Dye 2eerewuane, she sad adio each, est gene wertia a ie temgerane june one ergs nen Gur pose ge ati, one uti an tacit my ea funner rit as your onerable Gaunt may seem mest ask the Court under the provisions of Section ters.
Aprils, To Invoicecharges on Teale Ste plaintiff from further proceeding with this action until the question of Mr. Augustine 1) Balance dee him Heard's discharge under the bankruptey had been settled. "The Section 5,106 was as follows:—'* No creditor, whose debt is proval ble, shall be allowed to prosecute to final Apri 18, Cly Parchase of W IT (and below 3844 502 19 bales 6,708.20 judgment any suit at law or in equity, there-80% Saluoof PET, fore, against the bankrupt, until the question 16 tales Sterling drawn, of the debtor's discharge shall have been de-21,881 Ins. 80. termined; and any such suit or proceedings shall, upon the application of the bankrupt, be stayed (0 await the determination of the Court By Balance due him. in bankruptey on the question of the discharge, provided there is no uoreasouable delay on to part of the bankrupt in endeavouring to The Defendant filed the following obtain his discharge, and provided, also, that if the amount due the creditor is in dis-
graph of the plaints petition 1.<-Deteant smite te statement in the Best pra-pate, the suit, by leave of the Court in Hear the reuioleraf ut talents contained Ti, the ott vagraph of the 2 patton, rit Defeodant native tath f the at pagrapl wkruptoy, may proceed to judgment for the purpose of ascertaining the amount due, Which amount may be proved in bank-second para the tition to be prov 's—Defendaut has no pertoual knowledge of any of the pine ripley, ut execution shall be stayed." The only question, therefore, for the Court to he facts ana transactions set forts i the thie, fort, satisfy itself about, was whether the defend. And fifth paragraphs of te plalutifs petition, because ant was really " bankrupt within the meaning hey all ccvarred during his absence from Shanghaly Statute, As to that, Mr. Augustine Dut, so far as ko hinivelf i concerned, be has ho reset to dispute the correctness of the statement contained in Heard had made an affidavit before the the said third, fourth aad th paragraph.
States Consul in Hongkong, stating that he With fence fo the wath. parazragh of the was a bankrupt, and verifying the orgival cer-pil ptton donna ape tha ko has bea licate of hie adjudication o such by the formed by his partner, the sail it. 1, Fearon, that on the latecth ady of Opel 1% beng be day ter te Court at Boston in Massachusetts, under the tail, he said firma of Agisting Heard and Company at seal of that Court, of which this Court would, Shavghal drew ated hauled to the plalutif a cheque hho presumed, take judicial cognisance. (Aid ponto Shanghai Uriel of the Hongkong at Banking Corporation in favor of the aid avit read.) He would also hand in, for what Corporation for the sum of Shanghai Taels U, they were worth, some advertisements from the Doing the amount claimed in the plaintit's Boston newspapers of the appointment of as-Tetter whereby the quested the said Banking Corpor signees under the bankruptcy of Mr. Augustine Heard and of three of the ce-defendants, and ngustine Heard and Company (Pauglst mentioned ni t deeparate also printed notices of the first meetings of and that at thetiwe when the eaid fra creditors of the respective bankrupts, includ-rew and handed to the plainti the said last mieutioned lie que. abd Fetter, the suid fr h Tans of the ing Mr. Augustine Heard, which had been Shabghal Branch of the said Babking Corporat sent out here to creditors, and which pu than suficfent moules to meet the suid ie, but the Mawager at Shanghai of the said Baoki poration ported to be signed Uy, the United Marshal of the Court at Boston, as declined to comply with the request. contain in the tad Tetter, on the ground that he had rreeived in bankruptey, This evidence he thought that defendant would satisfy Ube Court that the defendant, for whom: he (Mr. Robinson) appeared, wat paragraph of the really a bankrupt, and he submitted that plaintit's claim, is toether with his sad eo-part-petition, defendant says that after the accrue the Cour had under Section 5,106, which he had read, no alternative but to restrain Hers executed a deed bearing date the 19th day of April, the further progress of this suit, until the question of Air. Augustine Heard's discharge had been