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No. 3408

I,

LXXX.

Shorter Form of Affidavit to Lead Warrant.

of -

necessaries to the vessel

make oath and say that I lately supplied certain -- of the port of - then lying at and that I am unable to obtain payment for the same without the assistance of this court.

LXXXI. Petition.

The "Troubadour" (a).

S., P., and J., solicitors for the plaintiff in a cause of necessaries, instituted on behalf of S. P., of Liverpool, in the county of Lancaster, engineer and boiler-maker, against the steam ship or vessel "Troubadour," and against E. F. S., alleged mortgagee of the said steam ship or vessel, intervening, say as follows :

1. The plaintiff carries on business as an engineer and boilermaker at Liverpool in the county of Lancaster.

2. In the months of February and March, 1866, the steam ship "Troubadour," belonging to the port of Wexford, in Ireland, and which was then plying between Liverpool and Dublin, was lying at the port of Liverpool, in need of repairs to her boilers and machinery, which it was necessary should be done in order to enable her to ply between the said ports and perform her voyages.

3. By the order and direction of one R., the then master of the said steam ship, the plaintiff at the said port of Liverpool effected certain necessary repairs to the said boilers and machinery of the said steam ship, and there is now due and owing to the plaintiff in respect of the said necessary repairs the sum of £76 15s. 114d.

4. The said repairs were done by the plaintiff upon the credit of the said steam ship or vessel, and not on the personal credit of the said master.

And the said S., P., and J. pray the right honourable the judge to pronounce the said sum of £76 15s. 11 d. to be due to the plaintiff, and to condemn the defendant and his bail therein, and in the costs of this suit.

No. 3408

Answer to the preceding Form.

LXXXII. The "Troubadour" (a).

C. and S., solicitors for E. F. S., the defendant in this cause, in answer to the petition, say as follows::

1. On or about the 25th of April, 1863, the " Troubadour," the

(a) See L. R. 1 Ad. 302.

ship in the said petition mentioned, with her boats, guns, ammunition, small arms, and appurtenances, was mortgaged by her owners to one G. S., to secure the repayment by them to him of the sum of £5500 and interest thereon, and the said mortgage was on or about the 6th day of May, 1863, duly registered according to the provisions of the M. S. Act, 1854.

2. Afterwards, to wit, on or about the 2nd day of December, 1864, certain persons who had by virtue of certain transfers of the said mortgage become and then were the registered transferees of such mortgage, to wit, H. A. C., J. B., and A. C., did, in consideration of the sum of £4640 16s. 10d. then paid to them by the defendants, transfer to him the aforesaid mortgage of the said ship, and such last-mentioned transfer was on or about the 16th day of December, 1864, duly registered, and a memorandum thereof duly recorded on the instrument of transfer according to the provisions of the M. S. Act, 1854; and since then and up to the present time the said mortgage of the said ship has been and is vested in the defendant, and in respect of such mortgage there remains wholly due and unpaid to the defendant the sum of £4640 16s. 10d. and interest thereon, for which the defendant holds the said mortgage as a security.

3. The several averments contained in the 2nd, 3rd, and 4th articles of the said petition are untrue.

4. The value of the "Troubadour" is far less than the sum for which the defendant holds the mortgage of the said ship as security as before-mentioned.

5. The owners, or some part owner of the "Troubadour," were or was at the time of the institution of this suit domiciled in England or Wales, and at such time as aforesaid neither the ship nor the proceeds thereof were under the arrest of the court.

6. Even if all the averments contained in the said petition be true, which the defendant denies, the defendant submits that under the circumstances mentioned in the 1st and 2nd articles of this answer, the defendant's claim as transferee of the said mortgage has priority over the alleged claim of the plaintiff, and precludes the plaintiff from having such claim satisfied out of the said ship.

Wherefore the said solicitors for the defendant humbly pray that the right honourable the judge will be pleased to reject the prayer of the plaintiff, to dismiss his petition, and to condemn him in the costs of this suit.

I,

the vessel

UNDER ADMIRALTY COURT ACT, 1861, s. 4 (a).
LXXXIII. Affidavit to Lead Warrant.

of

make oath and say that I have a claim against which is [or the proceeds whereof are] now under arrest of this court for the building [or equipping, or repairing] of the said vessel, and I am unable to obtain a settlement of my said claim without the assistance of this court.

No. 3412

LXXXIV. Petition.

The "Troubadour " (b).

S., P., and J., solicitors for the plaintiffs in a cause of necessaries and repairs, instituted on behalf of G. McD., A. M., and D. K. (trading under the style or firm of M., McD. & Co.), of Liverpool, in the county of Lancaster, shipwrights, against the steam ship or vessel "Troubadour," her tackle, apparel, and furniture, and against E. F. S., alleged mortgagee of the said steam ship or vessel, intervening, say as follows:1. The plaintiffs carry on business at the port of Liverpool, in the county of Lancaster, as shipwrights under the style or firm of M., McD. & Co.

