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Suit in personam for Freight.

A libel in personam should, if against the owner of the goods, allege the performance of the contract by a delivery, or offer of delivery, and if against the consignee, the libel should allege that the consignee had received the goods.

Suit in rem for Repairs or Supplies.

A libel in rem for repairs or supplies furnished a foreign vessel should state that at the time the repairs were made, or supplies furnished, the vessel was not owned or enrolled in the State where the supplies were furnished and the repairs made. It should also represent that on a certain day the vessel being at a certain port within the admiralty and maritime jurisdiction of the United States, and being unseaworthy, or needing supplies or repairs, the libellant was requested by the master to repair the vessel, or furnish her with supplies, and that he did so. The repairs or supplies should be stated at length. It should also be alleged that the repairs or supplies were furnished on the credit of the ship, and were necessary and suitable, and that the amount due has not been paid. It has also been held that it is necessary to allege that the supplies or repairs could not have been procured on the credit of the owner of the vessel.

Suit in personam for Repairs or Supplies.

Libels in personam against the master or owner, in cases of foreign or domestic vessels, are very similar to those in rem, and no difficulty will be found in drawing them.

Suits under Act of 1845.

Libels under the Act of 1845, conferring jurisdiction upon the district courts over the great lakes and navigable waters connecting the same, should state that the vessel is of twenty tons burden and upwards, that she was at the time enrolled and licensed for the coasting-trade, and employed in commerce between ports in different States and Territories upon the lakes or navigable waters connecting the same.

Suits for Wages.

In suits for mariners' wages, the voyage should be accurately described, and the hiring, the performance of duty, and the breach, should be fully set forth. The libel may also pray that the respondent be ordered to produce a copy of the shipping articles.

Suits on Bottomry Bonds.

A libel on a bottomry bond, if it is made by the master, should state

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the necessity which occasioned the giving of the bond, and that the master had no other means of procuring means to make the repairs. It should also allege the making of the bond, its terms, the departure of the vessel, and her safe arrival at the port where the bond was, by its terms, payable, and that the amount of the bond has not been paid. A copy of the bond should be annexed.

Suits for Salvage.

In libels for salvage, when the libellants are many in number, the names of the libellants may be inserted in a paper annexed. The libel should describe the position of the vessel or property saved, the danger it was in, with some minuteness of detail, and the services rendered.

Suits in Causes of Collision.

The libel should set forth the ownership of the vessel, the voyage on which she was bound, and that she was seaworthy and sufficiently provided with tackle, apparel, and furniture. It should then state the time and place of the accident as nearly as possible, the force and direction of the wind, the state of the weather, and the course the vessels were respectively steering. The position of the crew on deck in respect to the lookout, and all measures which were adopted to prevent the collision, should also be stated. It should also aver that the collision and loss were caused wholly by the culpable carelessness and negligence of those on board the other vessel, and that they would not have happened if due caution and proper diligence had been used by those on board the colliding vessel, and that they were in no way caused by those on board the vessel injured. The damage done should then be stated, and if the suit is in rem, there should be an allegation that the property is within the jurisdiction of the

court.

Suit in a Cause of Damage for an Assault.

The libel should state the voyage on which the libellant was shipped, and that during the voyage he well and truly performed his duty, and obeyed all the lawful commands of the master and other officers on board the ship. Each injury received, or assault complained of, should be then set forth in a distinct article.

Possessory Suits.

In a possessory suit the libel should state the ownership of the vessel, setting forth the proportion owned by the libellant, and the reasons which entitle him to the possession, and there should be a prayer that all documents relating to the national character of the vessel be delivered up to

the libellant. The circumstances which may entitle the owner to the possession are so various, that no particular form can be given.

Petition for the Sale of the Vessel.

No particular form is necessary for this. The libel should set forth the facts in extenso which render the sale necessary, and pray that the court order the same to be made.

Suits against Proceeds in the Registry.

These should be by petition, and should state the nature of the petitioner's demand, and should conclude with a prayer that the court will pronounce for the demand, and direct it to be paid out of the proceeds, and for such other relief as the petitioner is in right and justice entitled to, and as the court is competent to give. If a claimant has appeared, there should also be a petition that he be summoned to appear and show cause, if any he has, why the petition should not be granted.

ANSWERS.

THE manner of beginning and ending answers in admiralty will be seen from the form that we have before given. The same form will also show the manner of drawing the articles which state the defence, and for the matters which may be set up in defence, we refer to several subjects which we have considered in the body of our work.

INDEX..

A.

ACTIONS, trover for conversion of ship by one part-owner, i. 93, 94, n. 1.
whether ship's husband can bring, i. 111.

by and against part-owners, i. 116-127. See Part-Owners, VIII.
joinder of part-owners in, for tort and in contract, i. 116-119.
between part-owners for contribution, i. 119.

against vessels by name, i. 119, 120. See Part-Owners, VIII.

by one part-owner in name of vessel, i. 122, n.

trespass against steamboats by name, i. 122, n.

assumpsit for freight between part-owners, i. 117, n. 1.

assumpsit for wages upon shipping articles signed by one party, ii. 42, and n. 2.

ACT OF CONGRESS. See Statute.

"ACT OF GOD," exception of perils by, in bills of lading, i. 253, 254.
ADJUSTMENT, in general average, i. 444-472. See General Average.
ADMINISTRATOR, may sue in Admiralty when, ii. 371.

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ADMIRALTY, sale of ship under decree of, i. 74-78. See Sale of Ship, V.
care of seamen in. See Seamen.

ADMIRALTY, JURISDICTION OF, ii. 159-190.

I. AS DETERMINED BY PLACE, ii. 159-174.

in England confined to places outside body of county, ii. 159.

and within ebb and flow of tide, ii. 159.

permanent where tide always flows, ii. 159.

between high and low water mark, when tide covers place, ii. 159.
and ceasing when tide leaves, ii. 159.

what body of county comprehends, ii. 160, n.

in America conferred by statutes, ii. 159, 160.

and defined and measured thereby, ii. 160, 161.

at first confined to sea or waters within ebb and flow of tide, ii. 162.

then extended to places where tide was not strong enough to turn back cur-
rent, ii. 162.

but merely to cause regular rise and fall of water, ii. 162.

though within body of county, ii. 163.

but voyage was required to be substantially maritime, ii. 163, 164.

act of 1845, extending, constitutional, ii. 164.

limitation to tide waters inapplicable in America, ii. 165.

extends now over navigable waters, ii. 165.

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