7. Where a libel was filed against a ves-
sel to recover advances made in a for-
eign port, on the request of her master,
for the purpose of paying off a bot-
tomry bond, and on the return of the
process no owner appeared for her,
but a mortgagee appeared, and, on his
consent, the vessel was sold under a
venditioni exponas, and the proceeds
paid into court, and thereupon the
mortgagee filed a claim and answer,
not only joining issue with the allega-
tions of the libel, but setting up his
claim as mortgagee, and praying that
his claim be paid out of the proceeds,
which were insufficient to satisfy both
claims:

Held, That the proceeding had
been made one to effect the proper
distribution of the proceeds of a ves-
sel, already condemned and sold at
the suit of the libellant, and it was,
therefore, subject to the considera-
tions which control Courts of Admi-
ralty in the distribution of money in
the registry. The Bark Acme, 386

See CHARTER PARTY, 3.
COSTS, 4.
LIEN, 1, 8.

12. Where an assignee examines a bank-
rupt, under the twenty-sixth section
of the Bankruptcy Act, the assignee
must pay the register's fees, whether
he has assets of the bankrupt or not.

If the examination is for the bene-
fit of creditors, the expenses of it
must be advanced or secured, under
the twenty-eighth section of the Act,
by the creditors.

If the examination is one of the
steps preliminary to the bankrupt's
discharge, the expenses must be ad-
vanced or secured by the bankrupt.

These expenses do not include any
compensation to the assignee. Pro.
vision may be made for securing such
compensation to him.

id.

13. Where one member of a firm alone
filed his petition in bankruptcy, in-
dividually and as a member of the
firm, and the register adjudged him a
bankrupt individually and as a mem-
ber of the firm, and also adjudged the
firm a bankrupt:

Held, That this latter action of the
register was erroneous. In such a
case, notice of the filing of the peti-
tion must be given to those members
of the firm who have not joined in it,
or assented to it, as if the proceed-
ings were involuntary against the
firm. Lewis's Case,

96

14. Where, afterward, the other member
of the firm presented a petition praying
that both of them might be adjudged
bankrupts, and that he might have
leave to join in the first petition:

Held, That this petition might be
taken as expressing the assent of the
petitioner to the petition of the other
partner, and to validate the adjudica-
tion of bankruptcy against the firm;'

That it was not necessary for him
to otherwise join in the first petition.
The proceedings as to his individual
creditors would be had under his pe-

17. Where creditors applied to have
the proceedings sent before another
register than the one to whom the
case had been referred, on the ground
that the register had interfered in
choice of an assignee, the court
granted the application, without, how-
ever, questioning the motives of the
register in what he had done, but be-
cause the creditors, who had made
affidavits in support of the applica-
cation, and their attorney, ought not
to be compelled by the court, after
all that had transpired, to continue
the proceedings before the register in
question.
id.

18. Where creditors, who had proved
their debts, served on the register a no-
tice protesting against the proof of any
claims against the estate by certain
other creditors, and requesting to be
notified if any such claims were
tendered for proof:

Held, That they had the right to
serve such a notice.
id.

19. Where the bankrupts were examined
by the assignees, and creditors filed
specifications of opposition, which the
court held irregular in form, and al-
lowed them time to file new ones, and
in the interim they applied for an
order that the bankrupts attend and
be examined under section twenty-six

of the act, several months having
elapsed since the proofs of the cred-
itors' debts, and no reason for requir-
ing a new examination being shown:
Held, That the application must be
denied. Isidor & Blumenthal's Case,
123

20. Where a witness, called for examin-
ation under the twenty-sixth section
of the Bankruptcy Act, objected to
being examined, on the ground that
there was no authority to examine a
witness under the Act unless there
was a question in controversy to be
settled by testimony, and not until
after the examination of the bankrupt
himself, but, without insisting on the
objection, submitted to an examina-
tion, and the register certified the
question, involved in his objection, to
the court:

Held, That the objection was frivo-
lous;

That, after the witness had waived
his objection, there was no question to
question to be certified, and the regis-
ter should have refused to give a cer-
tificate. Fredenberg's Case,

133

25. Where a bankrupt was arrested in
an action in a State court on allega-
tions of fraud in contracting the debt,
to recover which the action was
brought, and gave bail, and applied
to this court, on affidavits denying the
allegations of fraud, for an order dis-
charging him from arrest, and dis-
charging the bail:

Held, That the court was competent
to give him the relief sought, provided
his arrest was founded on a debt from
which his discharge in bankruptcy
would release him.

