Erastus Cornelius Benedict.

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

. (page 62 of 80)
Online LibraryErastus Cornelius BenedictThe American admiralty, its jurisdiction and practice, with practical forms and directions → online text (page 62 of 80)
Font size
QR-code for this ebook


Eleventh, That all and singular the premises are and were true, and within
tlie admiralty and maritime jurisdiction of the United States, and of this Hon-
orable Court.

Wherefore the said attorney prays the usual process of attachment against
said schooner, her tackle, apparel, and furniture, and appurtenances and goods
and effects, and the monition of this Honorable Court, in this behalf to be made,
and tliat all persons interested in the said scliooner, or in her tackle, apparel,
furniture, guns, appurtenances, or the goods and effects found on board thereof,
may be cited to answer the premises, and all due proceedings being had, that
the said schooner, with her tackle, apparel, furniture, guns, appurtenances, and
goods and effects found on board thereof, may, for the causes aforesaid, and
others appearing, be condemned by the definitive sentence and decree of this
Honorable Court, as forfeited to the use of the said United States, according to
the form of the statutes in such case made and provided.

B. F. Butler, U. S. District Attorney.



No. 124. — Libel op infobmation in rem against a steamboat, to becoter

PENALTIES FOR NON-INSPECTION OF BOILERS, ETC.

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 information of J. Prescott Hall, Attorney of the United States
for the said Southern District of New York, who prosecutes for the said United
States in tliis behalf, and being present here in court in his own proper per-
son, in the name and on behalf of the said United States against the steamboat
Harlequin, her tackle, apparel, and furniture, in a cause of seizure, alleges aad
informs as follows :



Digitized by



Google



PRACTICAL FORMS. ' 575

First, That by an act of Congress of the United States of America, approved
on the seventh day of July, in the year one thousand eight hundred and thirty-
eight, entitled " An Act to provide for the better security of the lives of pas-
sengei-s on board of vessels propelled in whole or in part by steam, "it was
among other things provided that it should be the duty of the owners and mas-
ters of steamboats to cause the inspection required by the fourth secticm of
said act, to wit, an inspection of the hull of such steamboats, to be made at
least once in every twelve months; and the examination required by the fifth
section of said act, to wit, an examination of the boilers and machinery of such
steamboats, to be made at least once in every six months.

That after the passage of the said act, to wit, on divers days and times, be-
tween the fiftli day of June, in the year of our Lord one thousand eight hun^
dred and forty-nine, and tbe twentieth day of June, in the year last aforesaid,
a certain vessel being a steamboat called the Harlequin, Uien being owned in
whole or in part by a citizen or citizens of the United States, to the said attor-
ney unknown, was used and employed in the transpoi-tation of passengers, and
did carry passengers on the navigable waters of the said United States, to wit,
from Port Richmond in the State of New York, in the said Southern District of
New York, and Bergen Point in the State of New Jersey, the hull of said steam-
boat not having been inspected pursuant to the provisions of the fourth section
of said act of Congress, at any time within twelve months prior to the said fifth
day of June, or the said twentieth day of June, on any day intervening between
tlie said fifth day of June, and tlie said twentieth day of June, in the year one
thousand eight hundred and forty-nine. By reason whereof, and by virtue of
the said act of Congress, the owner or owners, and master of the said steam-
boat, being a vessel propelled in whole or in part by steam, forfeited and became
liable to pay to the said United States the sum of five hundred dollars, for the
payment of which sum the said steanjboat hath become liable to be seized and
proceeded against summarily by way of libel, and for the recovery of which this
civil and maritime cause is now instituted.

