¶1This petition is denied, because the statute of 15th August, 1876, (19 Stat. 200, c. 304,) gives authority to notaries public to take depositions and do all other acts in relation to taking testimony to be used in the courts of the United States, and to take acknowledgments and affidavits In the same manner and with the same effect as commissioners of the circuit court Rev. St. § 5017, requires the schedule and inventory to be verified by the oath of the petitioner before a district judge, register, or commissioner; and section 5110 says that no discharge shall be granted to a bankrupt if he has willfully sworn falsely in his affidavit annexed to his schedule or inventory; showing, conclusively, that this verification is an affidavit, which is the only point on which a doubt occurs to me. Petition denied.
2 F. Cas. 359
In re Bailey
Decided November 6, 1876
Massachusetts District Court · decided 1876-11-06
<p>Case No. 727.</p> <p>Bankruptcy—Affidavit to Schedule — Powers of Notart.</p> <p>[Though Bev. St. § 5017, requires the schedule of a bankrupt to be verified by oath before a district judge, register, or commissioner, a verification before a notary is sufficient, under Act Aug. 15, 1876, (19 Stat. 200, c. B04,) empowering notaries to take affidavits in the same manner and with the same effect as commissioners.]</p>
Decided 1876-11-06