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Collection: Newspapers > Nevada Daily Transcript (1863-1868)
September 3, 1878 (4 pages)

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Page: of 4

vss mot Spite RRA Se RAN TABOR ot Hoe as ae
i .
}
— ae rd
Poy CHANGE 1 votre BANKRUP rey.
Since the ist OF An August 105 petitions hag been filed in San Francisc5f 83° wero filed in ‘July, ‘and 99 in
Juve—making am sggregale of 272
for the-qtarter exclusive of Sata ay
last which was the last opportanity:
--f9¢ toetiling of petitions-agder.the
Fedetal Bipkrapt law. During the
inonths of June, July aud, August,
‘ 1377, there werd but 73 petitions filoJ. Persons contemplating going into
baukruptey appear to have been ai -.
der the impresajou that the Foderal
law, whichJexpired Saturday, is.more
_.-advantageoas.than the State Iosolvent Act. of 1852, revived by the actjou of Congress, and hasten t avail
themselves of the supposed benefit.
‘Che Insolvent Act was passed by the
Califorviw Legislatare in 1852, and
‘was modeled upon the New . York
law adopted in 1848, which was also”
copied by North Carolina: apd nearly}
nll the States liaving a Code.
Federal Congress passed an Act in
1867 to secure a uniform system of
bankruptey throaghout the United
States, which of course superseded
all the State law, The proceedings
under this Aet are expensive, requiring -iegistrar’s fees of $350, and other cost; that Usually est up all the
assets of estates showing not more
tian $700 or $390. Under the Strate} reason -ts-beliove that -the and will
— Jaw the: County Court has sole juris‘diction im eased of Tugolvency, and f
no Regiscrar or seferée being necessary, the costs are reduced.t », the
feu ot $7 59 fur filingthe petition,
whieh carries the cise;directly into
Court, ‘Lhe: prooeedings ate gener—
ully the same under both acts, but
there are some points of difference
-which materially affect. the positiogy
‘of the debtor in Court, and Placegbe
:’ creditor toa certain extent more at .
the mercy _of fraudulently ipclinéd
ingolveats, The Bankruptey dow afturds relief.in two ways, vamely:apon ‘applie ition of the debtor, or upouT
application-of the creditor, the lutter course of proceeding forcing the
,«{lebtor into involuntary bankruptcy.
The Stita law provides only for voluutiry.bunkruptzy or insolvency upon petition of the insolvent himself.
In other words, a maa cannot now
be forced infa bankruptcy iu the
Stite of California, An insolvent
must show assets amounting to
more than one-third of-his liabilities,
in order to receive the benefit of the
law a jsecond time, unless he ean
prove by tbe affi lavits of two ered. jolee witnesses that his losses actuully oceurred ‘in the manner set forth
in his petition. The Federal law
prohibited the tr msfer or conveyance
of propcrty by a debtor after the in’. stitation of progeedings in bankrupt
cy, but there is nothing in the Stite
luw to prohibit the cohveyauce of
property absolutely or as. security
' £) one ot more crediters, to the exclusion of the remainder. A jadgment obtained against a dvbtor after
beginning of insolveney procesdings,
in an action begun before such proceedings were institated, holds geod
under the law of 1852, and: is no
void, oa the ground that itis in violution of a restraining order of the
Court, as in the case under the Federal law. Uuder the Jatter law a
settiement ean be made if three
fourths! of the creditors, representing
two~thirds of the amount of liabilities, agree to the terms, and the reinninioy credi£ors are bound to accept the comproniise, but under the
State law the deb'fr mast get a discharge from the Coutty Couit. Gamblers are not denied the benefit of
tne Act-ou aceon of their ocegpatiou, bat séction 3) provides that,
*Allingolveat debtors owing or accountable in avy manner for public
fuuds o¢ property of whatever natyre
or kimd; all unfaithfal depositories;
all such as refuse to pay yp. all
funds receivel by them as bankers,
brokers or commission merchauts or
for mouey, goods .or-effyets received
by them in a fiduciary capacity,
suall be denied the beneit of this,
Act.” The dischurge in bankreptey
may be opposed by ereditors on
grounds of supposed illegality in the
sppointment uf un assignee, or supposed fcrand commiited. by him,
. ‘Loe insolveat is required’ to turn
over bis books, Yonchers, notes,ete.,
“10 the Cleric: of the Couniy Court,
-p resident creditors getall the assets,
The sie
which. was not necessary under the
Federal law, and his failare to do so
promise ean be effected by which
as has been done heretofore, The
debtor is required to tarn over his
petition, andthe only protection
figuinst fraudttent” transfers is he" . "
‘path taken by bim that-he-bas not
paid over. any money or property .
