Page:Federal Reporter, 1st Series, Volume 5.djvu/930

 918 PEDBBAL BBPORTEB. �side or the otber as to suoh values. If there bas been any element of uiïfaimess in the sale, such as fraud or collusion, or partiality on the part of the creditors or the assignee, or any misfortune or accident, such as epidemies, floods, or the like, or unnecessary and prolonged delay, whereby the property bas either depreciated in value or been sacriliced at the sale, the fault and loss should fall on the creditors and not the bankrupt. He should not be prejudiced by their mis- management, or their machinations to defeat his discharge by lessening bis assets. But in ail such cases the extraordinary circumstances must appear, and the reason why the sale or collections of the assignee bave fallen short of real values must be stated and proved, so that the court can see that the property bas brought so much less than under a fair and auspicious sale it would have done, that the difference is sub- stantial and controlling on the question of discharge. Mere opinions of witnesses will not do, and cannot prevail over the demonstration of a fair and unobjectionable sale. And the bankrupt must present the facts in his petition for dis- charge, or otherwise in some plenary method, so that issues can be tendered and tried as to the conduct of thô sale and the fact of difference in values. �On the record as it stands I cannot discharge the bank- rupt; but I shall not now refuse his petition, and will again refer it to the register to appoint another day, and see if his creditors will assënt. Their opposition for cause bas been overruled, and I do not see that they are especially objecting- because of a deficienoy Of assets, but they bave not assented, and the record does not show a compliance with the condi- tions of thestatute. The deficiency amounts only to about $15. This bankrupt has had considerable exemptions allowed, and if he will, out of these or otherwise, increase his assets to- the required amount, I shall disobarge him without the assent of his creditors. But I wish it distinctly understood that this case on that point is not "to be drawn into a precedent," for I thiûkit a vicious practioe-to allow the bankrupt to increase hiô: assets for the purposes of a discharge, and very nearly akin to the process of allowing him to purchase a discharge ����