Page:Federal Reporter, 1st Series, Volume 5.djvu/798

 786 BEDEEAL' EEPORTER. �Iiiie proçeeSings. See J« re Boston, H. e -E; E, R. 6 N. B. E: 209; Fogertj/ i. 'Ginty.i N. B. E. 4&1; In re Derby, 8 N. B. Ei lOGi I think the latter to be the better opinion, and ibat the pïoceeding in this icase is maintainable by the atr taching ereditor, whose lien is divested by the adjudication by the:eixpres8 terma of the law. �Varions grotinds are alleged in the petition,, and were urged in th© .argument at the hesamgi why theiproceedings should be dismissed for want of jurisdiction by the court, but only îone seems to have been urged with confidence by the oounsel for the petitioner, to-wit, that the creditors' petition inbanjî,- ruptcrf, and also the debts: of the petitioning creditors, were verified befoire a notary public, and that the notary failed to affix to the deposition and proofs his notarial seal. It.migkt, perhaps,'be à sufficient ànswer to the -objection to say that the affidavita and proofs were nbt taken until the month of ■July, 1877, and' that the oongress of the United States, on' the fifteenth'of August, 1876, (19 St. at Largej 206,) passed an act authorizing notaries public "to take depositions, and do 'ail othër acts in relation to taking testimony^ to be used in ,iihe courts of - the United States, [and] to take acknowledg- ments iaud affidavits, in the same manner and "with the same -effect as commissioners oï the United States circuit courts oiay now lawfuUy take' or do." The bankrupt law, as orig- inaliy .enacted, pfovided that the petition and inventory, in yoluntary caees, should be verified by' the dath of the peti- tioner, taken eithej! befdre the district judge, or the register, ■or a commisaioner of thei circuit court. It did not, in tenus, a-equire any verification of the. petition in ihvoluntary cases ; but the supreme court, in preparing the; teçffls of proceedings, and in analogy to the provisions of the act in voluntary xîases, required a verification of an involuntary petition by the same ofBc«rs. �The twentieth section of the amendment of June 22, 1874, authorized notaries public ioisike proof of deits against th0 estate of th© bankrupt, stipulating, howevef, that such proof «hould be eertified by the notary and afctested by bis signai ture and officiai seal. The above-rcclted aot of Aiigust 15, ����