furniture, and upon the certified copy order of publication that he had given due notice to all persons claiming the same that the court would, on this day, proceed to the trial and condemnation of the said vessel, her tackle, etc., should no claim be interposed for the same: whereupon, on motion of D. & F., proctors for the libelants, proclamation was made for all persons interested in the said vessel, her tackle, etc., to appear and interpose their claims; and no person appearing, on like motion, it is further ordered that the defaults of all persons be, and the same are accordingly hereby, entered, and that the said vessel, her tackle, etc., be condemned to pay the demands of the libelants. — a commissioner And it is further ordered that it be referred to of this court, to ascertain and compute the amount due the libelants for repairs, and to report the same to this court, with all convenient speed. FORM XIX.-INTERLOCUTORY DEOREE IN ADMIRALTY. At a stated term, etc. Present: Hon. [TITLE.] Judge. This cause having been heard on the pleadings and proofs of the respective parties, and having been argued by the respective advocates, now on motion of S. and G., proctors for the libelant, it is ordered that the libelant recover herein against the ship Y., her tackle, etc., the damages sustained by him by reason of the matters set forth in the libel, and that it be referred to -, a commissioner of this court, to ascertain the amount of such damages, and report thereon to this court with all convenient speed. Third. Because he has allowed for a new wheel of the C. Fourth. Because he has reported that the libelants are entitled to recover $3031.11 for repairs. Fifth. Because he has reported that the libelants are entitled to recover $3081.52 for demurrage. Sixth. Because he has reported that the libelants are entitled to recover the sum of $7107.03. Seventh. Because he has adopted an erroneous rule of damages and has allowed more than the market value of the C. during the detention. Eighth. Because he has allowed to the libelants for demurrage more than they actually lost, viz., more than the expense incurred by them in performing the various charters of the C. Ninth. Because he has not adopted the principle of restitutio in integrum, but by his report has held that the libelants could make a profit out of the disaster. Claimant's Proctor. This cause having been heard on the pleadings and proofs of the respect ive parties, and having been argued by the respective advocates, now on motion of D. & F., proctors for the libelants, it is ordered, adjudged, and decreed that the libelants above named recover herein against the re spondent above named the sum of $5000, with interest thereon from the 9th day of January, 1889, amounting to $725, and costs, taxed at the sum of $112.67, making in all the sum of $5837.67. And it is further ordered, adjudged, and decreed that, unless this decree be satisfied, or proceedings thereon be stayed on appeal, within the time limited and prescribed by the rules and practice of this court, the libelants have execution to satisfy this decree, and the stipulators for costs in behalf of the respondent cause the engagements of their stipulation to be performed. FORM XXIII.- FINAL DECREE IN ADMIRALTY. At a stated term of the District Court of the United States for the Southern District of New York, held at the Court Rooms in the City of New York on the 3d day of April, 1891. Present: Honorable Addison Brown, Judge. THE STEAM TOWAGE COMPANY, Libelant, against THE SCHOONER SARAH, HER TACKLE, ETC. JOHN SMITH, Claimant. This cause having come on to be heard upon the pleadings and proofs adduced by the respective parties, and having been argued by the respective advocates, now on motion of D. & F., proctors for the claimant, it is ordered, adjudged, and decreed that the libel herein be and the same hereby is dismissed with costs, and it is further ordered, adjudged, and decreed that John Smith, the claimant above named, recover herein against the libelant the sum of sixty-eight dollars costs as taxed. And it is further ordered that, unless this decree be satisfied or an appeal be taken therefrom within the time limited and prescribed by law and the rules and practice of this Court, the stipulators for costs on the part of the libelant cause the engagements of their stipulation to be fulfilled, or show cause within four days thereafter why execution should not issue against their goods, chattels, and lands, to satisfy this decree. ADDISON BRown. FORM XXIV.-FINAL DECREE IN ADMIRALTY. At a stated term of the District Court, etc. Present: Hon. JOHN SMITH THE STEAMBOAT X., HER ENGINES, ETC., AND THE STEAM-TUG Y., HER ENGINES, ETC. The report of the commissioner to whom it was referred to ascertain the damages sustained by the libelant by reason of the matters set forth in the libel having been filed, wherefrom it appears that such damages amount to the sum of three thousand dollars, and exceptions to said re port having been filed on the part of the libelant and both the claimants, and such exceptions having been overruled, now, on motion of D. & F., proctors for the libelants, it is Ordered that said report be, and the same hereby is, in all respects confirmed; and it is further ordered, adjudged, and decreed that the libelant recover herein as damages said sum of three thousand dollars, and as interest thereon from the date of said report the sum of one hundred dollars, and as costs the sum of two hundred dollars, making in all the sum of thirty-three hundred dollars, for which sum said steamboat X., and said steam-tug Y., their engines, etc., are hereby condemned. And it is furthered ordered, adjudged, and decreed, that as between said steamboat and said steam-tug the amount so adjudged to the libelant with the accruing interest and charges be paid by the respective claimants of said vessels in equal moieties, and that any portion of either of such moieties which the libelant shall not be able to collect from or enforce against either said steamboat or said steam-tug, or their respective claimants, shall be collected from or enforced against the other. And it is further ordered, adjudged, and decreed that, unless this decree be satisfied or proceedings thereon be stayed on appeal within the time and in the manner prescribed by the rules and practice of this Court, the stipulators for costs and value on the part of said vessels cause the engagements of their stipulations to be performed, or show cause within the time prescribed by law why execution should not issue against their goods, chattels, and lands to satisfy this decree. FORM XXV.