Page:Federal Reporter, 1st Series, Volume 4.djvu/645

 IN EB FOBSTTe. ■ 631 �properly regarded as consisting of two branclies — one con- nected with the estate and its distribution, where there is anything to distribute, and the other relating to the discharge oî the bankrupt, which is the important object of the petition to the bankrupt court, so far as he is personally concerned. The law, as it was finally amended upon this subject by the act of 1876, declared that at any time after the expiration of six months from the adjudication in bankruptcy, or if no ^ebts have been proved against the bankrupt, or if no assets bave corne to the hands of the assignee, at any time after the expiration of 60 days, and before the final disposition of the <ause, the bankrupt might apply to the court for his dis- charge. �While, in his application to the district court, the bankrupt stated that the costs h ad not been paid, it is now alleged that they have been; and it seems to me it would be rather hard in such a case as this to deprive the bankrupt of the benefit of his application, simply because of the. omission to bring the matter to the attention of the court before the action of the register, upon the application of the assignee on the nine- teenth of July, 1879. Unless the true construction of the law, as amended, deprives the court of the right to proceed and grant the discharge, it ought not to be refused, and I do not think that it necessarily foUows from the language used that the court is deprived of ail power upon the subject simply because the assignes has, in such a case as this, been dis- charged from ail liability, It cannot be considered because of that there has been, in every respect, a final disposition of the cause. On the contrary, it would seem as though, in order to deprive the bankrupt of the right to make his appli- cation for a diseharge, there should have been some action of the court to the effect that the case had been finally dis- posed of. �I shall, therefore, remit the cause to the district court, with instructions to allow the application of the bankrupt for his aischarge, upon being satisfied that ail the costa of the dis- trict and circuit courts bave been paid. ����