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blows applied outside with a hammer; the in- Hudson, Albany, and Hartford. In the spring strument was liable to be bent or broken, and of 1821 he became editor and one of the prothe urethra and bladder to be wounded by it or prietors of the New York “Commercial Adthe fragments of the stone. The instrument vertiser,” which position he retained till his now used is composed of two sliding blades, death. Though possessing decided ability as a introduced in the shape and after the manner political writer, Col. Stone (as he was always of a sound, between which the stone is seized, called) preferred literary pursuits to partisanand then crushed by the gradual pressure of a ship. In 1825 he was appointed by the corposcrew; the fragments may then be washed out ration of New York to write the narrative of by injections or by the urine, large pieces being the “Grand Erie Canal Celebration." His tales again broken by the same or a smaller instru- and sketches published in the annuals were ment. This operation, by variously modified in- subsequently collected in 2 volumes. “Ups struments, is generally preferred to lithotomy, and Downs in the Life of a Distressed Gentleas easier, safer, applicable in a greater variety man" (1836), a satirical work, was very successof cases and at all ages, and quite as effectual. ful. Among his more elaborate works were

STONE, a new S. W. co. of Missouri, bor- "Letters on Masonry and Anti-Masonry” (8vo., dering on Arkansas, intersected by White riv- · New York, 1832); “Border Wars of the er, and drained by its tributary the James; American Revolution" (2 vols. 18mo., 1834); area, about 500 sq. m.; pop. in 1860, 2,401, of “ Matthias and his Impostures” (18mo., 1835); whom 16 were slaves. The surface is broken “ The Life of Joseph Brant” (2 vols. 8vo., and the soil fertile. Capital, Galena. .

Cooperstown, 1838); “Life and Times of Red STONE, FRANK, an English painter, born Jacket” (8vo., New York, 1840); “ The Poetry Aug. 23, 1800, died Nov. 16, 1859. He origi- and History of Wyoming” (16mo., 1841), and nally painted in water colors, and in 1837 be- “Uncas and Miantonomoh" (12mo., 1842). At came à contributor to the exhibitions of the the time of his death he was engaged upon a royal academy. Subsequently for more than 20 life of Sir William Johnson. years he produced many works in genre and STONE BORER, a name given to several history, and on subjects of sentiment and ima- bivalve shells, especially pholas (Linn.) and gination. Some of these are well known by lithodomus (Cuv.), from their power of boring engravings, particularly the companion pieces into the hardest rocks. The pholadida (Gr. entitled “The First Appeal” and “The Last polew, to hide in a hole) are true bivalves, and Appeal,” once very popular. He was elected have 2 accessory plates in the neighhorhood of an associate of the royal academy in 1851. the hinge for the protection of the dorsal mus

STONE, THOMAS, à signer of the declaration cles; they belong to the group siphonophora of independence, born at Pointon Manor, (Gray), or those having long respiratory siCharles co., Md., in 1743, died in Alexandria, phons, united for the greater part of their Va., Oct. 5, 1787. Having studied law, he com- length; they are all burrowing animals, penemenced practice at Frederictown, Md., in 1769, trating the hardest substances. The shells are and in 1771 removed to Charles co. In 1774 usually elongated, gaping at one or both ends, he was by a vote of the provincial deputies and closed by 2 adductor muscles; the foot is added to the Maryland delegation in congress, large and powerful, and the mantle is closed; and in 1775 was rechosen. He strongly favor- they are found in all climates. The typical ed the establishment of an independent gov- genus pholas is often of considerable size, with ernment, although under instruction from the a white, hard, rough, but very brittle shell, Maryland convention to oppose it; but that rendering it an interesting question how it can state receded from its opposition in time to al- perforate a solid rock; the operation in this low its delegates to sign the declaration. He case is supposed to be performed by a rotatory served on several committees, including that motion of the shell offected by the powerful charged to prepare a plan of confederation. foot. The date shell (P. dactylus, Linn.), about Reëlected to congress in 1777, he saw that 2 inches long and 6 or 7 wide, is found along plan accepted, declined another election, and the European coast, mostly in calcareous rocks; became a member of the Maryland legislature, it is eaten along the Mediterranean. The P. where the measure was still opposed. In 1783 candida (Linn.), a much smaller species, is exhe was again elected to congress.

