reference to or arising out of the said collision, be restrained from bringing any other action or actions, suit or suits against the said schooner "Jessie or against the plaintiffs or any or either of them in respect of the said collision, and that all proper directions be given by this honourable court for ascertaining the persons who have any just claim in respect of loss or damage to ships, goods, merchandize, or other things caused by the said collision, and that proper directions be given for the exclusion of any claimants who shall not bring in their claims within a certain time to be fixed for such purpose, and that the plaintiffs may have such further and other relief as the nature of the case may require, and that right and justice may be otherwise done and administered in the premises. XXXIX. Answer to above. E. D. W., solicitor for the defendants, the owners of part of the cargo lately laden on board the sloop "Wabarne," says as follows: 1. The said defendants admit the truth of the said allegations in the said petition contained. 2. The said defendants further say that the cargo of bottles so shipped by them as aforesaid was of the value of £325, and was totally lost in the said collision. Wherefore the said E. D. W. prays the right honourable the judge to order that the plaintiffs do pay into the registry of this honourable court the aggregate amount in which they are answerable in respect of the collision in the plaintiffs' petition mentioned; that proper directions may be given for the exclusion of any claimants in respect of the collision who shall not come in within a certain time to be fixed for such purpose; that the said aggregate amount may be apportioned by this honourable court between the persons who shall establish their claims thereto, and that the plaintiffs may be condemned in interest after the rate of 41. per centum per annum upon the said aggregate amount from the 16th day of August, 1866, the day of the date of the said collision, to the day of the date of payment of the said sum and interest into court, and to pay to the said last-named defendants the costs of and incident to these proceedings, and also the costs incurred by the said last-mentioned defendants in and about the prosecution of the said suit No. 4384, and that the said suit 4384 may not be stayed so far as relates to the recovery of such costs. No. 2859 XL. Petition for Limitation of Liability by way of Objection to the Registrar's Report. The "Wild Rose." C. and U., solicitors for the Wallasey Local Board, the owners of the said vessel "Wild Rose," say as follows:1. This cause was brought by the owners of the steamship "Contest," against the steamship "Wild Rose," her tackle, apparel, and furniture, and against the Wallasey Local Board, the owners thereof, and their bail, intervening, to recover damages which had been occasioned by a collision between the said two vessels which had occurred on the 16th of September, 1865. 2. On the 18th of April 1866, the right honorable the judge pronounced that the collision in question in the said cause was occasioned solely by the fault or default of the master and crew of the vessel "Wild Rose," and for the damage proceeded for, condemned the said defendants and their bail therein, and in costs, and referred the said damage to the registrar, assisted by merchants, to report the amount thereof. 3. At the reference which took place on the 4th of December, 1866, the plaintiffs brought in a claim of damages to the amount of £3332 19s. 2d.—the said claim contained no item in respect of loss of life or personal injury. The principal item of the said claim was £3000 for the value of the steam-tug "Contest." The plaintiff's included in the said claim, with the consent of the defendants, the claims of the master and crew of the "Contest" for their private effects. The defendants gave evidence that the value of the "Contest" was such that the total amount of damages to be allowed to the plaintiffs would be considerably less than the sum of £1240 12s. 91d. hereinafter mentioned. 4. On the said 4th December, the registrar, as appears by the copy of his report annexed hereto and marked "A," found that there was due to the said owners of the said ship "Contest," and to the master and crew thereof for the damage pronounced for, the sum of £1832 19s. 2d., with certain interest thereon, and that each party ought to be left to pay his own costs of the reference. 5. Annexed hereto, and marked "B," is a certified copy of the register of the ship "Wild Rose," whereby it appears that her gross tonnage, without deduction on account of engine-room, is 155.08, and that on the said 16th of September, 1865, the date of the said collision, the Wallasey Local Board were and still are the owners of the said vessel. 6. The said collision occurred without the actual fault or privity of the said owners, or any of them. 7. £8 per ton of the said gross registered tonnage of the "Wild Rose" amounts to the sum of £1240 12s. 91d. The solicitors for the defendants pray the right honorable the H No. judge not to confirm the report of the registrar, but to pronounce that in accordance with the 54th section of the Merchant Shipping Act Amendment Act, 1862, the defendants are answerable in damages in this cause to the amount of £1240 12s. 93d. and no more. XLI. Answer to Preceding Form. S., P., and J., solicitors for the plaintiffs, in answer to the petition of the defendants filed the 20th day of December, 1866, say as follows: 1. They admit the facts stated in the several articles of the said petition. 