Erastus Cornelius Benedict.

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

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you, the said marshal, tliat you cite and admonish the

said defendant, if he shall be found in your district, that he be and appear be-
fore the said District Court, on the day of 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 have yon 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



E. F., Proctor

No. 138. — Rbtcjbn of mabshal.
Personally served.



S. H. L., aerk.



U. S. MarshaL



No. 139.^W ARRANT OF ARREST OR ATTACHMENT AGAINST A SHIP, WITH A MONI-
TION AND A WARRANT OF ARREST AGAINST THE MASTER OR OWNER.

Southern District of New York, as.

The President of the United States of America, to the Marshal

of the Southern District of New York, Greeting: Whereas a libel

[L. S.] in rem and personam hath been filed in the District Court of

the United States for the Southern District of New York, on

the day of in the year of our Lord

one tliousand eight hundred and by A. B., against the ship or vessel

called the Rover, her tackle, etc. (or other property, describing it, as the case

may be), for the reasons and causes in the said libel mentioned, and praying the

usual process and monition of the said court in that behalf to be made, and that

all persons interested in the said ship or vessel, her tackle, etc., may be cited to

answer the premises, and all proceedings being had, that the said ship or vessel,

her tackle, etc., may, for the causes in the said libel mentioned, be condemned

and sold to pay the demands of the libellant.

You are therefore hereby commanded, to attach the said ship or vessel, her
tackle, etc., and to detain the same in your custody, until the further order of
the court respecting the same, and to give due notice to all persons claiming
the same, or knowing or having any thing to say why the same should not be
condemned and sold pursuant to the prayer of the said libel, that they be and
appear before the said court, to be held in and for the Southern District of
New York, on the day of at eleven o'clock in the fore-

noon of the same day, if the same shall be a day of jurisdiction, otherwise on
tlie next day of jurisdiction thereafter, then and there to interpose a claim for
tlie same, and to make their allegations in that behalf.

[We do hereby -further empower, and strictly charge and command you the
said marshal, that you arrest the said owner or master, if he shall be found in
your district, and have his body before the said District Court, on the
day of 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
bnve you then and there this writ, with your return thereon.



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PRACTICAL FOUMS. 583

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

S. H. L., Clerk.
E. F., Proctor.

Uf the process be in rem only^ the form is the same^ omitting the last clause in
hrackets,']



Ko. 140. — ^Rbtubn of the mabshal.

As within commanded, I attached the therein described, on

the day of and have given due notice to all persons

claiming the same, that this court will on the day of

inst, if that day should be a day of jurisdiction, if not, on the next day of juris-
diction tliereafter, proceed to the trial and condemnation thereof, should no
claim be interposed for the same [and I have arrested the defendant within
named].

U. S. Marshal.

[If the process be in rem only, the return is the same^ omitting the clause in
brackets.]



No. 141. — The like, against a ship akd ownbb and the executor of

ANOTHEB OWNEB.

Southern District of New York, ss.

The President of the United States of America, to the Mar-
shal of the Southern District of New York, Greeting: Whereas,
a libel hath been filed in the District Court of the United
[L. S.l States, for the Southern Distiict of New York, on the twenty-

third day of November, in the year of our Lord one thousand
eight hundred and forty-one, by Robert Gordon, against the ship
Hilah, her tackle, apparel, and furniture, and against Edmund
Hammond, master and owner, and against Thomas E. Lyde, executor of the
last will and testament of Abraham Tanner, owner,. deceased, for the reasons
and causes in the said libel mentioned, and praying tlie usual process and moni-
tion of the said court in that behalf to be made, and that all persons interested
in the said ship Hilah, her tackle, etc., may be cited in general and special, to
answer the premises, and all proceedings being had, that the said ship Hilah,
her tackle, etc., may for the causes in the said libel mentioned be condemned
and sold to pay the demand of the libellant: You are therefore hereby com-
manded to attach the said ship Hilah, her tackle, etc., and to detain the same
in your custody until the further orders of the court respecting the same, and
to give due notice to all persons claiming the same, or knowing or having any
thing to say why the same should not be condemned and sold, pursuant to tlie
prayer of the said libel, that they be and appear before the said court, to be
held in and for the Southern District of New York, on the fourteenth day of
December next, at eleven oVlock in the forenoon of the same day, if the same
shall be a day of jurisdiction, otherwise on the next day of jurisdiction tliere-
after, then and there to interpose a claim for the same, and to make their alle-
gations in that behalf. And you are hereby further empowered and commanded



