Erastus Cornelius Benedict.

The American admiralty, its jurisdiction and practice, with practical forms and directions online

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has credits and effects in the hands of Brett & Yose^ of the city of New York.



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PRACTICAL FOKMS. 523

Fifth. That all and singular the premises are true, and within the admiralty
and maritime jurisdiction of the United States and of this Honorable Court.

Wherefore the libellant prays, that a warrant of arrest may issue against the
said Peter S. J. Talbot, and in case he cannot be found, then that his goods and
chattels be attached to the amount sued for; and if sufficient goods and chattels
cannot be found, then that his credits and effects be attached in the hands of
Brett & Vose, garnishees; and that he may be required to answer all the mat-
ters aforesaid; and that this Honorable Court would be pleased to decree the
payment of the amount due to your libellant, as aforesaid, with costs, and that
he may have such other and further relief in the premises as in law and justice
be may be entitled to receive.

BuBB & Benedict, Proctors.

E. BuBB, Advocate.
(Verification as in No. 1.)

SCHEDULE.

(A copy qf the bill qf items.)



No. 79. — Libel ts beh against a steamboat fob bepaibs and whabfaoe.

To tlie Honorable Samuel R. Betts, Judge of the District Court of the United

States for the Southern District of New York.

The libel of Maelzaer Howell, and Joseph E. Coffee, of the city of New York,
manufacturers, and doing business as copartners in the said city under the
name and style of Howell <& Coffee, against the steamboat Fanny, whereof J.
Latson is now or late was master, her tackle, apparel, and furniture, and also
against all persons intervening for their interest therein, in a cause of contract,
civil and maiitime, alleges as follows:

First. The said steamboat or vessel Fanny, of the burthen of about one hun-
dred tons, belonging to the port of New York, and for some time past and now
lying in the port of New York, and b^ing in need of repairs, the said libellants
furnished necessary materials for said steamboat or vessel, and did necessary
work and labor upon the same to make her seaworthy, which said materials,
and work and labor, ai-e particularly mentioned in a schedule hereunto annexed,
that the same materials furnished, and work and labor done and performed by
these libellants, amount to sixty-seven dollars and forty-five cents, and also
said libellants furnished a bei-th for said steamboat to lie at one of the wharves
of the said city of New York, the wharfage whereof amounts to thirty-six dol-
lai-8, and that all of said materials furnished, and work and labor done and
performed upon said steamboat or vessel, and said berth or wharfage were nec-
essary for said steamboat or vessel, and that said work, labor, and wharfage
together amount to $113.45 and are a lien upon said vessel, and that a specifica-
tion of such lien has been duly filed according to the Statute of the State of
New York in the office of the clerk of the city and county of New York.

Second. That the master of said steamboat or vessel, and her owners, have
never yet paid to these libellants said sums of money, or either of them, or any
part thereof, but have hitherto wholly neglected and refused so to do, and said
steamboat is now in the Southern District of New York.

Third. That all and sitigular the premises are true, and within the admiralty
and maritime jurisdiction of the United States and of this Honorable Court.



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624 APPENDIX.

Whereupon these libellants pray, that process Iq due form of law, accoixling
to the course of this Honorable Court in cases of admii*alty and maritime juris-
diction, may issue against the said steamboat Fanny, her tackle, apparel, and
furniture, that all persons claiming any right, title, or interest in the said steam-
boat or vessel, may be cited to appear and answer, on oath, all and singular the
matters aforesaid, and that the said steamboat may be condemned and sold to
pay the demands and claims aforesaid, with interest and costs, and that the
libellant may have such other and further relief as in law and justice he may
be entitled to demand.

D. E. Wheeler, Proctor.
J. Q. MoBTOiT, Advocate.
{Verification as in No, 1.)

8CHBDTJLE.

{A copy of the bill of items.)



Kg. 80.— a LIBEL IN BBM AGAINST THE SHIP AND FREIGHT FOR MONEYS AI>-
VANCED TO PAY REPAIRS.

To the Honorable Samuel R. Betts, Judge of the District Court of the United

States for the Southern District of New York.

