Copyright
Walter Malins Rose.

A code of federal procedure. (Superseding Detsy's Federal procedure.) Embodying enactments of Congress, constitutional provisions, established principles, and court rules, in force December 1, 1906, and the Bankruptcy act of 1898, with amendments and orders, together with a online

. (page 43 of 114)
Online LibraryWalter Malins RoseA code of federal procedure. (Superseding Detsy's Federal procedure.) Embodying enactments of Congress, constitutional provisions, established principles, and court rules, in force December 1, 1906, and the Bankruptcy act of 1898, with amendments and orders, together with a → online text (page 43 of 114)
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day of , in the year of our Lord nineteen hundred and ^

and of our independence the .

[L S.]



(Official character of attestor).



(See note to form 60.)



F. 64.
Stub of Certificate of Naturalization.

No. of certificate, .

Name ; age .



Declaration of intention, volume — , page .

Petition, volume page .

Name, age and place of residence of wife, , , . Names,

ages, and places of residence of minor children, , , ;



Date of order, volume , page .

(Signature of holder)
(See note to form 60.)



2466



CHAPTER. 5.

FORMS OF LIBELS IN ADMIRALTY.

F. 70. Skeleton libel under admiralty Rule 23.

F. 71. Commencement of libel in personam against master.

F. 72. — in personam against owner or other person.

F. 73. — in rem against vessel.

F. 74. — in rem against vessel and in personam against master.

F. 75. —in rem against vessel, cargo and freight.

F. 76. — against vessel, freight and master.

F. 77. — for warrant of arrest for personal damage.

F. 78. Conclusion of libel in personam.

F. 79. — in rem against vessel.

F. 80. — additions when libel includes cargo and freight.

F. 81. — in personam for warrant of arrest.

F. 82. — in rem against cargo.

F. 83. Libels for general average.

F. 84. Libel on bottomry bond.

F. 85. Libel in respondentia.

F. 80. Libel in personam — charter-party.

F. 87. Libel on charter-party against charterers refusing to take vesseL

F. 88. Libel for demurrage.

F. 89. Libel for demurrage — detention in loading.

F. 90. Libel for collision.

F. 91. Libel in rem, damages by collision.

F. 92. Libel in personam, damages by collision.

F. 93. Libel in rem — collision.

F. 94. Intervening libel in collision.

F. 95. Petition in intervention by administrator of persons killed by

marine collision.
F. 90. Libel for freigh.t charges.
F. 97. Libel in personam for freight charges.
F. 98. Libel by passenger for breach of contract to carry.
F. 99. Petition in intervention on libel for breach of contract to carry,
F. 100. Libel in rem for supplies.
F. 101. Libel of intervention for supplies.
F. 102. Intervening libel, repairs and material.
F. 103. Libel on marine insurance.
F. 104. Libel on marine insurance.
F. 105. Libel (marine insvirance).

F. 100. Petition by owner for limitation of liability. — caption.
F. 107. Petition for limitation of liability (Personal injuries.).
F. 108. ^another form.

2467



y.


10!).


F.


110.


F.


ill.


V.


11-2.


¥.


113.


¥.


114.


F.


115.


r.


116.


F.


117.


F.


118.


!F.


119.


F.


120.


F.


121.


F.


122.


F.


123.


F.


124.


F.


125.



F. 70. ADMIRALTY FORMS. [Code Fed.

Libel for personal injuries.

Libel for personal injuries.

Libel for salvage.

Libel in intervention of crew of rescuing steamer in case of

salvage.
Libel of intervention, (salvage.)
Libel for wages.
Libel for pilotage outward.
— pilotage inward.

Joint libel on breach of contract of affreightment.
Libel for pilotage offered and refused.
Pilotage.

Libel for towage.

Libel in rem to obtain possession of ship.
Libel in rem to obtain possession of merchandise.
Libel, petitory.
Libel of information.

Interrogatories annexed to a libel in rem.
(See § 11!)5. et seq.)

F. 70.
Skeleton Libel under Admiralty Rule 23.

[Title of Court and Cause]

Commencement, (see Forms, No. 71 et seq.)

State: First Nature of cause; e. g., that it is a cause civil and maritime.

( Of contract. )
(Of tort or damage.)
( Of salvage. )
(Of possession, etc.)

Second. (If suit in rem.) That the property is within the jurisdiction.

Third. (If in personam.) The names, occupations and residences of the
parties.

Fourth. Allege the facts on which libelant relies in support of his suit.

