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."

INDEX.

or

surance, over $49,000. She was not

ATTACHMENT
surrendered transferred to a
trustee: Held,

See DRAFT.
(1.) The value of the interest of

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

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

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

Sce NATIONAL BANK.
the steamboat in the condition in
which she was immediately after the
disaster, and not her value after she

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

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

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,

72
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

therefor.
wich and New York Transportation

Such application was
Co.

221

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

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

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

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

See CARRIER, 7.
A. Q. claimed to have attached such
dividend by an execution on a judg-

BOND.
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.

0
fore they were accepted by B., K.
delivered to M., the agent of B.,

CARRIER.
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,

77
VOL. XVII.-37

id.