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 XXI.-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 28-100 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 XXII.-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 report 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 further ordered, adjudged, and decreed, that as between said steam-boat 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 steam-boat 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 XXIII.-FINAL DECREE IN ADMIRALTY FOR SUMMARY JUDGMENT ON BOND TO MARSHAL. At a stated term, etc. Present: Hon. JOHN SMITH 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 $3,000, 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 $3,000 reported due as aforesaid, with $100 interest, and $200 costs, making the sum of $3,300, and that said steamboat X., her enignes, 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 $6,000, 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 XXIV.-FINAL DECREE AND ORDER OF SALE IN ADMIRALTY. 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 XXV.-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 23, 1891. Clerk of the District Court of the United States for the S. D. of N. Y. FORM XXVI.-PETITION ON APPEAL. United States Circuit Court of Appeals for the Second Circuit. A. B., Libelant and Appellant, against THE SCHOONER SARAH, HER TACKLE, ETO. M. N., Claimant and Appellee. 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 $1,000 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 20, 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 3, 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 Secord 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. Dated, N. Y., July 17, 1891. S. & G., FORM XXVII.-ORDER 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 herein 1891, now, on motion of D. & F., proctors for the libelant and appellant, it is Ordered that said decree be, and the same hereby is, reversed, with costs of this Court, and that the costs of the District Court be apportioned, and that a mandate issue to said District Court directing said court to proceed in accordance with the opinion of this court. FORM XXVIII.-MANDATE IN ADMIRALTY. UNITED STATES OF AMERICA, SS. [SEAL.] The President of the United States of America, to the Honorable the Judge of the District Court of the United States for the Southern District of New York, GREETING: Whereas, lately in the District Court of the United States for the Southern District of New York, before you, in a cause between J. S., libelant and appellee, and the steamship X., whereof A. B. is claimant and appellant, wherein the decree of said Court is in the words and figures following, viz.: [Here state substance of decree of District Court] as by the inspection of the transcript of the record of the said Court, which was brought into the United States Circuit Court of Appeals for the Second Circuit by virtue of an appeal taken out by said A. B., agreeably to the Act of Congress in such case made and provided, fully and at large appears: And whereas, in the present term of October, in the year of our Lord one thousand eight hundred and ninety-one, the said cause came on to be heard before the said United States Circuit Court of Appeals for the Second Circuit, on the said transcript of record, and was argued by counsel. On consideration whereof it is now here ordered, adjudged and decreed by this Court that the decree of the District Court be, and the same hereby is, affirmed, with the costs of this Court, amounting to the sum of $42.25. |