Page:The American Cyclopædia (1879) Volume XV.djvu/415

 STOEAX re lost his right of stoppage in transitu. e effect of the bill of lading upon the right a seller to stop the goods in transitu is very important. The law regards the bill of lading, not as a mere receipt which the carrier gives for the goods, but rather as a muniment of title, carrying property with it, and being it- self quasi negotiable. An indorsement and delivery of the bill for value operate as a sym- bolic delivery of the goods mentioned in it. It results from this doctrine that a consignee, who sells for value goods to arrive and indorses over the bill of lading, confers upon the pur- chaser a title and property which destroy the right of the seller of the goods to stop them in transitu. But if the party buying from the consignee knows that the sale is in fraud of the original seller, it is voidable by that seller of course ; and if he knows that the consignee is, or is about to become, insolvent, this knowl- edge would probably have the same effect, as would also knowledge or notice of any circum- stances which rendered the bill of lading not operly assignable. If the bill of lading be insferred and indorsed by way of pledge to ire the consignee's debt, the consignor does >t lose entirely his right to stop the goods, ut holds it subject to the rights of the pledgee ; lat is, he may enforce his claim to hold the irplus of the goods after the pledgee's claim satisfied, and he holds this surplus to secure debt of the consignee to him. The insol- sncy of the buyer, however complete or how- ever manifested, will not operate of itself as a >ppage in transitu. The goods must be ac- lally stopped, in some way which the law rec- lizes as adequate, by the seller or his au- [orized agent. An actual taking possession the seller is not necessary, at least not in 11 cases, although actual possession should be iken if possible, and as soon as possible. A constructive possession may be acquired by iving notice to the carrier or warehouseman, >rbidding him to deliver the goods to the buyer, and requiring him to give them up to """ ) seller or his agent, or to hold them subject his order. Delivery in disregard of this lotice does not defeat the seller's right; he has still a constructive possession, and the car- rier is responsible to him for all the injury he may sustain. Or, if the buyer becomes insol- vent, and the goods pass into the possession of his assignees, the seller may maintain an action of trover against them. What the consignor may do personally, he may do by his agent; and if the demand be made by one who acts as agent, but without authority, a subsequent adoption and ratification will have the effect of a previous authority, provided this be made before the goods are demanded by the buyer. STORAX. See BALSAMS. STOREY, a W. county of Nevada, bounded N". )y Truckee river and S. by the Carson; area, 120 sq. m. ; pop. in 1875, 19,528, of whom 1,341 rere Chinese. The valleys of the rivers con- small tracts of arable land, but the county STOEK 403 derives its importance from the Comstock lode, on Mt. Davidson (7,000 ft. high), the richest silver-bearing lode in the world. According to the census of 1870, there were 19 quartz mines in operation, producing gold and silver to the value of $7,751,331 ; but the production has since very greatly increased. There were 3 manufactories of boots and shoes, 3 of car- riages and wagons, 5 of furniture, 3 of iron castings, 3 of jewelry, 4 of machinery, 3 of saddlery and harness, 4 of tin ware, 8 brewer- ies, and 26 quartz mills. Capital, Virginia. STORK, a wading bird of the heron family, subfamily ciconince, and genus ciconia (Linn.) ; other allied genera are the jabiru and mara- bou, described under their own names. In the storks the bill is long, straight, strong, gradu- ally tapering to a sharp tip ; sides compressed : wings long and ample, the third and fourth quills the longest and equal ; tail short and broad ; tarsi long and scaled ; toes short and stout, webbed to the first joint ; hind toe ele- vated, partly resting on the ground. They are large, most abundant in warm countries, and performing periodical migrations to and from the marshy regions of Europe, Asia, and Afri- ca; like vultures and other carrion feeders, they eat almost any kind of garbage that comes in their way, and are hence valuable scaven- gers in hot climates ; they seek their food on the borders of streams ; the body is light and well balanced ; during flight the head is thrown back and the legs are extended; the space round the orbits is destitute of feathers, and in some the whole face and throat are naked. There are about a dozen species, of which the best known is the white stork ( C. alba, Briss.) ; "White Stork (Ciconia it is 31 ft. long, the bill 7| in. ; the general color is white, with the quills and wing coverts black, and bill and feet red ; around the eyes a bald blackish circle; it is the cigogne of the French. They arrive in N. Europe, especially in Holland and Germany, in the spring, return-