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684 APrENDix.

to cite and admonish the said Edmund Hammond and Thomas E. Lyde, execntor
of Abraham Tanner, owner of said vessel, lately deceased, if they shall be found
in your districl^ that they appear before the said court, on tlie day herein above
last mentioned, to answer the matters contained in the said libel, and to stand
to and abide such order and decree as may be made by the court in the prem-
ises; and that you cite the said Edmund Ilammond, master and owner, and
Thomas E. Lyde, executor of tlie last will and testament of Abraham Tanner,
owner, deceased, and all other persons having any intei*est in the said ship
Hilah, her tackle, apparel, etc., that they be and appear before tlie said court,
on the said fourteenth day of December, next, then and there to interpose their
claims for the same, and to make their allegations in this behalf. And what
you shall have done in the premises, do you then and there make return there-
of, together with this writ.

Witness the Honorable Samuel R. Betts, Judge of the said court, this twenty-
third day of November, in the year of our Lord one thousand eight hundred
and forty-one, and of the independence of the United States the sixty-sixth.

Chab. D. Betts, Clerk.

S. B., Proctor.

No. 142. — The like, in a cause of possession ob BESTmmoir.

Southern District of New Torky ««.

The President of the United States of America, to the Mar-
shal of the Southern District of New York, Greeting: Whereas,
a libel in rem and personam hath been filed in the District
[L. S.] Court of the United States, for the Southern District of New

York, on the eighteenth day of August, in the year of our
Lord one thousand eight hundred and forty- seven, by Alfred
Peabody, libellant, against the schooner Lucinda Snow, her
tackle, etc., and against Stubbs and Rogers, in an action, civil and man time, for
said vessel and her freight, for the reasons and causes in the said libel mention-
ed, and praying the usual process and monition of the said court in that behalf to
be made, and that all persons interested in the said schooner or vessel, her
tackle, etc., may be cited in general and special, to answer the premises, and
all proceedings being had that the said schooner or vessel, her tackle, etc., may,
for the causes in the said libel mentioned, be delivered to the libellant:

You are therefore hereby commanded, to attach the said schooner or vessel,
her tackle, etc., and to detain the same in your custody, until the further order
of the court respecting the same, and to give due notice to all persons claiming
the same, or knowing or having any thing to say why tlie same should not be
delivered to the libellant, pursuant to the prayer of the said libel, that they be
and appear before the said court, to be held in and for tlie Southern Distinct of
New York, on the first Tuesday of September next, at eleven o'clock in the fore-
noon of the same day, if the same shall be a day of jurisdiction, otherwise on
the next day df jurisdiction thereafter, then and there to intei-pose a claim for
the same, and to make their allegations in that behalf. And the libellant hav-
ing prayed that the said Stubbs and Rogera may be cited to appear before the
said court, we do hereby further empower, and strictly charge and command
you the said mai^hal, that you cite and admonish the said Stubbs and Rogers,
if tliey shall be found in your district, that they and each of them appeir before



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PRACTICAL FORMS. 585

the said District Court, on the seventh day of September next, at in

the city of New York, then and there to answer the said libel, and to make their
allegations in that behalf; and have yon there and then this writ, with your re-
turn thereon.

Witness the Honorable Samuel R. Betts, Judge of said court, this nineteenth
day of August, in the year of our Lord one thousand eight hundred and forty-
seven, and of our independence the sixty-sixth.

J. W. Metgalf, Clerk.

Mabtin, Stbong akd a. F. Smith, Proctors.



No. 143. — ^Retubn of the mabshal.

As within commanded, I attached the therein described, on the

day of and have given due notice to all persons claiming the same,

that this court will, on the day of inst, if that day should be a day

of jurisdiction, if not, on the next day of jurisdiction thereafter, proceed to the
trial and condemnation thereof, should no claim be interposed for the same;
and I have cited the defendant Rogers within named, and the defendant Stubbs
is not found in this district.

