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Rule of the Circuit Court of the United Slates for the Southern District of New York, adopted since the publication of the sixteenth volume of these Reports.

NOVEMBER 22d, 1880. The order made by this Court on the twelfth day of September, in the year of our Lord, one thousand eight hundred and seventy-nine, in relation to the drawing of jurors, is hereby amended so as to read as follows :

"In pursuance of the provisions of the Act of the Congress of the United States on the subject of the drawing of jurors, approved June 30th, 1879, Samuel D. Babcock, of the city of New York, is hereby appointed a Commissioner to discharge the duties prescribed by that Act, in this Court; and the said Commissioner and the Clerk of this Court shall, as soon as practicable after the entry of this order, place in a box the names of two thousand persons to serve as grand jurors and as petit jurors in this Court, each on a separate slip of paper, each of which persons shall possess the qualifications prescribed in section 800 of the Revised Statutes of the United States, being the qualifications set forth in sections 1,079, 1,086 and 1,029 of the Code of Civil Procedure of the State of New York, passed June 20, 1876, the said Clerk and the said Commissioner each placing one name in said box alternately, commencing with said Clerk, without reference to party affiliations, until the said number of two thousand names shall have been placed therein. All jurors, grand and petit, to serre in this Court, shall be publicly drawn by the said Clerk from the said box, and from the names so placed therein ; and, at the time of the drawing of any juror, the said box shall contain the names of not less than eight hundred persons, so placed therein. The said Commissioner and the said Clerk shall, from time to time, as may be necessary, place in said box, in manner aforesaid, the names of additional persons, or the same persons, or both, possessing said qualifications, so that the number of said names shall not, when any juror is drawn, be less than eight hundred por more than two thousand. The box shall be locked and retained by the Clerk, and the key shall be kept by the Commissioner. The box shall be provided by the marshal. The Clerk shall post upon the outer door of the Clerk's office notice of the time and place of drawing jurors, at least five days prior to the drawing, except when jurors are summoned during a session of the Court."

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sufficient to allow of an appeal by the
claimant to the Supreme Court, a
summary judgment can be rendered
at once by this Court against the
sureties in the appeal bond executed
on the appeal to this Court.

Blanche Page,




1. Where, in a suit in rem, in Admiral-
ty, in the District Court, the claimant,
after & decree for the libellant, ap.
peals to this Court, and this Court
decrees for the libellant for a sum suffi-
cient to allow of an appeal by the
claimant to the Supreme Court, which
may be a supersedeas, no summary
judgment can be rendered by this
Court against the sureties in the ap-
peal bond executed on the appeal to
this Court, until after the expiration
of ten days after the rendering of the
decree by this Court. The New Or.


On a



2. Where, in a suit in rem, in Admiral.

ty, in the District Court, the libel-
lant, after a decree dismissing the

, appeals to this Court, and this
Court dismisses the libel, and the sum
claimed in the libel is sufficient to
allow of an appeal by the libellant to
the Supreme Court, which may be a
supersedeas, no summary judgment
can be rendered by this Court against
the sureties in the appeal bond exe-
cuted on the appeal to this Court,
until after the expiration of ten days
after the rendering of the decree by
this Court. The Jesse Williamson, Jr.,


4. A collision occurred between a steam-

boat and a schooner, caused by neg.
ligence on the part of the former,
without any design, neglect, privity
or knowledge of her owners. She
immediately took fire, and burned
and sank in deep water, the fire be-
ing caused by the collision. She had
a cargo, being carried on freight,
which was totally lost. None of her
pending freight was earned or re-
ceived. She was raised and repaired.
After that she was libelled, in Admir-
alty, in the District Court, by owners
of part of the lost cargo.
claim to her, she was appraised at
$70,000, as her value after being
raised and repaired, and she was re-
leased a stipulation for that
amount, purporting to be for the ben-
efit of all persons having liens on her
for losses by the collision. After de-
crees for the libellants, her owners
petitioned the same District Court,
for the benefit of a limitation of lia-
bility under the Act of March 3d,
1851, (9 U. S. Stat. at Large, 635.)
That Court appraised her value, as
she lay immediately after the collision
and fire and before she was raised,
at $2,500, and ordered that amount
to be paid into Court. That was the
value of the interest of the petitioners
in her as she was immediately after
the disaster. The value of that inter-
est immediately before the collision
was $70,000. At the time of the
collision she was insured against fire,
and her owners received, on such in-

3. Where, in a suit in rem, in Admiral.

ty, in the District Court, the claim-
ant, after a decree for the libellant,
appeals to this Court, and this Court
decrees for the libellant for a sum not


surance, over $49,000. She was not

surrendered transferred to a
trustee: Held,

(1.) The value of the interest of

the owner of the steamboat, to be
taken, under said Act, is not the value
of her and her freight before the col-