tensively used for bait on the coast of DevonSTONE, WILLIAM LEETE, an American jour- shire. The P. costata (Linn.), a large species nalist and author, born at New Paltz, Ulster from the West Indies, is sold for food in the co., N. Y., April 20, 1792, died at Saratoga markets of Havana. The P. crispata (Linn.), Springs, Aug. 15, 1844. When a child, his fa- much smaller, is found along the coasts of our ther removed to the valley of the Susquehanna. middle and southern states. Many fossil speThe son received from him thorough instruc- cies are known. The family of veneracea, of the tion in Latin and Greek, and at the age of 17 same group, are also stone borers, principally entered a newspaper office at Cooperstown by means of the foot.—Among the asiphonate to learn the printer's trade, and soon began to bivalves, the most remarkable stone borer is write newspaper paragraphs. In 1813 he be- the lithodomus lithophagus (Cuv.); it is comcame the editor of the “Herkimer American," monly found in holes which it has excavated in and subsequently edited political newspapers at calcareous and coral formations; it is the sea ticles;

date shell of the Mediterranean, and is a deli- long. There are several species of the genus; cate article of food. Its perforations have they prefer open and rocky grounds covered served as important indications of the change with furze, and are usually seen singly or in of level of the sea coast in modern times; the pairs hovering about these bushes and from columns of the temple of Serapis at Puteoli are stone to stone, uttering a quick but agreeable perforated by these shells at a considerable chattering song, which has given the above height above the actual level of the sea.--- name to the best known species; the food conAnother bivalve, coming near the clams, gen- sists of worms and insects, the latter being generally considered a stone borer, is saxicava erally seized on the wing in the manner of the (Lam.), which appears under such a variety of flycatchers; the nest is on or near the ground, forms that 2 genera and at least 15 species carefully concealed, and the eggs 6. The stonehave been made of the single representative chat is about 44 inches long; the head, throat, S. rugosa (Lam.); the young symmetrical form and back black, on the latter edged with whitconstitutes the genus hiatella (Bosc). It is ish red ;. sides of neck, upper part of wings, found in almost all parts of the world, largest and rump, white; breast orange brown; lower in tne arctic seas, in crevices of rocks and cor- parts reddish white. It is resident in England, als, assuming very exactly the shape of the but migratory on the continent. A similar but cavity which contains it; it occurs, from low migratory species is the whin-chat (S. rubetra, water mark to the depth of 140 fathoms; it is Bechst.), so named for its partiality for furze or found fossil in the miocene and glacial depos- whin bushes; it is 4 inches long, with the top its. It has been questioned whether saxicava of the head and upper part of the body blackis the excavator of the holes in which it is ish brown, each feather bordered with reddish found, and the subject of the mechanism by and yellow; broad band above eyes, stripe on which the stone borers operate is by no means sides of neck, and large spot on wings and tail, well understood.--The pholas bores into the white; breast rose-colored; 2 middle tail feathhardest stone by means of its rough rasping ers dusky. These 2 species belong to the subshell, but saxicava is smooth, covered with epi- genus pratincola (Koch). Another European dermis, and has a very small foot; accordingly species (S. ænanthe, Bechst.) sometimes stragsome have supposed that a peculiar acid is se- gles into North America from Greenland; it is creted in many cases, capable of acting chemi- called stone-chat by Baird, but is more properly cally on the rocks, and of so softening them styled the wheatear. that the branchial currents wash away the par- STONE LILY, the popular name of the fos