except in liqnidation of liubilitios
actually i incurred.” ee ahaa
“SHOO FLY.”
~ The patent. outside. published at
‘San,Juan deyotes over a column ‘of
ite paper in villtfying the Traxscarrr,
%f we should pay attention to every
cur that barksatus we should find
but ttle time,te attend to-ether-matters. .The Teanscaipr is.a wideawake paper, and therefore it would
be very fanny if there wete not sone
one to attack us. We prefer it to
that of being virtually a noneutity.
—
THE BELDLE MINE,
ro
The Beedle mine, located near the
Half Mile House, is likely to change
ownership S000. Cuapitilists from
below are.expected to arrive here before many days to examine tuéchiim
and if they aré satisfied with indica*
tions will buy it, and muke the necessary preparations for its develop—
ment. We have always thought the
Beedle a good mine, and have every
take —
i ARR EER ER
DA HAGE RE PAIR ED.
"That portion of the flooring ia the
hay loft of Wellington's stable, whieh
cama dowa in sach a hurry lust Satturday, almost’ making jelly out of!
three men who happened to be an-::
der it, has been repaired. Heavier
timbers have been placed across the
. wide span. in the front parti of the
buildizg, and and the floor otberwise considerably strengthened, so
as to preelade.any possibility in the
future of a hes accident,
S’ UNBAPPY DAY, GEO. BU’
The District Coart will convene on
Monday ext. George Butts, the
Forest Springs murderer, after trying every means thatelays within a
poor man’s power, to evade death
on the gallows, will receive final
sentenee, His only bope now for
evading the hangman’s noose, is that
the Augelof Death may come down
and quietly spirit him: away to another land before the law has time
to fulfill its course.
TRAPPED A BEAR,
James Smith, a Bloody Run raneh+
er, trapped a cinamon bear net loug
ago. He put itinto a pen, and was
very fond of his pet. A few days
ago it managed in some way to break
out of the eage, and returned to its
native wilds. Mr Smith declares if
be is ever lucky enough to -trap another “varmint” he will be careful
to see it stays where he puts it.
CARRIAGE BROEEN,
.
Yesi\erday forenoon, while John
Pashin’s horse and buggy were standiny hitched to the fence, at the right
of the Court House,Jackson & Richards’ Yelivery wagon, in passing,cob
lided with it, and ujset the firstnamed vehicis. The axle of the buggy was broken.
ae
SAW MILL ACCUDENT.
On Saturday the head of the boiler
in Cooper's saw mill,on Rovk Creek,
blew out with a loud report. The
sound was heard for a long distance.
Wo one was ‘hurt, and the damage
done was slight. -«
a a a an
The following observations were
taken yesterday at the office of the:
South Yuba CanalCompapy, in this
eity; THERMOMETER—$,00.4.M., sun
71, shade 69;2 P. 4, sun 95, shade
81, BaRnoMEreR—8.00: a, M., 27.44;
2p. u., 27.40. ie
i
NEW fess raed
Williams & Mote et their
new silgom on the corner of Pine
and Comm
They say they are going to Keep a
§rst-cluss place. ‘lheir advertiverent
property to thé Court upon filing bis }
eroial streets, last eveving. j
solutes
Bt diay.. 4 s@° Record a
The case was 5 very warmly Wr
and prosecuted. District Att
Bianchard appeared for the people
andJ.M. Walling of Neveda and
detenise, «The. ‘jury “recomended
the defendant:to the mercy +of tbe
Court on account of hisy onth and his
‘previons good ' chatagter. Mitchell
‘was charged with-having stolen
mentt to-aphotogrepher’ ‘Ss camera.
