९ LXIX. Statement in an Answer of an Agreement within the M. S. A. Act, 1862, s. 18 (a). By the terms of the agreement made between the plaintiffs and the defendants at the time that the plaintiffs entered into the service of the defendants on board the said steam-tug, the said steam-tug was from time to time to be employed on salvage service, and it was then stipulated and agreed that the plaintiffs should not be entitled to participate in any sums which might be paid to the defendants in respect of salvage services rendered by the said steam-tug, and the plaintiffs abandoned all right that they otherwise might have or obtain in the nature of salvage. LXX. Form of Prayer asking that the Salvage Money be brought into Court. The proctor for the plaintiffs prays the right honourable the judge to grant a monition, commanding the said A. B., C. D., and E. F., to state upon oath what sums they have received from the owners of the "Mary," or her cargo, or from any person acting on their behalf as reward for the salvage services rendered by the "Powerful" and her crew as aforesaid, and to pay the same into the registry of this honourable court; and further prays the right honourable the judge to order an equitable proportion thereof to be paid to the plaintiffs, and to condemn the defendants in the costs of these proceedings. TOWAGE. LXXI. Affidavit to Lead Warrant (b). In the High Court of Admiralty of England. I, A. B., of say as follows: 1. On the or vessel of day of the same then being off belonging to, and of which I am master [or E. F., the then master of the barque engaged the steam tug owner], to tow the said barque or vessel from (a) See The Pride of Canada, Br. & L. 208. (b) In cases of towage the suit is to and generally settled without a petition being filed-a form of petition may be framed from this affidavit. No. afterwards to attend upon the said barque or vessel. The said steam aforesaid, 2. For such services so rendered by the said steam tug to the said barque or vessel there is due and owing the sum of £ 3. I have applied to the said owners of the said barque and to the said master for payment of the said sum of £, so due as aforesaid, but they have refused and decline to pay the same, and the aid and process of the High Court of Admiralty are therefore necessary for the purpose of obtaining payment thereof. NECESSARIES. AGAINST A FOREIGN Ship, under STAT. 3 & 4 Vicr. c. 60, s. 6. In the High Court of Admiralty of England. say as follows: 1. In the month of -—, 186—, I, by the order and direction of E. F., the master of the Spanish (a) barque or vessel ———, when lying in the port of —, and in need of repairs, effected or caused to be effected certain necessary repairs thereto [or supplied her with sails of which she stood in need], amounting in value to the sum of £——, or thereabouts. 2. No part of the said sum has been paid to me, notwithstanding I have made several applications to the said master [or to the owners] of the said vessel for payment thereof, and the aid and process of the High Court of Admiralty are therefore necessary to enable me to obtain payment thereof. LXXIII. Or for Paragraph 1 in the preceding Form substitute. In the month of wherein the Spanish barque or vessel of E. F. then was master, was brought into the port of distress. At the request of the said master, and by his order and directions, I advanced several sums of money for the necessary expenses of himself and crew, and made several other necessary advances and payments amounting in the whole to the sum of £——. (a) In a cause of necessaries, the national character of the vessel proceeded against must be stated in the affidavit. Ad. Rules, 10. 3548 I, of LXXIV. A shorter Form of Affidavit. make oath and say, that I lately supplied certain necessaries to the amount of £- to the French brig or then lying at —, and that I am unable to obtain payment of the said sum without the aid of this court. vessel LXXV. Petition. The Spanish Barque "P." N. and P., solicitors for the plaintiff in a cause of necessaries instituted on behalf of I. A., of Liverpool, in the county of Lancaster, outfitter, against the Spanish barque or vessel "P.", her tackle, apparel, and furniture, and against H. de O., of B., in the kingdom of Spain, merchant, the owner of the said barque or vessel, intervening, say as follows: 1. The said barque or vessel is a Spanish vessel, and arrived in the port of Liverpool aforesaid in the month of September, 1866. 2. On the arrival of the said vessel at Liverpool aforesaid, her crew became and were entitled to be paid their wages and to receive their discharge, and there was a large sum of money due to the crew for wages. 3. The master of the said vessel had no moneys wherewith to pay the said wages, and divers of the seamen threatened to proceed against the said vessel and have her arrested for the sums due to them unles3 the same were forthwith paid to them. 4. The master of the said vessel, under the circumstances aforesaid, having himself no funds, and being unable to obtain any, and being apprehensive that the said vessel would be arrested, applied to the plaintiff to advance the necessary sums to pay the crew their wages, in order to avoid legal proceedings being taken against the said vessel; and the plaintiff, upon the orders and by the direction of the master of the said vessel, paid to the crew of the said vessel for their wages sums amounting in the whole to £89 4s.; and which said sums are still due and unpaid to the plaintiff. 