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juries for the Courts of said State, in said city and county, It is now ordered, that the clerk of this Court and the clerk of the District Court of the United States for this District, make out and file in the office of the clerk of this Court a list of persons to serve as jurors in the Courts of the United States for this District, and that such list be made out in the same manner as, by the laws of the State of New York, the public officers charged with the duty of making out the list of jurors to serve as jurymen in the Courts of said State, in and for said city and county, are required to make out such list. And it is further ordered, that the said clerks, from time to time, correct and revise such list, as they may deem it necessary so to do, to the end that such list may be made and kept, so far as practicable, in conformity with the laws of the State of New York; and it is further ordered, that, from the list so made and filed, grand and petit jurors shall be selected, and shall be drawn by lot, in accordance, so far as practicable, with the laws of the State of New York, by the said clerks, as from time to time the same may be ordered by the Courts of the United States in this District, and a list of the persons so drawn, certified by said clerks, shall be attached to the writ of venire issued to the Marshal for the summoning of such jurors; and it is further ordered, that, as to all matters relating to the selecting, drawing and swearing of jurors for said Courts, the said clerks follow, so far as practicable, the provisions in respect thereto contained in the laws of the State of New York.

And it is further ordered, that the order made by this Court on the 29th day of January, 1851, in regard to the drawing and summoning of jurors, be and the same is hereby vacated.

VI.

Rules of the Circuit Court of the United States for the Northern District of New York, adopted since the publication of the third volume of these Reports.

Rule 9.

JUNE TERM, 1864.

When a fine or penalty is paid into Court, and the whole thereof shall belong to the United States, or one-half thereof shall belong to the Government, aud the other half thereof to any other party, the clerk shall, as soon thereafter as practicable, unless a stated term of the Court shall then be in session, and then as soon as practicable after the end of such term, pay to the proper depository the amount thereof belonging to the United States, and any person claiming any portion of such fine or penalty, as the discoverer or informer, or prosecutor of the offender incurring such fine or penalty, shall, on or before the first day of the next stated term of the Court, file with the clerk of the Court his affidavit, and such other papers as he may think proper, showing his right to a moiety of such fine or penalty; which affidavit and papers shall be presented to the Court by the clerk on the second day of such term.

Rule 10.

In cases under the Act, "to provide Internal Revenue," &c., the persons so claiming shall file, with such affidavit and papers, the written consent of the Col

lector of Internal Revenue for the District in which such fine or penalty was incurred, that a moiety shall be paid to such claimant, or shall show by affidavit that a copy of such affidavit and papers had been served on such Collector at least eight days before the commencement of such term.

OCTOBER TERM, 1864.

Rule 11.

The cases and points, and all other papers furnished to the Court in calendar causes, other than causes for trial before a jury, except the papers sent up from the District Court on appeals in Admiralty cases, shall be printed on white writing paper, with a margin on the outer edge of the leaf not less than two inches wide. The printed page, exclusive of any marginal note or reference, shall be seven inches long and three and a half inches wide. The folios, numDering from the commencement to the end of the papers, shall be printed on the outer margin of the printed page. But the Court, or either judge thereof, may, before the papers are printed, and at least ten days before the time for which the cause is noticed, or is to be noticed, for hearing, by written order, dispense with he printing of papers as aforesaid, a copy of which order shall be served on the attorneys of the parties to the suit interested in such hearing, at least ten days Defore the day appointed for such hearing.

Rule 12.

No cause shall be noticed for trial before the jury, or for hearing, upon pleadings and proofs, or upon a case or bill of exceptions, at the adjourned Term in January, in the city of Albany, without leave of the Court therefor, granted at the previous stated term. But all causes may be noticed for trial or hearing, at the adjourned Circuit, to be held on the third Tuesday in March, in the city of Utica, the same as at the stated term.

MARCH TERM, 1868.

Rule 13.

In order to assimilate the practice of this Court to the practice of the State Court in respect to the noticing of causes for trial, and to allow either party to give notice of and bring on the trial of a cause: It is hereby ordered, that there De added to the General Rule of this Court, adopted in October Term, 1841, (which provides, that, "In cases not provided for by the rules of this Court, the "rules of the District Court for the Northern District of New York, so far as 'the same are in their nature applicable, are to be considered as rules of this "Court,") the following, viz.: And a party defendant or claimant, as well as the opposite party, may notice any issue of fact for trial, and bring on the trial thereof in pursuance of such notice.

