Page:Federal Reporter, 1st Series, Volume 3.djvu/849

 8ea fëdbbal befobtsb. �matter that they can maintain this petition. They do not appear as mere strangers or amici curiœ, suggesting an unlaw- ful or erroneous act or proceeding on the part of the court or its officer, and asking to have it vacated on grounda of public policy, but they appear as parties whose rights are inju- riously affected by the aet of the officer of the court, alleged to be illegal, inadvertent, or done with a fraudulent and mis- chievious purpose as to them. I think the court has power to relieve them if they make out their case. The power was exex-cised in a case similar to the present, in the Matter qf Conant, Bankrupt, (unreported,) and Judge Betts granted the relief here asked to a party occupying a position somewhat similar to that of these petitioners. �2. Nor do I find anything in the act repealing the bankrupt law of 1841 which precludes the court from entertaining this petition. The act contains the proviso that it "shall not affect any case or proceeding commenced before the passage of this act, or any pains, penalties, or forfeitures incurred under the said act ; but every such proceeding may be con- tinued to its final consummation in like manner as if this act had not been passed." It is urged that afterthe discharge of the bankrupt, and the final disposition and distribution of his estate, the proceeding has reached its final consummation, and the power of the court to pasa any order in the case is taken away by this proviso. I think, however, that this pro- viso clearly preserves in fuU force ail the power and authority which, under the bankrupt law of 1841, this court had to act in any case commenced before the passage of the repealing act. FuU force is to be given to aU the language used, and the first clause distinctly provides that the repeal shall not affect any pending case ; and the last clause, giving express authority to continue to final consummation aU such cases, though perhaps unnecessary, was not designed to be restrict- ive of the prior clause. Nor, in a large and proper sense, is a case earried to its final consummation so long as there remains any order, decree, or action for the court, in the proper and usual exercise of its jurisdiction in like cases, to «nter or to take, or any redress or relief to be given to any ����