Second. That after the passage of the aforesaid act of Congi'ess, to wit, on di-
vers days and times, between the fifth and twentieth days of June, in the year
of our Lord one thousand eight hundred and forty-nine, a certain vessel being a
steamboat, called the Harlequin, propelled in whole or in pai*t by steam, then
being owned by a certain person or persons to the said attorney unknown, then
and still being a citizen or citizens of the United States, was used and employ-
ed in the transportation of passengers, and did caiTy passengers on the naviga-
ble waters of the United States, that is to say, between Port Richmond in the
State of New York, in the Soutliern District of New York aforesaid, and Bergen
Point in the State of New Jersey; the boilers and machinery of said steamboat
not having been examined pursuant to the provisions of the fifth section of said
act of Congress, at any time within six months prior to the said fifth day of June,
or the said twentieth day of June or any day intervening between the said fifth
day of June, or the said twentieth day of June, in the year one thousand eight
hundred and forty nine. By reason whereof and by virtue of the said act of
Congress, the owner or owners and master of the said steamboat called the
Harlequin, forfeited and became liable to pay to the said United States the fur-
ther sum of five hundred dollars, for the payment of which sum the said steam-
boat hath become liable to be seized and proceeded against summarily by way



Digitized by



Google



576 • APPENDIX.

of libel, and for the recovery of which this civil and maritime cause is now in-
stituted.

Third, That after the passage of the said act, to wit, on the twentieth day of
June, in the year one thousand eight hundred and forty-nine, the owner or own-
ers of a certain vessel being a steamboat, called the Harlequin, propelled in
whole or in part by steam, did transport passengers, in and on board of said
vessel, upon the navigable waters of the said United States, to wit, on waters be-
tween Port Richmond in the State of New York, in the said Southern District
of New York, and Bergen Point in the State of New Jersey, without having first
obtained from the proper officer, to wit, the Collector of Customs for the Port
and District of the city of New York, a license under the laws of tlie United
States, existing at tlie time of the passsge of said act. Tliat by reason of the
premises, and by virtue of tlie said act, the owner or owners of the said steam-
boat forfeited and became liable to pay to the said United States the further
sum of five hundred dollars, for the payment of wliich sum the said steamboat
hath become liable to be proceeded against summarily by way of libel, and for
the recovery of which this civil and maritime cause is instituted.

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

Wherefore the said attorney of the said United States, on behalf of the said
United States, prays the usual process and monition against the said steamboat,
and her tackle, apparel, and furniture, in this behalf to be made, and that all
persons interested in the said steamboat and her tackle, apparel, and furniture
may be cited to answer the premises, and that this Honorable Court may be
pleased to decree for the penalties aforesaid, and that the said steamboat may
be condemned and sold to pay the several penalties aforesaid with costs, and for
such other relief as shall to law and justice appertain.

J. Prescott Hall,

U. S. District Attorney.



No. 125. — A LIBEL OP INFORMATION IN REM AGAINST A VESSEL SEIZED BY A
GOVERNMENT VESSEL FOR BEING ENGAGED IN THE SLAVE TRADE.

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 information of J. Prescott Hall, Attorney of the said United
States for the said Southern District of New York, who prosecutes in this be-
half for the said United States, and being present here in court in his own
proper person, in the name and on behalf of the said United States, against the
brig Susan, her tackle, apparel, and furniture, and against all persons interven-
ing for their interest therein, in a cause of seizure and forfeiture, alleges and
informs as follows :

First. That the brig Perry, a commissioned vessel of the United States of
America, and belonging to the navy thereof, heretofore, to wit, on the fifth day
of February, in tlie year one thousand eight hundred and forty-nine, being un-
der the command of John A. Davis, a lieutenant commanding in the navy of
the United States, did, on the high seas, off the coast of Brazil, that is to say,
about three miles outside of Round Island near Rio de Janeiro, on said coast of
Brazil, seize and take a certain brig or vessel called the Susan, belonging to a



Digitized by



Google



PRACTICAL FORMS. 577

citizen or citizens of the United States, of the burthen of two hundred and
sixty tons or thereabouts; which said brig or vessel was then and there employ-
ed in carrying on trade, business, and traffic in slaves, contrary to the true in-
tent and meaning of the act of Congress of the said United States, approved on
the tenth day of May, in the year of our Lord eighteen hundred, entitled " An
Act in addition to the Act entitled * An Act to prohibit the carrying on the slave
trade from the United States to any foreign place or country,' " and that by
reason of the premises in this article stated, and by force of the fourth section
of the said act of Congress, the said brig Susan, together with her tackle, ap-
parel, and guns, and the goods and effects (other than slaves) found on board
thereof, became and were forfeited.