Fifth. Conclusion. (See Form No. 78 et seq.) .

Sixth. Interrogatories when required.

F. 71.

Commencement of libel in personam against master.

To the Honorable -, .Judge of the District Court of the United

States for the District of .

Tiie libel and complaint of AB., of , late seaman on board the

schooner " — ," whereof Z, of — , now is, or late was,

master, against the said Z in a cause of (cause of action; e. g. subtraction
of wages, damages sur contract, collision, pilotage, etc.), civil and mari-
time, alleges as follows:

2468



Procedure] ADMIRALTY FORMS. F. 70.

F. 7fi.
— in personam against owner or other person.
To the Honorable, etc.

The libel and complaint of AB, of , ship chandler, against Z,

of , owner of the schooner " " (or merchants) in a

cause of contract, civil and maritime, alleges as follows:

F. 73.

— in rem against vessel.
To the Honorable, etc.

The libel and complaint of AB, of , late mariner of the (steam)

ship "Z," whereof XY, of , now is, or late was, master, against

the said (steam) ship, her (engines, boilers, machinery), tackle, appareP
and furniture, and all persons lawfully intervening for their interest thereini
in a cause of (state cause of action), civil and maritime, showeth:

F. 74.

— in rem against vessel and in personam against master.
To the Honorable, etc.

The libel and complaint of AB, of , late mariner of the (steam)'

ship "Z," where of XY, of , now is, or lately was, nnsterr

against the said (steam) ship, her (engines, boilers, machinery), table, ap-
parel, and furniture, and also against the said XY in a cause of subtrac-
tion of wages, civil and maritime, showeth:

F. 75.
— in rem against vessel, cargo and freight.
To the Honorable, etc.

The libel and complaint of AB, of , against the (steam) ship

"Z," whereof XY of , now is, or late was, master, her (engines,

boilers, machinery), tackle, apparel, and furniture, and against [the cargo

of , laden on board of the said vessel and] the freight due

for the transportation of the [said] cargo in a cause of damage sur
contract, civil and maritime, showeth:

F. 76.
— against vessel, freight and master.
To the Honorable, etc.

Ihe libel and complaint of AB, of , late sein an on board the

(steam) ship "Z," whereof XY, of , now is, or late was, master,

against the said (steam) ship, her (engines, boilers, machinery), tackle,
apparel and furniture, and the freight due for the cargo now or lately
laden on board of her [and against the said XZ, master], in a cause of
subtraction of wages, civil and maritime, showeth:

2469



F. 77. ADMIRALTY FORMS. [Code Fed.

F. 77.
For warrant of arrest for personal damage.

To the Honorable, etc.

The libel and complaint of AB, of , late seaman on board the

<steam) ship "Z," against XY, of , master, and VW, of ■,

chief mate of the said (steam) ship, in a cause of personal damage, civil
and maritime, showeth :

F. 78.
Conclusion of libel in personam.

AH and singular the premises are true and within the admiralty and
maritime jurisdiction of the United States and of this honorable Court.

Wherefore he prays that a citation [or monition], according to the
course and practice of this honorable Court in causes of admiralty and
maritime jurisdiction, may issue to the said XY (master or owner, etc.),
citing and admonishing him to appear and answer all and singular the
matters aforesaid, and that the Court will pronounce for (state the relief
sought, e. g., the wages [or damages]), aforesaid, with interest and costs,
and will give to the libelant such further and other relief as in law and
justice he may be entitled to receive.

AB.



Proctor.
(Add verification of libel.)



F. 79.



— In rem against Vessel.

That the said (steam) ship is now in the port of , within the

District of .

That all and singular the premises are true and within the admiralty
and maritime jurisdiction of this honorable Court.

Wherefore, the libelant prays that process of attachment in due form
of law, according to the due course of this honorable Court in causes of
admiralty and maritime jurisdiction, may issue against the said (steam)
ship "Z," her (engines, boilers, machinery), tackle, apparel and furniture
(here insert if desired (a) from Form 42c ), and that the said XY, master,
and ail other persons having or pretending to have any right, title or in-
terest therein, may be cited to appear and answer all and singular the
iratters so articulately propounded, and that this honorable Court will be
pleased to pronounce for the wages aforesaid (insert (b) from Form 42 c,
If necessary), [and for such other relief to the libelant as shall to law and
justice appertain; and also to condemn the said (steam) ship, her (engines,
boilers, machinery), tackle, apparel and furniture, and the party inter-
vening in costs] — [or, with costs, and that the said (steam) ship, her (en-
ginesh. boilers, machinery), tackle, apparel and furniture, may be condemned
and sold to pay the same, and that the court will grant to the libelant
such otlier and further relief as shall to law and justice appertain.]

