Erastus Cornelius Benedict.

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

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the port of Jericho, in the State of Georgia, where she safely arrived, and dis-
charged cargo, and made freight. That having taken on board a cargo of live
oak, she proceeded therewith, and with the libellant on board, for the port of Nor-
folk, where she safely arrived, and discharged a portion of her cargo, and made



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PKACTICAL FORMS. 631

freight That she proceeded from thence with the residue of her cargo, and the
libellant on board, for the port of Philadelphia, where she safely arrived, and dis-
charged her cargo, and made freight. That having taken on board another cargo,
she proceeded therewith, and with tlie libellant on board, for the port of New
York, where she safely arrived, and the libellant was duly discharged, on the
seventh day of August last, and the said schooner has since made another voyage.

Fourth. That during the whole time he was on board of said vessel to the time
of his discharge therefrom, he well and faithfully performed his duty as such
seaman, and was obedient to all lawful commands of the said master, and the
other officers of the said schooner, and was entitled to be paid his wages, which
were then due, and amounted to the sum of eighty-nine dollars and upwards,
over and above all just deductions.

Fifth. That the said schooner has left the port of delivery, where the said
voyage ended, without paying to the libellant the balance of wages due to him
as aforesaid.

[Or thiSy if it be true : —

F{fth. That the said schooner is about to proceed to sea before the end of ten
days next after the delivery of her cargo or ballast]

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 prays that process in due form of law, according to
the course of courts of admiralty, and of this Honorable Court, in cases of ad-
miralty and maritime jurisdiction, may issue against the said schooner, her
tackle, apparal, and furniture, and that all persons claiming any right, title, or
interest therein may be cited to appear and answer, upon oath, all the matters
aforesaid, and that this Honorable Court will be pleased to decree the payment
of the 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 <& Benedict, Proctors.
BuBB, Advocat/^.
{Verification as in No. 1.)



No. 90.— A LIBEL IN BEM AND IN PERSONAM BY SEVERAL SEAMEN AGAINST A
SHIP, FREIGHT, AND MASTER, FOR WAGES AND SHORT ALLOWANCE OF BREAD.

To the Honomble Samuel R. Betts, Judge of the Distiict Court of the United

States for the Southern District of New York.

The libel of John C. Duffie, Alfred Sandford, Alexander Wilson, Benjamin
Hoffman, Robert Twiss, and Charles McCarthy, of said district, mariners, late
seamen on board the barque Childe Harold, whereof one

Crosby now is, or lately was master, against the said barque, her tackle, appaiel,
and furniture, and the freight due for her cargo, now or lately laden therein;
also, against all persons lawfully intervening for their interest in said vessel,
and against Crosby, master of said vessel, in a cause of wages,

civil and maritime, alleges as follows:

First. That some time in the month of November, one thousand eight hun-
dred and forty-four, the barque Childe Harold, whereof the said Crosby
was master, then lying in tlie port of New York, and bound on a voyage from
the said port of New York, to one or mora ports in South America, and back to



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532 APPENDIX.

a port of discharge io the United States; the said master, by himself or hia
agent, hired the libellants, the said Duffie, Hoffman, Wilson, Sandford, McCarthy,
and Twiss, to serve as seamen, and the libellant Howland, to serve as an ordi-
nary seaman, on board said vessel, for and during the voyage, at and after the
rate of wages of eleven dollars per month to each of the libellants, except the
libellant Howland, who was to receive the wages of seven dollars per month.
That, for the due performance of the said voyage, the libellants signed shipping
articles, which are now in the possession or under the control of the master or
owners of the said vessel, and which the libellants pray may be produced to this
Honorable Court, for further certainty in the premises, and for the benefit of
the libellants. That in purauance of the said agreement, the libellants entered
into the service of the said vessel as such seamen as aforesaid, on or about the
thirteenth day of the month of November, in the year aforesaid.

Second. That the said vessel, having taken on board a cargo, proceeded there-
with, and with the libellants on boai*d, for the port of Callao, where she safely
arrived, and delivered her cargo, and made freight. That the said vessel having
taken ballast on board, proceeded therewith, and with the libellants on board,
for the port of Aquico, where she safely arrived. That having there taken on
board a cai go, she proceeded therewith, and with the libellants on board, for
the port of Arica, where she safely aiTived, and where she took on board some
additional cargo, and proceeded to tlie port of New York^ where she safely ar-
rived on or about the fourth day of October instant, where she now is, and
where, since the arrival of the said vessel, the libellants have all been duly dis-
charged from the service thereof.

