Erastus Cornelius Benedict.

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

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go, may be condemned to pay the same; and that the libellant may have such
other and further relief as in law and justice he may be entitled to receive.

BuBB &. Benedict, Proctors for Libellant.

£. BuBB, Advocate.

Southern District of New York, as,

Christopher R. Robert being sworn says — That he is the attorney in fact, and
agent of the libellant, Charles C. Keyser, who resides at Pensacola. That he has
read the foregoing libel, and knows the contents thereof, and that the same is
true, to tiie best of his knowledge, information, and belief. The reason t^iat
tliis affidavit is made by deponent is that libellant is not within this district or
within 100 miles of New York city. Deponent's means of information are let-
ters had from libellant, and an inspection of the bottomry bond.

C. R. ROBEBT.

Subscribed and sworn to this 28th day
of October, 1842, before me,
Geoboe W. Mobton,

U. S. Commissioner.

COPY BOND.

To all men to whom these presents shall come : —

I, William A. Benedict, maHner, and master of the brig Bridgeton, of New
York, of the burthen of 126 Sl-Ooths tons, now at anchor in the Bay of Pensa-
cola, send greeting: Whereas, I, the said William A. Benedict, master of the
aforesaid brig, now in prosecution of a voyage from La Guayra to New York, hav-
ing put into Pensacola Bay for the pui^pose of making repairs and other expenses,
have drawn a bill of exchange of even date with these presents, upon J. R. Ta-
tem, Esquire, of Philadelphia, for the sum of twenty-one hundred and seventy-
nine dollars and eighteen cents, in favor of Charles C. Keyser, Esq., of Pensacola,
in*the Territory of Florida, which amount of said bill of exchange was at my
request, and to fit the said brig for going to sea, advanced and expended by the
said Charles C. Keyser: Now know ye, that I, the said William A. Benedict, for
and in consideration of the premises and of one dollar in hand paid, by these
presents, do bind myself, my heirs, executors, and administrators, and also the
owners of the said brig, to the just and true payment of the said bill of ex-
change, as well as the said brig Bridgeton, the tackle and apparel of the same,
together with the freight now due, and which may become due hereafter to the
owners of the said brig Bridgeton for her present voyage, and also the cargo
now being on board of said brig, and about to be put on board of the same,
pledging and hypothecating all and singular the same to the said Charles C.
Keyser, his heirs, executoi*s, and administrators, for the payment in full of the
said bill of exchange, according to its terms and tenor. And the said William
A. Benedict doth covenant with the said Charles C. Keyser, that I am the mas-
ter of the said brig Bridgeton, and have authority to charge the same, her freight,
and cargo, as aforesaid, and that the same shall at all times be liable and charge-



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PRACTICAL FORMS. 539

able for the payment of the said bill of exchangee until the payment thereof,
according to the true intent and meaning of these presents.

In witness whereof, I have hereto set ray hand and seal to three bonds of this
tenor and date, one of which being satisfied, the others are to be null and void,
at Pensacola, this seventeenth day of September, A. d. 1842.

Wm. Amos Benedict, [l. s.]
Witnesses —

H. F. Ingbaham.
William Lidbbs.



No. 96. — Libel nr bem against a ship by a consignee of goods, on a

BILL OF lading, FOB NOT DELIVEBING THE GOODS IN GOOD OBDEB.

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 Herman Boker, of the city of New York, merchant, against the
Norwegian brig or vessel, called the Aurora, whereof Cord Hjorth was and is
master, her tackle, apparel, and furniture, and all persons intervening for their
interest therein in a cause of contract, civil and maritime, alleges as follows:

First. That some time in the month of Mai'ch, one thousand eight hundred
and forty-seven, Maurice Halting shipped on board said brig, then lying in the
port of Antwerp, in the kingdom of Belgium, and bound to the port of New
York, in good order and well conditioned, to be carried and transported in said
brig to the port of New York, and delivered to the libellant in like good order,
eighty-seven packages of merchandise, for the freight of three and a half dol-
lars per ton of one thousand kilograms, and average accustomed to be paid by
the libellant, the said Maurice Harting receiving therefor, from the said mas-
ter, a bill of lading, a receipt and contract, whereby and wherein the said mas-
ter charged his body and goods, and also the said vessel, her tackle, apparel,
and furniture, for the performance of said contract, a copy of which is hereto
annexed.