(2.) The valuation of $70,000 is
not to be taken as the measure of the

liability of such owner;
(3.) Such measure is the value of

the steamboat in the condition in
which she was immediately after the
disaster, and not her value after she

was raised and repaired;
(4.) Such value in this case was

1. An amended petition in io voluntary
$2,500, with nothing added for

bankruptcy cannot set forth, as part

of the indebtedness to the petitioning
(6.) After the collision, the value
of the steamboat was not greater

creditor, a promissory note, endorsed
before the fire than after it;

by the debtor, which did not fall due

until after the original petition was
(6.) The proceeds of the fire in.

filed. In re Morse,

surance ought not to be added to the
appraised value of the steamboat;

(7.) It was proper for the District 2. The District Court overruled a de
Court to restrain the libellants in the

murrer to an amended petition in in-
suits in rem from further prosecuting

voluntary bankruptcy, without prej

those suits or suits against the stip-

udice to an application for leave to
ulators for the $70,000. In re Nor-

answer, on showing satisfactory cause

wich and New York Transportation

Such application was


promptly made, with the proposed
answer duly verified, alleging defen-
ces which the debtor was entitled

to try and prove, but the application

was refused: Held, that, in analogy to

the practice laid down in Rule 34 in

equity, it ought to have been granted,





See ADMIRALTY, 1 to 3.

3. An assignee in bankruptcy brought

a suit in equity against the volun-
tary assignee of the bankrupt to set
aside a conveyance made by the bank-
rupt, within ihree months before the
filing of the petition in bankruptcy,
to the defendant, in trust for the ben.
efit of all the creditors of the assignor,
without any preferences: Held, that,
as the direct effect of the conveyance,
if upheld, would be to keep the prop-
erty away from the operation of the
bankruptcy law and from distribution
by the Courts and officers of the Un-
ited States, and to give it and its ad-
ministration to a trustee selected by
the debtor, the plaintiff was entitled,
under $ 5,129 of the Revised Stat-
utes, as amended by the Act of June
22d, 1874, (18 U. 8. Stat. at Large,


See PROMISSORY Note, 1, 2.

Town BOND, 4.



390,) to the relief asked. Harding v.! K. was adjudged a bankrupt, and the

348 defendants became his trustees in

bankruptcy. B. delivered to them
4. The bankrupt is not a necessary such remainder of the funds. The
party to such suit.

id. plaintiffs brought this suit to recover

such sum: Held,
5. A. and U. were partners. L. had a (1.) The money baving been placed

partnership debt against them. A. in the hands of B. expressly to pro-
iransferred his interest in the part- vide for the drafts, and having been
pership assets to C., and V. became claimed by the plaintiffs, while it
his debtor therefor. U. became in was in the hands of B., and before the
solvent and assigne 1 his property to bankruptcy proceedings, the plaint-
M., for the benefit of his creditors. iffs were entitled to it;
Afterwards, l'. was adjudged a bank- (2.) The defendants acquired no
rupt and M. became his assignee in greater right to the money tha. B.
bankruptcy, and, as such, recovered had to it. Seligman v. Wells, 410
the property. L. assigned bis debt
against V. to Q., and Q. and A.
proved their claims against U., in

bankruptcy. M., as assignee, had in
his hands a dividend on the claim of

A. Q. claimed to have attached such
dividend by an execution on a judg-

ment in a State Court against A. G.
afterwards proceeded in the same 1. Bonds were executed and issued in
manner with a debt of his against Canada, by a railway company, for
A. individually. G. then brought

the payment of money and interest
this suit to restrain the application thereon, secured by mortgage. By
of such dividend t) the debt to Q. their terms, they were payable at the
and to have it applied on the debt to city of New York. Subsequently, an
G.: Held,

Act was passed by the Parliament of
(1.) The dividend was not attach-

the Dominion of Canada, authorizing
able on process from a State Court,

the company to issue new bonds, in
and no Court but the Bankruptcy substitution, bearing a lower rate of
Court could order it to be paid to any interest, and declaring that the assent
one but A.;

of the holders of the old bonds should
(2.) If the dividend was attachable,

be deemed to have been given to the
this Court could not, by injunction, substitution. The plaintiff did not,
restrain the proceedings;

in fact, assent, and sued the company
(3.) The jurisdiction given to the

to recover the interest on the old
Circuit Court in bankruptcy matters bonds held by bim: Held, that be was
does not warrant this suit;

entitled to judgment. Gebhard v.
(4.) The bill shows do ground for Canada Southern R. R. Co., 416
equitable relief;

(5.) If it did, A. should be a party 2. Such Act is repugnant to the funda-
to the suit. Gilbert v. Lynch, 402

mental principles of justice.
6. K., having no funds in the hands of

B., drew three drafts on B., and nego-
tiated them to the plaintiffs. Be.

fore they were accepted by B., K.
delivered to M., the agent of B.,

fucils towards meeting the drafts,
which M transmitted to B. B. then 1. A person who ships cargo by a
accepted two of the drafts, and paid barge which he knows must be towet
them, but did not accept the third. to her place of destination, is bound
The remainder of the funds was not by the terms of towage which the
enough to pay the third. The plaint- barge agrees on with the tug which
iffs claimed the funds in the hands of the barge procures to tow her. The
B., while B. had them. Afterwards, W. E. Gladwish,



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