Page:Federal Reporter, 1st Series, Volume 4.djvu/87

 LEECH V. KAT. ���73 ���în baniruptcy or not, or wlietlier he claîms the property in dispute in that capaeity or not, it is competent for the court to order the money to be paid into the registry, or to appoint a receiver of it as in other equity cases. But neither the final decree nor any interloeutory order has made such disposition of the money. It is insisted by the clerk, however, that it is constructively in court because the assignee is distributing it under the orders of the court, or holds it as if paid to him by the court here, and therefore it should be considered as hav- ing been paid by him into the registry and returned to him through it. The final decree shows that this is a misappre- hension of it. Af ter adjudging the property, which was a ware- house, to the assignee, it goes on to say, "to be held and dis- tributed as such, [assets of Sebree & Hobson, the bankrupts,] in bankruptcy, in and by the district court of the United States, through the register before whom said case is pending in bankruptcy." �It is therefore being distributed in the district court, and not this court. But, aside from this, the bankrupt lav/ iivo- vides that the assignee shall deposit the money in his own name as assignee in some bank, and does not contemplate that he shall pay it into the registry. Eevised Statutes, 5069. It can never go there, except by some order of court making that disposition of it, as in ordi-oary cases of litigation, for satisfactory reasons appearing in the suit in which the order is made. In the case of Ex parte Prescott, cited by the clerk,:' there was an order that the marslial deposit the money in bank, subject to the order of the court, and though it was not in the registry, but in the name of the marshal in a bank,. Mr. Justice Story held that it was, in legal intendment, de- posited in court, and allowed the elerk his fees. 2 Gall. 145 ;: 1 Bright, Dig. 274, and note. And so, in The Ave nj, 2 Gall. 308, the same learned judge held that where it was the duty of the marshal to pay a fund into, court, upon a ml^pendente lite, the clerk was entitted to his commissions, althougb if tha sale had beea made on final decree the marshal could him- self distribute it. The case Ex parte Plitt, 2 Wall, Jr. 453, ����
 * * • in the matter of Sebree & Hobson, bankrupts,