Second, That said brig sailed from the said port of Antwerp for the port of
New York, with the said merchandise on board, where she arrived on or about
the twentieth day of May, 1847, and now is; but notwithstanding the libellant
has been at all times ready and willing, and still is ready and willing, to receive
the said merchandise in good order, and on so receiving the same to pay the
freight thereon, yet the said master has not yet delivered the said merchandise
to the libellant in good order and well conditioned; but owing to the careless,
negligent, and improper manner in which the said merchandise was stowed, and
the want of proper care on the part of the said master, his officers and crew,
and persons employed by him or them, and by reason of permitting the pas-
sengers and other persons to throw water and filth on and among the cargo, and
on a false and open deck, the same ran through upon the said cargo and dam-
aged seventeen packages containing cutlery and other hardware, and iron goods,
greatly, whereby the libellant has sustained damage to the amount of twelve
hundred dollars.

Third, That said brig is a foreign vessel, and is taking in cargo, and is about
to leave this poi*t and the United States, and the said master has refused, and
refuses, to pay said damage and to deliver said merchandise in good order, so
that the libellant will be without remedy unless by proceedings against said
vessel, her tackle, apparel, and furniture.



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540 APPENDIX.

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, accoi-dlnji: to
the courae of this court in cases of admiralty and maritime jurisdiction, may
issue against the said master and against the said brig, her tackle, apparel, and
furniture, and that all persons claiming any interest therein may be cited to
appear and answer all and singular the matters aforesaid, and that this Honor-
able Court would be pleased to decree the payment of the damages 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 & Beebb, Proctors.
Benedict, Advocate.

(Verification cls in No. 1.)

(Annex a copy of the bill of lading.)



No. 97. — A LIBEL IN PEBSONAM AGAINST A CONSIGNEE FOB FBEIGHT, ON A

BILL OF LADING.

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 A. F. Jenness, William Chase, and Edward Leavitt, composing
the firm of Jenness, Chase & Co., owners of the bark Ranger, her tackle, ap-
parel, and furniture, against Christopher R. Robert, and Howell L. Williams,
composing the firm of Robert & Williams, of the city of New York, merchants,
in a cause of contract, civil and maritime, alleges as follows:

First. That they were, at the times hereinafter mentioned, and still are, the
owners of the bark Ranger, and that Woodbury Dyer was then the master
thereof.

Second. That some time in the month of May last, the said bark then lying
in the port of Cardenas, and destined on a voyage thence to the port of New
York, A. B. shipped onboard the said vessel twenty hogsheads of sugar, weight
and contents unknown, to be therein carried from the said port of Cardenas to
the port of New York, and there to be delivered, the dangei-s of the seas only
excepted, in like good order as they were received, to the defendants, Robert &
Williams, or to their assigns, he or they paying freight for the same at the i-ate
of four dollars and fifty cents per hogshead, without primage and average ac-
customed. And, accordingly, the said master, at the port of Cardenas, on the
sixteenth day of May, one thousand eight hundred and forty-nine, affirmed to
the usual bills of* lading, and delivered the same to the shippers of said cargo,
a copy of which bills of lading is hereto annexed, marked " Schedule A."

Third. That in the same month said A. B. also shipped on board the said bai*k
for the same voyage, eighty hogsheads of Muscovado sugar and seventy-nine
hogsheads of molasses, on deck, weight and contents unknown, to be likewise
delivered at the port of New York to the respondents, or to their assigns, he
or they paying freight for the same at the rate of four dollars and seventy-five
cents for each hogshead of sugar, and two dollars and fifty cents for each one
hundred and ten gallons, gross custom house gauge of the casks delivered, of
molasses, in New York, without primage and average accustomed. And the



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PRACTICAL FORMS. 541

said master, on the seventeenth day of May, signed the usual bills of lading,
and delivered the same to the shippers, a copy of which is also hereto annexed,
marked " Schedule B."