The libel of Hiram Benner of Key West, in the territory of Florida, merchant,
against the brig Joseph Gorham, of the port of Charleston, in the State of South
Carolina, now lying in the port of New York (whereof John Williams now is, or
late was, master), her tackle, apparel, furniture, and freight, and also against
all persons lawfully intervening for their interest in the said brig, in a cause of
contract, civil and maritime, alleges as follows:

First That the said brig Joseph Gorham, of tlie burthen of one hundred and
forty-six tons, or thereabouts, is now owned, and was at the time hereinafter
mentioned owned, by some persons resident out of the State of New York, who
are to the libellant unknown, but one of whom, as he is informed and believes,
resides in the State of South Carolina, and the others in the State of Connecti-
cut, and that the said brig belongs to the poi*t of Cliarleston in the said State of
South Carolina.

Second. That the said brig, sometime in the early part of June last, sailed
from the said port of Charleston, bound to the said port of Key West, under the
command of the said John Williams as master. And that in the course of tlie
said voyage, and sometime on or about the twentieth day of Juno last, the said
brig got on shore on the Florida Reef, and suffered great damage. That the
said brig was subsequently got off and carried into Key West, where it was found
that it was necessary that she should undergo a course of thorough and expen-
sive repairs, and be furnished with certain supplies, in order to render her sea-
worthy and fit to go to sea.

Third, That the said John Williams, master as aforesaid, accordingly went on
and repaired said brig, and purchased said supplies, and that the expenses of
such repairs and supplies necessarily amounted to about twenty-one hundred
dollars. That the said master, not having the funds to pay for the said repaii^
and supplies, applied to this libellant at Key West aforesaid, for a loan of part
of the amount, necessary for that purpose. And tliat this libellant accordingly
advanced to the said John Williams, for the use of the said brig, and on her



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PRACTICAL FORMS. 525

credit and that of her said roaster and owners, on the eighth day of July last,
the sum of sixteen hundred and six dollars and seventy-five cents, to be repaid
to this libellant on the arrival of the said brig at New York (to which port she
was destined from Key West aforesaid), and that the sum of sixteen hundred
and six dollars and seventy-five cents was applied by the said John Williams
towards payment of the said repairs and supplies.

Fourth, That shortly after the making of the said advance by this libellant,
the said brig sailed from Key West for the port of New York, where she arrived
some two or three days since. That after her arrival at the said port of New
York, this libellant applied to the said John Williams, master as aforesaid, for
repayment of the said amount so advanced by him as aforesaid, which the said
master declined, on the ground that he was utterly unable so to do. And that
the said brig has now been taken possession of by one of her said owners, who
refuses to recognize the said debt, or make any provision therefor, to the dam-
age of this libellant of the full sum of sixteen hundred and six dollai-s and
seventy-five cents.

Fifth. That the said brig, on her said voyage from Key West to New York,
brought a cargo of freight, the whole or the greater part of which is now on
board of the said brig, and the freight whereof is still uncollected.

Sixth. That all and singular the premises are true, and within the admiralty
and maritime jurisdiction of the United States and of this Honorable Court.

Wherefore the libellant pi-ays that process in due form of law, according to the
course of tliis Honorable Court in causes of admiralty and maritime jurisdiction,
may issue against the said brig, her tackle, apparel, furniture, and freight,
wheresoever the same shall be found, and that all persons claiming any right,
title, or interest therein may be cited to appear and to answer, upon oath, all
and singular the matters aforesaid, and that this Honorable Court would be
pleased to decree the payment of the amount so due to the libellant, with costs,
and that the libellant may have such other and further relief as in law and jus-
tice he may be entitled to receive.

Gbiffin & Havens,

Proctors for Libellant.
George Gkiffin,

Advocate for Libellant.

{Verification as in Form No. 1.)



No. 81. — A LIBEL IN PEBSONAM AGAINST THE 0WNEB8 FOB SUPPLIES OBDEBED
BY THE MASTEB IN A FOBEIGN POBT.

To the Honorable Samuel R. Betts, Judge of the District Court of the United

States for the Southern District of New York.

The libel of Simeon H. Lewis, and John C. Clapp, of Boston, in the State of
Massachusetts, grocers, against Gilbert Hatfield, and James T. Bei-tine, now or
late owners of the brig or vessel called the Gulielma, of New York, in a cause of
contract, civil and maritime, alleges as follows:

First, That at various times during the year eighteen hundred and forty-one,
the said brig Giilielma, then under the command of Richard Smith, and owned
by the said Gilbert Hatfield, and James F. Bertine, was lying at Boston afore-
said, and standing in need of stores, provisions, and other necessaries, to enable



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526 APPENDIX.

her to perform her intended voyage or voyages, and the libellants, at the request
of the said roaster of the said brig, did furnish to and for the use of the said bri^t
provisions, stores, and other necessaries, to enable said brig to perform her said
intended voyage or voyages, to the amount of four hundred and twenty-five
dollai*s and five cents, which said bill is hereunto annexed, signed, and approved
by the said master; and the said provisions, stores, and other necessaries were
fui-nished on the credit of the said brig, and the master and owners thereof.

