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SEPTEMBER 12th, 1879.

In pursuance of the provisions of the recent Act of the Congress of the United States on the subject of the drawing of jurors, 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 twelve hundred 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 1079, 1080 and 1029 of the Code of Civil Procedure of the State of New York, passed June 2d, 1876, the said Clerk and the said Commissioner each placing one name in said box alternately, commencing with said Clerk, without reference to party affilia tions, until the said number of twelve hundred names shall have been placed therein. All jurors, grand and petit, to serve 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 con. tain the names of not less than eight hundred persons, so placed therein. said Commissioner and the said Clerk shall, from time to time, as may be necessary, place in said box, iu 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 nor more than twelve hundred. 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.

The

Rules of the Circuit Court of the United States for the Northern District of New York, adopted since the publication of the fourteenth volume of these Reports. OCTOBER 15th, 1879.

Harvey D. Talcott, of the city of Utica, Counsellor at Law, is hereby desig nated and appointed a Commissioner for the selection of jurors in and for the Northern District of New York, under the provisions of section 2 of an Act of Congress "making appropriations for certain judicial expenses of the Government for the fiscal year ending June 30th, 1880, and for other purposes," approved June 30th, 1879, with all the powers incident to the office created by said Act.

OCTOBER 15th, 1879.

Suitable boxes will be provided by the Marshal and delivered to the Clerk, for the safe keeping of the names of persons to be selected as eligible to serve as grand and petit jurors. One said box shall be provided and designated for

each of the several counties within the District where stated terms of the Court are required by law to be held. On the first Tuesday of April, 1880, and annually on that day thereafter, the Clerk and the Commissioner of Jurors shall select the names of at least four hundred persons for each of said counties, qualified to serve as grand and petit jurors, residents of the county, selected without reference to party affiliations. Each name shall be written on a separate ballot, with the person's place of residence. The first name shall be selected and deposited in the box by the Clerk, and thereafter the Commissioner and the Clerk shall alternately select and deposit a name in the box, until the required number shall be completed. If, at any time, less than three hundred names remain in the box, the Clerk and the Commissioner shall replenish the quota in the manner aforesaid. The boxes shall be locked and retained by the Clerk, and the key shall be kept by the Commissioner. The names of all persons who may be required to serve as grand or petit jurors at any term of this Court shall be drawn publicly by the Clerk from the box for the county in which the term is to be held, and at the close of such term, the ballots con taining the name of persons who actually served as jurors, or who proved to be ineligible as jurors, shall be destroyed by the Clerk. The Clerk shall post upon the outer door of the Clerk's office notice of the time and place of drawing jurors, at least ten days prior to the drawing, except when jurors are summoned during a session of the Court. All rules inconsistent with this rule are hereby abrogated.

Rules of the Circuit Court of the United States for the Eastern District of New York, adopted since the publication of the fourteenth volume of these Reports. NOVEMBER 22d, 1879.

In pursuance of the provisions of the second section of the Act of Congress of the United States, entitled, "An Act making appropriations for certain judicial expenses of the Government for the fiscal year ending June 30th, 1880, and for other purposes." approved June 30th, 1879, William H. Greene, of the city of Brooklyn, county of Kings, State 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 seven hundred and fifty persons to serve as grand jurors and as petit jurers in this Court, each on a separate slip, each of which persons shall possess the qualifications prescribed in section 800 of the Revised Statutes of the United States, 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 seven hundred and fifty names shall have been placed therein. All jurors, grand and petit, to serve in this Court, shall be publicly drawn 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 three 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 lesa than three hundred.

Rules of the Circuit Court of the United States for the District of Connecticut, not heretofore printed in these Reports.

APRIL TERM, 1877.

In all papers filed, and records and trial copies hereafter made, in this Court, the successive folios shall be enumerated upon the margin.

SEPTEMBER TERM, 1878.

