페이지 이미지
PDF
ePub

March 3, 1851, now embodied in SS 4283 to 4285 of the Revised Statutes, and the several statutes amendatory and supplemental thereof, and in compliance with the rules of the Supreme Court of the United States made in pursuance thereof, does hereby grant, assign, transfer, and set over absolutely all its right, title, interest, and property in and to said steamship known as the D., her engines, boilers, tackle, apparel, and furniture, or any savings, remnants, or wreckage of said steamship, her engines, boilers, tackle, apparel, and furniture, and in and to the freight of the said steamship for her last voyage in said petition mentioned whether now or hereafter obtained, unto Samuel H. Lyman, Esq., as trustee appointed by the said order of the District Court as aforesaid, to have and to hold the same to him and his successors for the proper uses and offices of his said office of trustee. Power is hereby granted and conveyed to the said Samuel H. Lyman, Esq., trustee as aforesaid, and his successors in office, to make and enforce, by such actions at law or otherwise as may be necessary, all claims and demands of said T. Steamship Company for said steamship, her remnants, and freight.

In witness whereof said T. Steamship Company has subscribed these presents by its general agents for the United States, at the City of New York, on the twenty-fifth day of June in the year one thousand eight hundred and eighty-nine.

Taken and acknowledged in the presence of

FORM XXXV.- ORDER FOR MONITION.
At a stated term, &c. Present: Hon.

District Judge

[TITLE.] On reading the libel and petition herein, verified and filed on June 25th, 1889, for limitation of the liability of the petitioner above named, and it appearing therefrom that the steamship D. broke her shaft and was finally abandoned at sea on April 6th, 1889, and that said vessel and the cargo thereon became a total loss; and said petitioner, as owner of the D., also contesting its liability and the liability of said steamship for said loss, destruction, damage, and injury, independently of the limitation of liability claimed, and said libel and petition having stated the facts and circumstances by reason of which exemption from and limitation of liability are claimed; 1 (and on reading the order of this court dated the 25th day of June, 1889, whereby it has been ordered that said petitioner transfer its interest in said steamship and her freight for the voyage in said libel and petition mentioned to Samuel H. Lyman, Esquire, to act as trustee for the person or persons who may prove to be legally entitled thereto, pursuant

In case of appraisement: "and the amount or value of the interest of the petitioner in the steamship - her engines, etc., immediately after the accident sustained by her on the day of —, 18—, having been duly appraised at the sum of — dollars, as appears from the order entered herein on the — day of —, 18, and there being no freight pending on the voyage of said steamship —, on said - day of —, 18—, and the petitioner hav. ing duly given a stipulation, with sureties, for the payment of said amount into court when. ever the same shall be ordered, and said stipulation having been duly approved by the court, now, on motion of D. & F., proctors for the petitioner."

[blocks in formation]

to the provisions of the act of Congress and the statutes amendatory thereof in said libel and petition referred to; and upon reading and filing the instrument of transfer duly executed by said petitioner by his authorized agents, bearing date the 25th day of June, 1889, whereby it appears that the petitioner's interest in such vessel and freight have been transferred to such trustee, pursuant to such order and the said statutes and the rules of the Supreme Court of the United States in that behalf; upon motion of D. & F., proctors for said petitioner,] it is

Ordered that & monition issue, out of and under the seal of this court, against all persons claiming damages for any loss, destruction, damage, or injury occasioned by the disaster to said steamship B. and her subsequent abandonment referred to in said petition, citing them to appear before this court and make due proof of their respective claims, at or before the 10th day of October, 1889, at eleven o'clock in the forenoon; and Samuel H. Lyman, Esquire, a commissioner of the United States Circuit Court, is hereby designated as the commissioner before whom such claims shall be presented in pursuance of said monition.

It is further ordered that public notice of such monition be given by the United States marshal for this district, in a newspaper, for the space of fourteen days and thereafter once in each week until the 10th day of October, 1889; and that a copy of such monition and of this order be personally served on the attorneys, proctors, or solicitors of record for the plaintiffs or libelants in each of the suits brought and pending in any court in the United States against said T. Steamship Company, to recover for any such damages, such service to be made at least one month prior to the said 10th day of October, 1889.

It is further ordered that the prosecution of all or any suit or suits, actions, or proceedings against the T. Steamship Company, in respect of any claim for damages for any loss, destruction, damage, or injury occasioned by said disaster to the steamship D., or her loss and abandonment, be, and the same hereby is, restrained.