U. S. Marshal.
Dated 184

No. 144. — The like against ship, fbeight, akd masteb, fob seamen* s

WAGES.

SoutJiem District of New York, as.

The President of the United States of America, to the Mar-
shal of the Southern District of New York, Greeting: Whereas
a libel in rem and personam, hath been filed in the District
[L. S.] Court of the United States for the Southern District of New

York, on the day of in the year of our Lord

one thousand eight hundred and forty-seven, by John C.
Duffie, Alfred Sandford, Alexander Wilson, Benjamin Hoff-
man, Robert Fruss, and Charles McCarty, against the barque Childe Harold,
and against the freights due for the cargo now or lately laden therein, and
against Crosby, master of said barque, for the reasons and causes in the said
libel mentioned, and praying the usual process and monition of the said court
in that behalf to be made, and that the said master and all persons interested
in the said barque or vessel, her tackle, etc., may be cited to answer the prem-
ises, and all proceedings being had, that the said barque or vessel, her tackle,
etc., and freight, may, for the causes in the said libel mentioned, be condemned
to pay the demands of the libellant:

You are thei^fore hereby commanded to attach the said barque or vessel, her
tackle, etc., and to detain the same in your custody, until the further order of
the court respecting the same, and to attach said freight, and to give due notice
to all persons claiming the said vessel and freight, or knowing or having any
thing to say why the same should not be condemned pursuant to the prayer of
the said libel, that they be and appear before the said court, to be held in and
for the Southern District of New York, on the day of at eleven

o* clock in the forenoon of the same day, if the same shall be a day of jurisdic-
tion, otherwise on the next day of jurisdiction thei*cafter, then and tliere to in-



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586 APPENDIX.

terpose a claim for the same, and to make their allegations in that behalf; and
we do hereby further empower, and strictly charge and command you the said
marshal, that you cite the said Crosby, master of said vessel, if he shall be found
in your district, to be and appear before the said District Court, on the
day of 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 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

A. B., Clerk.

C. D., Proctor.

No. 145.—ATTACHME2rr to compel obedience to an order or decree.

The President of the United States, to the Marshal of the Southern District of

New York, Greeting:

Whereas in a certain cause, civil and maritime, in the District Court of the
United States for the Southern District of New York, where A. B. is libellant
against C. D. [or the ship or vessel, etc.,] the said court did, on the
day of 1850, by a decree made on that day, order and direct

that [set forth the order] ; and whereas the said neglected and re-

fused to obey said decretal order, and thereupon the said court ordered and
decreed that an attachment should issue against him to compel him to perform
and obey the said decretal order: You are therefore commanded to attach and
arrest the said and him safely keep until he obey

and perform the said decretal order, and [here specify the particular acts to be
done], and to return to the said court what you shall do in the premises, with
-this writ.

Witness [teste as in other process].

Proctor. Clerk.



No. 146. —Marshal' 8 return.

I have attached and arrested the within named and have him

now in my custody.

U. S. MarshaL



STIPULATIONS.

No. 147.— Libellant' 8 stipulation for costs and expenses.

DUtHct Court of the United States for the Southern District cf New York.

BTIPUTiATION ENTERED INTO PURSUANT TO THE RULES AND PRACTICE OP THIS

COURT.

Whereas a libel was filed in this court, on the day of

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

A. B., against for the reasons and causes in the said libel men-

tioned, and tlie said A. B., and C. D. and £. F., his sureties, merchants, residing
at , the parties hereto hereby consenting that in case of default or



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PRACTICAL FORMS. 587

contumacy on the part of the libellant or his sureties, execution for the sum of
$100 (or $250) may issue against their goods, chattels, and lands.

Now therefore, it is hereby stipulated and agreed, for the benefit of whom it
may concern, that the stipulators undersigned are, and each of them is, hereby
bound, in the sum of $100 (or $250), conditioned that the libellant above named
shall pay all costs and expenses which shall be awai'ded against him by the final
decree of this court, or upon an appeal, by the appellate court.

