APPENDIX. I. RULES. Rule of the Circuit Court of the United States 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 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 affiliations, until the said number of two thousand 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 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 nor 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. A ACTION. See MILITARY ORDER, 2. ADMIRALTY. 1. Where, in a suit in rem, in Admiralty, in the District Court, the claimant, after a decree for the libellant, appeals to this Court, and this Court decrees for the libellant for a sum sufficient 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 appeal 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 Orleans, 216 2. Where, in a suit in rem, in Admiralty, in the District Court, the libellant, after a decree dismissing the libel, 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 executed 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., 220 3. Where, in a suit in rem, in Admiralty, in the District Court, the claimant, after a decree for the libellant, appeals to this Court, and this Court decrees for the libellant for a sum not 4. A collision occurred between a steamboat and a schooner, caused by negligence 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 being caused by the collision. She had a cargo, being carried on freight, which was totally lost. None of her pending freight was earned or received. She was raised and repaired. After that she was libelled, in Admiralty, in the District Court, by owners of part of the lost cargo. On a claim to her, she was appraised at $70,000, as her value after being raised and repaired, and she was released on a stipulation for that amount, purporting to be for the benefit of all persons having liens on her for losses by the collision. After decrees for the libellants, her owners petitioned the same District Court, for the benefit of a limitation of liability 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 interest 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 surance, over $49,000. She was not (1.) The value of the interest of (2.) The valuation of $70,000 is (3.) Such measure is the value of (4.) Such value in this case was (5.) After the collision, the value (6.) The proceeds of the fire in- (7.) It was proper for the District Court to restrain the libellants in the AFFREIGHTMENT. See VESSEL. ANSWER. See PRACTICE, 1. APPEAL. See ADMIRALTY, 1 to 3. ASSIGNEE. See PROMISSORY NOTE, 1, 2. ASSIGNMENT. See DRAFT. 221 3. An assignee in bankruptcy brought Crosby, 348 390,) to the relief asked. Harding v. ¦ K. was adjudged a bankrupt, and the 4. The bankrupt is not a necessary id. 5. A. and U. were partners. L. had a (1.) The dividend was not attach- (2.) If the dividend was attachable, (3.) The jurisdiction given to the (4.) The bill shows no ground for (5.) If it did, A. should be a party 402 6. K., having no funds in the hands of 1. (1.) The money baving been placed 2. (2.) The defendants acquired no 1. BILL OF LADING. BOND. 410 By Bonds were executed and issued in Such Act is repugnant to the funda- |