while others have called into play the sil radiated animals of the class of echinoderms thickened anterior margins of the mantle, cov- and order of crinoids, and especially of the ered with silicious grains which act like a rasp. group called encrinites. They have some reThe perforations made in shells by natica seem semblance to petrified lilies in the plates at the more like chemical than mechanical action, base of the body, bearing the arms and their the solvent being most concentrated where it divisions, and supported on a long, jointed stem. is immediately used, and not necessarily acting, The perforated joints of the stem are used in in its otherwise diluted state, on the shell of rosaries, and are known in the north of Engthe animal secreting it; the excavations of land, where they are abundant, as St. Cuthsaxicava are attributed also to the action of the bert's beads. Most of them are fossil forms, brushes of vibratile cilia along the edges of the very numerous during the secondary epoch, mantle. After all the explanations offered, it vast strata of limestone and marble in North is possible that the excavations are only occu- America and Europe being formed by the myrpied, not made, by saxicava; the finding of this iads of their petrified remains. They were atshell, and crepidula, petricola, &c., in cavities tached at the bottom of the sea, the flexible which fit them exactly, may be rather an evi- stems yielding to the force of the waves. The dence of a power of adaptation of their exter- genus pentacrinus is found living in the West nal form to the cavities into which they enter Indies. (See CRINOÏDEA, and ENCRINITE.) than of ability to perforate.--Sea urchins also STONEHENGE, a collection of huge stones may in many instances be called stone borers, on Salisbury plain, Wiltshire, England, about 9 the excavation of their cavities being effected m. N. from Salisbury. Seen from a distance, by the constant action of their spines, and they appear to be merely an irregular mass of perhaps also by the vibratile cilia of their am- stones, but a closer inspection shows them to bulacral tubes and suckers. It is conceivable, have originally constituted a rude architectural if not probable, that the continual action of structure, arranged in two circles and two soft vibratile cilia may excavate holes even in ovals. There are altogether about 140 stones, the hardest rocks.

the smallest estimated to weigh 10 or 12 tons, STONE-CHAT (saxicola rubicola, Bechst.), and the largest 70 tons. They are much weatha dentirostral bird of the warbler family, and er-worn, but in many of them the sharp angles sub-family erythacinæ, or old world robins. and the tenons and mortices by which they The bill is short, with broad gape furnished were joined are well preserved. Most of those with bristles; wings long and rounded, with on the outer circle are standing, and the whole 4th and 5th quills equal and longest; tail short work is surrounded by a circular earth emand broad; tarsi and toes slender, and hind toe bankment 15 feet high, and a trench 30 feet wide and 1,009 feet in circumference, and ap- wounded, and the British 63 killed. The siproached by a straight avenue similarly formed multaneous attack on Verplanck's Point having 594 yards long, divided into two branches at failed, the works on Stony Point were deits outer extremity. There are other earth- stroyed and abandoned on the 18th. works and numerous ancient barrows or burial STOPPAGE IN TRANSITU, in law, the mounds in the neighborhood. In the cen- arresting by the seller of goods on their pastre of the work is a massive slab of fine sage to a distant purchaser who has become sandstone, supposed to have been an altar. insolvent. Though the right to do this origiAmong the ruins have been found the relics of nated with and is still most frequently exerhuman bodies, and of oxen, deer, and other cised in respect to water-borne goods, yet it animals.–Stonehenge has given rise to much is well settled that it applies as well in the speculation and discussion among the learned case of goods carried by land. When and in regard to its origin and purposes. History how the doctrine of stoppage in transitu bethrows no light upon the subject. According came a part of our law cannot be definitely to Geoffrey of Monmouth, it was erected by asserted. As to the time, its introduction was order of Aurelianus Ambrosius, the last British comparatively recent; as to the mode, it may king, in honor of 460 Britons slain by Hengist have been in either of three ways: 1, by adopthe Saxon; but Polydore Vergil argues that it tion from the continental law of that principle was a monument to the memory of that king of the law of sales which considers that the Inigo Jones believed it to have been a Roman right of property (the jus in re) does not pass temple, and Rickman attributes it to the post- to the buyer until he has possession of the Roman period. Dr. Charleton conjectured that goods, so that the seller continues to own the it was built by the Danes during their tempo- goods until they reach the buyer; 2, by suprary possession of Wiltshire. The theory best. posing that the seller had, until the goods sustained by antiquaries and most plausible is reached the buyer, a right to rescind the sale that it was a druidic temple.