That the court must inquire into
that question of fact, and decide it on
this application. Glaser's Case, 180

26. A Bankruptcy Court, in determin-

ing the question whether the arrest of
a bankrupt is founded on a debt or
claim from which his discharge would
not release him, as provided by the
twenty-sixth section of the Bank-
ruptcy Act, can look only at the papers
which were before the State Court, as
the foundation of the arrest. Kimball's
Case,
554

27. Where a bankrupt filed his petition,
in which there was no allusion to the
fact that he was a member of a firm,
although the schedule showed debts
contracted by him as member of a
firm, and that there were credits due
to said firm, and he was adjudicated a
bankrupt, and an assignee was duly
chosen by the creditors, and the
bankrupt then presented a petition to
the register, stating that he was a
member of a firm, and asking leave to
amend his petition and schedules so
as to allow the other member of the
firm to be joined with him, so that he
might be discharged from the debts
of the firm, which the register refused:
VOL. II-38

Held, That the register should have
granted his petition. The bankrupt
had prayed to be discharged from all
his debts, and could not be discharged
from the debts of the firm until the
partner was brought in. Little's Case,

186

28. A creditor, who has a security for
his debt, may prove his claim for the
overplus, without abandoning the
security, but must set forth the value
of the security, and may vote, on the
choice of an assignee, upon such over-
plus. Bolton's Case,
189

29. Where a corporation was organized
under the laws of the State of New
York, and, in a proceeding instituted
by the Attorney-General of the State,
and restraining the company and its
officers from exercising any of its cor-
porate powers, was declared insolvent,
and an order dissolving it and appoint-
ing a receiver was made by the Su-
preme Court of the State, and the re-
ceiver took possession of the property
of the company, and thereupon a peti-
tion in involuntary bankruptcy was
filed:

Held, That the service of the order
to show cause must be made by publi
cation;

That the company had suffered its
property to be taken on legal process.
with intent to defeat the operation of
the Bankruptcy Act. The Washington
Marine Ins. Co.'s Case,

292

30. Where specifications of objection to
a bankrupt's discharge had been filed,
and the creditors then moved for leave
to take testimony, which motion was
opposed, on the ground that the ground
of objection alleged was an assignment
made by the firm, of which the bank-
rupt was then a member, before the
passage of the Bankruptcy Act, and
consequently not within the meaning of
the twenty-ninth section of the Act:

Held, That the specifications not
only alleged such assignment, and that
it was fraudulent, but also alleged that
the property had remained in the pos-
session of some of the assignors ever
since the assignment, and that this was
done with the knowledge and assent of
the bankrupt;

That the court would not, on such a
motion, pass upon the question whether

32. Where a bankrupt filed a petition
in bankruptcy in the Southern Dis
trict of New York, not averring any
place of residence, and, on his ex-
amination, it appeared that he re-
sided with his father, in New Jersey,
and had done so since he came from
Chicago, four years previous; that he
had been engaged in looking after a
private matter, with a view to return-
ing to Chicago, and that, for about six
months back, he had been keeping
books for a firm in New York city,
and, thereupon, the register declined
to make an adjudication of bankruptcy,
as having no jurisdiction of the case;

Held, That the register's decision
was correct. Magie's Case, 369

33. Where a bankrupt did not reside in
the Southern District of New York
during the next six months preceding
the filing of his petition, but, before
his insolvency, had been in business
in New York city, and had, during
the whole of the said six months, car-
ried on business in New York city as
the agent and attorney of his brother,
in buying and selling merchandise,
keeping an office for that purpose with
his brother's name upon the sign:

Held, That the petition in bank-
ruptcy was properly filed in the South-
ern District of New York. Baily's
Case,
437

34. Where a merchant, who had resided
in New York city for more than
twenty years, failed in business, sold
his residence in that city, and re-
moved his family to New Jersey, and