Second. That the said brig Perry, being commissioned, belonging to the navy,
and commanded as in the preceding article is alleged, did, heretofore, on the
fifth day of February, in the year 1849, on the high seas, and at or about the
point or place in said preceding article mentioned, seize and take the said brig
Susan, which said brig was then and there employed in carrying on trade, busi-
ness, and traffic in slaves, contrary to the true intent and meaning of the act of
Congress of the said United States, approved on the twenty-second day of
March, in the year 1794, entitled " An Act to prohibit the candying on of the
slave trade from the United States to any fO^ign place or country," and that by
reason of the premises in this article stated, and by force of the before men-
tioned fourth section of the said act of Congress, approved on the tenth day of
May, in tlie year 1800, the said brig Susan, together with her tackle, apparel,
and guns, and the goods and effects (other than slaves) found on board thereof,
became and were forfeited.

Third. That on board said brig Susan were found two blacks or mulattoes,
supposed to be, or at and before tlie time of said seizure before alleged to have
been, slaves.

Fourth. That the said brig Susan was heretofore, on or about the eighth day
of July, in the year 1848, by some person or persons, being a citizen or citizens
of the said United States, or resident within the same, to the said attorney un-
known, fitted out within the port of New York in the Southern District of New
York, and caused to sail from and out of said port, for the purpose of carrying
on trade and traffic in slaves, to some foreign country, to the said attorney un-
known, and for the purpose of procuring from some foreign country, to the said
attorney unknown, the inhabitants of that country, to be transpoi*ted to some
other foreign country, to said attorney also unknown, contrary to the provisions
of the first section of the act of Congress of the said United States, approved
on the twenty-second day of March, in the year 1794, entitled ** An Act to pro-
hibit the carrying on the slave trade from the United States to any foreign place
or country."

Fifth. That the said brig Susad, being the property of and owned by a certain
person or certain persons being a citizen or citizens of said United States, or re-
siding therein, was heretofore, to wit, on the fifth day of February, in the year
1849, employed and made use of by some person or persons being a citizen or
citizens of said United States, or residing within the same, to the said attorney
unknown, in the transportation and carrying of slaves from some foreign country
or place, to the said attorney unknown, to some other foreign country or place,
to the said attorney unknown, contrary to the provisions of the first section of
the act of Congress of the said United States, approved on the tenth day of May,

87



Digitized by



Google



578 APPENDIX.

in the year 1800, entitled " An Act in addition to the Act entitled ' An Act to
prohibit the carrying on the slave trade from the United States to any foreign
place or country.' '*

Sixth, That the said brig Susan, being the property of and owned by citi-
zens of the said United States, was heretofore, on the fifth day of February, in
the year 1849, employed and made use of in the transportation and carrying of
slaves, from some foreign country or place to the said attorney unknown, to
some other foreign country or place to the said attorney also unknown, contrary
to the provisions of the said first section of the act of Congress in the preceding
article specified.

Seventh, That the said brig Susan, being the property of and owned by citi-
zens of the said United States, was heretofore, on the fifth day of February, in
the year 1849, employed and made use of in the transpoi-tation and carrying of
slaves from some foreign country or place, to wit, from the coast of Africa, to
some other foreign country or place, to wit, to the Empire of Brazil, and, to
wit, from the Empire of Brazil to the coast of Africa, contrary to the provisions
and the form and effect of the said first section of the said act of Congr^, in
the fifth article of this libel mentioned.

Eighth, That the said brig Susan, together with her tackle, apparel, furniture,
appurtenances, guns, and the goods and effects found on board thereof, having
been so seized as aforesaid, has been sent to the United States for adjudication,
and is now lying within the Southern District of New York and within the juris-
diction of this court.

Ninth, That by reason of all and singular the premises aforesaid, and by force
of the statutes in such case made and provided, the aforementioned brig Susan,
together with her tackle, apparel, furniture, appurtenances, guns, and the said
goods and effects became and are forfeited to the United States.

Tenth, That all and singular the premises aforesaid are and were true, and
within the admiralty and maritime jurisdiction of the United States and of this
Honorable Coui*t.

