Page:Federal Reporter, 1st Series, Volume 5.djvu/734

722 FEDERAL BÇPOBTER. �pose of receiving dividends, the question of the bankrupt's discharge is to be determined by the facts as they existed on the day to show cause ; and that the right to a discharge hav- ing once attached is complete, and net to be defeated hy subsequently filing proofs of debt. �I do not think that the accidentai fact that the second and third meeting of creditors was held, under general order No. 25, on the same day appointed for the creditors to appear and show cause against the discharge, can influence the ques- tion submitted by the register. These meetings were held only for the purposes prescribed in sections 6092 and 5093 of the Eevised Statutes, but for convenience were assigned for the same day as that appointed under section 5109 for the creditors to show cause against the discharge. Section 33 of the original act of 1867, (Eev. St. 5112,) as amended by the act of July 27, 1868, (15 Stat. 228,) required the assent of creditors to be filed in the case at or before the time of the hear- ing of the application for discharge ; and, as it required the as- sent only of the creditors "who shall bave proved their claims," it is manifest that under that section no other creditors could be counted in determining whether the requisite assent had been given, exeept those who had at or before that time proved their claims. Re Borst, 11 N. B. R. 96. And although sec- tion 9 of the act of June 22, 1874, (18 Stat. 180,) does notpre- scribe the time withinwhich the assent must be given with the same particularity, it bas been ruled that there bas been no change of the original act in that respect. Re Derby, 12 N. B. R. 241. �A-gain, by general order 24, a creditor opposing the dis- charge for cause under sections 5110 and 5111 must appear and enter bis opposition on the day when the creditors are required to show cause. This day, then, seems to be the time fixed for the termination of the right of the creditors to make whatever opposition they have to offer. The act can have no otheir meaning. It is for this purpose the creditors are notified, and it bas been held, after careful consideration of ihe cases, that creditors who bave been duly notified and made nn opposition, nre' to be reç^ardel as conseutitig to a diKchiimo. /,V A nfiy,!.!, ! >l N. H. li,. 2'.»(), •2;)8. ����