Fourth, That soon after the said bark, with the said cargo on board, set sail
from Cardenas for New York, and there in due time safely anived, and the said
sugar and molasses wei*e duly delivered to the said Robert & Williams, and
were by them accepted and received.

Fyth, That by reason of the premises, the said Robert & Williams became
bound to pay to these libellants the freight for the said merchandise, which
amounted in the whole to the sum of seven hundred and eighteen dollars and
twenty-seven cents, as is more particularly set forth in the schedule hereto an-
nexed, marked 0.

Sixth, That the said Robert & Williams, notwithstanding they have accepted
and received the said merchandise, and that in like good order and condition as
it was shipped, have refused to pay the freight for the same, althougli often
thereto requested; and there is now due the libellants for the freight on said
merchandise, the sum of seven hundred and eighteen dollars and twenty-seven
cents, with interest.

Seventh, 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 citation 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 Robert & Williams, and that they be cited to
appear and answer upon oath, all and singular the matters aforesaid, and that this
Honorable Court would be pleased to decree payment of the freight afoi'esaid,
with interest and costs, 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.

C. L. Bbnbdict, Proctor for Libellant.
E. C. Benedict, Advocate.
{Verification as in No, 1.)

SCHEDULE A.

Shipped in good order and condition, by on board

the bark called the Ranger, whereof Dyer is master, now lying at the port of

Cardenas and bound for New York, twenty hhds. sugar, with

Union thirty-three thousand two hundred and nineteen pounds nett,

No. 1—20. being marked and numbered as in the margin, and are to be

delivered in the like order and condition at the port of New

York, the dangera of the sea only excepted, unto Messrs. Robert & Williams, or

to their assigns, he or they paying freight for the same, four dollars and fifty

cents per each hhd., without primage and average accustomed. In witness

whereof, the master or purser of the said vessel hath affirmed to four bills of

lading, all of this tenor and date, one of which being accomplished the others

to stand void.

Bated in Cardenas, the 16th day of May, 1849.

WooDBUBY Dyer.

SCHEDULE B.

Sliipped, in good order and well conditioned, by in and

upon the good bark called the Ranger, whereof Woodbury Dyer Is master, foi



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542 APPENDIX.

this present voyage, and now lying in the port of Cardenas and bound for
New York, eighty hhds. of Muscovado sugars, containing one hundred and
eighteen thousand six hundred and twenty-six pounds, nett.

Seventy-nine lilids. of molasses, containing eleven thousand

80 hhds." of three hundred and seventy-four gallons, of which seventy-nine

TO^Uhdaf^"^ hhds. are on deck, being marked and numbered as in tlie mar-

lajses on gin, and to be delivered in the like good order and condition

at the aforesaid port of New York, all and every the dangei*s

and accidents of seas and navigation of whatever nature or kind excepted,

unto Messrs. Robert A Williams, or to their assigns, he or they paying freight

for the said goods, four dollars and seventy-five cents per each hhd. of sugar,

and two dollars and fifty cents per each one hundred and ten gallons, gross

custom house gauge, of the casks delivered of molasses in New York, without

primage and average accustomed. In witness whereof, the master or purser of

the said bark has affirmed to three bills of lading, all of this tenor and date, one

of which being accomplished the others to stand void.

Dated in Cardenas, the 17th May, 1840.

Weight and contents unknown.

WOODBUBY DyEB.
SCHEDULE C.

Messrs. Robebt & Williams,

To Bark Rakoeb, Db.

To Freight from Cardenas,

20 hhds. Sugar at $4 50 $ 90 00

rnion 80 " " 4 75 380 00

^* ^- 70 " Molasses, 10,924 galls, gross gauge

casks, at |2.50 pr. 110 galls. 248 27



$718 27



New York, June 19, 1849.



No. 98.— Libel in personam on a chabter pabty, against the chabtebeb

FOR CHABTEB MONET.

