Page:Federal Reporter, 1st Series, Volume 3.djvu/182

 THE CITT OF TAWAB. 175 �postponed to claims in deoree. As the report of the clerk is frequently made upon ex parte applications, and for the pur- j)ose of informing the court not only what claims are in 'decree, but what are in process of enforcement, I think it îwould be inequitable to postpone those which do not happen to be in decree at the time the report is made. When th^ ■order is made for distribution, I think the clerk should disre- gard ail claims not then in decree, although upon special application the court might order a sufficient amount reserved to pay such claim, if it were litigated, or the crediter bas not been guilty of laches in its enforcement. This exception is overruled. �The exception to the libel of Sidney Adams is based upon a different ground, yiz.: that bis libel was not filed until af ter the report of the clerk, classifying the claims, was made. I think this exception is well taken, though I find no authority upon the point. Consulting, bowever, the mere conveniences of practice, there must be a limit within which libels should be filed. The court cannot permit the distribution of pro- ceeds to be forever delayed by the filing of new libels, and the consequent necessity of amending the clerk's report. While it is bis duty to report not only the libels in decree, but those in process of enforcement, I think his report should fix the status of the claims, and the court ought not to be called upon to open and permit other claims to share in the proceeds, unless for very special reasons, requiring a modifi- cation of the rule. I think the report classifying the claims should be based upon the libels actnally upon files when the report is ordered, and the distribution upon those in decree when the order for distribution is made. WhUe I intend to be liberal in allowing creditors to obtain payment from the proceeds, I am also disposed to encourage diligence in the enforcement of claims, and to postpone those who allow a whole season to run without seeking to enforce them, as well as those who are not prompt in coming forward and asserting their rights after proceedings bave been actually commenced. An order will be made in conformity to this opinion. ����