A. B.
C. D.
E. F.
Taken and acknowledged, this day )

of 18 , before me, ^

Southern District qf New Yorky as,

parties to the above stipulation, being
duly sworn, each deposes and says that he resides as above set forth and that he
is worth the sum of two [or five] hundred dollars over and above all his just
debts and liabilities.
Sworn this day ?

of .18 , before me, S



No. 148. — Defend Airr' 8 stipulation fob costs and expenses.

District Court qf the United States for the Southern District of New York.

stipulation entered into pubsuant to the rules and practice op this

COURT.

Whereas a libel was filed in this court, on the day of

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

A. B. against C. D., for the reasons and causes in the said libel mentioned ; and
whereas the said C. D. has appeared in said suit, and the said C. D. and £. F.,
his surety, banker, residing at , the parties hereto hereby consenting and

agreeing that, in case of default or contumacy on the part of the defendant or
his sureties, execution may issue against their goods, chattels, and lands, for the
sum of hundred dollars:

Now, therefore, it is hereby stipulated and agreed for the benefit of whom it
may concern, that the stipulators undersigned shall be, and are bound in the sum
of hundred dollars, conditioned that the defendant above

named shall pay all costs and expenses which shall be awarded against him in
the suit upon the final adjudication thereof, or by any interlocutory order in the
prog^ss of this suit.

Taken and acknowledged, this day ?

of 18 , before me, S

Southern District qf New York, ss,

party to the above stipulation, being duly sworn,
deposes and says that he resides as above set forth and that he is worth the sum
of dollars, over and above all his just debts and liabilities.

Sworn this day ?

of 18 , before me. >



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588 APPENDIX.

No. 140. — CLAiMAirr*s stipulation fob costs and expenses.
District Court qf the United States for the Southern District cf New Tork.

STIPULATION ENTEBBD INTO PUB8UANT TO THE BULBS A2fD PBACTICB OF THIS

COUBT.

Whereas a libel was filed in this court, on the day of

in the year of our Lord one thousand eight hundred
and by A. B. against for the reasons and causes

in the said libel mentioned, and whereas a claim has been filed in the said cause
by C. D., and the said C. D. and £. F., his surety, residing at , the parties

hereto hereby consenting that, in case of default or contumacy on the part of
the claimant or his sureties, execution for tlie sum of $250 may issue against their
goods, chattels, and lands:

Now, therefore, it is hereby stipulated and agreed, for the benefit of whom it
may concern, tliat the stipulators undersigned are, and each of them is, hereby
bound in the sum of $250, conditioned that the claimant above named, shall pay
all costs and expenses which shall be awarded against him by the final decree of
this court, or upon an appeal, by the appellate court.

A. B.
C. D.
K F.
Taken and acknowledged, this day >

of 18 , before me, $

Southern District qf New Torky ss.

party to the above stipulation, being
duly sworn, deposes and says that he resides as above set forth and that he is
worth the sum of five hundred dollars, over and above all his just debts and
liabilities.
Sworn this day >

of 18 , before me, >

No. 150. — InTBBYENOB'S stipulation fob costs, EXPENSES AND DAMAGES.

District Court qf the United States for tite Southern District qf New Tork,
stipulation entebed into pubsuant to the bules and PBACTICB of this

COUBT.

Whereas a libel was filed in this court, on the day

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

by A. B. against for the reasons and causes

in the said libel mentioned, and whereas C. D. has intervened for his interest,
and the said C. D. and E. F., his surety, merchant, residing at the parties here-
to hereby consenting and agreeing tliat, in case of default or contumacy on the
part of the said intervenor or his sureties, execution may issue against their
goods, chattels, and lands, for the sum of $250:

Now, therefore, it is hereby stipulated and agreed, for the benefit of whom it
may concern, that the stipulators undersigned are, and each of them is, bound
in the sum of $250, conditioned that the intervenor above named shall abide by
the final decree rendered in the cause, and shall pay all such costs, expenseS|



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PRACTICAL FORMS. 589

and damages as shall be awarded against him by the final decree of this court,

or of the appellate court.