It is further ordered that any person claiming damages as aforesaid, who shall have presented his claim to said commissioner under oath, shall be at liberty, on or before said last named date, or within such further time as this court may grant, to answer the libel and petition herein, and to contest the right of the petitioner either to the limitation of liability or exemption from liability, or to both of said reliefs, as prayed for in said petition.

FORM XXXVI. - MONITION.

SOUTHERN DISTRICT OF NEW YORK, SS.
The President of the United States of America to the United States Mar

shal for the Southern District of New York, GREETING: Whereas a libel and petition was filed in the District Court of the United States for the Southern District of New York, on the 25th day of June, 1889, by the T. Steamship Company, as owner of the steamship D., praying for a limitation of its liability concerning the loss, destruction, damage, and injury occasioned by the disaster to and abandonment of said steam. ship on the 6th day of April, 1889, for the reasons and causes in said libel and petition mentioned, and praying a monition of the said Court in that behalf to be issued, and that all persons claiming damages for any such loss, destruction, damage, or injury may be thereby cited to appear before said Court and make due proof of their respective claims, and, all proceedings being had, that if it shall appear that the said petitioner is not liable for any such loss, destruction, damage, or injury, it may be so finally decreed by this Court:

1[And whereas the interest of the said petitioner in the steamship D. and her freight then pending has been duly transferred to Samuel H. Lyman, Esquire, as trustee, in compliance with the order of this court,] and the said Court has ordered that a monition issue against all persons claiming damages for said loss, destruction, damage, or injury, citing them to appear and make due proof of their respective claims;

You are therefore commanded to cite all persons claiming damages for any loss, destruction, damage, or injury occasioned by said disaster to and abandonment of the said steamship, to appear before said Court and make due proof of their respective claims before Samuel H. Lyman, Esquire, & commissioner of the United States Circuit Court, at his office, in the United States Court and Post Office Building, on or before the 10th day of October, 1889, at 11 o'clock in the forenoon. And what you shall have done in the premises do you then make return thereof to this court, together with this writ.

Witness the Honorable ADDISON BROWN, Judge of the said Court, at the city of New York, in the Southern District of New York, this 25th day of June, in the year of our Lord one thousand eight hundred and eighty-nine, and of our Independence the one hundred and thirteenth. (SEAL]

SAMUEL H. LYMAN, Clerk, D. & F., Proctors for Libelant and Petitioner.

FORM XXXVII.- FINAL DECREE IN PROCEEDINGS FOR LIMITA

TION OF LIABILITY IN ADMIRALTY.

At a stated term, &c. Present: The Honorable

District Judge. IN THE MATTER OF THE LIBEL AND PETITION

OF
THE T. STEAMSHIP COMPANY, AS OWNER OP Final Decree.
THE STEAMSHIP D., ETC., FOR LIMITATION

OF LIABILITY. A libel and petition of said T. Steamship Company having been filed in this Court, showing that it is the owner of the late steamship D., which broke its shaft and was abandoned on the high seas, on the 6th day of April, 1889, resulting in the total loss of said vessel with the cargo laden thereon; and it further appearing therefrom that at the time of filing said

10r, “And whereas the value of the interest of the said petitioner in said steamship has been duly appraised at the sum of — dollars, and there was no freight pending on the voyage of said steamship on said day of — 18 —, and a stipulation for the payment into court of the value of the interest of the said petitioner in said steamship has been given."