Third. That during the voyage from New York to Callao, and for about one
month and a half, the libellants were on a short allowance of good and whole-
some ship bread, the bread which was furnished to the libellants being mouldy,
rotten, and wormy, and unfit to be eaten; and that during all the voyage from
tlie port of Callao to Aquico, and from thence till the return of the vessel to
this port, and for the period of about six months and a half, they were on a
short allowance of good and wholesome ship bread (the bread that was fur-
nished to tlie libellants being of the same description as that furnished for their
use on the passage to Callao), the said master having neglecte'd to put on board
the requisite quantity of provisions for the said voyage, according to the act of
Congress in such case made and provided.

Fourth. That during the whole time the libellants were on board the said
vessel, they well and faithfully perfoi-med their duty as such seamen, as afore-
said, and were obedient to all lawful commands of the said master and the
other officers of the vessel, whereby and by reason of being put on such short .
allowance as aforesaid, they became entitled to demand from the said vessel as
follows: — The libellant Duffie, for his wages and short allowance, the sum of
one hundred and forty-six dollars and upwards, and each of the libellants
Hoffman, Wilson, Sandford, Twiss, and McCarthy, the sum of eighty-eight dol-
lars, and the libellant, Howland, the sum of fifty-six dollars.

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 libellants pray that process in due form of law, according to
the course of this Honorable Court in cases of admiralty and maritime juris-
diction, may issue against the said barque Childe Harold, her tackle, apparel,
and furniture, and her freight aforesaid; and that the said Crosby,



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PKACXICAL FOllMS. 633

master of the said vessel, and all persons having any light, title, or interest in
said barque, her tackle, apparel, and furniture, may be cited to appear and an-
swer all the matters aforesaid, and that this Honorable Court would be pleased
to decree the payment of the wages and damages for short allowance afore-
said, with costs, and that the said vessel may be condemned and sold to pay
the same, and that the libellants may have such other and further relief in the
premises, as in law and justice they may be entitled to receive.

BuKB & Brkedict, Proctors for Libellants.

£. BuBB, Advocate.

{Verification signed by all LibellanU.)



Xo. 91. — Libel m bbm bt the seamen of a Chinese junk fob wages,

EXPENSES, AND PASSAGE MONET HOME.

To the Honorable Samuel R Betts, District Judge of the United States for the

Southern District of New York.

The libel of Hia Sian, Ungti, Lin Chengsi, Koesing Thiane, Ohien Atia, Lim
Akeing, Kho per Le, Lip Hap, Sim Agu, Chien Ten Yeng, Lia Lai, Tan Sam
Seng, Ungtian Yong, Yer Achin, Lim Ale, Gabun Hap, Chen Asn, Chwa Ackun,
Lim tai Cheng, Chia a Soey, Ong a Hiong, Tan a Lak, Chew Ate, Khoto Sun,
Ung Along, Sio a Chiok, Chinese mariners of the province of Canton, in China,
against the Chinese junk Keying, her tackle, apparel, and furniture, and against
all persons intervening for tlieir interest therein, in a cause of wages, civil and
maritime, alleges as follows:

First, That they were shipped as mariners at Whampoa, near Canton, in
China, in a certain vessel called a Chinese junk, bearing the name Keying, now
lying in the port of New York, by one Kellet, who assumed to be the

master thereof^ for a voyage to Batavia or Singapore, for sugar or opitim, and
then to Cliusan, or any other port, but the voyage was to continue only eight
months, after which they were to continue with the ship or not, as they pleased;
and whatever port they went to, they were to be sent back to Canton or Wham-
poa, by the said Kellet, as master of the said vessel, wlio was to pay all their ex-
penses in such foreign ports. That they wei*e so shipped on the fourteenth day
of September last, by a written conti-act, which was retained by said Kellet.

Second. That tliey all then entered on board the said junk, and tlie said junk
sailed from Whampoa with them on board as the crew thereof, and they contin-
ued on board, working as such crew, until they arrived at New York some time
since, and have continued on board of the said junk, as the crew thereof, until
the sixth day of September instant, when they left the same.