- FINAL DECREE IN ADMIRALTY FOR SUMMARY JUDGMENT ON BOND TO MARSHAL. At a stated term, etc. Present: Hon. JOHN SMITH against THE STEAMBOAT X. AND THE STEAM-TUG Y. Judge. On reading and filing the report of A. B., to whom it was referred to ascertain the damages sustained by the libelant, whereby there is reported due the libelant as such damages the sum of $3000, and the time to file exceptions to said report having expired, and no exceptions thereto having been filed, now on motion of D. & F., proctors for the libelant, it is Ordered that said report be in all things confirmed, and that the libelant recover herein against the steamboat X., said sum of $3000 reported due as aforesaid, with $100 interest, and $200 costs, making the sum of $3300, and that said steamboat X., her engines, etc., be condemned therefor.* And it is further ordered, adjudged, and decreed that in pursuance of the Act of Congress passed March 3, 1847, a summary judgment be and the same hereby is entered against R. S., principal, and G. H. and J. K., sureties, on their bond given on the discharge of said steamboat from custody, for the sum of $6000, the amount of their said bond. And it is further ordered, adjudged, and decreed, that the libel herein be dismissed as against the steam-tug Y., with costs, and that M. N., claimant of said steam-tug, recover herein against the libelant the sum of $75 costs. And it is further ordered, adjudged, and decreed that, unless this decree be satisfied or proceedings thereon stayed on appeal within the time and in the manner prescribed by the rules and practice of this Court, the libelant have execution to enforce satisfaction of this decree as against said steamboat X., and the stipulators for costs on the part of the libelant cause the engagements of their stipulation to be performed, or show cause why execution should not issue against their goods, chattels, and lands to enforce satisfaction of this decree as against the libelant. FORM XXVI.- FINAL DECREE AND ORDER OF SALE IN ADMI RALTY. At a stated term, etc. Present: Hon. [TITLE.] [Same as last form to *.] Judge. *And it is further ordered that the Clerk of this Court issue a writ of venditioni exponas to the Marshal of the District, for the sale of said steamboat X., returnable at the October Term, the Marshal giving six days' notice of sale, pursuant to law. And it is further ordered that out of the proceeds of the sale of the said vessel, when paid into the Registry of the Court, the Clerk of this Court pay to the libelant or his proctor the amount reported due, together with his taxed costs. And it is further ordered that, unless an appeal be taken from this decree within the time limited and prescribed by the rules and practice of this Court, the Clerk, after deducting the taxed costs of the officers of Court, distribute the proceeds in satisfaction of this decree, subject to all priorities as they now exist. FORM XXVII.- NOTICE OF APPEAL IN ADMIRALTY. District Court of the United States for the Southern District of New York. A. B., Libelant and Appellant, against THE SCHOONER SARAH, HER TACKLE, ETC. M. M., Claimant and Appellee. SIRS: Take notice that the libelant above named hereby appeals to the United States Circuit Court of Appeals for the Second Circuit from the final decree, entered herein June 23d, 1891. Clerk of the District Court of the United States for the S. D. of N. Y. FORM XXVIII.- PETITION ON APPEAL. United States Circuit Court of Appeals for the Second Circuit. A. B., Libelant and Appellant, against THE SCHOONER SARAH, HER TACKLE, ETC. M. N., Claimant and Apellee. To the Honorable United States Circuit Court of Appeals for the Second Circuit: The petition of A. B., the libelant herein, respectfully shows as follows:1. On or about December 6, 1890, the libelant filed a libel in the District Court of the United States for the Southern District of New York against the above-named schooner, in a cause, civil and maritime, to recover the sum of $1000 for damages alleged to be due the libelant from said schooner, with interests and costs, as by reference to said libel will more fully appear. 2. On or about January 20th, 1891, the claimant duly appeared and filed his answer to said libel, praying that the libel be dismissed with costs, as by reference to said answer will more fully appear. 3. In March, 1891, said cause came on for hearing before the Honorable Addison Brown, Judge of said District Court, and such proceedings were had that on April 3rd, 1891, a final decree was made and entered in said suit, whereby it was adjudged that the libel be dismissed and that the claimants recover the sum of $68.28 as costs. 4. The above named libelant and appellant is advised and insists that said final decree is erroneous, in that it does not decree payment of the libelant's claim with interest and costs. 5. For this and other reasons the above named libelant and appellant appeals from said final decree to the United States Circuit Court of Appeals for the Second Circuit, and on said appeal intends to seek a new decision on the law and on the facts, upon the pleadings and proofs in said District Court, and upon new pleadings and proofs to be introduced in this court, and prays that the record and proceedings aforesaid may be returned to the United States Circuit Court of Appeals for the Second Circuit, and that said decree may be reversed and the libelants be decreed payment of their claim with interest and costs in the District Court and in this Court. S. & G., Proctors for Appellants. Dated, N. Y., July 17th, 1891. FORM XXIX.-ORDERS FOR MANDATE IN ADMIRALTY. At a stated term of the United States Circuit Court of Appeals for the Second Circuit, held in the Court Rooms in the city of New York, on the day of December, 1891. Present: Honorable WILLIAM J. WALLACE and Honorable E. HENRY LACOMBE, Judges. [TITLE] This cause having come on to be heard on appeal from the decree of the District Court of the United States for the District of Connecticut, entered |