Wherefore the said attorney prays the usual process of attachment against the
said brig, her tackle, apparel, furniture, appurtenances, and guns, and the goods
and effects on board of her, and the monition of this Honorable Court in this
behalf to be made, and that all persons interested in the before mentioned brig,
her tackle, apparel, furniture, appurtenances, guns, and the said goods and effects
found on board thereof, may be cited to answer the premises, and all due pro-
ceedings being had tliereon, that the said brig, her tackle, apparel, furniture,
appurtenances, guns, and the goods and effects found on board thereof, may,
for the causes aforesaid, and othei*s appearing, be condemned by the definitive
sentence and deci*ee of this Honorable Court as forfeited to the United States,
according to the form of the statutes of said United States in such case made
and provided, and that the said brig, her tackle, apparel, furniture, appurte-
nances, guns, and the goods and effects found on board thereof, may be sold and
the proceeds thereof distributed and disposed of according to law.

J. PRESCOTT Hall,
United States District Attorney.



No. 126. — Libel ix persoitam by a charterer on a verbal charter.

To the Honorable Samuel R. Betts, Judge of the District Court of the United
States for the Southern District of New York.
The libel and complaint of William Quirk, of Wilmington, Korth Carolina,



Digitized by



Google



PRACTICAL FOllMS. 579

against Peter Clinton and John G. Attridge, in a cause of contract, civil and
man time, alleges and articulately propounds as follows:

First That the said Peter Clinton being part owner, and the said John G.
Attiidge part owner and master of the brig Growler, of New "S ork, on or about
the sixteenth day of June, 1848, by James Smith, his agent and broker, charter-
ed said brig to the libellant for a voyage from the port of New York to Wilming-
ton, North Carolina, and thence to London, to be provided with, and to carry a
full cargo of turpentine under and on deck, from Wilmington to London, at the
freight of four shillings sterling per barrel for turpentine under deck, and three
shillings and sixpence sierlingper barrel on deck, and primage of five per cent
on the amount of freight, the amount of the charter to be paid on the discharge
of the cargo in London; fifteen running lay days in Wilmington, for loading, and
fourteen running lay days in London, for discharging; the vessel to leave New
York for Wilmington on or before the twentieth day of June, then instant; and
in case there should not be thirteen feet of water on the bar at Wilmington, the
libellant was to pay lighterage on the cargo, sufficient to load her to thirteen
feet draft, and the vessel to be consigned in Wilmington to J. & D. McRea, and
in London to Charles Briggs.

Second. That said charter was made verbally and not in writing; and a few
days after the same was so agreed on, the said defendants having had a better
offer for said vessel, as the libellant has been informed and believes, chailered
her to other persons for a different voyage, and refused to complete and fulfil
said charter to the libellant.

Third, That the libellant has lost and sustained damage to the amount of six
hundred and twenty dollars and upwards, which he insists the said defendants
are boun4 in law to pay him, but which the defendants refuse to pay.

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 a monition in due form of law, ac-
cording to the course of this Honorable Court, in cases of admiralty and mar-
itime jurisdiction, may issue against the said Peter Clinton and John G. At-
tridge, and that they may be compelled to appear and answer upon oath all and
singular the matters aforesaid, and if they cannot be found, that an attachment
may issue against their goods and chattels, and if none be found, that their cred-
its and effects in the hands of Matthew Clinton and Peter Clinton, of said dis-
trict, garnishees, be attached, and that tliis Honorable Court would be pleased
to decree payment of the damages aforesaid, with costs, and that the libellant
may have such otlier and further relief as he may be entitled to receive.

A. B., Proctor, etc.

{Verification as in Form No, 1.)



No. 127. — Ordeb for wARRAirr of arrest. —( Fide ante, page 230.)



No. 128.— Marking of process for bail. — {Vide ante, page 230.)



No. 129. — Libellant' 8 stipulation for costs in rem.— (Fide ante, page 482.)



Digitized by



Google



680 APPENDIX.

No. 130. — ^LiBBLLAirr^s stipulation fob costs in pbbsonam. — ( Vide aniej

page 229.)



MESNE PROCESS.

No. 131. — ^Wabbant of abbsst in pebsonam.