5. The plaintiff also, at the request and by the direction of the master of the said vessel, supplied goods and paid for deposit on loan of a winch for the necessary use of the said vessel sums amounting together to the sum of £1 19s., and also advanced various sums amounting in the whole to £26 2s. for necessary work and repairs done to the said vessel at the port of Liverpool aforesaid, and for the necessary expenses of the said vessel at the said port, and otherwise on account of the said vessel. Such said sums were all advanced and paid in the necessary service of the said vessel, and are still due and unpaid to the plaintiff. 6. The sail sums were paid, and the said goods supplied, and the said money advanced by the plaintiff upon the credit of the said vessel, and not merely on the personal credit of the said master. And the said N. and P. pray the right honourable the judge to pronounce the said sums of £89 4s., £1 19s., and £26 28., to be due to the plaintiff, and to condemn the defeudant and his bail therein and in the costs of this suit. LXXVI. Answer in the same Case. M., W., and R., solicitors for H. de O., of Bilboa, in the kingdom of Spain, merchant, the owner of the above-named ship or vessel "P.", the defendant in this cause, say as follows: 1. That the plaintiff did not advance and pay the several sums of money nor any or either of them, and did not supply the said goods nor any or either of them in the petition mentioned as alleged. 2. That the said vessel was consigned by the defendant to Messrs. O., L., and Co., of Liverpool, who were, as her said master well knew, authorised by the defendant to make, and were ready and willing to make, the advances necessary for the wages and other necessary disbursements of the said vessel, and to supply the necessary goods and to provide the necessary work and repairs to the said vessel, and that the said master had no authority, express or implied, to pledge the credit of the defendant in respect to the matters in the said petition mentioned to any person or persons whomsoever other than the said Messrs. O., L., and Co. 3. That the said master received out of the freight earned by the said vessel on her voyage to Liverpool, and by advances from the said Messrs. O., L., and Co., sufficient sums of money for the wages and necessary disbursements of the said vessel. 4. That if the sums alleged to have been advanced and paid by the plaintiff were so advanced and paid, and if the said goods alleged to have been supplied were so supplied by the plaintiff, they were so advanced and paid and supplied by him in collusion with the said master and in fraud of the defendaut. 5. That the said sums alleged to have been advanced and paid and the said goods alleged to have been supplied by the plaintiff were not necessaries for which the plaintiff can sue in this honourable court pursuant to the statutes in that case made and provided. 6. The defendant denies the said allegations of the petition. And the said M., W., and R. pray the right honourable the judge to pronounce against the claim of the plaintiff, and to condemn him in costs. LXXVII. Reply in the same Case. 1. The solicitors for the plaintiff deny the several allegations contained in the first, second, third, fourth, and fifth articles of the answer of the defendant, and further say: 2. The plaintiff, at the several times when he advanced and paid the moneys mentioned in the petition, had no notice or knowledge of the circumstances alleged in the second and third articles of the answer, and bona fide advanced and paid the said moneys to and at the request of the master of the said vessel, as and being the master of the said vessel, for the purposes in the said petition mentioned, and upon the representations of the said master. LXXVIII. Conclusion in the same Case. M., W., and R., solicitors for the defendant, deny the several allegations of the second article of the reply, and say that they do not plead further, and pray that the pleadings be concluded. BRITISH SHIP, UNDER ADMIRALTY COURT ACT, 1861, s. 5. In the High Court of Admiralty of England. and in need of repairs, effected or caused to be effected certain necessary repairs thereunto amounting in value to the sum of £or thereabouts. 2. (a) I am informed and verily believe that no owner or part owner of the said ship or vessel is [or was] domiciled in England or Wales. 3. No part of the said sum has been paid to me, notwithstanding I have made several applications to the said master [or to the owner of the said vessel] for payment thereof, and the aid and process of this court are necessary to enable me to obtain payment thereof. (a) This paragraph is not necessary, although frequently inserted, for by the Act it is for the defendant to satisfy the court that an owner or part owner was domiciled in England or Wales. |