A. B.

C. D.
E. F.
Taken and acknowledged, this day ?

of 18 , before me, )

Southern DistHct cf New Tork^ aa,

party to the above stipulation, being
duly sworn, deposes and says that he resides as above set forth and that he is
worth the sum of five hundred dollars, over and above all his just debts and
liabilities.
Sworn this day >

of 18 , before me, \



No. 151.— Defendant's stipulation to appeab and pat the decbeb —

GIVEN ON ABBEST OB APPEABANCB.

District Court qf the United States for the Southern District qf New York.

STIPULATION ENTEBED INTO PURSUANT TO THE BULES AND PBACTICE OF THIS

COUBT.

Whereas a libel was filed in this court, on the day

of in the year of our Lord one thousand eight hundred

and by A. B. against C. D., for the reasons and

causes in the said libel mentioned, and the said C. D. and £. F. and G. H., his
sureties, residing , the parties hereto hereby consenting and agree-

ing that, in case of default or contumacy on the part of the said defendant or his
sureties, execution may issue against their goods, chattels, and lands, for the
sum of dollars:

Now, therefore, it is hereby stipulated and agreed, for the benefit of whom it
may concern, that the stipulators undersigned are, and each of them is, bound
in the sum of dollars, conditioned that the defendant above

named shall appear in the suit and abide by all orders of the court, interlocu-
toiy or final, in the cause, and pay the money, expenses, and damages awarded
by the final decree rendered therein in this court, or in any appellate court

A. B.
C. D.
E. F.
Taken and acknowledged, this day >

of 18 , before me, \

Southern District of New York, ss,

parties to the above stipulation, being
duly sworn, depose and say each for himself, that he resides as above set forth
and that he is worth the sum of hundred dollars, over and above all his

just debtff and liabilities.
Sworn this day >

of 18 , before me, >



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590 APPENDIX.

No. 152. — Claimant's stipulation to abide by and pay the decbkk.

District Court of the United States for the Southern District qf New York,

stipulation entered into pursuant to the rules and practice of this

COURT.

Whereas a libel was filed in this court, on the day of in

the year of our Lord one thousand eight hundred and by A. B. against

for the reasons and causes in the said libel mentioned, and
a claim has been filed by C. D., and the said claimant, and E. F. and G. II., his
sureties, residing , the parties hereto hereby consenting and agree-

ing that, in case of default or contumacy on the part of the claimant or his sure-
ties, execution may issue against their goods, chattels, and lands, for the sum
of dollars:

Now, therefore, it is hereby stipulated and agreed, for the benefit of whom
it may concern, that the stipulators undersigned are, and each of them is, bound
in the sum of dollars, conditioned that the claimant above-

named shall abide by and pay the money awarded by the final decree rendered
in the cause by this court, or in case of appeal, by the appellate court.

Taken and acknowledged, tliis day )

of 18 , before me, >

{Justification as in Form No, 151.)



No. 153. — STIPULATION FOR VALUE, ENTERED INTO PURSUANT TO THE RULE^
AND PRACTICE OF THIS COURT.

District Court of the United States for the Southern District of New York,

Whereas a libel was filed on the 2d day of November, 1802, by A. B. against
the bark , her tackle, apparel and furniture, for the reasons and causes

in the said libel mentioned; and whereas, the issuing of process has been waived
on the agreement of the owners of said bark to appear in said suit and file prop-
er claim and stipulations: [Or^ —

Whereas the vessel is now in the custody of the marshal of this district
under process issued in accordance with the prayer of said libel,*]

And whereas, a claim to said vessel has been filed by and

otliers, and the value thereof has been fixed by consent at five thousand dollars,
for the purpose of bonding, as appears by the said consent endorsed hereon
[Or, — and tlie value thereof has been fixed by appmisal at the sum of five thou-
sand dollars, as appears by the report of the appraisers filed herewith] ; and the
parties hereto hereby consenting and agreeing that in case of default or contu-
macy on tlie part of the claimants, or their sureties, execution for the above
agreed amount, with interest thereon from this date, may issue against their
goods, chattels and lands :

Now, therefore, the condition of this stipulation is such that if the claimants
herein and , residing at , in the city of ,

and by occupation , and , residing at ,



Online LibraryErastus Cornelius BenedictThe American admiralty, its jurisdiction and practice, with practical forms and directions → online text (page 63 of 80)