2. In the months of December, 1865, and January, February, and March, 1866, the plaintiffs as such shipwrights at the said port of Liverpool effected certain necessary repairs to the steam ship or vessel " Troubadour," belonging to the port of Wexford, in Ireland, by the order and direction of R. the then master of the said steam ship or vessel.

3. The value of the said repairs amounted to the sum of £109 9s. 8d., and the said sum is now due and owing to the plaintiffs in respect of the said repairs.

4. The said repairs were done by the plaintiffs upon the credit of the said steam ship or vessel, and not on the personal credit of the said master.

5. At the time of the institution of this cause, the said steam ship or vessel was under arrest of this honourable court.

And the said S., P., and J. pray the right honourable the judge to pronounce the said sum of £109 9s. 8d. to be due to the plaintiffs, and to condemn the defendant and his bail therein, and in the costs of this suit.

(a) Form LXXIX., supra, can be readily adapted to a claim under this section, by the insertion of a statement

that the ship, or the proceeds thereof, are under arrest of the court.

(b) See L. R. 1 Ad. 302.

WAGES.

LXXXV. Affidavit to Lead Warrant.

In the High Court of Admiralty of England.

I

The "”

-, of -, make oath and say, that I have a claim against the [state nationality (a)] vessel for wages lately earned by me on board thereof as [capacity], [and for disbursements made by me on account of the said vessel]; and that the aid of this court is necessary to

enable me to obtain a settlement of the said claim.

[If a foreign ship, a notice of the institution of the cause must be sent to the consul, and a copy annexed to the Affidavit (b). See Form LXXXVI. below.]

LXXXVI. Notice to Consul of Institution of Suit against a

Foreign Ship.

The Spanish ship or vessel " Beloz."

Master.

Sir, We have to inform you that we have this day instituted proceedings in the High Court of Admiralty of England against the above-named ship or vessel "Beloz," to enforce payment of wages due ordinary seaman on board the said ship or vessel on her late

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to voyage to

We are, Sir,

Your obedient servants,

Agents for

To the Hon.

Solicitor for the above-named

Consul-General of Spain.

LXXXVII. Affidavit to Lead Warrant by a Seaman.

I, A. B., of

in the county of

mariner, make

oath and say as follows:

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—, 186—, E. F., master of the abovenamed British vessel then lying at --, engaged me to act as

on board thereof at wages after the rate of £- sterling per month on a voyage to and thence to a port of discharge or to the port day of

of

in the United Kingdom, and on the said

186-, I accordingly joined the said vessel in the capacity and at the

(a) In a cause of wages, the national character of the vessel proceeded against must be stated in the affidavit.

Rules, 10.

(b) Ad. Rules, 10.

Ad.

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wages aforesaid, and duly performed my duty on the said voyage, and was discharged from the said vessel at aforesaid, on the

day of

——, 186—, where the said vessel now is.

2. There is now due and owing to me for my services as such as aforesaid, the sum of £--, together with the sum of £being 10 days' double pay under the provisions of the Merchant Shipping Act, 1854, sect. 187, making together the sum of £--› as set forth in the following schedule :

3. I have made application to the said master of the said vessel for payment of the said wages so due to me as aforesaid, but he has refused and declines to pay the same, and the aid and process of the High Court of Admiralty are therefore necessary to enable me to obtain payment thereof.

No. 2718

IXXXVIII. The like by Two Foreign Seamen claiming Subsistencemoney, and Damages, &c. (a).

The Mexican barque or vessel "Tamaulipas."

We, I. G. and J. U., both of Liverpool, in the county of Lancaster, late mariners on board the above-named vessel, being severally sworn, make oath and say :—

And first, I the said I. G., for myself, say :—

1. That on or about the 8th day of September, 1864, the Mexican barque, "Tamaulipas," being in the port of Matamoras, in the empire of Mexico, and designed on a voyage thence to Liverpool and back again to Matamoras aforesaid, or any port in Mexico, her then master, D., hired me the said I. G. to serve as chief mate during the said voyage at the wages of 40 Mexican dollars per month, and on the said 8th day of September, 1864, I entered on board, and into the service of the said barque in the capacity and at the monthly wages aforesaid.

2. That on or about the 17th day of December, 1864, the said barque, with me on board thereof, sailed from Matamoras aforesaid with a cargo of cotton on the voyage aforesaid, but being short of ballast and provisions, put into the port of Havana for the purpose of obtaining the same.

And I the said J. U. for myself say :

3. That on the 9th day of January, 1865, the above-named barque or vessel then being at Havana, her said master hired me the said J. U., to serve as second mate on a voyage from Havana to Liverpool aforesaid, and thence to Matamoras, or any other port in Mexico, at the wages of 25 Mexican dollars per month, and accordingly on the said 9th day of January, 1865, I entered on board and into the

(a) It will often be found advisable to set out the claim at length in the affidavit to lead the warrant, which will then serve as proof of the claim.

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