The goads were found io his pos:
session and sworn to, by Mr, Beuls
a8 belonging to him, as also did other witnesses. The defendant contended that be boughtthem of. one
H. C, Walker, whom be cannot now
finds sA billofsale from” Walker to
Mitchell was produced, © The prosecution required: the defendant to
write vut in open Coart a copy of
this bill of ‘sale, and claimed with
‘much force-that the copy showed Mitchell had written the Walker
bill also: ‘There weré very many
-witne ses forthe defense .who--saw.
defendant using the instruments
openly, and to whom he showed
them asa recent purchase, among:
others the aged mother of the young
man, who testified that she furnished
the money with which her son
bought the geods. ‘Phe prosecution
in reply, proved that Beals had t.ken down the manufactorer’s number
of at least part of the goods, and
bad them in possession” about the
time defend int claimed to have been
lopealy astag— them th the city:
Tuken altogether the case was a pe~cnliar one, aud awakened a lively interest about the Court House. It is
probable that a motion for new trial
will be madé,.and that the case will
go to the Suprease Court,the defense
having taken several exceptions in
the trial, as'also to a portion of the
the charge of Judge Irwin to,the. jury. The case has now been twice
PLENTY OF BEARS.
es
Cinnamon -bears.are. unusually
plentiful in the neighborhood of
Moore's Flat thissummer. A few
days sincea young man while following the ditch at a point two miles
above there heard something splashing in the water just around a curve
alead of him, Under the supposition that-the noise was created by
deers, he crept steathily up to the
bathers; holding bis gun in readiness to fire. Imagine his surprise at
coming full upon four cinnamon
bears—two old ones and two enbs,—.
Not daring to attack such game, te
gracefully retired, and climbed «
young sapling, remaining in its
branches until the ugly looking
quartette had finished their ablations and departed, leaving a way
for his retreat open.
FIRE EN THE WOODS.
ee ee
The large pine forest in the vic nity of Bloody Run has been on fire
for over three weeks. At times the
destruction of much property has
been threatened, for instance, a few
days ago when the ditch company
found it neeessary to put mén to
work beating baek the flames from
She west side of the road ; for bad
they crossed it the flumes in that locality could not possibly have been
saved. Just at present no. property
is especially exposed, but there is
no telling when the fire may take a
fresh start. ’
~
etal
GOING 10. RE-BUILD,
oo
A. McNeeley and E. A. Wetmore
went to Eureka yesterday morning
to re-build Marsh’s saw mill, which
fire was nc doubt caused by —
from the engine. Only, abont o
thousand feet ox lumber, in caiition
to the ‘mill, was Cestroyed.’ There
were many thougana fevt.of lamber
9} Pilea in close proximity to the mill,
bat owing to the efforts ot the employes it was, with the exception
mee gc from the fiery
element.
ay
itll
-— <=
THE elias War lacenaideret over, and General Howard is at headqierters . at Fort er,
appears im another cola, ~
e
=e
C, T, Jones. of . Sacramento for the}
from the pbetographic gallery et Ha
+S. Beals: certain lenses and attachj{ham’s ranch, on the McCourtney
‘Ore{ification progressed most admirably
I Supt. Milton Mining atid Water Co.
[Nevads. TRANSCRIFL copy “one,
week, and send bill to Union of
fice. i
Ono the following day it appeared
in the colamns of this paper iv compliante Witlithe request embodied ia
the. brackets,..
Sunday. ait chek’ ter od had gone
up in answer to the advertisement,
tetarned to this eity, and brought
Sibith mine will be crushed.
the information that their_trip_had
been a fruitless one; Mr. Bell denied
all knowledge of the advertisement,
said he had not authorized its publication; and-did not-need any extra
kelp. Yesterday the following telegram was received at this office:
Norru San Juan, Seer 2, 1877.