2. They further say that the defendants gave no intimation to the plaintiffs, or any one on their behalf, before or at the time of the said reference, that they intended to claim the benefit of the 54th section of the Merchant Shipping Act Amendment Act, 1862. 3. If any such intimation had been given, the plaintiffs would at once have limited their claim to the amount mentioned in the said section, and have accepted the same in satisfaction of their claim, and, so far as the plaintiffs were concerned, the proceedings Lefore the registrar and merchants would have been wholly unnecessary, and if the defendants had afterwards insisted on having the damage assessed by the registrar and merchants, they would have had to pay the plaintiffs' costs of the reference. And the said S., P., and J. hereby humbly submit to the judgment of this honourable court, and further pray that the defendants should be condemned in the costs of the present proceedings and of the proceedings before the registrar and merchants (a). DAMAGE TO CARGO, BREACH OF CONTRACT, &c. UNDER THE 6TH SECTION OF THE ADMIRALTY COURT ACT, 1861. XLII. Affidavit to Lead Warrant where Negligence or Misconduct is complained of. In the High Court of Admiralty of England. I of The make oath and say that I am the owner [or consignee], [or assignee, of a bill of lading], of certain goods lately carried into the port of by the vessel and that the aid of this court is necessary to enable me to obtain compensation for damage done to the (a) The judge decreed as prayed. No. 2408 said goods by the negligence and misconduct of the owner, master, or crew of the said vessel. XLIII. Affidavit to Lead Warrant where Breach of Duty or Contract is complained of. I ——, of make oath and say that I am the owner [or consignee], [or assignee of a bill of lading] of certain goods. lately carried into the port of by the vessel ——, and that the aid of this court is necessary to enable me to obtain compensation for a breach of duty [or breach of contract on the part of the owner, master, or crew of the said vessel. XLIV. Affidavit to Lead Warrant, alleging Loss by Bad Stowage. I, T. B., of The "Helene." B., Master. carrying on business in partnership with H. B., J. S., and W. J. W., as oil merchants, under the style or firm of T. and H. B. and Co., make oath and say as follows: 1. I and the said H. B., J. S., and W. J. W., as such partners are assignees of a bill of lading of forty-seven casks of olive oil, shipped on board the ship or vessel "Helene," whereof B. is master, and which were carried from Leghorn into the port of L., in the said ship. 2. And I further say that I and my said partners have sustained damage to the extent of £432 16s. by the negligence and misconduct of the owner or owners and master of the said ship, in having badly stowed the said casks of oil, whereby the said casks of oil leaked, and a large quantity of the said oil ran out and became entirely lost to me and my said partners. 3. I further say that the said ship or vessel is a foreign ship, and that no owner of the said ship is domiciled in England or Wales. 4. I have caused application to be made to the master of the said ship for compensation for the damage and loss sustained by me and my said partners in manner aforesaid, but he altogether declines and neglects to make the same; and the aid and process of this court are therefore necessary to enable me and my said partners to obtain ment thereof. No. ship 66 XLV. Petition alleging a Short Delivery. The "Danzig" (a). pay A. B. and Co., proctors in the cause instituted against the Danzig," and against F. H., C. H., and C. B., of the owners of the said ship, say as follows: (a) 32 L. J. Ad. 164, Br. & L. 102. 1. The said F. H., C. H., and C. B., of- —, are and were the consignees of a cargo of wood goods shipped on board the said vessel at the Fort of Danzig, in the kingdom of Prussia, in or about the month of April, 1863. 2. The cargo at the time of shipment at Danzig aforesaid, consisted of 5656 pieces of 5 by 10 inch sleepers, and 14 fathoms of lathwood, as will more fully appear by the bill of lading, when produced. 3. The said ship arrived at the said port of H., about the 1st day of May, 1863, but the cargo when delivered out to the plaintiffs turned out to be considerably less than mentioned in the bill of lading. 4. That the said deficiency was occasioned through negligence, misconduct, and breach of duty, and breach of contract, on the part of the owners, or on the part of the master of the said vessel. 5. The plaintiffs have paid the freight on the full cargo mentioned in the bill of lading, as will appear by the bill of lading when produced. 6. The value of the portion of the said cargo which is deficient is £-sterling or thereabout. 7. No owner or part owner of the said vessel is domiciled in England or Wales. 8. Frequent applications have been made by the plaintiffs to the master of the said vessel for the cargo so deficient as aforesaid, and for payment of the value thereof, but the plaintiffs have been unable to obtain the same. And the proctors for the plaintiffs pray the right honourable the judge to pronounce for the damage proceeded for, and to condemn the defendant and his bail, and the said vessel in all damages and losses occasioned to the plaintiffs by the deficiency in the cargo aforesaid, and in the costs of this cause. No. XLVI. Petition alleging a Refusal to Carry on or Deliver the Cargo. C., S., and C., proctors for F. R. D. and J. A. H., of (a) Br. & L. 292. |