36. Where creditors opposed the dis-
charge of a bankrupt, on the ground
that he had procured the assent of cer-
tain creditors to his discharge by a
pecuniary obligation, and the evidence
showed that he had paid to the coun-
sel for those creditors, their fees, for
services rendered in the matter,
amounting to $20, but it also appeared
that those creditors had announced
that they would not oppose the dis-
charge, before any thing whatever
was said about his paying their coun-
sel fees, and that such payment was
not made a condition of their with-
drawing further opposition:

Held, That the burden of proof was
upon the opposing creditors, and the
proof did not sustain the specification.
Mawson's Case,

412

37. Where a creditor, who resided out of
the district, had proved his debt in the
proceedings, and an order was made
that he appear before the register and
be examined touching his debt:

Held, That, in case of his disobedi-
ence, the court could strike out his
claim;

That, if he could not personally at-
tend, to be examined in the district,
without hardship, the court would
provide for his being examined before
a register in the district of his resi-
dence. Kyler's Case,
414

38. Where an execution had been issued

on a judgment against a bankrupt, and

a levy made under it, and thereupon,
on the filing of a petition in bank-
ruptcy by the judgment debtor, an in-
junction was issued restraining pro-
ceedings on the execution, and there-
after a motion was made to dissolve
the injunction, on which the bankrupt
produced affidavits to show that he
had no interest whatever in the prop-
erty levied on:

Held, That, as the assignee, though
notified of the proceedings, had taken
no steps to acquire possession of the
property, and as it did not appear
that the proceedings of the creditor
under the execution would affect any
one who was entitled to the protection
of the court under the Bankruptcy
Act, the injunction would be dissolved.
Olcott's Case,

443

39. Where an order was obtained for
the examination of a bankrupt and his
wife, proceedings on which order were
adjourned several times, during which
time the bankrupt filed a petition for
discharge, and obtained an order to
show cause, but nothing was done on
the return day of that order, but ob-
jections were afterward filed, and
thereupon, on the day to which the
examination had been adjourned, the
bankrupt objected to being examined
on the ground that he had applied for
his discharge, and the time to file ob-
jections to the discharge had expired:

Held, That the adjournment, with-
out day, of the proceedings under the
petition for discharge, terminated
those proceedings, unless a new order
was issued;

That the objections to the discharge
might stand as properly filed;

That the time to examine witnesses
had not expired;

That the time to file objections
should be kept open by adjournments
of any order to show cause, until a full
opportunity for the examination of the
bankrupt and his wife, and other wit-
nesses, had been given. Seckendorf's
Case,

462

40. Copartnership debts may be proved
in proceedings instituted by a single
partner, on an individual petition,
whether there are any assets of the co-
partnership or not. Frear's Case, 467

41. Where a petition in involuntary

42.

An order for the examination of the
debtor in proceedings supplemental
to execution, under § 292 of the New
York Code, is "legal process," within
the meaning of the thirty-ninth sec-
tion of the Bankruptcy Act. id.

48. Where, in bankruptcy proceedings,
a creditor, claiming to hold collaterals
as security for an indebtedness of the
bankrupts, applied for an order to sell
the same, under the twentieth section
of the Bankruptcy Act, which was op-
posed by the assignee in bankruptcy,
on the ground that the creditor had
not proved his debt, as required by
the twenty-second section of the Act:

Held, That the creditor could sub-
stantiate his claim against the bank-
rupts, so far as to comply with the re-
quirements of the twenty-second sec-
tion, without previously ascertaining
the value of the securities which he
held;

That, as the creditor's right to hold
the collaterals was dependent upon
his ability to show himself to be a
creditor, no permission to sell the col-
laterals could be granted until his
right to sell them was shown, as re-
quired by the twenty-second section of
the Act. Bigelow's Case,

480

44. Where, previous to the passage of
the Bankruptcy Act, an attachment
had been issued out of the Supreme
Court of the State of New York against
the property of H., who made a mo-
tion to set aside the attachment,
which was denied, and he appealed
from the order denying his motion to
the general term of the court, but the
plaintiffs in the suit in the mean time
proceeded to judgment and execution,
under which funds levied on under the
attachment had been paidto the sher-
iff, and by him paid to the judgment