_ Dany. PRanscript—Who. au-.
thorizea advertising for men in your
/paper on the 30th ult.?
The question naturally arises,
who caused the advertisement to be
published? The whole affair seems
shrouded in inystery. “It looks very
much as though an endeavor had
been made-to play a stupendous and
__BISHOP BROWN, ATGrocker, Tr, 31 SN a
One of the Bishops of the United . ra MeGed Tt, 2 “B 7 :
, co ‘ FAM Gee, Tr yor y
States, of thevA. M. E. Church, will FA aces, 7, ya : Te ae
-hessch. ie the colnet ,abonatimsbdte sel Gee be he acne: $e
city; on Toursday evening next. obama: es i3 M25 = BL.
The Rev. géntieman is daid 40'be a] A Meaee’ Tr) > ap . se
‘oi F A: McGee, Tr 92. 1000s bo)
t divine, ‘ ; ou very eloquent d : es. teat 3 \ al ainer TR, 8 sn 25 on
Pal Ontrenwanwhild going’ to) AT M ner: ipa ia. $60
church on Sunday, fell asleep on.the PS 8 — nae, ej “300 500
way, bat kept steadily on. He wast john Neste aw -. <i ad Be ee
awakened by a friend:and bis first} y Lora, ” 5 100°. «500
reinark was: “‘Thonght I’d got to . GH Stombes, 96 160 500
hureb, N ia Ull_after . 0% Stombes,97 1005-00: +
first hymn. Most be soawéhing. C2 7¥rman, 7% 2000, 10000
And in ascordance with law, and. asi or.
wrong; somewbere,”’—Norwich Bul . 4
Jetin.
ADVERTISED Lerrens.
“fhe following letters remain in the Port
Gfiice at Nevada City, Nevada County, Oa}.
forthe week ending Sep. 22d, . 1878, Persons calling for advyertisettetters will
please give the date of advertisement.
J. 8. HoLBRodx, PM.
Brigham,Mrs. H.-A.
Christolam Mr) EB. ~~
Crandel W.
Drivers Li.
. silly “ “joke,” or else there was a movement-Ou foot to stir up trouble of
some kind between the corporation
and workingmen. A day or two
will serve, however, to solve the
mystery, if mystery it be.
BREVITIES.
Mrs. Rudolph has displayed in
her show windcw: pictures of Troy
Dye, Anderson and Clark,-the murderers of Tullis. Toey are said to
be excellent pictures of these wretch:
es.
Truckee is excifed over the recent
success: that bas been made in working Meadow Lake ores by a new
ptocess, and her people are seeking
claims and generally. preparing %
take an interest in dnticipated bonanzas, Towo lots in the.old’ (new)
District are. ogain coming into: demani, ‘
The Camp Mevting at Awd. Pol.
road, is now in fall progress. It}
will be continned through this week,
incloding next Sunday.
The following General Committee
has been appointed for the Watt
Monument Fand: Dr. Wm, LeCormick, Stephen Moore, J. I. Sykes,
D. P. Holbrook, Dennis Meagher,
A. B. Brady, Wm. Campbell, ©
Smith, Peter Johbuson, J.J. Dorsey,
Samuel P. Dorsey, M. Byrne der.,
H. Silvester, Reuben. Leech.
-_ ——__—_ = om ————
MURCAHIE MINE.
Everything is going along splendidly at the Murchie Mine. They
are taking out large queutities of fine
looking ro¢k, wnd‘to-day the new
mill will be started up and kept in
constant operation. The bullion
will commence to flow regularly from
that mine in a very short time, aud
the stockholders will soom realize
that their investment was made in
the right place.
AT IT CONTINUALLY.
The present City Marshal hae
madé more arrests since he has. been
in office, than. any previous officer
did in a whole term. Either _Baldridge is more efficient in hie duties,
else the morals of the town are decidediy worse. We are of the opinion that the lattercaure has a“heap”’
todo with it, and the Marshal is
prompt in arresting all violators, of
the law.
