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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."
sufficient to allow of an appeal by the
See MOLITARY ORDER, 2.
1. Where, in a suit in rem, in Admiral-
2. Where, in a suit in rem, in Admiral.
ty, in the District Court, the libel-
, appeals to this Court, and this
4. A collision occurred between a steam-
boat and a schooner, caused by neg.
3. Where, in a suit in rem, in Admiral.
ty, in the District Court, the claim-
surance, over $49,000. She was not
Sce NATIONAL BANK.
1. An amended petition in io voluntary
bankruptcy cannot set forth, as part
of the indebtedness to the petitioning
creditor, a promissory note, endorsed
by the debtor, which did not fall due
until after the original petition was
filed. In re Morse,
(7.) It was proper for the District 2. The District Court overruled a de
murrer to an amended petition in in-
voluntary bankruptcy, without prej
udice to an application for leave to
answer, on showing satisfactory cause
Such application was
promptly made, with the proposed
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 PRACTICE, 1.
See ADMIRALTY, 1 to 3.
3. An assignee in bankruptcy brought
a suit in equity against the volun-
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
id. plaintiffs brought this suit to recover
such sum: Held,
partnership debt against them. A. in the hands of B. expressly to pro-
BILL OF LADING.
See CARRIER, 7.
the payment of money and interest
Act was passed by the Parliament of
the Dominion of Canada, authorizing
the company to issue new bonds, in
of the holders of the old bonds should
be deemed to have been given to the
in fact, assent, and sued the company
to recover the interest on the old
entitled to judgment. Gebhard v.
(5.) If it did, A. should be a party 2. Such Act is repugnant to the funda-
mental principles of justice.
B., drew three drafts on B., and nego-