Second. That the libellants have repeatedly requested tlie said master and
tiie said owners to pay them the said sum of money so due tlie libellants, for
the provisions, stores, and other necessaries so fuminhed as aforesaid, but that
the said master and owners have hitherto neglected and refused to pay the same,
and still neglect and refuse so to do. And that the sum of one hundred and
sixty-nine dollars and five cents, with the interest, is still due to the libellant
over and above all payments and deductions.

Third, That all and singular the premises are true, and within the admiralty
and maritime jurisdiction of the United States and of this Honorable Court.

Wherefore the libellants pray that process in due form of law, according to
the coui*se of this Honorable Court in causes of admii*alty and maritime juHs-
diction, may issue against the said Gilbert Hatfield, and James F. Bertine,
owners as aforesaid, and that they may be required to answer, on oath, all and
singular the mattei-s aforesaid, and that this Honorable Court would be pleased
to decree the payment of the amount due as aforesaid, with interest and costs,
and that the libellants may have such other and further relief as in Uw and
justice they are entitled to i*eceive.

BuRB & Benedict, Proctors for Libellant
E. C. Benedict, Advocate.



No. 82. — JUBAT BY AN ATTOBNEY IN FACT.

Southern District of New ForA*, ss.

A. B., of said district, being duly sworn, says that he is the attorney in fact
for the libellants above named, who reside in Boston, and that the foregoing
libel is true, according to his best knowledge and belief. The reason that this
affidavit is made by deponent is that the libellants are not within this district
or within 100 miles of New York city. Deponent^s means of knowledge consist
of letters and telegrams received from the said libellants.

A.B.

Sworn before me,

J. W. Nelson, U. S. Commissioner.

SCHEDULE.

{A copy of the bill of items,)



No. 83. — A LIBEL IN PEB80NAM BY A BUTCHEB AGAINST THE 0WNBB8 OF A
PASSEN6EB BOAT ON THE HUDSON RIVER FOR SUPPLIES OF MEAT FROM DAY
TO DAY.

To the Honorable Samuel R. Betts, Judge of the District Court of the Unitea
States in and for tlie Southern District of New York.

, The libel of James McCur, of the city of New York, butcher, against Ancrara
LivingsUm, and Charles H. Hedges, owners of the steamboat Hudson, in a cause
of contract, civil and maritime, alleges as follows:



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PRACTICAL FORMS* 527

First That during the months of January, February, March, April, May, June,
and July, of the year one thousand eight hundred and forty-six, the said steam-
boat, whereof the said Livingston and Hedges were ownei-s, being a passenger
steamboat, and engaged in making trips on the Hudson river, to and from the
ports of New York and Hudson, this libellant did furnish meats from time to
time to said steamboat, at the request of the master thereof, a full account of
which is contained in the schedule hereunto annexed, amounting in the whole to
the sum of one hundred and eighty -eight dollai-s and fifteen cents, over and
above all credits.

Second. That the said meats were fui*ni8hed for the use of said steamboat,
for the daily consumption of her passengers, officers, and crew, and were nec-
essary to enable her properly to make her said trips and earn passage money.

Third, That although often requested, the said ownei*s have not paid the said
amount, nor any part thereof, to this libellant, and that the same is now justly
due him.

Fourth, That all and singular the premises are true, and within the admii-alty
and maritime jurisdiction of the United States and of this Honorable Court

Wherefore the libellant prays that a monition, according to the course of
this Honorable Court, in cases of admiralty and maritime jurisdiction, may
issue against the said defendants, and that they may be required to answer, on
oath, all and singular the matters aforesaid, and that this Honorable Court would
be pleased to decree the payment of the amount so due to tlie libellants, with
costs, and that the libellant may have such other and further relief as in law
and justice he may be entitled to receive.

Burr & Benedict, Proctors.
E. C. Benedict, Advocate.
(Verification as in No, 1.)
schedule.
(Copy bill of items.)