THE BURNED BLACKSMITHS.
ss 5 hdebuial ;
A. J. Bean, the head blacksmith
at the Derbec mine, who was burned
dentally bringing one of bis arms in
contact‘with # barof iron just as H.
from the forge; is recovering slowly.
He will be able te.go te work again
i at al
_CLASSIPICATION OF PUPILS,
‘The pupils of the City Public
Schools assembled yesterday at the:
rooms which they occapied last term.
‘There wera'no less than six bhandred
ose ©
jim the performance ofits-@uties.
Union Brass Band
H. Sweet, bis belper, was taking it .
Fish Josie A.
Garrison A A.
James Prof. E-R.
Kitts J.
Long Worthy,P
Lagrarze N.
McDolar Carrie 2
Moore L. F. : *
Sheldon Mrs,
Soden M.
Wileh J.
. ATS TES CPE OE CTRL AEST E TE .
BORN. we
At Grizzly Hill, on the 1st inst. Pe J,H,
a and wite,ason.
A GRAND PIC-NIO
AND
‘Moonlight Excursion!
WILL BE GIVEN BY THE
—OF—
GRASS VALLEY,
—AT— é
ISMERT’S GROVE,
—ON—
SUNDAY, SEPT. 8, 1878,
Te which a general invitation is
extended te the public.
nts have been made for a Grand,
Pic nic at Ismert’s Grove, on the poore
date, co: at 1 o'clock, P.
and vontinuing until 12 o'clock Aine
DANCING AND
For the entertainment of guests.
At Night the Grove will be beaué *
tifaby MMuminated,
Tene Seen oe
(atte
Will be provided Si ‘Digtiite, sinh
creaimenty will be tarnished by Re
Mare. ismert.
Se Se ee
in
der cf the: Board of Directore, made on the
Seventeenth day of July, 1878, eo many
shar s of each Parcel of stich stock as may
be necessaty will be told at public auc.
tion st the office 6f the Company, Roo. 37
Merchant’s Exchange, San Francisco, on
} Saturday; the st day-of September, 1878;
at the hour of 1-o’clock;P: M., of such dey,
to pay deiinquent Assessments thereon,
togetner with costs of advertising and éx.
-penses of the a
F. A. McGEE. Secretary. ERAT
Office, Room 2 ‘Merchants’ ae :
Building » oan Francisco, Cal.
MASONIC 1 women.
month. Visiting Bretnren in
Zood standing are cordially in.
Nevade Lodge, No. No. 18, F.& A M.
vited.: STATED MEETINGS oN .
JOHN CALDWELL, Master.
the Second Wednesday of each
J. H. Boasoman, Secretary. aplo
DR. J. H. HATCH,
(Fermerly of Nevads City.)
213 ee: sere San Francisco.
LUETE AND BRAND,
T+ lyre K
“and Jewelers,
+ Broad Street, opp. Stumpi'* Hote
‘JAMES COLLEY,
Dealer in
a Pork, iVeal,
JOHNSON & CROSS, _
Attorneysand Counse)ors at Law
. Offlce—Cor. Broad and Pine Sts.
GEO. 8. HUPP,
ttorney and Counselor at Law,
Office—Gor. Broad & Pine Sts.
ee
WALTER D. VINTON
{Successor to EB. M. Preston, )
t
. DEALER 3N
DRUGS
MEDICINES
‘. MINING CHEMICALS,
; : TOILET GOOD!
PR one accnrs tary cox} ound
ed at all hours of the day o: wight
General Insurance Agency.
INCLUDING LIVELPOOL, LONDON
and GLOBE eet IMPERIAL, NORTHERN
W. D. VINTON, Frop’r.”
_CASH-OR NO SALE.
TO TBE PEOPLE OF NEVADA.
ELIEV'NG that business conducted
on @ Furely ;
Sie aue Leaves
zee At tats ate
2 . 6.00 = ‘4
“san cy 745 «
“i200 “ “1ras
qi a re ie ¢
net megan me