libel and petition various actions were threatened by certain passengers thereon, and that one suit was pending against the petitioner by one X. Y. as plaintiff, in the Supreme Court of the State of New York, in the City and County of New York, within the Southern District of New York, to recover for loss, damage, and destruction of baggage shipped or put on board said steamship, and it also appearing that such loss, damage, injury. and destruction of property were occasioned without the privity or knowledge of said petitioner. and that said petitioner desires to claim the benefit of the limitation of liability provided for in the Act of Congress of the United States entitled “An Act to limit the liability of shipowners, and for other purposes," passed March 3d, 1851, now embodied in SS 4283 to 4285 of the Revised Statutes, and the several acts and statutes amendatory thereof and supplemental thereto; and said petitioner having contested any and all liability in respect to said losz, destruction, damage, and injury independently of the limitation of liability claimed), and said libel and petition having stated the facts and circumstances by reason of which exemption from liability is claimed; and an order of this Court haring been made thereon dated the 25th day of June, 1889, whereby it was ordered that the said petitioner transfer its 'interest in said steamship and her freight for the voyage in said libel and petition mentioned to Samuel H. Lyman, Esquire, to act as trustee for the person or persons who may prove to be legally entitled thereto, pursuant to the provisions of the said Act of Congress of the United States, and the statutes amendatory thereof and supplemental thereto; and the petitioner having duly complied with said order, and having made said transfer to said trustee, as appears by the instrument of transfer duly executed by said petitioner to said trustee, bear. ing date the 25th day of June, 1889; and an order having been also made dated on said 25th day of June, 1889, directing a monition to issue out of and under the seal of this Court, citing all persons claiming damages for the loss, destruction, damage, and injury, to appear before this court and make due proof of their respective claims, with liberty also upon making proof to answer said libel and petition; and a monition having been thereupon, and on the said twenty-fifth day of June, duly issued in pursuance of said last mentioned order, and the said monition having been duly returned by Martin T. McMahon, the marshal of the United States for the Southern District of New York, with proof of due personal service of said monition on the attorney of record for X. Y., the plaintiff in the suit brought and pending against said petitioner, and also due proof of the giv. ing of due notice of said monition by publication in conformity with the directions in said last mentioned order. And on the return of said moni. tion proclamation having been duly made for all persons claiming dam. ages for any loss, destruction, damage, or injury occasioned by the disaster above referred to, to appear and present their claims, and such answers or exceptions as they should be advised, and no person having appeared, and no answer or exceptions having been filed, and the default of all per: sons having been duly noted. And a report having been duly rendered and filed by Samuel H. Lyman, Esquire, commissioner appointed in this proceeding as aforesaid, which report bears date the first day of November, 1889, from which it appears that no claims have been presented to him by any person or parties whatsoever, and it further appearing from said report and the testimony filed therewith that said steamship D. was lost and abandoned at sea on April 6th, 1889, and that the circumstances of said disaster have been correctly set forth in the libel and petition herein, and that said loss and disaster were done and occasioned without fault, privity, or knowledge of the petitioner herein, or of any of its servants, but were due soly to perils of the seas; and that at the time of starting upon said voyage from H., said steamship was in good condition, and was in every respect fully manned and equipped; and it being also reported by said commissioner that the petitioner herein is entitled to the benefit of the limitation of liability provided for in the Act of Congress of the United States, entitled "An Act to limit the liability of shipowners and for other purposes," passed March 3rd, 1851, now embodied in sections 4283 to 4285 of the Revised Statutes of the United States, and the several acts and statutes amendatory thereof and supplemental thereto; and the said Samuel H. Lyman, as trusteee, having also made and filed his report as such trustee, wherein he finds and reports that said steamship D. has become a total loss, and that nothing has been received or recovered therefrom, and that no freight moneys have been earned, paid, or received therefrom, and that nothing has therefore come to him or is recoverable by him, as such trustee, and said reports coming on to be heard, now upon motion of D. & F., proctors for the petitioner,

It is ordered that said several reports of Samuel H. Lyman, Esquire, as commissioner and as trustee, be, and they each are hereby, in all things confirmed; and that the defaults of all and every persons and parties thereto be, and the same hereby are, entered herein, and that the allegations of said libel and petition stand as confessed and admitted.

It is further ordered, adjudged, and decreed that said petitioner, the T. Steamship Company, as owner of the late steamship D., is entitled to the benefit of the limitation of liability provided for in the Act of Congress of the United States, entitled “An Act to limit the liability of shipowners and for other purposes,” passed March 3d, 1851, now embodied in sections 4283 and 4285 of the Revised Statutes of the United States, and the several acts and statutes amendatory thereof and supplemental thereto.

And it is further ordered, adjudged, and decreed that said libelant and petitioner be, and it hereby is, forever discharged from all and every claim or demand arising from or growing out of said disaster to the said steamship D., or out of the loss and abandonment of said vessel, and the loss or injury to any cargo, property, effects, and goods then laden thereon.

It is further ordered that said X. Y., his agents, attorneys, proctors, and counsel, refrain from the further prosecution of said action begun by him against the petitioner to recover for the loss, destruction, and injury as aforesaid.

It is further ordered that all other persons whomsoever claiming, or who may hereafter claim, for any loss, destruction, damage, or injury occasioned by said disaster to the steamship D., or by her loss and abandonment, be, and the same hereby are, perpetually restrained and enjoined

« 이전계속 »