Third. That the said vessel did not stop at Batavia, nor Singapore, nor procure
any cargo of sugar or opium, or other cargo, but they were forced to come in
the vessel to this port of New York, and there the voyage appeai*ed to have
been for the purpose of exhibiting the junk, its fixtures and crew, as a curiosity,
and for hire, by which the said Kellet, and those who have been connected with
him, have made large sums of money.

Fourth. That on the voyage they were greatly dissatisfied, and expressed such
dissatisfaction to the said Kellet, when they found that they had passed Java
and Singapore, but were forced by violence and severity, by blows and stripes,
to work the junk on her voyage.



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534



APPENDIX.



Fifth, That since their arrival at New York, they have become anxious to re-
turn home to China, where they have families, and are destitute of all means of
support, and of all means of getting home to China, and are unprovided with
clothing or necessaries for resisting the weather of the cold climate of this
country.

Sixth, That the said junk is now ready for sea, having been lately made ready
for that purpose, and is about proceeding on some voyage on the high seas, to
these libellants unknown, without providing them with the means of returning
home, or of support in the mean time, and they are no longer bound to continue
with the said junk.

Seventh, That the monthly wages which they were to receive were at the fol-
lowing rates: — Hia Siang, eleven dollars; Sim Agu and Ungti, each nine dol-
lars; Ling Chensi, Kho Sing Thiam, Lia Lai, Leina Kung, Kho per Le, Lip
Hap, Chin ten Yeng, Tan Sam Seng, Ungtian Yong, Chein a Tai, each eight
dollars a month ; and Yer a Chin, Lim a Lee, Gobun Hap, Cheva Asa, Chiva
Achan, Lira tai Chong, Tan a Lak, Chia Assey, Ong a Hiong, Cliien Ate, Khote
sun, Ung a Cong, Sio a Chiok, were each to receive six dollars, all which wages
were due to them, to be computed from the time of sailing to the sixth day of
September instant, only deducting three months^ wages in advance paid to eachf
and the further sum of twelve dollars each, since their anival here, which waa
for their expenditure while here; and your libellant, Hia Siang, receiving four
months' advance wages at Whampoa.

Eighth. That they are severally entitled to wages from the time of their ship-
ping and sailing in the said junk to the last mentioned date; and also to money
sufficient to procure a passage back to China, and to support in the meantime,
until they can procure such passage, which will cost between one and two hun-
dred dollars for each man.

Ninth, That all and singular the premises are true, and within the admiralty
and maritime jurisdiction of the United States and of this Honorable Couii;.

Wherefore your libellants pray that process in due form of law, according to
the course of this Honorable Court, in causes of admiralty and maritime juris-
diction may issue against the said vessel the Chinese junk Keying, her tackle,
apparel, and furniture, and that all persons claiming any right in said vessel,
and especially the said Kellet, may be cited to appear and answer this libel,
and all the matters aforesaid, and that the said vessel, her tackle, apparel, and
furniture, may be condemned and sold to pay the amount due to the libellants,
with interest and costs, and that the libellants may have such other and further
relief in the premises, as in law and justice they are entitled to receive.
[Signed]

Chien Atai,
Lim Akeing,
Khoper Le,
Lip Hap,
Sim Agu,
Chien ten Yeng,
Lia Lai,
Tan Sam Seng,
Ung tian Yong,



Ong Ahiong,
Chew Ati,
Khote Sun,
Ung Along,
Sio a Chiok,
Hia Siang,
UngTi,
Liu Cheng Li,
Koesing Thiam,

Sworn Sept. 7th, 1847,
before me,

CUAJiLES W.MOBTON,

U. S. Commissioner.



Yea Achin,
Lim Ale,
Gobun Hap,
Chiva Asn,
Chiva Achan,
Limtai (Jhong,
Tan a La,
Chia Assey.



D. D. LoBD, Proctor.
D. LoBD, Advocate.



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PRACTICAL FORMS. 686

No. 92. — A LIBEL IN REM BY THE PILOT OF A PBOPELLKR ENOAQBD IS TO"W-
INQ ON THE HUDSON BIVKB, THE CHAHPLAIN CANAL, AND LAKE CHAHPLAIN,
FOB WAGES.

