charged from the arrest. Kimball's
a bankrupt in a State Court, the com- Case,

654
plaint being simply for goods sold and

See BANKRUPTCY, 13, 15, 16, 17.
delivered, but, on affidavits showing a

PRACTICE

BANKRUPTCY,
fraudulent contracting of the debt, an

17, 18.
order of arrest was issued against him,
and he was arrested:

ASSIGNMENT.
Held, That the bankrupt was not
exempt from such arrest, under the 1. Where a firm had chartered a vessel
twenty-sixth section of the Bankruptcy for a voyage to New Orleans, and ob-
Act. Kimbuli's Case,

38 tained advances on the bills of lading

of her cargo from T., who took them
2. Where a bankrupt, while on his way to under an agreement that the cargo

the register's office, for the purpose of should be sold in New Orleans by D.,
being examined, under an order (Form and the whole proceeds remitted to
No. 45) which had been served upon T., who was to take his advances out
him, was arrested:

of it and pay the rest over to the firm,
Held, That that order was substan- and the firm, being indebted to other
tially a subpoena, and that the bank- parties, gave them a draft on D.,“pay.
rupt was entitled to be considered as able out of proceeds of consignment"
a witness; and, as such, and also as by the vessel, which draft was not ac-
being a party to the bankruptcy pro- cepted, but D. gave T. notice of its
ceedings, he was entitled to protection presentation; and where, in a suit by
from arrest at the hands of any other the owners of the vessel, to recover
tribunal.

id. the charter money, an attachment was

served on T., who afterward received
3. That the Bankruptcy Court had power the proceeds of the cargo from D., and,

to give him protection, and that he claimed the right to reimburse him-
must be discharged from this arrest self therefrom for bis advances, and
on the ground that it was a breach for the amount of the draft, which he
of his privilege; but that, as soon as had paid after receiving such pro-
the privilege should cease, he would ceeds, taking a bond of indemnity:
be liable to be rearrested.

id. Held, That the proceeds which came

into T.'s hands were unincumbered by
4. Where a bankrupt was arrested on an any appropriation or assignment which

affidavit stating that goods had been could bind him or them, and the sur-
sent to him to sell on commission, plus ahove his advances became sub-
which he had sold, and the proceeds ject to the attachment, and must be
of which he had failed to pay over on paid to the libellants, with costs. Mc
demand:

Loon v. Linquist,

[blocks in formation]

B

BANKRUPTCY.

1. Where a debtor, before the passage of
BANKING ACT.

the Bankruptcy Act, procured a ficti.

tious judgment to be entered in a State
Where the president of a national bank, Court against himself, to enable him to

charged, as trustee, with the adminis- coerce creditors who were pressing
tration of the funds of the bank in his him, and, after the passage of the Act,
hands, converts them to his own use, took po steps to have it set aside, and
he embezzles and abstracts them, with- in October, 1867, the debtor being
in the fifty-fifth section of the Act of then insolvent, execution was issued
June 30, 1864 (13 U. S. Stats. at Large, on it to a sheriff, who levied on what
116), and the Acts amendatory there. was substantially all the property of
of, unless he shows authority for so the debtor :
doing. Van Campen's Case, 419 Held, That the inaction of the debt.

or, in taking no steps to set aside the
The making of false entries, by a clerk fictitious judgment, and to prevent ex-

in the bank, by direction of the presi- ecution being issued on it, was a pro-
dent, constitutes the president a prin. curing or suffering by him of his
cipal in the offense of making false property to be taken on legal process.
entries.

id. Schicks Case,
An intent to defraud the bank is to be That the transaction was, in effect,

inferred from the fact of embezzle- within the provisions of section thirty-
ment.

id. nine of the Bankruptcy Act, a transfer

of the debtor's property with intent to
BANKRUPTCY ACT.

delay, hinder, and defraud his credi-

tors, and the debtor, therefore, must be
$1.

pp. 183, 518

adjudicated a bankrupt; but there was
2

518 nothing in the adjudication to preclude

5

the judgment creditor from asserting him for his subsistence during the
his rights, and maintaining the integ: previous year, all of which were bor-
rity of the judgment, if he could. id. rowed and still unpaid, but his peti-

tion contained no statement of such
2. Where, before proceedings were taken indebtedness :
in involuntary bankruptcy, a judgment

Held, That if his testimony was true,
was entered against the bankrupt in a
State Court by default, on which an

no discharge could be granted on
execution was issued and a levy made,

his petition in its present condition,
and the bankrupt unsuccessfully en-

and his application must be denied.
deavored to have the judgment, execu-

Redfield's Case,

71
tion, and levy set aside, and the sheriff
then advertised the property for sale, 6. Where a suit was commenced in a
but was stopped by an injunction from

State Court against a bankrupt, and the
the Bankruptcy Court, which injunc-

judgment was entered and execution

issued, and a levy made by the sheriff
tion was, on a representation that the

before the petition in bankruptcy was
goods were perishable, modified so as

filed :
to allow the sheriff to sell, directing
him to hold the proceeds subject to the Held, That as the judgment was not
order of this court, and the sheriff sold fraudulent, the judgment creditors, by
them, and an application was then their levy, acquired a security for their
made to dissolve the injunction, there debt in the property which is not in-
being no impeachment of the bona fides validated by the bankruptcy act;
of the judgment, execution, and levy: That as it appeared that the proper-

Held, That the lien of the levy was ty levied on would bring more money
preserved by the Bankruptcy Act and if sold by the assignee in bankruptcy
should be respected by this court, and at private sale than if sold by the
that the sheriff should be directed to ap- sheriff under the execution, and as no
ply the proceeds of the property in his objection was made by the creditors
hands to the satisfaction of the execu- to the taking of such a course, the as-
tion, paying the overplus to the bank- signee must take the property and sell
rupt's assignee, or, if there was no it, with leave to the judgment credi-
assignee, to the clerk of the court. tors to apply for an order directing
Bernstein's Case,

44 payment of their judgment out of the
proceeds. Schnepf's Case,

72
3. A debt to be barred by limitation so as

not to be provable in Bankruptcy, as 7. Whether the court has power to direct
not being a due and payable” accord- an assignee to take property out of the
ing to the nineteenth section of the hands of a sheriff who holds it under
Bankruptcy Act, must be shown to be such a levy, except by consent-Quere.
barred throughout the limits of the

id.
United States. Ray's Case,

63

8. A judgment in a State Court against
4. Where the clerk of the Bankruptcy a bankrupt, which has been duly ap-

Court certifies, in due form, under the pealed from by him, is not a final
seal of the court, that copies of a notice judgment under the twenty-first sec.
for a meeting of creditors “were duly tion of the Bankruptcy Act. Metcalf
mailed to each creditor,” that is suffi- & Duncan's Cuse,

78
cient evidence of what is so stated,
even though it is made to appear that 9. The prosecution of the case, under such
a notice was mailed by the clerk to an appeal, is forbidden to the creditor
one of the creditors, naming a different by that section, and a motion to com-
day from the day fixed. Townsend's pel the bankrupt to furnish new secur-
Case,

62 ity on such appeal, or abandon the

appeal, is embraced within that prohi.
5. Where a bankrupt applied, under the bition.

id.
30th Rule, for an order that the costs
should not exceed the sum deposited 10. It is no ground of objection to a dis-
with the clerk, and, on being examined, charge that a debt was created
testified to certain sums expended by through the false and fraudulent re-

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