The President of the United States of America, to the
Marslial of the Southern District of New York, Greeting:
Whereas, a libel has been filed in the District Court of the
United States of America for the Southern District of New
York, on the day of in the year of our

[L. S.] Lord, one thousand eight hundred and by A. B. ag^nat

C. D., in a certain action, civil and maritime, for freight
tlierein alleged to be due to the said libellant, amounting to
two hundred and fifty-two dollars, and praying that a war-
rant of arrest may issue against tlie said defendant: Now,
therefore, we do hereby empower and strictly charge and
command you the said marshal, that you take and arrest the said defendant, if
he shall be found in your district, and him safely keep, so that you may have
his body before the said District Court, on the day of at the Fed-

eral Building in the city of New York, then and there to answer the said libel,
and to make his allegations in that behalf; and have you then and there this
writ, with your return thereon.

Witness the Honorable Addison Brown, Judge of said court, this day

of in the year of our Lord one thousand eight hundred and

and of our independence the «

8. H. L., Clerk.
G. H., Proctor.



No. 132.— Mabk fob bail.

The marshal will hold the respondent to bail in the sum of hundred

and dollars.

Dated 18 Clerk.



No. 133. — ^Mabshal^s deputation to his deputy ob bailiff.

I hereby depute to execute the within process.

Dated 18

U. S. MarshaL



No. 134.— Mabshal's betubn.
Defendant taken.



MarshaL



No. 136.— The like, with attachment against goods and chattels, and

CBEDITS AND EFFECTS, AND SUMMONS TO GABNI8HBB.

The President of the United States of America to the Mar-
shal of tlie Southern District of New York, Greeting: Whereas
a libel has been filed in the District Court of the United States



Digitized by



Google



PRACTICAL FORMS. 581

of America, for the Southern District of New York, on the nine-
[L. S.] teenth day of May, in the year of our Lord one thousand eight
hundred and by Thomas Gould, libellant, against John

Gibbons, master of the ship Mount Yemon, in a certain action,
civil and maritime, for certain assaults and batteries therein al-
leged to have been committed on the said libellant, to his damage
of five hundred dollars, and praying that a warrant of arrest may issue against
the said defendant, and that he may be held to bail, pursuant to the rules and prac<r
tice of this court: Now, therefore, we do hereby empower, and strictly charge and
command you, the said marshal, that you take and arrest the said defendant, if
he shall be found in your district, and him safely keep, so that you may have
his body before the said District Court on the twenty-third day of May inst., at
the Federal Building in the city of New York, then and there to answer the said
libel, and to make his allegations in that behalf; and if the said defendant can-
not be found in your district, that you attach his goods and chattels in your dis-
trict to the amount sued for, and if no goods and chattels can be found, that you
attach his credits and effects to the amount sued for, in the hands of the gar-
nishees John El well & Co., and St. George Givins, and that you summon the said
garnishees to appear before the said District Court on the said twenty-third day
of May instant, to do and abide what may be required of them in this behalf;
and have you then and there this writ, with your return thereon.

Witness the Honorable Addison Brown, Judge of said court, this nineteenth
day of May, in the year of our Lord one thousand eight hundred and
and of our Independence the

Samuel H. Lyman,
A. N., Proctor. Clerk.

No. 136.— Mabshal's betubn.

The defendant is not found in the district, and I have attached the following
goods and chattels of said defendant

ob:
The credits and effects of the said defendant, in the hands of John Elwell A
Co., and St. George Givins, garnishees, and have summoned the said garnishees
as within commanded*

U. S. Marshal.



No. 186. — Citation ajxd monition in pebsonam, with mabbhal's betdbn.

The President of the United States of America, to the Mar-
shal of the Southern District of New York, Greeting: Where-
as a libel has been filed in the District Couil; of the United
[L. S.] States of America for the Southern District of New York, on

the day of in the year of our Lord one

thousand eight hundred and by A. B., against C. D.,

in a cei*tain action, civil and maritime, for wages tlierein al-
lied to be due to the said libellant, amounting to seventy-five dollars, and pray-
ing that a citation may issue against the said defendant, pursuant to the rules
and practice of this court:



Digitized by



Google



582 APPENDIX,

Xow, tlierefore, we do hereby empower, and strictly charge and command



Online LibraryErastus Cornelius BenedictThe American admiralty, its jurisdiction and practice, with practical forms and directions → online text (page 62 of 80)