No. 84 — Affidavit to obtain summons.
Brig Lowell, Captain Wm. Lawrence, and Owners,

To Bernard Glancy, Dr.
To wages as second mate, from July 10, 1843, to January 20,

1844, at $20 a'month, $126 66

Credit.
By one month^s advance, ..... $20 00

Cash in Gibraltar, . . . . . . 15 00

Cash in Messina, . . . . . 30 00

Hospital money, 6 months, . . . . 1 20

66 20



Balance due, . . . $60 46

Southern District qf New York, ss,

Bernard Glancy, late mariner on board the brig Lowell, being duly sworn
says — that in July, 1843, he shipped on board the brig Lowell, whereof William
Lawrence was, and still is, master, then lying in the port of New York, as sec-
ond mate [or ordinary seaman, or mate, or cook, as the case may be], at the



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528 APPENDIX.

wages of twenty dollars a month, to perform a voyage to one or more ports in
the Mediterranean, and back to the United States, and signed the usual ship-
ping articles for said voyage, which are retained by the said master. That the
deponent performed said voyage, and in all respects did his duty as such second
mate, till the arrival of said vessel in the port of Palermo, where, without cause,
he was turned ashore from said vessel by the said master, and prevented from
performing the remainder of the voyage. That he returned to the United States
as passenger in another vessel, and said brig Lowell arrived at the port of New
York, on the 20th day of January, instant, where she now is. That there is
now due to him, for his wages on said voyage, a balance of sixty dollars and
upwards, as shown by the above schedule, which is just and true, which balance
the said master has refused to pay.

Bebkabd Glajtct.
Sworn, January 30, 1844,
before me,

George W. Morton, U. S. Commissioner.
lOr Jiistice cf the Peace, or District Judge,
as the case may be.]



No. 85.— Pbelihikabt summons fob seamen's wages.

To the Masters and Owners of the Brig LowelL

I, George W. Morton, United States Commissioner, do hereby summon you to
be and appear before me, at my office, at the United States Courts, in the Fed-
eral Building in the city of New York, on the thirty-first day of January, instant,
at ten o'clock in the forenoon of that day, then and there to show cause, if any
you have, why process of attachment should not issue from the District Court
of this District against the brig Lowell, her tackle, apparel, and furniture, ac-
cording to the course of Admiralty Courts, to answer the claim of Bernard
Glancy, for mariner's wages.

Given under my hand, this thirtieth day of January, in the year of our Lord
one thousand eight hundred and forty-five.

Geo. W. Mobton, U. S. Commissioner.

BuBB & Benedict, Proctors.



No. 86 — Affidavit of sebyice of the summons.

Southern District of New York, ss,

John C. Magrath, of the city of New York, clerk, being duly sworn, says —
That on the thirteentli day of January, instant, he served the summons, of
which the within is a copy, by delivering the same to the master of the brig
Lowell, therein named. [ Or by leaving the same on board the brig Lowell,
within named, with the persons in charge thereof, the master being absent.
Or, by fastening the same in a conspicuous place on the mast of said vessel, no
person being on board in charge thereof.]

J. C. Magbath.
Sworn, January 31, 1844,
before me,

Geo. W. Mobton, U. S. Commissioner.



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PRACTICAL FORMS. 529

No. 87. — Ckbtificate of the magistbatb.

I hereby certify to the Clerk of the District Court for the Southern District
of New York, that there is sufficient cause of complaint whereon to found Ad-
miralty Process agaiDst the brig Lowell, her tackle, apparel, and fumitui*e, to
answer for the wages of Bernard Glancy.

January 31, 1844

Georob W. Morton, U. S. Coramissionen



No. 88.— LiBBL IN BBM FOB SEAHEN'S WAGES, AFTEB PBELIMINABY SUMMONS
BEFORE A MAGISTRATE.

To the Honorable Samuel R. Betts, Judge of the District Court of the United

States for the Southern District of New York.

The libel of Bernard Glancy, mariner, foi^nerly second mate of the brig Low-
ell, whereof William Lawrence then was and is master, against the said brig
Lowell, her tackle, apparel, and furniture, and against all persons lawfully in-
tervening for their interest therein, in a cause of wages, civil and maritime, al-
leges as follows:

First, That some time in the month of July, one thousand eight hundred and
forty-three, the said vessel being in the port of New York, and bound on a voy-
age thence to one or more ports in the Mediterranean Sea, and back to the
United States, the said master, by himself or his agent, did ship and hire the
libellant to serve as second mate on board the said vessel, for the said voyage,
at the wages of twenty dollars per month. Tliat, for the due performance of
the said voyage, the libellant signed shipping articles, which are now in the
possession, or under the control of the said master, and which the libellant
prays may be produced to this Honorable Court, for further certainty in the
premises, and for the benefit of the libellant; and that, in pursuance of the
said agreement, the libellant entered into the service of the said brig, as such
second mate, on or about the tenth day of the month of July, in the year afore-
said.