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 Henry M. Allen, master, part owner, and agent of the brig Jose-
phus, of Mattapoi setts, against George Whitaker, of the city of New York, mer-
chant, in a cause of contract, civil and maritime, alleges as follows:

First. That some time in the month of March, one thousand eight hundred
and forty-five, the said brig being then in the port of New York, the said libel-
lant made and concluded with the respondent a charter party (a copy of which
is hereto annexed, and to which the libellant craves leave to i*efer), bearing date
the tenth day of Mai'cli, in the year aforesaid, by which the libellant, for and in
consideration of the covenants and agi*eements, thereinafter mentioned, to be
kept and performed by the said respondent, did covenant and agree on the fi'eight-
ing and chartering of the said brig unto the said respondent for a voyage from
the port of New York, to Antigua, La Guayra, and Puerto Cabello, and back to
New York, on the terms in the said charter party mentioned, that is to say, —



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PRACTICAL FORMS. 643

Ist. Tlie said libellant engaged that the said biig in and during the said voy-
age should be kept tight, staunch, well fitted, tackled, and provided with every
requisite, and with men and provisions for such voyage.

2d. The said libellant engaged that the whole of the said brig (with the excep-
tion of the cabin, and the necessary room for the accommodation of the crew
and the stowage of the sails, cables, and provisions), should be at the sole use
and disposal of the said respondent during the voyage aforesaid. And that no
goods or merchandise whatever should be laden on board otherwise than for the
respondent, or his agent, without his consent, on pain of forfeiture of the amount
of freight agreed upon for the same.

3d. The libellant further engaged to take and receive on board the said brig,
during the aforesaid voyage, all such lawful goods and merchandise as the said
respondent or his agent might think proper to ship.

Second. That, among other things, it was by the said charter party covenanted
and agreed that the said respondent, for and in consideration of the covenants
and agreements to be kept and pei'formed by the said libellant, chartered and
hired the said brig on the terms following, therein mentioned, that is to say, —

1st. The said respondent engaged to provide and furnish to the said brig the
necessary cargoes or ballast for her lading at the several ports aforesaid.

2d. The said respondent further engaged to pay to the said libellant, or his
agent, for the charter or freight of the said brig during the voyage aforesaid, in
the manner therein following, that is to say, —

Five hundred and ten (510) dollars per calendar month for each and every
month, and j)ro rata for any unexpired month, that said vessel might be em-
ployed, payable in current money of the United States, also to pay all the brig's
foreign port charges, lighterage, and pilotage.

The master to have what money he might require in foreign ports for dis-
bursements, and the balance payable on discharge of the cargo in New York.

Third, And the libellant further alleges and propounds, that afterwards, to
wit, on the twentieth day of March, in the year aforesaid, at the said port of New
York, the said brig being then and there tight, staunch, well fitted, tackled, and
provided with every requisite, and with men and provisions necessary for such
a voyage as in said charter party mentioned, the said libellant and R. Gray, mas-
ter of the brig aforesaid, loaded and received on board of the said brig a full
cargo of lawful goods, with which the said master immediately set sail and pro-
ceeded to the port of Antigua, aforesaid, where being afterwards, to wit, on the
third day of April, in the year aforesaid, arrived, the said master then and there
made a delivery of such part of said cargo as was destined for Antigua afore-
said, to the agents or consignees of the said respondent.

Fourth. That the said master afterwards, to wit, on the twelfth day of April,
in the year aforesaid, set sail and proceeded from the said port of Antigua to
the port of La Guayra aforesaid, where being afterwards arrived, to wit, on the
sixteenth day of April, in the year aforesaid, the said master then and there
made a delivery of such part of said cargo as was destined to La Guayra afore-
said, and also took, loaded, and received on board of said brig five hundred bags
of coffee, to be conveyed to New York.

Fifth. That the said master, afterwards, to wit, on the twenty-fifth day of
April, in the year aforesaid, set sail and proceeded from the port of La Guayra,
aforesaid, to the port of Puerto Cabello aforesaid, where being afterwards, to
wit, on the twenty-sixth day of April, in the year aforesaid, amved, the said



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544 APPENDIX.

master then and there made a delivery of the articles and residue of the said
outward cargo, and afterwards, to wit, on the sixth day of May, in the year
aforesaid, at Puerto Cabello aforesaid, took on board the said brig a farther
cargo of lawful goods, with which the said master set sail and proceeded to
the port of New York aforesaid, where he afterwards, to wit, on the twenty-
second day of May, one thousand eight hundred and forty-five, arrived, and
delivered said homeward cargo to the said respondent or his agents at saUd
port

Sixth. That the libellant has always, since the making of the sidd charter
party, well and truly performed and kept all and singular the covenants and
undertakings on his part, according to the said charter party to be performed
and kept, but the said respondent has not well and truly performed and kept
all and singular the covenants and undertakings on his pai*t, according to the
said charter party, to be performed and kept as is hereinafter more particularly
propounded.