for non-payment, provided the buyer became STONINGTON, a town and port of entry in insolvent, and that the act of stoppage in tranNew London co., Conn., at the E. extremity of situ was an exercise of the right. This last Long Island sound, 63 m. E. from New Haven, was at one time rather a favorite view, but the and 50 m. S. S. W. from Providence; pop. in prevailing course of adjudication in the United 1860, 7,740. It is built upon a peninsula near- States is decidedly against it. The third way ly a mile long, and has a commodious harbor is by considering that

the common law doctrine protected by a breakwater. It has a flourish- of the seller's lien for the price on the goods ing coasting trade, and was formerly largely sold so long as he has them in his possession, engaged in whale fishing. On June 30, 1860, continues in force after they have left his posits shipping amounted in the aggregate to session, and until they have reached that of the 19,587 tons, of which 7,305 tons were regis- buyer; or, in other words, that the goods are tered, and 12,282 enrolled and licensed; and considered constructively in the possession of 2,484 tons were engaged in whale fishing, the seller until the buyer has actual possession. 10,063 in the coasting trade, and 1,741 in the Perhaps a combination of the first and third of cod fisheries. There are 3 banks, a savings these ways will best account for the right of bank, a newspaper, 12 churches, and a number stoppage in transitu as it exists in the English of manufactories of various kinds. The New and our own law; that is to say, the rule of the Haven and Stonington railroad connects it with civil or continental law, recommending itself by New Haven and New York, and the Stoning- its reason and justice, established itself in the ton and Providence railroad with Providence law merchant. When, as a part of that system, and Boston.-The town was settled in 1649, it came to the observation of the English courts, and incorporated in 1807. On Aug. 9, 1814, they recognized its reasonableness, and sought it was attacked by the British fleet under Sir to support it by some familiar principle of the Thomas Hardy, and during that and the next English law. This they found in the law of day several attempts were made to land; but lien and in the continued constructive possesthe militia speedily gathered and compelled sion of the seller; and upon this law, and the enemy to retire.

adopting its general principles, they founded STONY POINT, a small rocky promontory the law of stoppage in transitu.-The right exon the right bank of the Hudson river, in Or- ists only between a buyer and a seller. A ange co., N. Y., 42 m. N. from New York, at surety for the price of the goods, bound to pay the entrance of the highlands, and opposite for them if the buyer does not, has not this Verplanck's Point. On both these points forts right; but every one who is substantially a were built by the Americans during the revo- seller has. Thus, one ordered by a foreign lution, which were captured by Sir Henry Clin- correspondent to buy goods for him, and then ton, June 1, 1779, strengthened, and strongly buying them in his own name and on his own garrisoned; but that on Stony Point was re- credit, and sending them as ordered, may stop taken by a bold night attack under Gen. An- them in transitu. So may a principal who thony Wayne, with 550 men, July 16, and the sends goods to his factor, or one who remits garrison of 543 officers and men made prison- money for any particular purpose. The recep

The Americans had 15 killed and 83 tion and negotiation of a bill for the goods does

ers.