2470



Procedure] ADMIRALTY FORMS. F. 8:i.

F. 80.
— additions when libel includes cargo and freight.

(a) And against the (state cargo), lately laden on board of said vessel
[and against the freight due for the transportation of the [said] cargo.]

(b) And that the said vessel (and her said cargo) may be condemned
and sold to pay the same.

F. 81.
— in personam for warrant of arrest.

All and singular the premises are true and within the admiralty and
maritime jurisdiction of this honorable Court.

Wherefore, he prays that a warrant of arrest or other proper process,
according to the course of this honorable Court in causes of admiralty and
maritime jurisdiction, may issue against the said XY, master, and VW,
chief mate of the said ship "Z," and that they and each of them be re-
quired to answer all and singular the matters aforesaid; and that the
Court will be pleased to pronounce for the matters aforesaid with costs,
and will give to libelant such other and further relief as in law and justice
he may be entitled to receive.

F. 82.
In Rem Against Cargo.

That all and singular the premises are true and within the admiralty
and maritime jurisdiction of this honorable court, and that the said
(describe cargo) are now in the port of .

Wherefore, the libelants pray that process of attachment in due form of
law, according to the course of this honorable Court in causes of admiralty
and maritime jurisdiction, may issue against the said (cargo), and that
the said (consignee) and all other persons having or pretending to have
any right, title or interest tlierein may be cited to appear and answer all
and singular the matters aforesaid; and that this honorable Court will
pronounce for the (nature of claim, e. g., demurrage, or freight, or "money
due on bond," etc.), claimed as aforesaid with costs, and that the said
(cargo) may be condemned and sold to pay the same; and that the Court
will grant to libelants such other and further relief as in law and justice
they may be entitled to receive.

F. 83.
Libels for General Average,
[Title of Court and Causes.]
To the Honorable, etc.

The libel of AB, of , owner of the bark "Margaretha," of

Dantzig, Russia, of the burden of five hundred and twenty-seven registered
tons, whereof XY is master, against the Z company, of Philadedphia, a
corporation under the laws of the State of Pennsylvania, in a cause of
general average contribution, civil and maritime, alleges as follows:

I.

That on the day of , 18 , the said bark "Margaretha" sailed

from Pillau with a cargo of old rails and rags, bound for Philadelphia, well

2471



p 83, ADMIRALTY FORMS. [Code Fed.

equipped, staunch and strong, and in every particular completely sea-
worthy, commanded by M, a competent and skillful seaman and navigator.

II.

That the said cargo of rags was owned by the said Z Company and was
being carried by the said bark for them and at their request, they paying
freight to the said bark therefor.

III.
That on the twentieth day of June then following, at 12:30, a squall
was seen coming down from the southwest; the fore and maintop-gallants
and spanker were instantly clewed up and the flying jib hauled down.
By that time the squall was on with rain; the jib boom and foremast
liead snapped and carried away the maintop-gallant mast; all the spars
fell over the ship's side to leeward with their respective sails, yards, etc.,
and as they were held together by their rigging and floating in the water
by the vessel's side, being secured to the bark itself by the running and
standing rigging, the said spars commenced to pound heavily against her
in the heavy seaway; the jib boom also chafed and plunged into and
against the bows of the vessel; the vessel and cargo were in imminent
peril of being lost by the pounding of the spars, and after consultation,
the said master cut away all the said valuable spars, sails, and rigging,
and cast them adrift from the vessel, in order to save the vessel and cargo.
By 5 o'clock, P. M. all the spars, sails, and rigging which had fallen and
were secured as aforesaid had been cast and cut clear of the bark, and,
drifting off to leeward, were lost sight of.

IV.

That immediately upon the cutting away of said masts, sails, and rig-
ging, the common danger which threatened the cargo, vessel, and the lives
of the crew, and which was imminent and apparently inevitable, was
thereby avoided, and the result of such cutting away was the saving of
the cargo, vessel, and lives of the crew from destruction.

V.

That when the foregoing sacrifice was made, the position of the vessel
was in latitude 42 degrees and 25 minutes north, and in longtitude 57 de-
grees and 37 minutes west.