Prior to the trial of the issue upon the merits in any equity cause, each party shall print his own evidence as taken by the examiner, and shall file with the Clerk of the Court five copies of the same. The cost of such printing, not exceeding twenty-five cents per folio, shall be taxable in favor of the prevailing party.

JUNE 30th, 1879.

The names of petit jurors to serve in the Circuit Court of the United States for the District of Connecticut, shall be drawn, from time to time, in pursuance of venires issued for that purpose by the Clerk of the Court, from the jury boxes in the several towns of this State which are designated in such venires, (which boxes are used by the State authorities in selecting petit jurors in the Superior Court of the State), according to and in pursuance of the same system and rules of Court for the issuing of venires, the selection of towns and the drawing and selection of petit jurors, which have heretofore continuously existed in the Circuit Court of the United States for this District.

INDEX.

. A

ACTION.

See AGREEMENT.

FIRE INSURANCE, 1, 2.

ADMIRALTY.

1. A cargo of oats was shipped on a
canal boat lying in Buffalo Creek, a
navigable stream flowing into Lake
Erie, to be carried to New York by
way of the Erie Canal and the Hud-
son River. The master of the boat
signed a bill of lading for the cargo.
While passing through the Erie
Canal, a part of the oats was feloni-
ously abstracted from the cargo, with
the knowledge and assent of the mas-
ter. On the arrival of the boat in
New York, she was libelled by the
consignee, to recover the value of the
oats not delivered. A mortgagee of
the boat intervened, his mortgage
being due, and defended the action,
raising an objection to the jurisdic-
tion, claiming a lien superior to that
of the libellant, and claiming that the
boat was not liable for the felonious
action of the master: Held,

(1.) That the Admiralty had juris-
diction of an action to enforce such
contract, although part of the service
was to be performed on the Erie
Canal;

(2.) That the Admiralty had juris-
diction to enforce such contract
against the boat, although she was
built to navigate the canal and had
no means of locomotion in herself;

(3.) That the lien of the claimant,
under his mortgage, was subordinate
to that of the libellant;

(4.) That the boat was liable for

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1. R., an agent of the Turkish Govern-
ment, came to the United States to
buy fire-arms for that Government.
O., the consul-general for that Gov-
ernment, in New York, procured from
R. orders for W. to make such fire-
arms, and W. agreed to pay O a
commission on the amount of such
orders. W. furnished the fire-arms.
O. then sued W. to recover the
amount of the commission: Held,
that the agreement was void, because
against public policy, and that no
action upon it would lie. Oscanyan
v. Winchester Repeating Arms Co., 79

2. The agreement was a purchase and
sale of the official influence of O. id.

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2. Where, at such a meeting, a creditor
insisted on the presence of the debtor,
but the register decided otherwise,
and it did not appear that informa-
tion was required from the debtor,
nor that the creditor might have
been injuriously affected by his ab-
sence, it was held that the absence of
the debtor was no ground for refus-
ing to confirm the proceedings. id.

3. Where the terms of a composition,
as originally adopted, ratified a vol-
untary assignment previously made
by the debtor under the State law, it
was held that the creditors could, by
a resolution duly passed, under the
statute, at a subsequent meeting,
vary such terms, by providing that
such voluntary assignment should
not be carried out, but that the assets
should be distributed in bankruptcy,
it appearing that no injury could
arise to any creditor from the amend-
ment.

id.

4. After the confirmation of the orig-
inal resolution of composition, a cred-
itor had brought a suit in a State
Court, to compel the voluntary as

8.

A bankrupt is not required, by the
statute, to attend any other meeting,
in composition proceedings, than the
first one.

id.

A decision of the creditors excusing
the bankrupt from attendance, ought
not to be disturbed by the District
Court, unless it appears that wrong
has been done to the minority cred
itors; and, after the District Court
has affirmed the action of the major-
ity, the Circuit Court, on review,
ought not to interfere, except in a
very clear case.

id.

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