페이지 이미지
PDF
ePub

1. This action is instituted by C. D., E. F., and G. H., able seamen, who on the

ship A. B.

day of

[ocr errors]

188 were serving on board the

[ocr errors]

2. I am informed and believe that on the said

day of

and

the ship A. B. rendered salvage services to the steamship C. D., the plaintiffs were engaged in their capacities aforesaid on board the said ship A. B. during the rendering of such services. 3. A sum of £ has been paid by the owners of the C. D. to the owners of the A. B. for the salvage services rendered by the A. B. to the C. D., and has been accepted by them in respect of such

services.

are

4. The above-named defendants, L. M. and N. O., shipowners of the registered owners of the said ship A. B., and have duly received such sum as aforesaid, of which they have now possession. 5. The above named defendants, L. M. and N. O., have not paid any part of such sum to the plaintiffs in respect of the services rendered by them on board the A. B. on the aforesaid, and refuse to pay to the plaintiffs an equitable proportion of such sum. 6. The aid and process of this honourable Court are required to enforce payment to the plaintiffs of an equitable proportion of the above-named sum of £

day of

3.

IN ACTION OF TOWAGE.
(Title.)

I, A. B., solicitor for the above-named plaintiffs, make oath and say as follows:

1. The plaintiffs are the owners of the tug E., and reside at L. 2. I am informed and believe that on the

188

day of

the master of the said tug E. agreed to tow the ship L., now sought to be arrested from F. to G. for the sum of £

3. The tug E. towed the said ship from F. to G., but the owners of the said ship L. have refused to pay the said sum of £

said sum still remains unpaid.

, and the

4. The aid and process of this honourable Court are required to obtain payment of the said sum of £

4.

IN ACTION OF DAMAGE.
(Title.)

I, J. C., of Liverpool, in the County of Lancaster, clerk to Messrs. B. & Co., solicitors for the plaintiffs in this action [or I, A. B., the above named plaintiff ], make oath and say :

1. This action is brought by A. B. [or one A. B.], shipowner of Liverpool, in the County of Lancaster.

2. I am informed and verily believe that on the 20th day of February last, a collision, the subject of this action, occurred in the Salisbury Dock, Liverpool, between the above-named brig or vessel

Kate, of which the arrest is now desired, and the S. S. Athlete, whereby the latter vessel sustained considerable damage [or was sunk].

3. The owners of the said brig or vessel Kate, as I am further informed and believe, reside out of the jurisdiction of this honourable Court, and the said claim remains unpaid [or, I have made application for compensation in respect of the said damage to [or, loss of] the said steamship to the owners of the said brig, but they have refused and decline to pay such compensation].

4. The said brig or vessel Kate is now advertised for sale by public auction.

5. The aid and process of this honourable Court are required to enforce payment of the plaintiff's [or my] claim in respect of the said collision.

5.

DAMAGE TO CARGO.
(Title.)

I, A. B., solicitor to the above-named plaintiff, make oath and say as follows:

1. This action is instituted by C. D., of L., merchant.

2. On the

day of March, 1882, Messrs. G. & Co. shipped at Rangoon on board the said ship P., now sought to be arrested, a cargo of rice to be carried to London, for which the master thereof signed bills of lading.

3. The plaintiff is the indorsee of one of such bills of lading.

4. During the said voyage the said cargo suffered damage, and was delivered to the plaintiff's in a damaged state.

5. The plaintiffs have claimed damages from the defendants in respect of such injury as aforesaid, but the said claim has not been paid by the defendants.

6. The aid and process of this honourable Court are required to enforce payment of the said claim.

6.

IN AN ACTION FOR WAGES AND DISBURSEMENTS.

(Title.)

I, A. B., the above-named plaintiff [or, solicitor to the above-named plaintiff] make oath and say :

1. This action is brought by me [or by A. B.], a master mariner, to obtain the payment of wages due to me [or to him] as master of the above-named vessel C. D., and on account of disbursements made by me [or, by him] as such master as aforesaid, from the 20th of August to the 9th of November. The said claim amounts to the sum of £

2. The said vessel C. D. is a Spanish ship, and notice of this action has been given by me [or by my solicitor, or by me, the solicitor for

the above-named plaintiff T.] to Mr. E. F., Consul-General of Spain [this paragraph is only necessary when the ship which is sought to be arrested is a foreign vessel].

3. The owners of the said vessel have not satisfied my said claim [or, the claim of the plaintiff] herein.

4. The aid and process of this honourable Court are required to enforce payment of my [or, of the plaintiff's] claim for such wages and disbursements as aforesaid.