VI.
That the master of the bark, being the common agent of all concerned,
acted in good faith, and with discretion, and, with the sole view of avert-
ing the common danger, in cutting away the said masts, sails, and rig-
ging, vokmtary sacrificing thereby for the common benefit valuable prop-
erty which could have been saved but for the peril surrounding the vessel
at the time.

VII.
That on the sixth of August following the said bark came to anchor in
Halifax harbor.

2472



Procedure] ADMIRALITT FORMS. F. 84.

vni.

That while the said bark lay at Halifax, she expended large amount*
' of money in the payment of towage, in the purchase of new spars, sails,
and rigging to supply tlie places of the spars, sails, and rigging sacrificed
as foresaid, and for other and various expenses incurred for the benefit
of all concerned, and that after referring the adjustment of the contribu-
tion which each consignee and interested person is liable to pay the ves-
sel in order to average the loss to competent and skillful adjusters, to wit,
to D H & G, the said adjustment, after allowing all and various credits,
was presented to the said Z, and the amount of its contribution so ad-
justed, to wit, the sum of two tliousand and seventy-eight dollars and
twelve cents, was thereupon demanded by Messrs. F. R., agents for libel-
ant, but the said Z, thereupon refused to pay the same.

IX.

(Conclusion, the relief sought, being "the general average contribution.")

F. 84.
Libel on Bottomry Bond.

[Title of Court and Cause.]
(Commencement, Form No. .)

I.

That on the day of , 18 — , Z, the owner of the steamship

" — — ," of the burden of tons or thereabouts, was indebted

to this libelant in a large sum of money theretofore advanced to him for
the iise of said steamship, and which said money was then and there se-
cured by a bottomry and hypothecation of said steamship.

That the said steamship was then lying in the port of , and

was bound from thence on a voyage to , and thence back to the

port of , and the said owner thereof then and there, standing

in need of further advances of money for the purpose of repairing, re-
fitting, and paying other expenses connected with the business of said
ship in order to enable her to go to sea and perform the aforesaid con-
templated voyage, borrowed from the libelant for the use of said steamer
further sums of money, which together with the sum theretofore advanced

as aforesaid amounted in the aggregate to the sum of $ , upon a

new and further bottomry and hypothecation of the said steamer, the
first bottomry bond hereinbefore mentioned being thereupon canceled, and
the said sum was advanced and paid by this libelant accordingly.

TI.

That in consideration of the said advances and in fulfillment of the
agreement of bottomry and hypothecation as aforesaid, he, the said Z,
owner of said steamer as aforesaid, did by a certain bond or instrument
of bottomry and hypothecation, a copy whereof is hereto annexed, bear-
ing date at , the day of , of 18 — , by him duly signed

2473



P 85. ADMIRALTY FORMS. [Code Fed.

and executed, by and through his attorney in fact, R, thereunto expressly
•authorized, in the presence of two credible witnesses who have subscribed
their names thereto as witnesses of the due execution thereof, bind
the said steamer, her tackle, apparel, and furniture for the same as
security for the payment of the sum of $ , so advanced and there-
after to be advanced for the use of the said steamer, and the said owner

then and there agreed to pay to the said libelant the sum of $ , with

maritime interest at the rate of 8 per cent per annum from the said

(Jay of , 18 — , within ten days after the arrival of the said steamer

in the port of : , on the completion of her said voyage, and that

the said risk should continue as to the sum of $ until the final de-
termination, adjudication, and settlement of the cases of , then

and there pending in the District Court of the United States in and for

the District of , and the said owner did further agree in and by

said bond that the said steamer, her tackle, apparel, and furniture, should
be at all times liable and chargeable with the payment of the said sum
until the payment thereof.

III.

That thereafter said steamer proceeded upon her voyage to

and returned to the port of , where she arrived on the day

of , 18—.

IV.

That the said libelant has not received the aforesaid sum of $ ,

or any part thereof, though more than ten days have elapsed since the
return of said vessel, and the same, together with the interest thereon,

-amounting to the sum of $ , is due and has been demanded from R,

as the attorney in fact of the said owner, and the said bottomry and
hypothecation remain entirely unsatisfied, to the great damage of the
libelant.

V.

That the said steamer " " is now lying in the harbor of

, within the district of .

VI.

(Conclusion, Form No. 42 b.)

ANDROS & FRANK,
Proctors for libelant.
(For form of bottomry bond, see No. 123.)

(a) The Sirius, 54 Fed. Rep. 188; 7 U. S. App. G60; see Desty's Fed. Proc,
•sec. 52.

