Page:Federal Reporter, 1st Series, Volume 10.djvu/291

 .N BB BOYNTON. 279 �fiiglit or mistake^ — not a wilful act; therefore it should not bar a dis- charge, hi re Wyatt, 2 N. B. E. 288 ; In re Smith, 13 N. B. E. 256; In re McVey, 2 N. B. E. 257. �The evidence does not support any omission from the inventory of real estate in Boston, The latter part of this specification charges the omission of certain lands, stocks, and money of great value, but this general allegation is not established by proof. �The third specification alleges fraudulent preferences in paying sundry creditors a few days before bankruptoy, when insolvent and in contemplation of bankvuptcy, and among others J. C. Boynton, a Bon of one of the bankrupts. From the examination of the bankrupts before the register -we find that $604 was paid as wages to workmen several days before the filing of the petition, the sum of $60 in three different amounts at different times to J. 0. Boynton for services, the sum of $300 to their counsel, Thurston, Eipley & Co., and $90 to the clerk of the court. Some of these payments certainly were proper and regular, and so far as any of them may have been improper, there is nothing to show that they were made with any fraudulent intent, but rather through inadvertence or a mistaken sense of duty; consequently the bankrupts Bhouldnot be deprived of their discharge. In re Rosenfeld, 2 N. B. E, 117; In re Sidle, 2 N. B. E. 220; In re Locke, 1 Low. 293; In re Burgess, 3 N. B. E. 196. �Payment of attorneys' fees is not such a preference as will prevent a dischargo. In re Sidle, 2 N. B, E. 221 ; Inre liosenfeld, 2 N. B. E. 116. �The fourth specification, that each of the bankrupts wilf ully swore falsely in omitting large sums of money from their schedules, is an- other general allegation unsupported by pfoof. �The fifth and last specification contains another charge of similar character against Jesse Boynton in omitting from his inventory $5,000 withdrawn from the firm; also other property, comprising sundry shares of different stocks specifically mentioned ; also horses aud carriages. �Boynton admits that he drew from the firm from $10,000 to $12,- 000 during the year 1878, and prior to September Ist, for current family expenses. This may seem a large suin, but the testimony is that he did not expect to go into bankruptoy until within IQ days of the filing of the petition, August 31, 1878, and no proof is offered to show that the money was not actually spent as stated, or to establish fraud or concealment in any form. In re Rosenfeld, 2 N. B. E. 116. It also appears that certain shares of stock were transferred,to hie ��� �