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 George Mygatt, of said district, mariner, against the steam pro-
peller Pilot, whereof David Farr now is, or late was, master, her engine, tackle,
apparel, and furniture, and against James W. Low and Francis Dow, owners
of said steam propeller Pilot, and against all persons intervening for their in-
terest in said boat, in a cause of wages, civil and maritime, alleges as follows:

First, That some time in the month of November last, the above-named own-
ers did, by themselves or their agents, hire the libellant to serve as pilot on
board of such steam propeller as the said owners should designate in the line
of propellers running from New York, on the Hudson river, and thence by the
way of the canal and Lake Champrain, to St Johns in Lower Canada, for the
season then next ensuing, at the usual and customary wages, and the wages for
wliich the libellant, in previous years, had served as pilot, being twenty-ftve
dollars per month. That in pursuance of such agreement, the libellant first
entered on board and into the service of the steam propeller Phosnix, one of
said line, as such pilot as aforesaid, on the thirteenth day of April last

Second. That the libellant continued on board said boat Phoenix, as such pilot,
until the tenth day of June following, when by the orders of the said owners,
or their agent, he was transferred on board the steam propeller Pilot, another
of said line, and continued to navigate her as pilot, being engaged in carrying
cargo, and towing boats, and earning freight, between the places, and the river
aforesaid, until the twenty-fifth day of November instant, when the season end-
ed, and the boat was laid up, and the libellant discharged.

Third, That during the whole time the libellant was on board the said steam
propeller Pilot, to wit, from the time of his entering on board thereof to the
time of his discharge therefrom, he well and faithfully performed his duty as
sucli pilot as aforesaid, and was obedient to all lawful commands of the said
master, whereby he became entitled to demand and have of and from the said
boat Pilot and her owners the sum of one hundred and fourteen dollars and
upwards, over and above all just deductions.

Fourth, 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 juris-
diction, may issue against the said steam propeller Pilot, her tackle, apparel,
and furniture, and that the said owners, and all persons intervening for their
interest in said boat, may be cited to appear and answer all the matters afore-
said, and tliat the said vessel may be condemned and sold to pay the wages
aforesaid, and that the libellant may have such other and further relief as in
law and justice he may be entitled to receive.

BuBB <fe Benedict, Proctors.
E. C. Benedict, Advocate.
(Verification as in No. 1.)



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686 APPENDIX.

No. 98. — LiBBL IN PSBSONAM BY A MASTER AGAINST THE OWNER FOR WAGES.

(Vide the Form ante, page 212.)



No. 94. — Libel against owners for pilotage.

To the HoDorable Samuel It. Betts, Judge of the District Court of the United

States for the Southern District of New York.

The libel of Martin Gray, of said district, pilot, against Russel H. Post, Wil-
liam Layton, Noah Stokeley, and Richard P. Williams, now or late owners of
the ship Elizabeth Dennison, in a cause of pilotage, civil and maritime, alleges
as follows:

First, That, some time in the month of July, a. d. 1848, the said ship then
being in tlie port of New York, under command of one Spencer, the said own-
ers by themselves, or their agents, employed the libellant to take the said ves-
sel to sea, from the port of New York, as pilot That accoi-dingly the libelant
went on board said vessel, and took charge of the same, and did pilot her to sea
on or about the twenty-fifth day of July aforesaid.

Second, That the libellant is a regular pilot, and did his duty faithfully and
according to the best of his ability, as the pilot of said vessel, and is entitled
to the regular and lawful fees for such service, which amount to the sum of
thirty dollars and sixty-three cents, which sum the said master has admitted to
be due, and promised to pay from time to time, but which is still due and
unpaid.

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

Wherefore the libellant pi*ays that a monition, in due form of law, ac-
cording to the practice and course of this Honorable Court, in cases of admi-
ralty and maritime jurisdiction, may issue against the said Russel H. Post,
William Layton, Noah Stokely, and Richard P. Williams, and that they may be
cited to appear and answer, upon oath, all and singular the premises aforesaid,
and that this Honorable Coui*t will be pleased to decree the payment of the
amount due to him aforesaid, with interest and costs, and that he may have such
other and further relief as in law and justice he may be entitled to receive.