F. 85.
Libel in Respondentia.
[Title of Court and Cause.]
To the Honorable, etc.

The libel and complaint of AB, of , against three thousand

eijjht hundred and twenty barrels of flour lately laden on board the bark
■"Kaiwoon," in a cause of contract upon respondentia bond, civil and mari-
time, showeth:

2474



Procedure] ADMIRALTY FOnMS. F. 8G.

I.

That on or about the thirteenth day of January, 1878, the said hark
'."Kaiwoon,"' whereof XY was master, having met with heavy weather
whereby slic sustained great damage on her voyage from San Francisco to
New Yorlv with the said cargo of Hour on board, put into the port of Bahia
in distress. A survey was held upon the vessel and she was condemned
to be sold as unseaworthy and unable to complete her voyage. Thereupon
•the said vessel was sold and the cargo landed and stored.

II.

The said vessel sold for a sum sufficient only to pay the costs and ex-
•penses of her sale, and the master, being without means or credit in

, applied to the libelant and to other persons for a loan of

money, in order to enable him to trans-ship the cargo to New York. The
master had theretofore communicated with the owners, who reside in San
Trancisco, California, and also with the owners of the cargo, who reside in
New York, but they had refused or neglected to furnish him with any
rfunds.

III.

That libelant advanced to the master, for the purpose aforesaid, the
sum of four thousand eight hundred dollars, at an interest or maritime
premium of fourteen per cent, for the voyage to New York, and thereupon
the said master executed and delivered to the libelant a bond in re-
spondentia of the said cargo as security for the loan, a copy whereof is
hereto annexed, marked "F." and made part of this libel.

I\'.
The cargo was laden upon the ship '"Esmeralda" on or about February
4, 1878, and it safely arrived in New York, where it now is.

V.

Libelant has demanded of the said master and of the consignees of the
flour, Messrs. VW & Co., the sum due him upon the bond, but tlipy have re-
fused to pay the same, and there remains due him the sum of $ ,

which is his claim in this case.

VI.
(Conclusion, see Form No. 82.)
(For form of bond in respondentia, see No. 124.)
See Desty's Fed. Proc, sec. 52.

F. 86.
Libel in Personam — Charter-party.
tTitle of Court and Cause.]
To the Honorable, etc.

The libel of AB, master and part owner and agent of the Irig "Joaephus,"

of , against Z, of . etc., in a cause of contract, civil and

maritime, alleges:

2475



F. SG. ADMIRALTY FORMS. [Code Fed.

I.

Tliat sometime in the month of Marcli, 1845, the said brig being then
in the port of New York, the said libelant made and concluded with the
respondent a charter-party (a copy of which is hereto annexed and to-
which the libelant craves leave to refer), bearing date the tenth day of
;March, in the year aforesaid, by which the libelant, for and in considera-
tion of the covenants and agreements thereinafter mentioned, to be kept
and performed by the said respondent, did covenant and agree on the
freighting 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: 1st. The said libelant engaged that the said
brig, in and during the said voyage, should be kept tight, staunch, well-
fitted, tackled, and provided with every requisite and with men and provi-
sions for such voyage; 2nd. The said libelant engaged that the whole of
the said brig (with the exception 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 what-
ever 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 libelant 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.

II.

That it was, among other things, by the said charter-party covenanted
and agreed that the said respondent, for and in consideration of the cove-
nants and agreements to be kept and performed by the said libelant,
chartered and hired the said brig on the terms following therein men-
tioned, to wit: 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; 2nd. The said respondent further engaged to pay
to the said libelant 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 dollars per calendar month for each and every
month and pro rata for any unexpired month that said vessel might be
employed, 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 disbursements, and
the balance payable on discharge of the cargo in New Y'^ork.

m.

That afterward, to wit, on the twentieth day of March, in the year afore-
said, 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 the said charter-
party mentioned, the said libelant and XY, master of the brig aforesaid,

2476



Frocedurel ADMIRALTY FOIJMS. F. 86.

loaded and received on board of said brig a full cargo of lawful goods,
with which the master innnediately set said and proceeded to the port of



Online LibraryWalter Malins RoseA code of federal procedure. (Superseding Detsy's Federal procedure.) Embodying enactments of Congress, constitutional provisions, established principles, and court rules, in force December 1, 1906, and the Bankruptcy act of 1898, with amendments and orders, together with a → online text (page 43 of 114)