Second, That the said brig having taken on board a cargo, proceeded there-
with, and with the libellant on board, for the port of Gibraltar, where she safely
arrived, and discharged her cargo, and made freight. That she proceeded thence
to Sardinia with certain specie on board, where she safely arrived; and that she
proceeded thence to Messina, where she safely arrived, and discharged the said
specie, and having taken on board another cargo, she proceeded therewith, and
with tlie libellant on board, for the port of Palermo, where she safely arrived,^
and where slie completed her cargo.

Third. That while the said vessel was lying at Palermo aforesaid, on the tenth
day of December, 1843, the said master unjustly, and without any cause, and
without the consent of the libellant, and against his will, turned him on shore,
and would not permit him to perform the remainder of the voyage, and the said
brig completed said voyage, and arrived at the port of New York, on the twenty-
ninth day of January, 1844, where she now is.

Fourth, That during the whole time the libellant was on board the said brig,
to wit, from the time of his entering on board thereof, to the time of his dis-
charge therefrom, he well and faithfully performed his duty as such second mate,
and was obedient to all lawful commands of the said master, as the master of
the said brig, whereby he became entitled to demand wages for the whole voy-
84



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630 APPENDIX.

age of Baid vessel, till her return to Ihe United States; and at the time of his ar-
rival in New York, there was due to him the sum of sixty dollars and upwards,
over and above all just deductions.

Fifth, That all and singular the premises are true, and within the admiralty
and maritime jurisdiction of the United States and of this Honorable Court.

Wherefore the libellant prays that process in due form of law, according to
the course of this Honorable Court in cases of admiralty and maritime jurisdic-
tion, may issue against the said brig Lowell, her tackle, apparel, and furniture,
and tliat all persons claiming any right or interest therein may be cited to ap-
pear and answer all and singular the mattera aforesaid, and that this Honorable
Court would be pleased to decree the payment of wages aforesaid, with costs,
and that the said vessel may be condemned and sold to pay the same; and that
the libellant may have such other and further relief in the premises, as in law
and justice he may be entitled to receive.

BuBB <fe Benedict, Proctors for Libellant.
BuBR, Advocate.
(Verification as in No, 1.)



No. 89. — Libel in bem by a seaman fob wages when the vessel has left

THE POBT WHEBE HIS VOYAGE ENDED — OB IS ABOUT TO LEAVE — IN WHICH
CASES IMMEDIATE PKOCEBS MAY ISSUE WITHOUT A SUMMONS.

To the Honorable Samuel R. Betts, Judge of the District Court of the United

States for the Southern District of New York.

The libel of John Graham, of said district, late seaman on board the schooner
State Rights, whereof Sylvanus Cumraings now is or lately was master, against
the said schooner, her tackle, apparel, and furnitui*e, and against all persons
lawfully intervening for their interest in said schooner, in a cause of wages, civil
and maritime, alleges as follows:

First, That, some time in the month of January last, said schooner, then lying
in the port of Charleston, and bound on a voyage thence to Murfreesborough, in
North Carolina, and back, the said master, by himself or his agent, hired the
libellant to serve as seaman on board the said vessel, during the said voyage, at
the wages of sixteen dollars per month, by verbal agreement, the libellant hav-
ing signed no shipping articles. That in pui*suance of said agreement, the libel-
lant entered on board and into the sei*vice of the said ship as such seaman, on
or about the twenty-ninth day of the said month of January. ■

Second, That the said schooner having taken on board a cargo, proceeded
therewith, and with the libellant on board, for Murfi-eesborough, where she
safely arrived, and discharged her cargo, and made freight. That having taken
on board another cargo, she proceeded therewith, and with the libellant on board,
for the port of Charleston, where she safely arrived, and discharged her cargo,
and made freight, and her voyage ended.

Third, That at the request of said master, the libellant continued on board the
said schooner, at the wages aforesaid, and the said schooner having taken on
board another cargo, proceeded therewith, and with the libellant on board, for



Online LibraryErastus Cornelius BenedictThe American admiralty, its jurisdiction and practice, with practical forms and directions → online text (page 55 of 80)