7.

IN ACTION OF MORTGAGE.

I, A.B., banker, of L., the plaintiff in the above-named action, make oath and say as follows:

1. On the

day of

[ocr errors][merged small][ocr errors]

of the ship X., now sought to be arrested, by deed mortgaged the said ship to me as security for a sum of £

M.

2. The said sum of £

has not been repaid to me by the said

3. In consequence of the default of the said M. in repayment of the said sum of £ I am entitled to receive possession of the

said ship under the provisions of the said deed.

4. The aid and process of this honourable Court are required to obtain possession of the said ship.

8.

IN ACTION OF BOTTOMRY.
(Title.)

I, A.B., merchant, the above-named plaintiff, make oath and say as follows:

[ocr errors]

18

[ocr errors]

1. I am the assignee [or, the holder, or the payee] of a bottomry bond for £ on the ship O., the arrest of which is now sought, dated the day of payable to Messrs. H. & Co. or their assignees, or order or indorsees, on the arrival of the said ship at a port of discharge in the United Kingdom. A copy of the said bond forms an exhibit hereto.

of

2. The said ship arrived at the port of L. on the

day

3. The said bond still remains unpaid, and this action is brought in respect of the sum due on the said bond.

4. The aid and process of this honourable Court are required to enforce payment of the said bond.

9.

IN ACTION FOR NECESSARIES.
(Title)

I, A.B., the solicitor for the above-named plaintiffs, make oath and say as follows :—

1. The plaintiffs, Messrs. C. D. & Co., are engineers and ironfounders of Liverpool.

2. The plaintiff's executed certain necessary work for and supplied with certain necessary materials the ship X., belonging to the port of London, whilst she was lying at Liverpool, to the value of £ still remains due and owing to the

3. The said sum of £

plaintiffs.

4. The aid and process of this honourable Court are required to enforce payment of the said claim.

I, A.B., of

and say as follows:

[merged small][merged small][ocr errors][merged small][merged small]

1. On the day of

18 "

[ocr errors]

an agreement was entered into between myself and one C.D., whereby the said C.D. transferred to me, in consideration of the sum of £

[ocr errors]

40-64th shares in the

ship or vessel X., and of which the arrest is now sought.

2. The said C.D. disposed of the remaining 24-64th shares in the said ship or vessel to the defendant.

3. The defendant refuses to permit the said ship or vessel to leave the port of and to fulfil a charter party entered into by the plaintiff with one G. in respect of the said ship or vessel.

[ocr errors]

4. The aid and process of this honourable Court are required to obtain possession of the said ship or vessel.

11.

FORM OF A CLAIM ON A REFERENCE BEFORE REGISTRAR AND MERCHANTS.

In the High Court of Justice,

Admiralty Division.

Claim.

An account of the losses of the owners, master, and crew of the late steamship A. B., by reason of the said steamship having been run down and sunk by the steamship T. on the 14th day of October,

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]

12.

AFFIDAVIT OF VALUE OF SHIP TOTALLY LOST.

I, A. B., of L. [state trade or employment], make oath and say as follows:

1. I was well acquainted with the late L. I inspected her on her completion in

screw steamship X. Y., of

[ocr errors]

18 and afterwards

at the commencement of the voyage she was performing when she was run down, on the

day of

18

2. The said steamship . Y. was built and completed at L. aforesaid, in the month of

18

[ocr errors]

tons gross

She was horse power, and at the time she

register, worked by engines of
was lost she was classed at Lloyd's.

3. The market value of the said steamship at the time of her loss was £

at least.

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

AFFIDAVIT OF Loss OF PROPERTY ON BOARD A SHIP TOTALLY

LOST.

I, A. B., of W., in the county of D. [state employment], make oath and say as follows:

1. That I was [state employment] on board the X. Y. at the time when she was sunk by the T.

2 The schedule hereunto annexed and marked by me contains a correct list of [state the nature of the lost articles] and other articles belonging to me, and on board the said steamship X. Y. at the time she was so sunk as aforesaid.

3. The whole of the said wearing apparel mentioned in the said schedule were entirely lost in the said steamship X. Y.

4. The several amounts set forth in the said schedule were the true value of the articles (opposite to which they are placed) at the time they were lost as aforesaid, to the best of my knowledge, information, and belief.

[blocks in formation]

List of clothes lost on board the X. Y. belonging to A. B.

[merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small]

This is the schedule referred to in the affidavit of A. B. sworn before me this

R. B.,

day of

A Commissioner, &c.

A. B.

H H

« 이전계속 »