not defeat the right, nor does part payment. or by a designated carrier who is not specifiBut goods cannot be stopped when they are cally his agent or servant, the goods remain in sent to pay a precedent and existing debt.-The transitu until they reach that second person. right arises only upon actual insolvency, which Questions of constructive possession arise very however need not be legal or formal bankrupt- frequently in respect to goods in the charge of cy or insolvency. It is enough if the buyer warehousemen. "In general, every warehousecannot pay his debts; and it is enough, too, man is the agent of any party who puts the if the buyer refuses to comply with the spe- goods in his warehouse and can take them out cially agreed terms of the sale, for this is in- at his pleasure; and therefore his possession is solvency so far as the seller is concerned. the possession of such party. This is carried When the goods are stopped, the buyer may, so far, that where a seller had a warehouse, by payment of the price or by tender of secu- and it was part of the bargain of sale that the rity if they were sold on credit, defeat the goods might remain in his warehouse until the stoppage and reclaim the goods. If the seller buyer took them out, without charge, and they stop the goods maliciously, and without actual remained there after the sale under this barbelief of the insolvency on good grounds, he gain, it was held that the actual possession of would doubtless be answerable for any dam- the seller was the constructive possession of ages which the buyer might sustain. The sell- the buyer, and that the seller could not stop or er's right to stop the goods cannot be defeated retain them for the price. On this point it is by any bargain between the consignee and his a material question whether any thing remains assignee, or by any claim or lien or attachment to be done by the seller; if nothing, this goes of any other person. In some cases it may be far to make the warehousing a delivery to the necessary for the seller to discharge the claim buyer. If a seller of goods that are warebefore he can have complete control of the housed delivers an order for them to a buyer, goods, as for example in case of a lien for this alone may not transfer the possession; but freight; but this is not necessary when the at- if the buyer delivers the order to the waretachment is by a creditor of the buyer or con- houseman, this in general transfers the possessignee, because the seller's lien has the prece- sion, and still more so if the warehouseman dence.--Nice questions have arisen in respect enters the same in his books or otherwise acto the transitus. Generally speaking, the cepts the order, so as to be responsible for the goods are in transit when they are not in the goods to the buyer. If the buyer sells to a actual possession either of the buyer or of the third party, to whom the warehouseman certiseller. But the law goes sometimes further fies that the goods are transferred to his acthan this, and inquires into the constructive count, and who thereupon pays the price, the possession; for the goods may be in the actual warehouseman becomes responsible to this possession of the seller, and yet so far con- third party; and if the original seller, though structively in the possession of the buyer that there remained something material to be done the seller cannot retain them; or they may be by him to the goods, justified the warehousein the actual possession of the buyer, but under man in so certifying, he would be held to have such circumstances that the seller's right is not lost his right of stoppage in transitu.--The taken away. It becomes, therefore, very im- effect of the bill of lading upon the right of a portant to ascertain in many instances whether seller to stop the goods in transitu is very imthe transit is or is not complete. A carrier of portant. The law merchant regards the bill goods, by land as well as by sea, acquires a of lading, not as a mere receipt which the carlien on the goods which he carries for the rier gives for the goods, but rather as a munifreight money. The goods are still in transit, ment of title, carrying property with it, and of and may be stopped, so long as the carrier itself a negotiable instrument. This view, in withholds them from the buyer by his lien for its entire breadth, the common law has not yet the freight, and a seller who seeks to stop adopted. It admits, however, that the bill of them then must discharge this lien. In gen- lading is quasi negotiable, and that an indorseeral, whenever a carrier enters into a new ment and delivery of it for value operate as a arrangement with the consignee, by which he symbolic delivery of the goods mentioned in it. agrees to hold the goods as the property of the It results from this doctrine that a consignee, consignee and at his disposal, there is a termi- who sells for value goods to arrive and indorses nation of the transit. Yet all acts in reference over the bill of lading, confers upon the purto such question must be open to explanation chaser a title and property which destroy the by existing circumstances, the general inquiry right of the seller of the goods to stop them in in such case being whether the carrier, ware- transitu. If, however, the party buying from houseman, wharfinger, or other person having the consignee knows that the sale is in fraud actual possession of the goods at the time of of the original seller, it is voidable by that sellthe intended stoppage in transitu, was then er of course; and if he knows that the conacting as the agent of the seller or of the buy- signee is, or is about to become, insolvent, this er; for if of the latter, the transit was termi- knowledge would probably have the same efnated. If the buyer order the goods to be fect. Generally, the purchaser's claims will sent to some other person by any suitable con- defeated, not only by his knowledge or adeveyance without designating any one especially, quate means of knowledge of the consignee's fraud, but by knowledge or notice of any cir- STORK, a wading bird of the heron family, cumstances which rendered the bill of lading sub-family ciconinæ, and genus ciconia (Linn.); not properly assignable. If the bill of lading