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1. Where, in a suit in rem against a
vessel, after she had been discharged
on a stipulation for costs and value,
the latter in $4,000, the amount
claimed in the libel, the libel was
amended by claiming $8,000, and
subsequently a decree was entered in
favor of the libellant, for $7,834.75,
with interest, with a provision that
the stipulators pay into the registry
the amount of the stipulation, and
afterwards the District Court made
an order that the claimant redeliver
the vessel to the marshal, but that, it

being represented that she was be-
yond his control, he pay into the
registry $10,000, part of the pur-
chase money of the vessel on her sale
by him subsequently to her discharge,
and that that be taken as a sufficient
compliance with the order to rede-
liver: Held, on appeal, that the order
for the redelivery of the vessel, or
the payment of the $10,000 into the
registry, was erroneous. The Union,

90

2. The vessel, after being so discharged,
returned into the hands of her owner
subject to all previously existing liens
or charges, the same as before her
seizure, except that on account of
which she was seized; and she was
also subject to any subsequently ac-
cruing liens or charges in the hands
of her owner, or in the hands of any
person to whom she might be trans-
ferred.
id.

3. A redelivery of the vessel would
be one subject to all these existing or
subsequently accruing liens, and also
to the rights of any bona fide pur-
chaser, in case of a sale of her in the
meantime.
id.

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6. Where, in a suit in rem against a
vessel, she was discharged on the
usual stipulation for value, and after-
wards, during the pendency of the
case in this Court, on appeal, the
respective proctors consented in writ-
ing to a return of the vessel into the
custody of the Marshal, and to her
sale by that officer, and she was sold,
and an order was obtained from the
Circuit Judge, directing the clerk to
enter an order according to such
consent: Held, on a motion made to
vacate such order, by a person who
claimed to have an interest in the
vessel, and who was not a party to
the suit, that the Judge had no juris-
diction or power to make the order.
The White Squall,

7.

103

The Court has no power to order
back into the custody of the Marshal
a vessel which has been fairly dis-
charged from arrest on a stipulation.
id.

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11. The real estate of a surety is sub-

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1. A customer, who has dealt with his
vendor in conformity with a usage
known to the customer, in regard to
filling orders for goods, must, if he
sues for a breach of contract by the
vendor in not filling orders, establish
a right superior to that arising out
of such usage, or else he cannot re-
cover, provided he has been treated
fairly, in conformity with such usage.
New England Screw Co. v. Bliven, 97

2.

3.

The meaning of the terms "shirred
or corrugated goods," as used in
certain agreements made between
Charles Goodyear and Horace H.
Day, in 1846, defined. Goodyear v.
Cary,
271

Where certain terms are used in a
grant, which have a well-known gen-
eral meaning, such meaning must, in
the interpretation of such grant, be
given to the terms used, unless it ap-
pears that some other or different
meaning was intended by them. id.

ject to an execution in Admiralty, | 4. If such general meaning appears

the lien of the decree being regu-
lated by the Act of July 4th, 1840,
(5 U. S. Stat. at Large, 393.) The
Kentucky,
448

See APPEAL, 1, 2, 6.

CARRIER, 1, 2, 3.

CHARTER-PARTY.

clearly from the grant itself, extra-
neous evidence will not be resorted
to.
id.

5. It is not to be presumed that a
grantor intends to grant more than
he has a right to grant, or that a
grantee intends to receive, by way of

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made no change as to the mode of
practice in bringing such an appeal.
id.

Where, on a libel in rem, in the Dis
trict Court, against a vessel, on a
bottomry bond for $9,240, that Court
made a provisional decree in favor of
the libellant, for $4,000, with interest
and costs, with liberty to either par
ty, within 20 days, to take an order
of reference to a Commissioner to
ascertain and report the amount of
the sums composing the bottomry
debt, and what portion thereof had
been previously a lien upon the ves-
sel, and, on the coming in of the
report, either party to be at liberty
to move the Court to frame the de-
cree in correspondence therewith,
and the libellant appealed to this
Court from that decree, but no other
steps were taken by either party in
the Court below, subsequently to the
entry of the decree: Held, that the
decree was not a final decree from
which an appeal would lie to this
Court. The Yuba,
314

See CHARTER-PARTY, 3.
DUTIES, 23, 24.
SALVAGE, 5.

APPRAISAL.

See DUTIES, 19, 20, 31.

APPRAISER.

See DUTIES, 10, 36..

ASSIGNMENT.

See PATENTS, 22 to 24, 28 to 30.

ASSUMPSIT.

See PLEADING, 7.

ATTACHMENT.

See INJUNCTION, 1 to 4, 19 to 23.
PRACTICE, 5.

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