C. L. Benedict, Proctor.
E. C. Benedict, Advocate.
(Verification ae in No, 1.)



No. 95. — ^LlBEL BY THE HOLDER OF A BOTTOMBY BOND AGAINST SHIP, FREIGHT,

AND CARGO.

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 Charles C. Keyser, of Pensacola, in the Temtory of Florida,
against the brig Bridgeton, (whereof William A. Benedict now is, or lately was,
master and part owner,) her tackle, apparel, and furniture, and against all
persons lawfully intervening for their interest therein, in a cause of bottomry,
civil and maritime, alleges as follows: .

. First, That the said brig Bridgeton, while on a voyage from La Guayra to the
port of New York, during the month of August last, encountered a severe
storm and gale, which injured the said brig, so that they were obliged to bear



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PRACTICAL FORMS. 587

away for Pensaoola, to refit the said brig, and to procure repairs, supplies, and
necessaries to enable the said brig topeiform her intended voyage to New York.
That the said William A. Benedict being a stranger at Pensacola, and being in
want of money to pay for the repairs of said brig and fit her for sea, and fur-
nish her with provisions and other supplies necessary for the prosecution of his
intended voyage, and having no other means of procuring the same, borrowed
from the libellant, with the commission thereon, the sum of two thousand one
hundred and seventy-nine dollars and eighteen cents, upon the bottomry and
hypotliecation of the said brig, cargo, and freight, and that the said sum was
advanced and paid accordingly.

Second, That in consideration of the said advance, and in fulfilment of the
agreement of bottomry and hypothecation as aforesaid, he, the said William A.
Benedict, the master, did, by a certain bond or instrument of bottomry and hy-
pothecation, a copy of which is hereto annexed, bearing date at Pensacola, the
seventeenth day of September, A. d. 1842, by him signed aud duly executed, in
the presence of two credible witnesses, who have subscHbed their names thereto
as witnesses of the due execution thereof, bind the said brig, the tackle, ap-
parel, and furniture, of the same, and also the freight now due and which might
become due hereafter to the owners of the said brig, for her then present
voyage, and also the cargo then on board, and about to be put on board, said
brig, as security for the payment of a certain bill of exchange drawn by tlie
said William A. Benedict, on John R. Tatem, of Philadelphia, payable at sight,
for the said sum of twenty-one hundred and seventy-nine dollars and eighteen
cents, in favor of the said libellant, for the said advance so made, to repair and
refit the said brig as aforesaid; and the said master did further agree in and by
the said bond, that the said brig, her tackle, apparel, and f urnituie, her freight
and cargo, should be at all times liable and chargeable for the payment of the
bill of exchange until the payment thereof.

Third. That the said bill of exchange having been presented in due time to
the said J. R. Tatem, was not accepted nor paid, and was duly protested on the
twentieth day of October instant.

Fourth. That the said sum of twenty-one hundred and seventy -nine dollars
and eighteen cents was so advanced and paid by the libellants to the said master,
for the purpose aforesaid, and was necessary therefor, and that the said bfig
could not have sailed from Pensacola, if the same had not been advanced and
paid as aforesaid; that the said brig, upon being so repaired, proceeded to the
port of New York, where she arrived in the present month of October, to wit,
on the sixteenth day of the same month.

Fifth. That the libellant has not received the aforesaid sum of twenty-one
hundred and seventy-nine dollars and eighteen cents, though the same has been
demanded from the said J. R. Tatem, and the payment thereof frequently re-
quested of the said master, and that the said bill of exchange and the said bot-
tomry and hypothecation remain entirely unsatisfied, to the gieat damage of
the libellant

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 prays that process in due form of law, according to
the course of this Honorable Court in cases of admiralty and maritime juris-
diction may issue against the said brig Bridgeton, her tackle, apparel, and fur-
niture, and her freight and cargo, and that all persons having, or pretending to



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538 APPENDIX.

have, any right, title, or interest therein, may be cited to appear and answer all
and singular the matters aforesaid, and that this Honorable Court would be
pleased to decree the payment of the amount so due, with interest and costs,
and that the said brig, her tackle, apparel, and furniture, and freight and car-



Online LibraryErastus Cornelius BenedictThe American admiralty, its jurisdiction and practice, with practical forms and directions → online text (page 56 of 80)