settled. lon of tis court, to the Bos, James Whictall and 'Theophilus Gee Livstead, both of Hougkvug in the Mr, Warszwniont, in reply, contended Britigh Colony' of Victoria, as Trustees on bel of all that the motion of learned friend wat the creditors of the said firm of Augustine Heard and founded on a wrong basis, for several reason: Cero ani of each of the yartuers © mprising the aid Rem, of which fact the plaiutiT was aware befure He had given the Court evidence that in {iling his petition Lerein, and It was and is competent to August last, the defendant Augustine Heard he-ald plaintiff to come in under the said deed, and was adjudicated bankrupt. Now, sup-receive a dividend ow any debt he may prove againat the posing that evidence to be true, he (Mr. aid Grm in respect of the claim set forth fy hig said tition herein—aud all the estate and effects of the said Wainewright) said there was no evidence rus and of defendant both within the jurisdiction of the bankruptey was still pending. Ib this Colt and elsewhere, were handed over to the said been annulled long ago; and now, alter Trustees immediately after the execution of the said months, the Court was asked to believe ced for the benefit of all the said creditors, Sucluding the plaintiff, that it was still pending. For aught that was
laias in the plaintiffs petit Deteniant further wry sce the accruing of the known, the defendant might have made a composition with his creditors, or the bank-in Bankruptcy in accordance with the laws of tates of america have been rupted might have been annulled, There ited States Federal Courts by or asbioliad before said, a wantd evidenieon said firm, and the first meeting of er tore under auch int defeat But there was another point to be con-Sntie ath aay rocecdiugs in. Dabkruptey was appointed to take place dered. Had the plaintiff been included in the of August, 1875. That deferent has no opposition to niake to stich last mentioned schedule of creditors? There was no evidence
Jirialiction of tis Court, ver which the suid Deed of Bakruptes, and, aay property of ile With to show he had been included among them, Neither was there any evidence that he was oun Ay Bientioned ju the fifth paragraph of {his Auster may bot operate, tt weeesal to the Assignee to be appointed under the 5 being protected in any wi Tt could be proved that the plaintiff notice of the bankruptey of Augustine Heard The defendant therefore prays that the and Ca. and that no notice was published in Alsmissed, the petitioner decreed to bear the local papers; and now, for the first time that lo may hae such other or farther relief as t0 the Cour: may seem meet, they heard it officially stated that there was a "And defendant shall ever pray. bankruptey. It was true that some time (Signed) Ave, Hearn, ago, the plaintiff received a eco of paper, which purported to be a notification of the Mr. Warsewnicnr having briefly opened bankruptey of Albert F. Heard and that was the case on behalf on his client, and read the all he knew about it, What the Court petition and answer, now asked to do, was to say that Mr. Ropixsox rose to move that the action proceedings that were pending in another be restrained, under Section 5,106, Chapter 5 country thousands of miles array, were to pre-of the Revised Statutes (United States.) vent native creditor, although his debtor said, it would save the time of the Court if he was here on the spot, and carrying on business now made the application which he had to here, pursuing his claim;—that he was to be make on behalf of Mr. Augustive Heard, th stopped protesting hi only defendant before the Court. There was for a settlement of business transactions cou-no dispute about the plaintifis debt, but the tracted in Shanghai, he was to go to New York, policy of the Bavkruptey Laws was ¢o secure Boston, or elsewhere in the United States, vision of a debtor's property amor and try to test his claim there. He (Mr.
is creditors, and not tallow one to get Wainewright) thought the test of the case an advantage over the others after the ce was, What would be the result of a discharge mencement of the bankruptcy. For thi in bankruptey, even supposing that Mr. purpors there was an express provision in the Augustine Heard had received his discharge 8, Bankrupt Act, and he would therefore in an American Court in this bankruptoy 2
Text read from the printed page and cleaned; old type leaves the occasional error.