Seventh, That on the discharge of the said homeward cargo at the port of
Xew York aforesaid, the sum of one thousand two hundred and forty-one dol-
lars and upwards, for freight, foreign port charges, lighterage, and pilotage
(after deducting dollars received by said master in foreign

ports for disbursements), became and was due and payable from the said re-
spondent to the libellant, according to the said charter party and the agree-
ment of the said respondent, as is alleged in the second article of tliis libel.

Eighth, That the said respondent has paid to the libellant the sum of six
hundred and forty-one dollars on account of the said charter, and no more, and
has not paid a balance of six hundred dollars due thereon from the respondent
to the libellant, on the discharge of the said cargo at the said port of New York,
although often requested thereto, and now utterly neglects and refuses so to
do, to the damage of the said libellant, the full sum of seven hundred and
twenty-five dollars and upwards.

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

Wherefore the libellants pray, that a monition, according to the course of
this Honorable Court in cases of admiralty and maritime jurisdiction, may
issue against the said respondent, and he be cited to appear and answer upon
oath all and singular the matters so articulately propounded, and that this Hon-
orable Court would be pleased to decree the payment of the damages aforesaid,
with costs, and that the libellants may have such other and further relief as in
law and justice they are entitled to receive.

Charles L. Benedict, Proctor for Libellants.
E. C. Benedict, Advocate.
(Verification as in No, 1.)



Xo. 99. — Libel in rem and in personam against a vessel and owner,

ON A charter party FOR THE VIOLATION OP THE CHARTER.

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

States within and for the Southern District of New York.

The libel of William Doughty, of the city of Washington, in the District of
Columbia, against the schooner William Seymour, of New York, her tackle, ap-
parel, and furniture, and against Walter Carpenter, and all peraons lawfully



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PRACTICAL FORMS. 545

intervening for their interest in tlie said schooner, in a cause of contract, civil
and maritime, alleges as follows:

First, That the said Walter Carpenter having, on the sixth day of January,
one thousand eight hundred and forty-one, as master and owner of the schooner
William Seymour, of New York, of the burthen of one hundred and twenty-
seven tons, or thereabouts, then lying in the harbor of New York, chartered
the said vessel unto the libellant, for a voyage from the port of New York, to
such landing or landings in Atachapala Bay, or waters emptying into the same,
as the libellant might designate — there to take on board a full cargo of live
oak timber, and return to the Navy Yard, at Brooklyn, New York, in the port
and harbor of New York, on the following terms, that is to say: First— The
said Walter Carpenter engaged that the said vessel, during said voyage, should
be kept tight, staunch, well fitted, tackled and provided with every requisite,
and with men and provisions necessary for such a voyage. Second — That the
whole of said vessel, with the exception of the cabin and the necessary room
for the accommodation of the crew, and of tlie sails, cables, and provisions,
should be at the sole use and disposal of the libellant during the voyage afore-
said. Third — That he would take and receive on board the said vessel, during
the aforesaid voyage, all such lawful goods and merchandise as the libellant or
his agent might think proper to ship (excepting lime, and all other extra haz-
ardous articles), and a gang of men not exceeding tw^elve in number, and to find
them In good, wholesome provision, one of whom was to have cabin accommo-
dations, and the others to have steerage fare only. And the libellant agreed
with the said Walter Carpenter to charter and hire the said vessel as aforesaid
on the following terms, that is to say: First — The libellant engaged to pr(>-
vide and furnish to the said vessel outward, one hundred barrels more or less



Online LibraryErastus Cornelius BenedictThe American admiralty, its jurisdiction and practice, with practical forms and directions → online text (page 57 of 80)