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[Indorsed.] Vol. 19, No. 393.

UNITED STATES DISTRICT COURT.

For the Southern District of New York.

The Steamship Meteor, engines, tackle,

&c.

asm.

The United States of America.

EVARTS, SOUTHMAYD, & CHOATE,

Proctors for Claimants.

Claim of William F. Cary, Filed the thirteenth day of February, 1866.

DISTRICT COURT OF THE UNITED STATES.

For the Southern District of New York.

Filed the thirteenth day of February, 1866.

STIPULATION FOR CLAIMANT'S OR RESPONDENT's costs.

Entered into Pursuant to the Rules and Practice of this Court. Whereas, a Libel was filed in this Court on the twenty-second day of January, in the year of our Lord one thousand eight hundred and sixtysix, by Daniel S. Dickinson, on behalf of the United States of America, against the steamship Meteor, her engines, tackle, &c., for the reasons and causes in the said Libel mentioned, and praying that steamship, engines, &c. may be condemned and forfeited to the use of the said United States, and the parties hereto, hereby consenting, that, in case of default or contumacy on the part of the claimant, or his surety, execution for the sum of two hundred and fifty dollars may issue against their goods, chattels, and lands.

And, whereas also, a claim has been filed in said cause by William F. Cary, as agent and consignee of the said steamship and owners thereof,

Now, therefore, is is hereby stipulated and agreed, for the benefit of whom it may concern, that the stipulators undersigned shall be, and each of them is, hereby bound in the sum of two hundred and fifty dollars, conditioned that the claimant above named shall pay all costs and expenses which shall be awarded against him by the final decree of this Court, or upon an appeal by the Appellate Court.

Taken and acknowledged this thirteenth WILLIAM F. CARY, day of February, 1866, before me. S JOSEPH H. CHOATE. JOHN A. OSBORN,

United States Commissioner.

Southern District of New York, ss. :

Joseph H. Choate, party to the above stipulation, being duly sworn, doth depose and say, that he resides in the city of New York, that he is worth the sum of five hundred dollars, over and above all his just debts and liabilities.

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JOSEPH H. CHATE.
of February, 1866, before me.
John A. Osborn,

United States Commissioner.
Recorded the thirteenth day of February, 1866.

GEORGE F. BETTS,

Clerk.

And afterwards, and on the same thirteenth day of Febuary, 1866, the said claimant filed his answer as follows:

To the Honorable SAMUEL R. BETTS, Judge of the District Court of the

United States, for the Southern District of New York. The answer of William F. Cary, of the city of New York, intervening for the interest of his principals, Messrs. John M. Forbes and Robert B. Forbes, of Boston, in the State of Massachusetts, to the Libel of information of Daniel S. Dickinson, Attorney of the United States, for the Southern District of New York, who prosecutes on behalf of the said United States against the steamship Meteor, her tackle, apparel, and furniture, in a cause of seizure and forfeiture, alleges as follows:

First. The said respondent admits that the said steamship Meteor is now, and was at the time of her seizure, lying in the port of New York,

within the Southern District of New York, and within the jurisdiction of this Court, and at the time of her seizure she was ready to go to sea.

Second. But the said respondent denies each and every other allegation in the said Libel contained, and avers that the same are untrue.

And he denies that by reason of the premises in the said Libel set forth, or for any other cause, the said steamship, her tackle, &c. became or is 'forfeited or subject to forfeiture.

Wherefore, the said respondent prays, that the said Libel may be dismissed with costs, and that the said steamship, her tackle, &c. may be restored to the possession of this respondent as the agent of her said owners. Subscribed and sworn before me this

WILLIAM F. CARY. thirteenth day of February, 1866.

JOHN A. OSBORN,

United States Commissioner. EVARTS, SOUTHMAYD, & CAOATE,

Proctors for Claimants. JOSEPH H. CHOATE,

Advocate.

[Indorsed.]

Vol. 19-393.

UNITED STATES DISTRICT COURT.

The United States v. The Steamship Meteor, &c. Answer of William F. Cary, Claimant. EVARTS, SOUTHMAYD, & CHOATE,

Proctors for Claimants. Filed February 13, 1866.

27

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Exceptions to the claim of Robert B. Forbes and John M. Forbes as sole owners of the steamship Meteor, her tackle, &c. &c.

And now the said United States of America, appearing before this Honorable Court, by Daniel S. Dickinson, Esq., their Attorney for the Southern District of New York, say, that the said Robert B. Forbes and John M. Forbes were not at the time of the forfeiture alleged in the Libel aforesaid, and are not now the sole, true, and lawful owners of the said steamship Meteor, her tackle, &c. in manner and form as the said Robert B. Forbes and John M. Forbes have above claimed.

Wherefore, the said United States pray that the said claim of said Robert B. Forbes and John M. Forbes may be dismissed, and for such other or further order as to the Honorable Court may seem just in the premises.

D. S. DICKINSON,

United States District Attorney.

To EVARTS, SOUTHMAYD, & CHATE, Esqrs.,

Proctors for Claimants. Sirs, You will please to take notice that the foregoing is a copy

of exceptions of the United States to the claim of Robert B. and John M. Forbes as sole owners of the said steamship Meteor; and that the same have this day been filed in the office of the clerk of this Court.

Yours, &c.,
D. S. DICKINSON,

United States District Attorney. Dated, New York, February 15, 1866.

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Service of a copy of the within exceptions and notice is hereby admitted. NEW YORK, February 15, 1866. EVARTS, SOUTHMAYD, & CHOATE,

Proctors for Claimants. Filed February 15, 1866.

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