If the bill of lading other allied genera are the jabiru and marabe transferred and indorsed by way of pledge bou, described under their own names. In the to secure the consignee's debt, the consignor storks the bill is long, straight, strong, gradudoes not lose entirely his right to stop the ally tapering to a sharp tip; sides compressed; goods, but holds it subject to the rights of the wings long and ample, the 3d and 4th quills pledgee. That is, he may enforce his claim to the longest and equal; tail short and broad; hold the surplus of the goods after the pledgee's tarsi long and scaled; toes short and stout, claim is satisfied; and he holds this surplus to webbed to the 1st joint; hind toe elevated, secure the debt of the consignee to him. But partly resting on the ground. They are large the pledgee's claim, which the consignor is birds, most abundant in warm countries, and thus bound to recognize, would not be for a performing periodical migrations to and from general balance of account, but only for the the marshy regions of Europe, Asia, and Afrispecific advances made upon the security of ca; like vultures and other carrion feeders, that particular bill of lading; and therefore, they eat almost any kind of garbage that comes by paying or tendering that amount, the con- in their way, and are hence valuable scavensignor acquires the right of retaking all the gers in hot climates; they seek their food on goods. The insolvency of the buyer, however the borders of streams; the body is light and complete or however manifested, will not op- well balanced; during flight the head is thrown erate of itself as a stoppage in transitu. The back and the legs extended; the space round goods must be actually stopped, in some way the orbits is destitute of feathers, and in some which the law recognizes as adequate, by the the whole face and throat are naked. There seller or his authorized agent. An actual tak- are about a dozen species, of which the best ing possession by the seller is however not known is the white stork (C. alba, Briss.); it necessary, at least not in all cases, although is 3] feet long, the bill 7 inches; the general actual possession should be taken if possible, color is white, with the quills and wing coverts and as soon as possible. Yet a constructive black, and bill and feet red; around the eyes possession may suffice for the seller. This is a bald blackish circle; it is the cigogne of the usually and properly acquired by giving notice French. They arrive in N. Europe, especially to the carrier of the title and purpose of the in Holland and Germany, in the spring, returnseller, forbidding him to deliver the goods to ing in the autumn to Africa by night and in the buyer, and requiring him to give them up large flocks; the only noise they make is by to the seller or his agent, or to hold them sub- clapping the mandibles together like a pair of ject to his order. This notice should be given castanets; they rest sleeping on one leg, with to the person who has actual possession of the the neck folded and head turned backward on goods. If the carrier, after sufficient notice to the shoulder. The food consists of reptiles, fish, the contrary, actually delivers the goods to the young birds, and insects. The flesh was once buyer, the delivery does not defeat the seller's considered a dainty dish, but is not now eaten; right. He has still a constructive possession, many famous medical preparations were in old and the carrier is responsible to him for all the times made from these birds. The nest is injury he may sustain. Or, if the buyer becomes large, coarsely made of sticks and twigs, placed insolvent, and the goods pass into the posses- on housetops (often in the midst of crowded sion of his assignees, the seller may maintain cities), and is repaired by the males year after an action of trover against them. What the year; the eggs are 3 or 4, white tinged with consignor máy do personally, he may do by his buff, 25 by 2 inches; both sexes incubate, and agent; and if the demand be made by one who the young are hatched in about a month ; the acts as agent, but without authority, a sub- nestlings are tenderly cared for, and are fed sequent adoption and ratification will have the by food regurgitated from the parents' stomeffect of a previous authority, provided this be achs. The flight is very high, and the gait made before the goods are demanded by the slow, with long and measured steps; the disbuyer.

position is gentle, the manner familiar, and the ŠTORACE, STEPHEN, an English composer, docility considerable; they do not propagate of Italian extraction, born in London in 1763, in captivity, and have rather a melancholy died there, March 19, 1796. He received his look. According to the ancient mythology, musical education at the Conservatorio San Antigone, the sister of Priam, was changed Onofrio, Naples, and subsequently visited with into a stork by Juno for having boasted of her his sister Anna, an accomplished singer, some superior beauty ; but the jealous goddess left of the chief cities of Europe. Returning to her with all her virtues and amiable qualities; England in 1787, he was soon after appointed the stork, accordingly, has been considered by composer to Drury Lane, in which capacity he the ancients as the personification of piety, produced the “Haunted Tower,”. “No Song, conjugal and filial love, gratitude, and temno Supper, 1.6The Pirates,” “The Iron Chest, perance; it was supposed to bear a charmed all successfully performed on the stage, and a life, and it was a crime to offer it violence; in number of miscellaneous pieces.

some places it was even an object of worship, STORAX. See BALSAMB.

and in hieroglyphic language is the symbol

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